19970616 Ver 1_Modifications_20021106

? WA7'F Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
O? Q North Carolina Department of Environment and Natural Resources
6? W r Alan W. Klimek, P.E. Director
-i Division of Water Quality
November 6, 2002
Mr. Gregory J. Thorpe, Ph.D., Manager
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
Re: MODIFICATION to Water Quality Certification Pursuant to §401 of the Federal Clean Water
Act, Proposed US 421 Relocation from west of South Fork of the New River to east of the Blue
Ridge Parkway. Watauga County
TIP Project Nos. R-529 BA, BB and BD.
DWQ Project No. 970616. COE #199707161.
Attached hereto is a copy of the Modification to Certification No. 3185 issued to The North
Carolina Department of Transportation dated November 6, 2002.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
Attachments
cc: Wilmington District COE
John Thomas, USACE Raleigh Field Office
Jennifer Frye, NCDWQ Winston-Salem Regional Office
Central Files
File Copy
R*a
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/
r
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to incur the
following permanent impacts:
¦ 1.32 acres of jurisdictional wetlands;
¦ 13,461 linear feet of jurisdicational stream channels
in Watauga County, as described in the revised Application dated 9 October 1997 and an application
requesting a modification to the certification dated October 11, 2002.
The project shall be constructed pursuant to the revised application dated October 9, 1997 and
modification dated October 11, 2002 filed to relocate US 421 from east of the South Fork of the New
River to west of the Blue Ridge Parkway. This modification requests a change to the on-site stream
mitigation site (918.4 feet of mitigation) in favor of payment to the NC Wetlands Restoration Program
(WRP).
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 the 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. If this project changes, you are required to notify the DWQ in writing, and will 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 this
project incurs additional wetland or stream impacts, 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:
1. 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 10 NTUs in trout
waters);
2. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT March
1997), specifically using all applicable preventive and control measures during the design,

construction and maintenance of this project. These measures shall be implemented prior to any
ground-disturbing activities to minimize impacts to downstream aquatic resources.
3. During the construction of the project, the applicant shall strictly adhere to North Carolina regulations
entitled, Design Standards in Sensitive Watersheds [15A NCAC 4B .0 124], within the entire project
corridor.
4. Storm water shall be directed to buffer areas or retention basins and shall not be routed directly into
streams. Existing vegetated buffers shall not be mowed in order to utilize it for storm water diffuse
flow.
5. All sediment and erosion control devices placed in wetlands or waters shall be removed and the
natural grade restored after the Division of Land Resources has released the project.
6. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated
with this permit without appropriate modification of this Certification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
7. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown
to DWQ that providing passage would be impractical. 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 stream beds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the equilibrium shall
be maintained if requested in writing by DWQ.
8. 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). NCDWQ understands that the Sparta Bog
Mitigation Site (as discussed in the March 27, 1998 Feasibility Study Memo entitled, "Wetland and
Stream Mitigation Strategy for US 421) will be used for all wetland mitigation and a portion of the
stream mitigation. 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
years. The following are the impacts will be incurred:
a. Wetland impacts of 1.32 acres of riverine wetlands.
b. Stream impacts of 13,461 linear feet. NCDOT had originally planned to relocate 6,054 linear
feet within the project right-of-way limits with the remaining 7,407 linear feet of stream loss
mitigated at a ratio of 1:1. Additional written approval is required from NCDWQ for these
relocation plans. NCDWQ shall be involved in the selection of stream mitigation sites.
Interim reports shall be sent to NCDWQ by October 6, 1998 and April 6, 1999 to describe
progress made in location suitable and available stream mitigation sites. Conservation
easement or fee simple land purchase shall be done by October 6, 1999 to ensure a 1:1
replacement for impacted streams (7,407 linear feet). NCDWQ shall be sent a report depicting
the stream mitigation sites by April 6, 1999. NCDOT and WRC shall develop a stream
mitigation monitoring protocol and submit it to NCDWQ for written approval. This protocol
shall include monitoring of macrobenthos and streambank stability for five (5) years.
¦ Due to site constraints, a modification to this original stream mitigation scheme is necessary.
NCDWQ understands that 918.4 linear feet of stream impacts will require mitigation due to
an inability to perform the original stream relocation design. NCDOT will purchase 1,837
linear feet of stream mitigation from WRP (2:1 ratio). Additionally, NCDWQ understands

that a variance will be required from NC Wildlife Resources Commission to enable them to
work from October 15, 2003 to November 15, 2003. NCDWQ has received a copy of a letter
allowing such work from the NCWRC.
¦ The on-site stream relocations shall be performed and maintained according to approved
plans before any mitigation credit is given. If this Office determines that the stream
restoration or associated riparian area has become unstable, the stream shall be repaired or
stabilized using only natural channel design techniques. Additionally, the vegetation in the
riparian area shall be maintained and/or replaced according to the approved plans. Rip-rap
and other hard structures may only be used if required by the Division of Land Resources or a
Delegated Local Program. Additionally, all repair designs must be submitted to and receive
written approval from this Office before the repair work is performed.
¦ Since the on-site stream relocations are proposed as compensatory mitigation for project
impacts, the restored portions and associated riparian buffer areas shall be preserved in
perpetuity through a preservation easement or some other legally binding mechanism or
agreement. The above easement or other legally binding mechanism or agreement must be in
place before any mitigation credit shall be given. Additionally, physical and biological
monitoring plans shall be followed and reports shall be submitted to this Office after the first
year for a total of five (5) years.
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.
9. NCDOT shall submit a stormwater and on-site stream enhancement plan to NCDWQ by June 6, 1998
for NCDWQ's written approval. The plan shall maximize stormwater treatment and on-site stream
enhancement to the maximum extent practicable.
10. 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.
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 6`n day of November 2002
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
WQC No. 3185
DWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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: Date:
Engineer's Certification
Partial Final
1, , 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
Certificate of Completion
Registration No.
Date