20141323 Ver 1_Approval Letter_20150114

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NCDENR
Pat McCrory John E. Skvarla, M
Governor se(;relary
January 14, 2015
Vance/Warren Counties
NCDWR Project No, 20141323
1-85
TIP No. 1-0914B
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Richard W. Hancock, P.E., Manager
NCDOT Project Development & Environmental Anyalysis
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Hancock:
YOU have our approval, in accordance with the conditions listed below, for the following impacts for the Purpose of
rehabilitation of 1-85 from SR 1162 to the Virginia State Line in Vance & Warren Counties:
Wetland Irnipacts in the Roanoke River Basin
Site
Permanent Fill
(ac)
Temporary Fill
(ac)
Excavation
(ac)
Mechanized Clearing
(ac)
BA-13
<0.01
0
<0,01
<0.0 I
BA-22
<0.01
0
0
0.01
BA-30
0
<0.01
0
0
BA-32
0
0.06
0
0
BA-33
BA -34
<0.01
0
0
0
0
0
<0.01
<0.01
1313-1
0
0
0
0.01
Total Wetland Impact for Project: 0.0,3 Permanent; 0.07 Temporary
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet wwmncdenrgov
An LquN OppotpQy � AffinnOve Action Employer

Stream Imnacts in the Roanoke River Basin
Site
Intermittent
Or
Perennial?
Permanent Fill
(linear feet)
Riprap Stabilization
(linear feet)
Stream Relocation
(linear feet)
Temporary Impact
(linear feet)
Total Stream
Impact
linear ft)
BA -1
Per
0
7
0
17
24
BA -2
Int
10
0
0
5
15
BA -3
Per
12
12
0
10
34
BA -4
Int
8
0
0
5
13
BA -5
Int
13
0
0
5
18
BA -6
Int
12
0
0
5
17
BA -7
Int
0
0
39
0
39
BA -8
Per
45
0
0
21
66
BA -9
Int
0
0
77
0
77
BA -10
Per
0
13
0
5
18
BA -11
Int
0
15
0
5
20
BA -12
Per
0
10
0
10
20
BA -13
Per
0
10
0
10
20
BA -14
Per
0
20
0
10
30
BA -15
Per
0
40
0
14
54
BA -15A
Int
0
9
0
10
19
BA -16
Per
0
5
0
10
15
BA -17
Int
5
0
0
5
10
BA -18
Per
61
0
0
0
61
BA -19
Per
28
36
0
19
83
BA -20
Int
22
0
0
5
27
BA -21
Int
0
10
0
10
20
BA -23
Per
26
0
0
10
36
BA -24
Per
0
12
0
10
22
BA -26
Per
0
0
0
4
4
BA -27
Int
11
10
0
10
31
BA -28
Per
0
39
0
20
59
BA -29
Per
10
12
0
10
32
BA -31
Per
0
11
0
10
21
BA -33
Per
0
57
0
32
89
BA -35
Per
21
0
0
37
58
BA -36
Per
6
0
0
5
11
BA -37
Per
21
0
0
5
26
1313-1
Int
17
0
0
18
35
BB -2
Per
0
19
0
10
29
1313-3
Per
0
16
0
11
27
BB -4
Per
9
0
0
0
9
1313-5
Per
0
17
0
15
32
1313-6
Per
0
15
0
11
26
BB -7A
Per
0
11
0
11
22
1313-713
Per
15
0
0
11
26
BB -8
Per
18
0
0
6
24
Total
370
406
116
427
1319
Total Stream impact for Project: 1319 linear feet.

The project shall be constructed in accordance with your application received December 23, 2014. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3885, 3891, and 3893. These certifications correspond to the Nationwide Permits 13, 23, and 33 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.
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. 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 certifications and the additional conditions listed below.
Conditions of Certification:
1. Channel relocations shall be completed and stabilized, 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 if requesting more riprap than in the plans submitted with
the permit application. 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)]
2. Riprap shall not be 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)]
3. For any 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)]
4. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge new stormwater outfalls directly to surface waters. Stormwater shall be
treated using appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention
ponds, etc.) prior to discharging to surface waters. [ 15A NCAC 02B.0200]
5. 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 0213.0200]
6. 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)]
7. 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)]
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [I 5A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. 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)]
10. 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. [I 5A NCAC 02H.0506(b)(3)]
11. 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)]

12. 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)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [I 5A NCAC 02H.0506(b)(3)]
14. 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]
15. 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)]
16. 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 .05021
17. 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.
18. 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)]
19. 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)]
20. Native riparian vegetation (ie, 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 02H .0506(b)(3)]
21. 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.[ I 5A NCAC 02H.0506(b)(3) and (c)(3)
20. 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 [I 5A 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.

21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [ 15A NCAC 02H.0506(b)(3) and (c)(3)
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 8:00am and 5:00pm, 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 Dive (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. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Glean Water Act. If you
have any questions, please contact Rob Ridings at 919- 707 -8786.
Sincerely,
N, ON - " � - �' ..
Thomas A Reeder, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental. Officer
Rachelle Beauregard, NC; Department of Transportation
File Copy

A'4i*'V
NCDENR
North Carolinci Departrnent of Environn"1011t and Natural Resources
Pal McCrory
Governor
NCDWR Project No.:
Applicant:
Project Narne-
Date of Issuance of 401 Water Quality Certification:
County:
John ESkvado |N
Secretary
Certificate nyCompletion
Upon completion ofmO work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant iu required u` return this cco|ficme\u the 4O| Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-165V. Thio0xrn
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project eugiueec kienot
necessary to send certificates from all ofthese.
Applicant's Certification
L hereby state that, tw the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed tm6ebuilt within substantial
compliance and intent of the 40l Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials,
Signature: Dote:
Agent's Certification
l hereby state UmL 0u the best o[my abilities, due care and diligence
was used in the observation ofthe construction such that the construction was observed to be built within SLibstantial
compliance and intent of the 40| Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
L mmmduly registered Professional Engineer in the State wfNorth
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
coostruc1iwoymck/bu{ikouoostmohuov'onohocrvud\o6e6oiK|witNusobatmotiulconnp|imnccmndintcmofthm40|
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials,
Signature___ Registration No.
Date