20110844 Ver 1_Approval Letter_20010103

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
January 3 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to SR 1001 (Connelly Springs
Road) from US 321A (Norwood Street) to SR 1712 (Starcross Road) in Caldwell County
Federal Aid Project No MA STP 7533(2) State Project No WBS 34783 1 1 TIP No U
2211B NCDWQ Project No 2011 0844
Dear Dr Thorpe
Attached hereto is a copy of Certification No 3874 issued to The North Carolina Department of
Transportation (NCDOT) dated January 3 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
Charles Wakild P E
Director
Attachments
cc Monte Matthews US Army Corps of Engineers Raleigh Field Office
Mike Pettyjohn PE Division 11 Engineer
Heath Slaughter Division 11 Environmental Officer
Chris Militscher Environmental Protection Agency (electronic copy only)
Marla Chambers NC Wildlife Resources Commission (electronic copy only)
Beth Harmon Ecosystem Enhancement Program
Mike Parker DWQ ARO
Wetlands /401 Transportation Permitting Unit
File Copy — J
Transportation Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh NC 27604 Archdale Building
Phone [phone] FAX [phone]
Internet http //h2o enr state nc us /ncwetlands/
An Equal Opportunity 1 Afflrmati�e Action Employer
Dee Freeman
Secretary
NorthCal ohna
Naturally,

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 24
acres of jurisdictional wetlands and 1663 linear feet of Jurisdictional streams Caldwell County The
project shall be constructed pursuant to the application dated received September 1 2011 with additional
information dated received December 7 2011 and January 3 2012 The authorized impacts are as
described below
Stream Impacts in the Catawba River Basin
Site
Permanent Fill in
Temporary
Permanent
Temporary
Total
Stream
Total
Intermittent Stream
Fill in
Fill in
Fill in
Stream
Impacts
under
(linear ft)
Intermittent
Perennial
Perennial
Impact
Requiring
(ac)
Bridge
Stream (linear
Stream
Stream
(linear ft)
Mitigation
ft )
(linear ft
linear ft
024
linear ft
1
0
0
1000
34
1034
1000
2p
0
0
297
0
297
297
3
0
0
16
0
16
16
4
0
0
144
19
163
144
5
153
0
0
0
153
0
153
0
1457
53
1663
1457
Total
Total Stream Impact for Project 1663 linear feet
Wetland imnnek in the Catawba River Basin (riparian)
Site
Fill
Fill
Excavation
Mechanved
Hand
Are i
Total
(ac)
(temporary)
(ac)
Clearing
Clearing
under
Wetland
(ac)
(ac)
(ac)
Bridge
Impact
ac
ac
2
024
0
0
0
0
0
024
024
0
0
0
0
0
024
Total
Total Wetland Impact for Project u 24 acres
The application provides adequate assurance that the discharge of fill material into the waters of the
Catawba 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 September 1 2011 with additional information dated received December 7 2011 and January 3
2012 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 1501mear 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
Compensatory mitigation for 1457 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
Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for
the project EEP has indicated in a letter dated December 20 2011 that they will assume responsibility
for satisfying the federal Clean Water Act compensatory mitigation requirements for the above
referenced project in accordance with the North Carolina Department of Environment and Natural
Resources' Ecosystem Enhancement Program In Lieu Fee Instrument signed July 28 2010
2 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 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
3 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
Widening the stream channel should be avoided Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage
4 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 Any applicable riparian buffer
impact for access to stream channel shall be temporary and be revegetated with native riparian species
5 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
For the 53 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
7 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
8 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
9 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
10 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

11 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
12 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
13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval
14 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
15 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
16 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
17 No rock sand or other materials shall be dredged from the stream channel except where authorized by
this certification
18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
19 State or federal law is being violated or that further conditions are necessary to assure compliance
NCDWQ may reevaluate and modify this certification
20 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
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 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
23 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 Vining Manual
d The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
24 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification
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 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
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 houis of 8 00am 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 [phone]
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 3rd day of January 2012
DIVISION OF WATER QUALITY
tvv�Charles Wakild P E
Director
WQC No 3874

NCDWQ Project No
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
County
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
Date
Agent 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
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 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