20200362 Ver 1_Approval Letter_20200610

DocuSign Envelope ID: 66DAA3D4-701 B-4A13-BOOD-11 FC90C433E1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Errlr MFIfh#rtfdI Quarlry
June 10, 2020
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed Rutherfordton Bypass, US 221 North of US 74 Bypass to
North of SR 1366 (Roper Loop Road) in Rutherford County, Federal Aid Project No. STBG-0024(083),
TIP Nos. R-2233BB & R-223313A.
NCDWR Project No. 20200362
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQC004229 issued to The North Carolina Department of
Transportation (NCDOT) dated June 10, 2020.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
I
�-YY�.W
ector
Division of Water Resources
Attachments
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer
Jeff Hemphill, NC Department of Transportation
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 66DAA3D4-701B-4A13-BOOD-11FC90C433E1
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and 15A NCAC 213. This certification authorizes the NCDOT to impact 0.11 acres of
jurisdictional wetlands and 4,736 linear feet of jurisdictional streams in Rutherford County. The project shall be
constructed pursuant to the application dated received March 13, 2020. The authorized impacts are as described
below:
Stream Impacts in the Broad River Basin
Site
Permanent Fill
in Intermittent
Stream
(linear ft)
Temporary Fill
in Intermittent
Stream
(linear ft)
Permanent Fill
in Perennial
Stream (linear
ft)
Temporary Fill
in Perennial
Stream (linear
ft)
Total Stream
Impact
(linear feet)
Stream Impacts
Requiring
NVlitigation
(linear ft)
1
43
34
77
0
1
24
14
38
0
4
139
18
157
139
4
698
698
698
4
68
68
4
10
7
17
10
5
10
17
27
0
5
112
112
0
5
28
21
49
0
6
11
9
20
0
6
670
670
670
6
34
18
52
34
7
832
832
832
8
445
445
445
8
32
32
32
8
25
20
45
0
9
14
9
23
0
9
140
140
0
9
55
7
62
0
10
72
19
91
72
10
217
217
217
10
45
51
96
45
11
10
27
37
0
11
151
151
0
13
35
19
54
0
14
10
24
34
0
15
22
14
36
0
15
506
506
506
15
14
19
33
14
16
52
10
62
0
16
38
38
0
16
18
12
30
0
17
143
143
0
18
13
13
26
0
TOTAL:
204
43
4,532
339
5,118
3,714
Total Stream Impact for R-2233BB: 4,736 linear feet

DocuSign Envelope ID: 66DAA3D4-701B-4A13-BOOD-11FC90C433E1
Wetland Impacts in the Broad River Basin (Riverine)
Fill
Excavation
Mechanized
Hand
Total
Impacts
Site
Fill (ac)
(temporary)
Wetland
Requiring
(ac)
Clearing (ac)
Clearing (ac)
(ac)
Impact (ac)
Mitigation (ac)
W8
0.11
1
1
1
1
1 0.11
1 0.00
Total Wetland Impact for R-2233BB: 0.11 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Broad River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received March
13, 2020. Should your project change, you are required to notify the NCDWR and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this
project (now or in the future) exceed one acre or 300 linear feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are
required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or
local permits before proceeding with your project including (but not limited to) Sediment and Erosion control,
Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This Certification shall expire on the
same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -
construction meeting with all appropriate staff to ensure that the project supervisor and essential staff
understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall
be invited to the pre -construction meeting. [I 5A NCAC 02H.0506(b)(2) and (b)(3 )
2. Compensatory mitigation for 3,714 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to
implement the mitigation for the project. The DMS has indicated in a letter dated March 4, 2020, that
they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above -referenced project, in accordance with the DMS Mitigation Banking
Instrument signed July 28, 2010.
When final design plans are completed for R-2233BA, a modification to the 401 Water Quality
Certification shall be submitted with five copies and fees to the NC Division of Water Resources. Final
designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands,
streams, and other surface waters, and buffers. No construction activities that impact any wetlands,
streams, surface waters, or buffers located in R-2233BA shall begin until after the permittee applies for,
and receives a written modification of the 401 Water Quality Certification from the NC Division of
Water Resources.
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts
and other structures including temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and
downstream of the above structures. The applicant is required to provide evidence that the equilibrium is
being maintained if requested in writing by NCDWR. If this condition is unable to be met due to

DocuSign Envelope ID: 66DAA3D4-701B-4A13-BOOD-11FC90C433E1
bedrock or other limiting features encountered during construction, please contact NCDWR for guidance
on how to proceed and to determine whether or not a permit modification will be required. [ 15A NCAC
02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 0213.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic
life passage. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [I 5A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15ANCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality standards,
statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
13. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
14. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor -owned or leased borrow pits associated with the project. Sufficient materials required for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on
site at all times.

DocuSign Envelope ID: 66DAA3D4-701B-4A13-BOOD-11FC90C433E1
15. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-
11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and
erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design
Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [I 5A NCAC 02H.0506(b)(2)]
19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
21. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
24. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC 02B.
0506(b)(2)]
25. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
26. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.

DocuSign Envelope ID: 66DAA3D4-701B-4A13-BOOD-11FC90C433E1
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
27. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 1 Oth day of June 2020
DIVISION OF WATER RESOURCES
CUSigned by:
E�DO
Can u pn� an,9886312DCD474...
S. Daniel Smith, Director
WQC No. WQC004229

DocuSign Envelope ID: 66DAA3D4-701 B-4A13-BOOD-11 FC90C433E1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Err0MFIfII&Mkl Qaarlly
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000