20140285 Ver 1_Approval Letter_20140324

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 23, 2014
Mr. Richard VV.Hancock, P.R.,k8xua&er
Project Development and Environmental Analysis
North Carolina Department nfTransportation
1598 K1aU Service Center
Raleigh, North Carolina, 27699-|598
John E, Skvarla, N
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Isolated
Wetland Permit with ADDITIONAL CONDITIONS for tile proposed NC24/27 Troy Bypass from west
of SR |l38 (Dairy Road) tojust east nf Little River in Montgomery County, TIP R-0623
NCDYyK Project No. 20|402N5v|
Deal- Mr. Hancock:
Attached hereto |omcopy of CeUifim|kmNo, 003992issued to The North Carolina Department of Transportation
(NCDOT) dated May 23, 2014.
|fwecan be w[ further assistance, Jo not hesitate tw contact us.
Sincerely,
Thomas . Reeder, Director
Division of Water Resources
Attachments
cc: Liz Hair, US Army Corps of Engineers, Wilmington Office (electronic copy only)
Robert W. Stone m, PE, Division 8Engineer
Art King, Division 8 Environmental Officer
Cynthia F. Van Der Wic|c, Environmental Protection Agency (electronic copy Only)
Gary Jordan, United Sates Fish and Wildlife Service (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Beth Bvmmvo, Ecosystem Enhancement Program
File Copy
Tmmpodationand Permi"ing Unit
One
mnwmoService Cmvw 7
NorthCarolina
Locatiorr 512 N. Salisbury St. Raleigh, North Carorna 27604
Phom 919M7-6300 \ FAX: [phone]

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Isolated
Wetlands Permit 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 and ISOLATED WETLANDS PERMIT This certification authorizes the NCDOT to impact 1.67
acres of jurisdictional wetlands, 0.03 acres of isolated wetlands, 1.37 acres of open water, and 5,614 linear feet of
jurisdictional streams in Montgomery County. The project shall be constructed pursuant to the application dated
received March 24, 2014. The authorized impacts are as described below:
Stream Impacts in the Yadkin - Peedee River Basin
Site
Permanent Fill
in Intermittent
Stream
(linear ft)
Temporary Fill
in Intermittent
Stream
(linear ft)
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
147
16
-
-
163
0
2
39
34
--
--
73
0
3
__
__
294
24
318
294
4
--
--
271
73
344
271
5
--
0.00
357
17
374
357
5B
500
--
--
--
500
0
7
--
43
-
43
0
7A
--
16
--
16
0
713
--
355
72
427
355
g
__
--
l0
10
0
11
--
--
337
83
420
337
11A
--
91
41
132
0
12
--
--
499
38
537
499
14
241
60
--
--
301
0
15
--
--
383
31
414
383
17
--
--
301
57
358
301
18
319
44
--
--
363
0
19B
--
--
--
17
17
0
19C
--
349
--
349
349
21
--
--
75
112
187
1 0
24A
250
18
--
--
268
0
TOTAL
1,496
172
3,371
575
5,614
3,146*
* Impacts to intermittent streams are not required as FONSI was signed prior to October 16, 2009.
Total Stream Impact for Project: 5,614 linear feet
Isolated Wetland Impacts in the Yadkin - Peedee River Basin
Total Isolated Wetland Impact for Project: 0.03 acres.
Open Water Impacts in the Yadkin - Peedee River Basin
Site
Permanent Fill in
Open Waters (ac)
Temporary Fill in Open
Waters (ac)
Total Fill in Open
Waters (ac)
5C
0.34
Total
impacts
Site
Fill (ac)
Fill (temporary) (ac)
Excavation
Mechanized
Hand Clearing
Wetland
Requiring
TOTAL
1.37
0.00
(ac}
Clearing (ac)
(ac)
impact (ac)
Mitigation (ac)
9
0.03
--
__
_-
--
0.03
0.03
TOTAL
1 0.03
0.00
0.00
0.00
0.00
0.03
0.03
Total Isolated Wetland Impact for Project: 0.03 acres.
Open Water Impacts in the Yadkin - Peedee River Basin
Site
Permanent Fill in
Open Waters (ac)
Temporary Fill in Open
Waters (ac)
Total Fill in Open
Waters (ac)
5C
0.34
--
0.34
22
0.55
-
0.55
23
0.48
-
0.48
TOTAL
1.37
0.00
1.37
Total Open Water Impact for Project: 1.37 acres.

Wetland Impacts in the Yadkin - Peedee River Basin
Site
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Temporary
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing
aC
Total
Wetland
Impact (ac)
Impacts
Requiring
Mitigation (ac)
1
0.13
-
-
-
--
0.02
0.15
0.13
2
-
<0.01
-
--
<0.01
0.01
0.01
3
-
-
0.01
--
0.01
0.02
0.01
4
0.02
--
--
-
--
0.02
0.02
5A
0.04
--
--
--
--
0.06
0.1
0.04
513
0.01
-
--
--
0.01
0.01
5C
0.02
-
0.02
-
0.04
0.04
6
0.08
-
-
0.08
0.08
713
0.16
--
--
-
--
0.16
0.16
8
<0.01
--
--
--
--
<0.01
<0.01
0
10
0.14
--
<0.01
--
--
0.13
0.27
0.14
13
0.05
-
-
-
--
0.04
0.09
0.05
16
0.14
-
--
0.01
0.15
0.14
17
0.10
0.01
0.03
0.14
0.11
18
0.11
<0.01
--
--
0.02
0.13
0.11
19
0.04
--
--
--
--
-
0.04
0.04
19A
0.01
--
--
-
0.02
0.03
0.01
20
0.05
-
-
0.05
0.05
24
<0.01
-
-
<0.01
<0.01
0
24A
0.04
-
-
--
0.02
0.06
0.04
Utilities
UI
__
__
__
<0.01
-
<0.01
0.01
0.00
U2
--
--
-
0.04
-
0.03
0.07
0.00
U3
--
-
<0.01
-
0.00
0.00
U4
--
--
--
-
-
0.02
0.02
0.00
T0TAL:
1.14 1 0.00
1 0.05
0.05
0.00
0.43
1.67
1.19
Total Wetland Impact for Project: 1.67 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin - Peedee
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 March
24, 2014. 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.
Conditions of Certification:
Project Specific Conditions
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. NCDWR staff shall be invited to the
pre - construction meeting.
2. Geotextile or other suitable fabric will be placed under the proposed causeways in order to facilitate the
removal of rock. The NCDOT and its contractors shall remove all rock placed for the causeway upon

completion of construction. All reasonable efforts shall be employed to retain the rock on the geotextile fabric.
Should rock get washed from the geotextile fabric, it shall be retrieved as soon as practicable with minimal
disturbance of the stream bottom.
3. In an effort to prevent contamination of surface waters from construction equipment and materials, the
NCDOT and its contractors shall make necessary efforts to remove all construction equipment and materials
from the causeway when extreme weather is predicted and/or the river is anticipated to flow over the
causeway.
4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
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. 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 the NCDWR first.
7. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior
approval from the NCDWR.
8. 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 should barges be dragged along the bottom of the surface water.
9. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited
impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures
will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond
draining. If typical pond draining techniques will create significant disturbance to native aquatic species,
additional measures such as collection and relocation may be necessary to prevent a significant fish kill.
NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and
the most appropriate measures to limit impacts to these species.
10. For projects impacting waters classified by the NC Environmental Management Commission as High
Quality Waters (HQW) 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. Mowing of existing vegetated buffers is strongly discouraged.
11. The permittee shall adhere to the Design Standards in Sensitive Watersheds (15A NCAC 413.0124[a] -[el) in
areas draining to 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. 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.
12. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
13. Mitigation
a. Compensatory mitigation for 3,146 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 March 7, 2014 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above- referenced project, in accordance with the EEP Mitigation Banking Instrument signed
July 28, 2010.

b. Compensatory mitigation for impacts to 1.22 acres (1.19 riparian and 0.03 isolated) of wetlands is
required. We understand that you have chosen to perform compensatory mitigation for impacts to
wetlands 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 March 7,
2014 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above- referenced project, in accordance with ESP's Mitigation
Banking Instrument signed July 28, 2010.
General Conditions
14. 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.
15. 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.
16. 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.
17. 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.
18. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
25. 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.

26. 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.
27. 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.
28. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
29, 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.
30. 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.
31. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
32. 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.
33. 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.
34. 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.
35. 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.

36. The issuance of this certification does not exempt the Permittee frorn conrplying 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.
37. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification,
38. A copy of this Water Quality Certification shall be maintained on the construction site at all tinges. 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.
39. The Perrnittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
40. 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
NCDWR when all work included in the 401 Certification has been completed.
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 LAMA 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 8:00ain and S:OOprn, 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 I learings is:
Office of Administrative Hearings
671.4 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) - 431 - 3000, Facsimile: (919) - 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail. Service Center
This the 23rd day of May 2014
DIVISION OF WATER RESOURCES
Thomas A. Reeder, Director..
Division of Water Resources
WQC No. 003992