20050061 Ver 2_Approval Letter_20050707

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Alan W. Klimek, P.E. Director
Division of Water Quality
July 1, 2005 ~l~ ~(~ ~
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
~~~~~~~
Re: Modification to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for the
Proposed Widening to NC 67 from SR 1355 to US 601, TIP No. R-3415
Individual WQC No. 3502
Yadkin County
Attached hereto is a copy of modified Certification No. 3502 issued to The North Carolina Department of Transportation
dated June 3, 2005. The certification has been issued to modify condition #3. This Certification hereby replaces the
Certification No. 3502 issued March 28, 2005 and the Modification issued June 3, 2005.
If we can be of further assistance, do not hesitate to contact Sue Homewood at 336-771-4600 extension 287 or at
[e-mail].
Sincerely,
~~. ! rC~~
Alan W. Klimek, P.E.
Director
cc: John Thomas, Army Corps of Engineers Raleigh Regulatory Field Office JUG p ~ 2QQ7
Heath Slaughter, Division Environmental Officer, NCDOT Division 11
Marla Chambers, NC Wildlife Resources Commission pE~~ _ W!{~hR ~UA~-I~TF
Marella Buncick, US Fish and Wildlife Services y,~TtAr1DS AND sTCR!~wAT~~ siv~+°`'"
Central Files
401 Wetlands Transportation Unit
DWQ Winston-Salem Regional Office
None Carolina
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North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Dr. Gregory J. Thorpe, PhD., Manager
July 1, 2005
DWQ# OS-0061 Modification
Page 2
APPROVAL OF 401 Water Quality Certification and 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 (DWQ) Regulations in 15 NCAC 2H,
Section .0500, and 15 NCAC 2B .0259. This certification authorizes the NCDOT to place permanent to place temporary
fill material in 260 feet of streams in Yadkin County and permanent fill material, culverts, and piping in 1,2121inear feet
of streams in Yadkin County. The project shall be constructed pursuant to the application and supplemental information
dated January 7, 2004 (received January 11, 2005) and March 21, 2005 (received March 21, 2005), respectively, and the
modification application dated May 18, 2004 (received May 24, 2005) to improve the section of NC 67 from SR 1355
(Messick Road) to US 601 in Yadkin County. The approved design is that submitted in your application, supplemental
information, and modification dated January 7, 2004 and March 21, 2005, and May 18, 2005 respectively. The authorized
impacts are as described below:
Table 1. Surface Water Im acts for the Yadkin-Pee Dee River Basin
Temporary Stream Mitigation
Stream Impacts Stream Required
Section Stream Impacts (linear Type (linear
linear feet feet feet
Site 1 Lineberry Creek 65 32 Perennial 0
Site 1 UT to Lineberry 325 Perennial 325
Creek
Site 2 Williams Creek 80 28 Perennial 28
Site 3 Williams Creek 60 254 Perennial 254
Site 3 UT to Williams 74 Perennial 0
Creek
Site 4 UT to Williams 60 Perennial 0
Creek
Site 5 UT to Williams 55 38 Perennial 0
Creek
Site 6 UT to North 126 Perennial 0
Dee Creek
Site 7 UT to North 48 Perennial 0
Deep Creek
Site 8 UT to North 49 Perennial 0
Deep Creek
Site 9 UT to North 98 Perennial 0
Dee Creek
Site 10 UT to North g0 Perennial 0
Deep Creek
Total 260 1,212 607

Dr. Gregory J. Thorpe, PhD., Manager
July 1, 2005
DWQ# OS-0061 Modification
Page 3
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.
This approval is only valid for the purpose and design that you submitted in your application, as described in the Public
Notice. Should your project change, you are required to notify the DWQ 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 1501inear 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 three years from the date of the cover letter from DWQ or
on the same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
Project Specific Conditions of Certification:
1. We understand that you have chosen to perform compensatory mitigation for 6071inear feet of impacts to
streams through an in-lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP). NCEEP
has indicated in a letter dated March 16, 2005 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above-referenced project as detailed in the table
below.
T e of Im act Amount of Im act
Streams 607 if
2. Sills shall be installed in all multi-barrel box culverts to maintain low-flow velocities and depths for aquatic life
passage.
Approximately six (6) months after the installation of a culvert greater than 48 inches in diameter the upstream
and downstream areas adjacent to the structure shall be inspected for erosional areas, headcutting, perching, etc.
Eighteen (18) months after installation another visual inspection shall be conducted.The appropriate Regional
DWQ staff member shall be notified of any problems found during the inspections.NCDOT shall consult with
the Regional DWQ staff member to determine if any steps will be necessary to correct the problem and if a
permit modification will be needed prior to conducting any work.
General Conditions of Certification:
4. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions. All stream relocation and restoration activities shall comply with the
final natural channel design plans approved by the NC Division of Water Quality.

Dr. Gregory J. Thorpe, PhD., Manager
July 1, 2005
DWQ# OS-0061 Modification
Page 4
5. Construction will be conducted in such a manner as to prevent a significant increase in turbidity outside the area
of construction or construction-related discharge. 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 assure compliance with the appropriate turbidity water quality
standard.
a. The erosion and sediment control measures for the project must equal or exceed the proper design,
installation, operation and maintenance outlined in the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual. These 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.
b. For borrow pit sites, the erosion and sediment control measures must equal or exceed the proper design,
installation, operation and maintenance outlined in the most recent version of the North Carolina Surface
Mining Manual. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
6. All sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored after the Division of Land Resources has released the project.
If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the
State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall become conditions of this
Certification.
8. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
9. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
10. Excavation of the stream crossings should be conducted in the dry. Sandbags, cofferdams, flexible pipe, or
other diversion structures should be used to minimize excavation in flowing water.
11. All channel relocations will be constructed in a dry work area, and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized prior to diverting water into the new channel. Whenever
possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for
bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-
rap maybe 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.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.

Dr. Gregory J. Thorpe, PhD., Manager
July 1, 2005
DWQ# OS-0061 Modification
Page 5
13. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that
providing passage would be impractical. 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 shall be maintained if requested in writing by
DWQ.
14. 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.
15. All temporary fills in wetlands and surface waters shall be removed upon completion of the project. In addition,
the post-construction removal of any temporary bridge structures or fill will need to return the project site to its
preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species
will be required.
16. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
17. Heavy equipment should be operated from the bank rather than in the stream channel whenever possible in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 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.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-construction
meeting. Written verification shall be provided that the final construction drawings comply with the attached
permit drawings contained in the application dated January 7, 2004.
20. 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.
21. NCDOT, 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 law and Federal law. If DWQ 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, DWQ may reevaluate and modify
this certification to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify NCDOT and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to NCDOT in writing, shall be provided to the United States Army Corps of Engineers for reference in
any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.

Dr. Gregory J. Thorpe, PhD., Manager
July 1, 2005
DWQ# OS-0061 Modification
Page 6
22. A copy of this Water Quality Certification shall be posted 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.
23. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their
size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12
inches below the stream bottom to allow natural stream bottom material to become established in the culvert
following installation and to provide aquatic life passage during periods of low flow. These measurements must
be based on natural thalweg depths.
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
Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory
hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 1S` day of July 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
WQC No. 3502

Dr. Gregory J. Thorpe, PhD., Manager
July 1, 2005
DWQ# OS-0061 Modification
Page 7
DWQ Project No.: 3502 County: Yadkin
Applicant: NC Department of Transportation
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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form maybe returned to DWQ 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
Agent's Certification
Date:
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:
Engineer's Certification
Date:
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