20210147 Ver 1_Approval Letter_20210318

DocuSign Envelope ID:AF7DEE0D-36DB-4D91-85D2-BCO1ADE31DAB
=ot STATE ,
ROY COOPER 1.4 ti`
Governor s, � fr
DIONNE DELLI—GATTI ,a n .'
Secretary �"==
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 18,2021
Randolph County
NCDWR Project No.20210147
US 64 BUS West from US 64 BYP to I-73/I-74
TIP No.U-5813
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr.Philip S.Harris,III,P.E.,CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina,27699-1598
Dear Mr.Harris:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of highway
improvements to US 64 Bus from Bypass 64 to I-73/I-74 in Randolph County:
Stream Impacts in the Yadkin River Basin
Site Permanent Relocation of Stabilization Temporary Permanent Relocation Stabilization Temporary Total
Fill in Intermittent /Riprap in Impact to Fill in of /Riprap in Impact to Stream
Intermittent Stream Intermittent Intermittent Perennial Perennial Perennial Perennial Impact
Stream (linear ft) Stream Stream Stream Stream Stream Stream (linear
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) ft)
1 0 0 0 0 0 0 52 10 62
2 0 103 0 31 0 0 0 0 134
3 0 0 0 0 53 0 50 15 118
4 0 0 0 0 0 190 0 11 201
5 0 0 5 20 0 0 0 0 25
6 0 0 0 0 19 0 0 23 42
7 16 132 0 30 0 0 0 0 178
8 55 0 0 17 0 0 0 0 72
Total 71 235 5 98 72 190 102 59 832
Total Stream Impact for Project: 832 linear feet.
The project shall be constructed in accordance with your application received March 2,2021. After reviewing your application,we
have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to
the General Permit 50 issued by the Corps of Engineers. In addition,you should acquire any other federal,state or local permits
before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the accompanying 404 permit.
N Colina Department of Environmental Quality 1 Division of Water Resources
NORTH CAROUNAD
512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Department of Environment&[Maury 919.707.9000

DocuSign Envelope ID:AF7DEE0D-36DB-4D91-85D2-BCO1ADE31DAB
This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project
change,you must notify the NCDWR 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. [15A NCAC 2H.0507(d)(2)].
The permittee shall report to DWR any noncompliance with,or any violation of, stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the
next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. If total
wetland fills for this project(now or in the future)exceed one acre,or of total impacts to streams(now or in the future) exceed 150
linear feet,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). For this approval to remain
valid,you must adhere to the conditions listed in the General Certification and any additional conditions listed below.
Conditions of Certification:
1. The permittee shall use Design Standards in Sensitive Watersheds(15A NCAC 4B.0124[a]-[e])in areas draining to WS-II,HQW
waters.However,due to the size of the project,the NCDOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the
maximum amount of uncovered acres. [15A NCAC 2B.0224&2B.0225]
2.NCDOT shall be in compliance with the NCS00250 issued to the NCDOT,including the applicable requirements of the
NCG01000. Please note the extra protections for the sensitive watersheds. [15A NCAC 2B.0224&2B.0225]
3.For projects impacting waters classified by the NC Environmental Management Commission as High Quality Waters(HQW),or
Water Supply II stormwater shall be directed to vegetated buffer areas,grass-lined ditches or other means appropriate to the site for
the purpose of pre-treating storm water runoff prior to discharging directly into streams,to the maximum extent possible. Mowing of
existing vegetated buffers is strongly discouraged. [15A NCAC 2B.0224&2B.0225]
4.In areas draining to WS-II,HQW waters,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. [15A NCAC 2B.0224&2B.0225]
5.Channel relocations shall be completed and stabilized,and approved by NCDWR staff,prior to diverting water into the new
channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native
riparian vegetation,and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum
extent practical. 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. Once the stream has
been turned into the new channel,it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC
02H.0506(b)(3)]
6.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 the NCDWR. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact the NCDWR
for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
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. 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. [15A NCAC 02H.0506(b)(2)]
8.Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage.
Bioengineering boulders or structures should be properly designed,sized and installed. [15A NCAC 02H.0506(b)(2)]
N Colina Department of Environmental Quality 1 Division of Water Resources
NORTH CAROUNAD
512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Department of Environmentel ou.ury 919.707.9000

DocuSign Envelope ID:AF7DEE0D-36DB-4D91-85D2-BCO1ADE31DAB
9.For all streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction contours and
revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
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. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native riparian species. [15A NCAC 02H.0506(b)(2)]
11.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. [15A NCAC 02B.0200]
12.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. [15A NCAC 02H.0506(b)(2)]
13. 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. [15A NCAC 02H.0506(b)(2)]
14. 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. [15A NCAC 02H.0506(b)(2)]
15.The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval.
[15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
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 berms, cofferdams and other diversion
structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3)and(c)(3)]
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. [15A NCAC 02H.0506(b)(3)]
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. [15A NCAC 02H.0506(b)(3)]
19.No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC
02H.0506(b)(3)]
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
21.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 the NCDWR 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, the NCDWR
may reevaluate and modify this certification. [15A NCAC 02B.0200]
22. 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.
[15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
23. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all
non-commercial borrow and waste sites associated with the project, 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. [15A NCAC
02H.0501 and.0502]
24. 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.
N Cna Department of Environmental Quality 1 Division of Water Resources
NORTH CAROUNAD
512 North orth Salisbury
aroli Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Department of Environmentel ou.ury 919.707.9000

DocuSign Envelope ID:AF7DEE0D-36DB-4D91-85D2-BCO1ADE31DAB
25. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A
NCAC 02B.0506(b)(2)]
26. 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 the NCDWR when all work included in the 401 Certification
has been completed. [15A NCAC 02H.0502(f)]
27.Native riparian vegetation(i.e.trees and shrubs native to your geographic region)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. [15A NCAC 02B.0506(b)(2)]
28. 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. [15A NCAC 02H.0506(b)(3)and
(c)(3)]
29.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 [15A NCAC 02H.0506(b)(3)
and(c)(3)]:
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.
30. Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of the top of bank, without
prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
31.When applicable,all construction activities shall be performed and maintained in full compliance with G.S.Chapter 113A Article 4
(Sediment and Pollution Control Act of 1973).Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality
standards,statutes,or rules occur. [15A NCAC 02H.0506{b)(3)and(c)(3)and 15A NCAC 02B.0200]
32. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the
requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear
transportation projects,the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites, including contractor-owned or leased
borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply
with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
For the parts of the project that occur in waters or watersheds classified as WS-11,High Quality Waters(HQW the sedimentation and
erosion control designs shall comply with the requirements set forth in 15A NCAC 04B.0124,Design Standards in Sensitive Watershed.
[15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135]
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000

DocuSign Envelope ID:AF7DEE0D-36DB-4D91-85D2-BCO1ADE31DAB
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by having
impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A
of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section
401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a
Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days.
Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed
at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000.
One(1)copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC
2H.0500. If you have any questions,please contact Rob Ridings at [e-mail].
Sincerely,
(---DocuSigned by:
9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
James Lastinger,US Army Corps of Engineers,Raleigh Field Office
Art King,Division 8 Environmental Officer(if WQC not addressed to them)
Chris Rivenbark,NC Department of Transportation
File Copy
j North Cna Department of ironment Quality 1 Resources
NORTH CAROUNAD
512 North Salisburyaroli Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617
Department of Environmentel ou.ury 919.707.9000

DocuSign Envelope ID:AF7DEE0D-36DB-4D91-85D2-BCO1ADE31DAB
NCDWR 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 Transportation Permitting Unit,North Carolina Division of
Water Resources, 1617 Mail Service Center,Raleigh,NC,27699-1617. This form may be returned to NCDWR 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: Date:
Engineer's Certification
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 Registration No.
Date
jNsio2rNt
h CnaDepartment of ironment Quality 1 ResourcesNORTH CAROUNADorth Salisburyaroli Street 1617Env Mail Serviceal Center Division Raleigh,NorthofWater Carolina 27699-1617
Department of Environmentel ou.ury 919.707.9000