20100752 Ver 1_Approval Letter_20110309

I
Beverly Eaves Perdue
Governor
. ... ern .. ? .
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director '
March 9, 2011
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed widening of US 321 from SR 1500 (Blackberry Road) to US
221 at Blowing Rock in Watauga and Caldwell Counties, State Project No. 6.739001T, TIP R-2237 C.
NCDWQ Project No. 20100752
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. W00003852 issued to The North Carolina Department of
Transportation (NCDOT) dated March 9, 2011.
If we can be of further assistance, do not hesitate to contact us.
erel
?,,Coleen H. Sullins
Director
Attachments
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Heath Slaughter, Division I lEnvironmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program
Wetlands/401 Transportation Permitting Unit
File Copy
Transportation Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 NorthCaCOllna .
Location. 2321 Crabtree Blvd., Raleigh, North Carolina 27604 - ' Naturally
Phone: [phone] FAX: [phone] -"
Internet: http://h2o.enr.state.nc.uslncweflands/ '
An Equal Opportunity 1 Affirmative Action Employer

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 Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.19 acres of jurisdictional wetlands and
1,929 linear feet ofjmisdictional streams in Watauga and Caldwell Counties. The project shall be constructed
pursuant to the application dated received September 9, 2010 with additional information dated received March 1,
2011. The authorized impacts are as described below:
Stream Imnacts in the Yadkin-Pee Dee River Basin
Site Permanent Fill in Perennial
Stream (linear ft) Temporary Fill in
Perennial Stream
linear ft Total Stream
Impact
linear ft Stream Impacts
Requiring Mitigation
linear ft
1 294 36 330 294
2 119 33 152 0
3a 53 0 53 0
3b 160 43 203 160
4 317 46 363 317
5 32 6 38 32

Total 975 164 1,139 803
Ctroom rmnaetc in the New River Racin
Site Permanent Fill in
Perennial Stream
linear ft Temporary Fill in
Perennial Stream
linear ft Total Stream
Impact
linear It Stream Impacts
Requiring
M;+; -#;-
linear ft
6
6 .294 0 294 294
7 160 26 186 160
9 133 10 143 0 -
l0a 59 19 78 0
10b 25 19 44 0
12 0 45 45 0

Total 671 119 790 454
Total Stream Impact for Project: 1,929 linear feet
Wetland Imnartc in the Vadkin-Pee Dee River Basin fRiverinel

Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
ac ac ac ac Impact ac
3 0.01 0 0 0.02 0 0 0.03
4 0.07 0 0.02 0.01 0 0 0.10
0.08 0 0.02 0.03 0 0 0.13
Total-
Wetland Imnartc in the New River Rasin tBiverinel .
Site .. , .Fill
(ac) -Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Area under
Bridge
ac Total
Wetland
Impact ac
6 0.01 0 0 0 0 0 0.01
7 0 0 0.01 0 0 0 0.01
11 0.04 0 0 0 0 0 0.04

Total 0.05 0 0.01 0 0 0 0.06
„r ._ , . Total Wetland.Impact for Project: 0.19 acres.

The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee Dee
and the New River Basins 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
September 9, 2010 with additional information dated received March 1, 2011. Should your project change, you are
required to notify the NCDWQ 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 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, 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:
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. NCDWQ staff shall be invited to the
pre-construction meeting.
2. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-
spawning season of October 15 through April 15 to protect the egg and fry stages of trout.
3. The pem» ttee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 4B.0 I 24(a)-(e)] in areas
draining to Tr waters. However, due to the size of the project, NC DOT shall not be required to meet 15A
NCAC 413.0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet,
or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business
days of ground disturbing activities to provide erosion control.
4. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on
disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is
contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc.
Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees.
Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge
and entrap small animals. For the establishment of temporary groundcover within. riparian areas,
hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-
free tank is allowable at the appropriate rate in conjunction with the erosion control measures.
Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian
areas are defined as a distance 25 feet landward from top of stream bank.
5. Compensatory mitigation for 803 linear feet of impact to streams in the Yadkin-Pee Dee River Basin and
454 linear feet in the New River Baskin is required. We understand that you have chosen to perform
compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement
Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated
in _a letter dated-August 30, 2010 that they will assume responsibility for satisfying the-federal Clean Water . _.?
Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party
MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
6. All channel relocations will be constructed in a dry work area and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by NCDWQ
staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed
to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native
woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. All stream banks
shall be matted with coir fiber matting. Also, rip-rap may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of rip-rap coverage requested.
7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.

J
Widening the stream channel §hould be avoided. Stream channel widening at the inlet or outlet eltd of
structures typically decreases water velocity causing sediment deposition that requires increased
- maintenance and disrupts aquatic life passage.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Any riprap placed in the channel bottom shall be keyed into the stream bed
and banks below the normal high water mark. Bioengineering boulders or structures should be properly
designed, sized and installed.
9. For the 283 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species.
10. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability.
11. At sites 1, 2, 6, 10, and 11, pipe burial is not required. For all other sites, 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
down stream of the above structures. The applicant is required to provide evidence that the equilibrium is
being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact NCDWQ for
guidance on how to proceed and to determine whether or not a permit modification will be required.
12. 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.
13. 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.
14. 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
16. 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 beans, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
17. 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.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
21. 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.
- 22.-"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.
23. The issuance of this certification does not exempt the Perauttee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by othef.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.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
25. 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
NCDWQ when all work included in the 401 Certification has been completed. .
26. 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.. '

27. There.shall be no excavation from, or waste disposal into,iurisdictional 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.
28. 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. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
30. 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 8:00am and 5:00pm, 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)-733-3478
A copy of the petition must also be served on DENR as follows:
_, . Ms. Mary Penny-Thompson, General Counsel , ;,;
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 9th day of March 2011•
DI ON 0 WATER QUALITY
Coleen H. Sullins
Director
WQC No. WQ0003852
NCDWQ Project No.: County:
Applicant:
Proiect 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 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWQ 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:
Engineer's Certification
Date:
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
Permirtee 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.