19970616 Ver 1_Modifications_20020219

WAIF Michael F. Easley, Governor
\0?0 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0) r Gregory J. Thorpe, Ph.D.
> Acting Director
p Division of Water Quality
February 19, 2002
Mr. William D. Gilmore, P.E., Manager
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Mr. Gilmore:
Re: MODIFICATION to Certification Pursuant to §401 of the Federal Clean Water Act,
Proposed US 421 relocation from west of South Fork of New River to east of the Blue Ridge
Parkway, Watauga County.
WQC Project 020003 (modification to 970616); COE 1999707161
F.A. Project No. FR-86-1(6), State Project 8.1750601, TIP R-529 BA, BB, & BD.
Attached hereto is a copy of the modification to Certification No. 3185 originally issued to The
North Carolina Department of Transportation on April 20, 1998.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director
Attachments
cc: Wilmington District Corps of Engineers
Jean Manuele, USACE Raleigh Field Office
Jennifer Frye, NCDWQ Winston-Salem Regional Office
Ron Ferrell, WRP
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/ncwetiands/
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of §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, Section .0500. This certification authorizes the NCDOT to incur the
following permanent impacts: 1.36 acres of jurisdictional wetlands through permanent fill,
excavation, and mechanized clearing and 13,461 linear feet of stream impacts in Watauga County, as
described in the revised application dated 9 October 1997, and updated dated December 14, 2001.
The project shall be constructed pursuant to the application dated October 9, 2001 (and updated
application dated December 14, 2001) filed to construct improvements to US 421 (TIP Nos. R-
529BA, BB, and BD).
The application provides adequate assurance that the discharge of fill material into the waters of
Rocky Branch, Pine Run Creek, Thaxon Creek, Laxon Creek, Gap Creek, and the South Fork of New
River 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, as
described in the Public Notice. Should your project change, you are required to notify the DWQ in
writing, and you may be required to 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 additional wetland impacts or stream impacts for this project
(now or in the future) exceed one acre or 150 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, 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 Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
The applicant must follow the appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual or the North Carolina Surface Mining
Manual, whichever is more appropriate (available from the Division of Land Resources
(DLR) in the DENR Regional or Central Offices) and shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of
such Best Management Practices in order to assure compliance with the appropriate turbidity
water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout
waters);
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
after the Division of Land Resources has released the project;
3. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this Certification. Should
this occur, compensatory mitigation will be required since it is a direct impact from road
construction activities.
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 l :l restoration or creation of
lost wetland acres as described in 15A NCAC 2H.0506 (h)(6). A report must be submitted
to the NC Division of Water Quality that describes the final approved wetland and stream
mitigation for this project within two (2) months of the issuance of the 404 permit issued by
the Army Corps of Engineers.
The 1.36 acres of wetland impacts to be mitigated and a portion (to be determined in
mitigation plan) of the stream mitigation shall be done at the Sparta Bog Mitigation Site as
discussed in the March 27, 1998 memo (feasibility study) from NCDOT entitled, "Wetland
and Stream Mitigation Strategy for US 421". The NC Wetland Restoration Program shall be
involved in the design of this mitigation site. NCDWQ shall be copied on the final mitigation
plan and annual reports for five (5) years. The 26.2 acres of preservation allocated for the R-
529BA, BB, and BD project will result in a compensation ratio of 19.2:1.
Compensatory mitigation for stream impacts shall be performed in accordance with the
contract with the NC Wildlife Resources Commission. Total direct perennial stream impacts
will include 13, 461 linear feet for this project. Of this 13, 461, 6,054 feet shall be relocated
within the project right-of-way, while the remaining 7,407 feet of permanent impacts shall be
mitigated at a 1:1 ratio. Additional written approval is required from DWQ for these
relocation plans. DWQ shall be involved in the selection of stream mitigation sites. Interim
reports shall be sent to DWQ by October 6, 1998 and April 6, 1999 to describe progress made
in locating suitable and available stream mitigation sites. Conservation easements or fee
simple land purchase shall be performed by October 6, 1999 to ensure a 1:1 replacement for
impacted streams (7,054 linear feet). DWQ shall be sent a report depicting the stream
mitigation sites by April 6, 1999. DOT and WRC shall develop a stream mitigation
monitoring protocol and submit it to DWQ for written approval. This protocol shall include
monitoring of macrobenthos and streambank stability for five (5) years.
5. DOT shall submit a stormwater and on-site stream enhancement plan to DWQ by June 6,
1998 for DWQ's written approval. This plan shall maximize stormwater treatment and on-site
stream enhancement to the maximum extent practicable.
In accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2H.0506(h). Until plans are received and approved for the stream
relocation using natural channel design, wetland or stream fill shall not occur.
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.
The Applicant 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.
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 19th day of February 2002
DIVISION OF WATER QUALITY
Gregory J. Thorpe, Ph.D.
WQC No. 3185
DWQ Project No.: County:
Applicant:
Project Name:
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 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to DWQ 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, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1, , 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, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
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, the approved
plans and specifications, and other supporting materials.
Signature Registration No.
Date