20210557 Ver 2_Approval Letter

,_,---c 57ATE o�'
ROY COOPER . � _: Flo
Governor , _r.;* �,
ELIZABETH S.BISER ` — �,Y.�,b a=`
*`4` 1M „-
SecretaryRICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 31,2022
Mr.Brett Canipe,P.E.
NCDOT Division 10 Engineer
NC Department of Transportation
716 West Main Street
Albemarle,NC 28001
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to NC 218 and SR1606(Sikes Mill Road)in
Union County,Federal Aid Project No.HSIP-0218(016),TIP W-5710AI
NCDWR Project No.2021-0557v2
Dear Mr.Canipe:
Attached hereto is a copy of Certification No.4135(this is the Individual Certification No.)reissued to The North
Carolina Department of Transportation(NCDOT)dated May 30,2022. This Certification renews the Certification
issued by NCDWR for this project on June 24,2021.
This approval is for the purpose and design described in your application.The plans and specifications for this
project are incorporated by reference as part of this Water Quality Certification. If you change your project,you
must notify the Division and you may be required to submit a new application package with the appropriate fee. If
the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H.0507(d)(2)]. This Certification does not relieve the permittee of the responsibility
to obtain all other required Federal, State,or Local approvals before proceeding with the project,including those
required by,but not limited to,Sediment and Erosion Control,Non-Discharge,Water Supply Watershed,and Trout
Buffer regulations.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
PDocuSigned by:
NI CLUArtWU
9C9 86312DCD474...
Richard E.Rogers,Jr.,Director
Division of Water Resources
Attachments
cc: Eric Alsmeyer,USACE Raleigh Regulatory Field Office
Joel Howard,NCDOT Division 10 Environmental Officer
Holland Youngman,US Fish and Wildlife Service
Lauren Wilson,US Fish and Wildlife Service
.P.'"- - ,J,
North Carolina Department of Environmental Quality Division of Water Resources
. 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

Dave McHenry,NC Wildlife Resources Commission
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 Resources(NCDWR)Regulations
in 15 NCAC 2H.0500.This certification authorizes the NCDOT to impact_.02_acres of jurisdictional wetlands and
34 linear feet of jurisdictional streams in Union County. The project shall be constructed pursuant to the application
dated received April 30,2021,issued by NCDWR on June 24,2021 and renewed by NCDWR on May 31,2022.
The authorized impacts are as described below:
Stream Impacts in the Yadkin Pee-Dee River Basin
Site Permanent Fill in Temporary Fill Permanent Temporary Total Stream Stream
Intermittent Stream in Intermittent Fill in Fill in Impact Impacts
(linear ft) Stream(linear Perennial Perennial (linear ft) Requiring
ft) Stream Stream(linear Mitigation
(linear ft) ft) (linear ft)
2 34
34
Total
Total Stream Impact for Project: 34_linear feet
Wetland Impacts in the Yadkin Pee-Dee River Basin(list wetland type as riverine/non-riverine/coastal)
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
(ac) (ac) (ac) (ac) Impact(ac)
1WA 0.02
0.02 0.02
Total
Total Wetland Impact for Project: 0.02 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee-
Dee_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.
E C North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CMOUNA
Department of EnvIrtinme.1 Dually 919.707.9000

This approval is only valid for the purpose and design that you submitted in your application dated received April
30,2021,and renewal request dated May 12,2022. Should your project change,you are required to 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. 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.
This Water Quality Certification neither grants nor affirms any property right,license,or privilege in any lands
or waters,or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights,littoral rights,or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the
Division may inspect the property.
Condition(s)of Certification:
Project Specific Conditions
The extension of the pipe into wetland site 1 WA shall not be installed in such a way as to allow for the
draining of the rest of the wetland which has not been permitted for impact. If necessary,hydrology can be
maintained through the installation of a sill on the pipe. [ 15A NCAC 02H.0506(b)(2)]
General Conditions
1. 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 downstream of
the above structures.The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by NCDWR.If this condition is unable to be met due to bedrock or other limiting
features encountered during construction,please contact 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)]
2. 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]
3. 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)]
4. 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)]
5. 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. [ISA NCAC 02H.0506(b)(2)]
D_E C j lnp of iromt Quality 1 W Ru
512 NorthNorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center Division Raleigh,Northofater Carolinaeso 2769rces 9-1617
NORTH CHROUNA
oewt or Fmronmemai ue.uq 919.707.9000

6. 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)]
7. 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. [ISA NCAC 02H.0506(b)(3)and(c)(3)]
8. 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)]
9. 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)]
10. 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)]
11. All work in or adjacent to stream waters shall be conducted in a dry work area.Approved BMP measures
from the most cunent version ofNCDOT Construction and Maintenance Activities manual such as
sandbags,rock berms,cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. [ISA NCAC 02H.0506(b)(3)and(c)(3)]
12. 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)]
13. 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)]
14. 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)]
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
16. The pennittee 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. [ISA NCAC 02B.0200]
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: 1,unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
18. 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)]
19. 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. [15A
NCAC 02H.0501 and.0502]
20. 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.
21. 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)]
22. 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)]
23. Native riparian vegetation(ex. Salix nigra,Juncus(spp),Carex(spp),et al.)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. [ISA NCAC 02B.023 1(b)(6)]
24. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with
D_E C j North lnp of iromt Quality 1 W Ru
512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center Division Raleigh,Northofater Carolinaeso 2769rces 9-1617
NORTH CMOUNA
Down or ammnmemai ue.uq 919.707.9000

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)]
25. 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[ISA 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.
26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [ISA NCAC 02H.0506(b)(3)and(c)(3)]
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. Please be aware that impacting waters without first applying for and securing the issuance of a 401
Water Quality Certification violates 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. Violations of any condition herein set forth may
result in revocation of this Certification and may result in criminal and/or civil penalties. 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 approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
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.
A party filing a Petition must serve a copy of the Petition on:
William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
D_E C ?")
North lnp of iromt Quality 1 W Ru
512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center Division Raleigh,Northofater Carolinaeso 2769rces 9-1617
NORTH CAROL?A
Department of Emlmemema1 ue.uq 919.707.9000

If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 150B-23(a).
This the 31st day of May 2022
DIVISION OF WATER RESOURCES
PDocuSigned by:
141(1 CLUTIOAA.
9C9886312DCD474...
Richard E.Rogers,Jr.,Director
WQC No.4135
NCDWR Project No.: County:
Applicant:
Project Name:
-41 D North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
NORTH CAROUM1FA
Department of Enmmnmami Outdid 919.707.9000

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
-41 D North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
NORTH CAFIOUNA
Department or Ennmnmami maitY 919.707.9000