20140285 Ver 2_Approval Letter_20140814

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 14, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
John E. Skvarla, III
Secretary
Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Isolated Wetland Permit with ADDITIONAL CONDITIONS for the proposed NC 24/27 Troy Bypass
from west of SR 1138 (Dairy Road) to just east of Little River in Montgomery County, TIP R -0623
NCDWR Project No. 20140285 v2
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 003992 issued to The North Carolina Department of
Transportation (NCDOT) dated May 23, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thomas A. Reeder
Division of Water Resources
Attachments
cc: Liz Hair, US Army Corps of Engineers, Wilmington Office (electronic copy only)
Robert W. Stone 11, PE, Division 8 Engineer
Art King, Division 8 Environmental Officer
Cynthia F. Van Der Wiele, 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 Harmon, Ecosystem Enhancement Program
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N Salisbury St. Raleigh, North Carolina 27604
Phone. 919 - 807 -63001 FAX. 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
'Naturally

Modification to the 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 21-1.0500 and ISOLATED WETLANDS PERMIT Pursuant This certification authorizes the NCDOT
to impact an additional, 0.04acres of jurisdictional wetlands for a total of 1.74 acres, and two additional linear feet of
stream for an overall total of 5,616 linear feet of jurisdictional streams in Montgomery County. The changes are
primarily due to changes in utility impacts and a change in culvert type. The project shall be constructed pursuant to
the modification dated received July 31, 2014. The authorized impacts are as described below:
Stream Impacts in the Yadkin - Peedee River Basin
Site
Permanent F11
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 feet)
Stream Impacts
Requiring
Mitigation
(linear ft)
Previously Approved
ll
--
--
337
83
420
337
11 A
--
--
91
41
132
0
TOTAL:
0
0
428
124
552
337
A roved with this Modification
11
--
--
366
56
422
366
11 A
--
--
111
21
132
0
TOTAL:
0
0
477
77
554
366
Difference
TOTAL:
0
0
+49
-47
+2
+29
Modified Total Stream Impact for Project: 5,616 linear feet, of which 3,175 linear feet require mitigation.
Wetland Impacts in the Yadkin - Peedee River Basin
Site
Fill (ac)
Fill
(temporary)
(ac)
Temporary
Excavation
(acres)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact (ac)
Impacts
Requiring
Mitigation
(ac)
Pre ious ly App roved
3
1 0.01
--
0.01
0.02
0.01
U3
--
--
<0.01
I --
--
--
<0.01
0.00
TOTAL:
0.00
0.00
0.00
0.01
0.00
0.01
0.02
0.01
Approve with this Modification
3
--
--
--
0.02
--
0.02
0.03
0.02
U3
--
--
0.02
--
--
--
0.02
0
TOTAL:
0
0
0.02
0.02
--
0.02
•0.03
0.02
Difference
TOTAL:
0
0
+0.02
+0.01
0
+0.01
+0.04
+0.01
Modified Total Wetland Impact for Project: 1.74 acres (incl. isolated), of which 1.23 acres require mitigation.

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 modified application dated
received July 31, 2014. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated May 23, 2014 still apply except where superceded by this certification. 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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated May 23, 2014
still apply except where superceded by this certification.
2. Mitigation
a. Compensatory mitigation for a total of 3,175 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 July 28,
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. A total of 1.23 acres (1.20 riparian and 0.03 isolated/non- riparian) of compensatory mitigation
for impacts to 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 July 28, 2014 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above -
referenced project, in accordance with EEP's Mitigation Banking Instrument signed July 28,
2010.
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 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 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 14th day of August 2014
DIVISION OF WATER RESOURCES
Thomas A. Reeder
Division of Water Resources
WQC No. 003992