20040289 Ver 1_Approval Letter_20040511

F W A TF
~ R Michael F. Easley, Governor
W
O~
QG illiam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
~ `p... ~ Alan W. Klimek, P.E., Director
> ~ Division of Water Quality
p ~ Coleen H. Sullins, Deputy Director
Division of Water Quality
May 11, 2004
Mr. Gregory J. Thorpe, Ph.D., Environmental Director
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
Re: Water Quality Certification Pursuant to §401 of the Federal Clean Water Act.
US 70 Relocation from SR 2314 (Fanjoy Road) to Iredell-Rowan Co. line.
Iredell County.
F.A. Project No. STP-70(39); State Froject No. 8.1631801
TIP No. R-2911A
DWQ Project No. 040289
~~
Attached hereto is a copy of Certification No. 3460 issued to The North Carolina Department of
Transportation dated May 11, 2004.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
Attachments
cc: Wilmington District Corps of Engineers
Steve Lund, USACE Asheville Field Office
NCDWQ Mooresville Regional Office
Christopher Militscher, US Environmental Protection Agency -Region IV
William D. Gilmore, NC Ecological Enhancement Program
Central Files
File Copy
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
"~i

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3460
R-2911 A
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued inconformity 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 Quality (DWQ)
Regulations in 15 NCAC 2H, .0500. This Certification authorizes the NCDOT to incur the following
permanent impacts:
0.26 acres of riverine wetlands through fill, excavation and mechanized clearing;
0.25 acres of surface waters;
1998 linear feet of jurisdictional stream loss.
R-2911A shall be constructed pursuant to the application dated February 25, 2004 to relocate US 70 from
SR 2318 (Fanjoy Road) east of Statesville to the Iredell-Rowan County line.
The Application provides adequate assurance that the discharge of fill material into the waters of the state
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. All work
authorized by this Certification must be done in strict compliance with the plans attached to the
Application. If this project changes, incurring additional impacts to streams, wetlands or buffers, you are
required to notify the DWQ in writing, and you may be required to submit a new application. 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, Non-discharge and Water Supply watershed regulations.
This Certification shall expire three (3) years from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding US Army Corps of Engineers Permit, whichever is later.
Condition(s) of Certification:
1. 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:
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.
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. Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
~',

Gregory J. Thorpe, Ph.D.
`~ §401 Water Quality Certification No. 3460
R-2911 A
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Application. All construction activities shall
be performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within 30 days after the
project has been released.
4. Stormwater management shall be constructed in accordance with the hydraulic design plans
submitted in the February 25, 2004 application.
The outside wetland or water boundary as well as along the construction corridor within these
boundaries approved under this authorization shall be clearly marked by orange fabric fencing for
the areas that have been approved to infringe within the wetland or water prior to any land
disturbing activities.
6. NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification.
There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this Certification without appropriate modification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
7. Excavation of stream crossings should be conducted in the dry unless demonstrated by the
applicant or its authorized agent to be unfeasible. Sandbags, cofferdams, flexible pipe, or other
diversion structures should be used to minimize excavation in flowing water.
8. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
9. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is strictly prohibited.
10. The removal of vegetation in riparian areas should be minimized. NCDOT is encouraged to use
existing on-site vegetation and materials for stream bank stabilization and to minimize the use of
rip rap. Riprap shall not be placed in the stream bottom. Riparian vegetation, using native trees
and shrubs, must be re-established within the construction limits of the project by the end of the
growing season following completion of construction to reestablish the riparian zone and to
provide long-term erosion control.
11. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than
20% of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger
should be buried at least 12 inches below the stream bottom to allow natural stream bottom
material to become established in the culvert following installation and to provide aquatic life
passage during periods of low flow. If any of the existing pipes are perched, they shall be
removed and replaced, and re-installed correctly, unless demonstrated that this is topographically
unfeasible.
12. Heavy equipment should be operated from the bank rather than in the stream channel unless
demonstrated by the applicant or its authorized agent to be unfeasible. All mechanized

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3460
R-2911 A
equipment operated near surface waters should be inspected and maintained regularly to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic substances.
13. Summary of Compensatory Mitigation: Compensatory mitigation shall be the same as that
approved by the US Army Corps of Engineers, as long as the mitigation required equals a ratio of
1:1 restoration or creation of lost wetland acres as described in 15A NCAC 2H.0506 (h)(6), and
consists of the following:
^ 180 linear feet of relocation of UT to Third Creek using natural channel design
^ 1817 linear feet of stream impacts will be mitigated through NCDENR Ecosystem
Enhancement Program (EEP).
^ 0.27 acres of impacts to riverine wetlands will be mitigated through EEP.
In accordance with 15A NCAC 2R.0500, this contribution will satisfy NC Division of Water
Quality's compensatory mitigation requirements under 15A NCAC 2H.0506(h). Until the EEP
receives and clears your payments, wetland or stream fill shall not occur. The payments to EEP
shall be sent within two (2) months of issuance of the 404 permit.
14. Rock check dams at culvert outlets should be removed at project completion to avoid blocking
movement of aquatic life.
15. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-
construction meeting. Written verification shall be provided that the final construction drawings
comply with the attached permit drawings contained in the Application dated February 20, 2004.
16. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the
project.
17. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards and any other appropriate requirements of State law and Federal law. If
DWQ 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, DWQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification,
DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in
writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
NCDOT shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
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 Permit. This Certification shall expire upon the expiration
of the 404 Permit.

" ~ Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3460
R-2911 A
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This the 11~' day of May 2004
DIVISION OF WATER QUALITY
~~
--__
Alan W. Klimek, P. .
WQC No. 3460
1

NORTH CAROLINA -DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project No. 040271, is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose of relocating US
70 from SR 2318 (Fanjoy Road) east of Statesville to the Iredell-Rowan County Line. All activities
associated with these authorized impacts must be conducted in accordance with the conditions listed
in the attached Certification transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
Summar oy f Impacts
^ 0.26 acres of riverine wetlands through fill, excavation and mechanized clearing;
^ 0.25 acres of surface waters;
^ 19981inear feet of jurisdictional stream loss.
On-site mitigation to be Rerformed by NCDOT:
^ 1801inear feet of on-site stream relocation using natural channel design.
COMPENSATORY MITIGATION REQUIREMENTS:
LOCATION: US 70
COUNTY: Iredell County
BASIN/SUBBASIN: Yadkin-Pee Dee, Hydrologic Unit 03040102
As required by 15A NCAC 2B .0250 and 15A NCAC 2H .0506(h), and the conditions of this
Certification, you are required to compensate for the above impacts through the restoration, creation,
enhancement or preservation of wetlands, buffers, and surface waters as outlined below prior to
conducting any activities that impact or degrade waters of the state. Mitigation to be performed by
NC Ecological Enhancement Program in Hydrologic Unit 03040102:
^ 18171inear feet of stream.
^ 0.26 acres of riverine wetlands.
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the Ecosystem Enhancement Program per 15A NCAC 2R .0503. If you choose
this option, please sign this form and mail it to the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYSTEM ENHANCEMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCMENT PROGRAM
1652 Mail Service Center
RALEIGH, NC, 27699-1652
1