20111044 Ver 1_Approval Letter_20120312

March 12 2012
Gregory J Thorpe Ph D Environmental Management Director
North Carolina Department of Transportation
Project Development and Environmental Analysis Branch
1598 Mad Service Center
Raleigh North Carolina 27699 1598
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with Additional Conditions for the Proposed Improvements for the 1-40 & 177 Interchange
in Statesville Including 140 from West of SR 2003 (Radio Road) to SR 2158 (Old Mocksville
Road) and 1 -77 from South of SR 2321 (East Broad Street) to South of SR 2171 (Jane Sower
Road), TIP No 13819A, Federal Aid Project No IMS 40 2 Iredell County NCDWQ Project
No 11 -1044
Dear Dr Thorpe
Attached hereto is a copy of Certification No 3909 issued to The North Carolina Department of Transportation
( NCDOT) dated March 12 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
Charles Wakild
Y Director
Attachments
cc Sarah Hair US Army Corps of Engineers Asheville Field Office
Chris Militscher Environmental Protection Agency (electronic copy only)
Maria Chambers NC Wildlife Resources Commission (electronic copy only)
Marella Buncick US Fish and Wildlife Service (electronic copy only)
William Gilmore Ecosystem Enhancement Program
Erin Cheely NCDOT PDEA
Larry Thompson NCDOT Division 10 Environmental Officer
Sonia Carrillo NCDWQ Transportation Permitting Unit
Polly Lespinasse NCDWQ Mooresville Regional Office
Brian Wrenn NCDWQ Transportation Permitting Unit
File Copy
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1.877623 6748
Internet http 1 /portal ncdenr orgAveblwq
An Equal Opportunity 1 Affirmative Acton Employer — 50%Recycled110Y Post Consumer paper
NorthCarohna
Natlfi'allb,

Dr Gregory J Thorpe
Page Two
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 permanently impact 2 326 linear feet of
jurisdictional streams and 1 36 acres of jurisdictional wetlands and temporarily impact 135 linear feet of
streams in Iredell County The project shall be constructed pursuant to the application received November 30
2011 and additional information received electronically January 31 and February 28 2012 The authorized
impacts are as described below
Stream Impacts in the Yadkin Pee Dee River Basin
Permit Site No /
Permanent Fill in
Temporary Fill
Permanent Fill in
Temporary
Total
Stream Impacts
Station No s
Intermittent
in intermittent
Perennial Stream
Fill in
Stream
Requiring
Stream
Stream
(linear ft)
Perennial
Impact
Mitigation
(linear ft)
(linear ft)
Stream
(linear ft)
(linear ft)
linear ft
Site 1/ L 22 +74 to
77 If for culvert
If
0
22 +95 Lt
]:77
12 If impacted due
Site 1A/ -1- 22 +93
to relocation of
12 if
0
to 23 +00 Lt
stream at Site 1
Site 2 1—L 50 +39
117 If (71 if for culvert 46
117 If
0
to 55 +89
If for bank stabilization)
Site 3/ Y8 15 +16
23 If for bank stabilization
45 If
68 If
0
to 15 +73 Rt
Site 4 / —L 86 +29
594 If for culvert
594 If
594 if
to 92 +26 Rt
482 If for bank
Site 51 L 91 +21 to
stabilization under the
482 If
0
94 +14 Rt
bridge
Site 7/
115 If (70 If for culvert 45
INT YRPC
If for bank stabilization)
115 If
0
19 +9g to 20 +60
Rt
Site 8/ Y 50 +43 to
494 If for culvert and rock
494 If
494 if
54 +80 Lt
lined channel
Site 91—
37 If for bank stabilization
37 If
0
INT_YRPD 17 +23
to 18 +69
Site10/
INT_YRPAB
15 If for bank stabilization
15 If
0
14 +85 Rt/17 +85
Rt
Site 11/ Y 167 +13
10 If for culvert
10 if
20 If
0
to 167 +28

Dr Gregory J Thorpe
Page Three
Site 12/ SR 1
175 If for culvert
80 If
Total Wetland
Wetiand Impacts
255 If
175 If
6 +69
impact (ac)
Requiring Mitigation (ac)
(ac)
0 01 ac excavation for
0 01 ac
Site 131 SR 1
Site 6/ L 99 +74 to
109 ac (1 0 ac fill
175 If for culvert
1 09 ac
175 if
175 if
15 +00
restored
Site 8/ Y 50 +43 to 54 +80
0 09 ac for fill
10 If
Total
781 If
80 if
1 545 If
55 If
2 461 if
1 438 If
Total Stream Impacts for Yadkin Pee Dee River Basin 2,461 linear feet
Wetland Impacts in the Yadkin Pee Dee River Basin (Riverine)
Permit Site No /
Permanent FilllE;xcavation/
Temporary Impacts
Total Wetland
Wetiand Impacts
Station No s
Clearing Impacts
(ac)
impact (ac)
Requiring Mitigation (ac)
(ac)
0 01 ac excavation for
0 01 ac
0
Site 6/ L 99 +74 to
109 ac (1 0 ac fill
utility trenching (to be
1 09 ac
1 09 ac
114 +26 Rt
0 09 ac clearing)
restored
Site 8/ Y 50 +43 to 54 +80
0 09 ac for fill
10 If
0 09 ac
0 09 ac
Lt
Site 9 /- INT_YRPD 17 +23
0 16 ac (0 13 ac fill
8 If
0 16 ac
0 16 ac
to 18 +69
0 03 ac clearing)
Site 12/ SR 1 6 +69
0 02 ac clearing
0 05 ac for hand clearing
0 02 ac
0 02 ac
Total
1 36 ac
1 36 ac
1 36 ac
Total Wetland Impacts for Yadkin Pee Dee River Basin (Riverine) 136 acres
Wetland /Stream Impacts in the Yadkin Pee Dee River Basin
Associated with Utility Relocations (Riverine)
Impacted
Type of Impact
Type of Impact
Total Stream/ Wetland
Impacts Requiring
Resource ID
Permanent (If) or (ac)
Temporary (if) or (ac)
Impact (If) or (ac)
Mitigation (if) or (ac)
0 01 ac excavation for
0 01 ac
0
Utility 1 - Wetland 6
utility trenching (to be
restored
10 If
10 If
0
Utili 2 - Stream S2
8 If
8 If
0
Utility 3 - Stream S6
0 05 ac for hand clearing
0 05 ac
0
Utility 4 - Wetland 12
0 08 ac for hand clearing
0 08 ac
0
Utility 5 - Wetland 14
014 ac wetlands /18 If
014 ac wetlands /18 If
0
Total
0
streams
streams

Dr Gregory J Thorpe
Page Four
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin
Pee Dee River Basins and associated wetlands 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 November
30 2011 and additional information received electronically January 31 and February 28 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 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
Conditions of Certification
1 All riprap shall be of the size indicated on the permit drawings and shall be installed on the banks only at
Permit Sites 2 3 5 7 9 10 and at the pipe removal site located near Permit Site 6 (Permit Drawing Sheet
31 of 68)
2 Riprap installed in the stream at Permit Site 8 shall be embedded such that low flow of water and aquatic
passage are not impeded
3 Floodplain benches shall be constructed at Permit Site 1 as per Detail BO in the original permit drawings
Additionally the existing streambed material must be stockpiled and placed in the new streambed as per
the revised drawings provided January 31 2012
4 All stream and wetland impacts associated with utility installations and /or relocations must be restored as
per Utility Permit Sheet 2A provided January 31 2012
5 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the
bridge and pre treated through site appropriate means (grassed swales pre formed scour holes
vegetated buffers etc ) before entering the stream Please refer to the most current version of Stormwater
Best Management Practices
6 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
7 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically jetting or other methods of pile driving are prohibited without prior
written approval from NCDWQ
8 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification

Dr Gregory J Thorpe
Page Five
9 The post construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations The impacted areas shall be revegetated with appropriate native
species
10 All bridge construction shall be performed from the existing bridge temporary work bridges temporary
causeways or floating or sunken barges If work conditions require barges they shall be floated into
position and then sunk The barges shall not be sunk and then dragged into position Under no
circumstances shall be barges be dragged along the bottom of the surface water
11 Compensatory mitigation for 1 438 linear feet of impact to streams and 1 36 acres of wetlands for this
project is required We understand that the North Carolina Ecosystem Enhancement Program (EEP) has
agreed to implement all the wetland mitigation for the project and 261 linear feet of the 1 438 linear feet of
stream mitigation required EEP has indicated in a letter dated January 31 2012 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
12 As indicated in the application compensatory mitigation for 1 177 linear feet of impact to streams for this
project will be provided through on site enhancement at a ratio of 2 1 Therefore 2 355 linear feet of
stream enhancement shall be provided The on site stream enhancement shall be constructed in
accordance with the design submitted on January 31 2012 as part of the revised permit drawings All
on site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee
simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase Please
be reminded that as builts for the completed streams shall be submitted to the North Carolina Division of
Water Quality 401 Wetlands Unit with the as builts for the rest of the project if the parameters of this
condition are not met then the Permittee shall supply additional stream mitigation for the 1 177 linear feet
of impacts All stream enhancement sites shall have a 50 foot wide native wooded buffer planted on
both sides of the stream unless otherwise authorized by this Certification A transitional phase
incorporating roiled erosion control product (RECD) and appropriate temporary ground cover is allowable
13 The stream enhancement site shall be monitored annually for five (5) years or until success criteria are
satisfied Monitoring protocols shall follow those established for Monitoring Level 11 as outlined in the
Stream Mitigation Guidelines April 2003 Success of the mitigation site shall be determined by NCDWQ
during an on site visit at or near the end of the monitoring period
14 All culverts shall be placed below the elevation of the streambed by one (1) 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
downstream 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
15 If multiple pipes or barrels are required they shall be designed to mimic the natural stream cross section
as closely as possible including pipes or barrels at floodplain elevation and /or sills where appropriate
Widening the stream channel shall be avoided Stream channel widening at the inlet or outlet end of the
structure(s) typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage

Dr Gregory J Thorpe
Page Six
16 The site shall be graded to its preconstruction contours and revegetated with appropriate native species
for streams being impacted due to site dewatering activities
17 The riprap used for streambank stabilization ditchline stabilization along streambanks and floodplain
bench construction shall be of sufficient size to prevent migration of the riprap into the active stream
channel
18 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
19 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
20 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
21 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
22 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
23 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
24 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
25 No rock sand or other materials shall be dredged from the stream channel except where authorized by
this certification
26 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
27 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law If NCDWQ 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
NCDWQ may reevaluate and modify this certification
28 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
29 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

Dr Gregory J Thorpe
Page Seven
30 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
31 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 (► a local state and
federal) having jurisdiction including but not limited to applicable buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc
32 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
33 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT
(or their authorized agent) shall complete and return the enclosed Certification of Completion Form to
notify NCDWQ when all work included in the 401 Certification has been completed
34 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
protect by the end of the growing season following completion of construction
35 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
36 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 l
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
37 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification
38 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 Permit This Certification shall expire upon the expiration of the
404 Permit

Dr Gregory J Thorpe
Page Eight
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 OOam 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 Mad 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 Mad Service Center
Raleigh NC 27699 1601
This the 12'" day of March 2012
DIVISION OF WATER QUALITY
T'�lc z ,
Charles Wakild
� v' Director
WQC No 3909