20071134 Ver 1_Approval Letter_20071011

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 11, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS Proposed Improvements of US 19/US 19E from future I-26
(existing US 19-23) to SR 1186 in Madison and Yancey Counties, State Project Nos. 6.869005T
and 6.909001T, TIP Project Nos. R-2518A, R-2518B and R-2519A.
DWQ Project No. 20071134, Individual Certification No. 3706
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3706 issued to The North Carolina Department of
Transportation dated October 11, 2007.
If we can be of further assistance, do not hesitate to contact us.
Coleen H. Sullins,
Director
Attachments
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Chris Militscher, Environmental Protection Agency
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Mike Parker, DWQ Fayetteville Regional Office
File Copy
Nine Carolina
Transportation Permitting Unit ~tllCQlllf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto:/lh2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality

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 Quality (DWQ)
Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.42 acres of
jurisdictional wetlands and 7,0591inear feet of jurisdictional streams in Madison and Yancey Counties.
The project shall be constructed pursuant to the application dated received June 26, 2007. The authorized
impacts are as described below:
Table 1-Stream Impacts for R-2518A in the French Broad River Basin
Site Permanent Fill in
Intermittent Stream
(linear ft) Temporary Fill
in Intermittent
Stream (linear ft) Permanent
Fill in
Perennial
Stream
'near ft Temporary
Fill in
Perennial
Stream
linear ft Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
'near ft
R-2518A
1 0 0 13 10 23 0
l A 0 0 144 0 144 0
2 0 0 213 20 233 213
3 0 0 148 20 168 148
3A 0 0 0 36 36 0
4 0 0 85 10 95 85
5 0 0 171 10 181 171
6 0 0 148 20 168 148
7 0 0 1,168 20 1,188 1,168
7A 0 0 151 10 161 151
8 0 0 154 10 164 154
9 0 0 89 10 99 0
10 0 0 39 20 59 0
11 0 0 1,071 10 1,081 1,071
13 0 0 79 20 99 0
13A 194 0 0 0 0 0
14 0 0 171 10 181 171
15 0 0 476 20 496 476
16 0 0 95 10 105 0
17 0 0 305 20 325 305
18 0 0 637 20 657 637
19 0 0 128 20 148 0
20 0 0 111 20 131 0
21 0 0 325 62 387 325
22 0 0 148 20 168 0
23 0 0 98 20 118 0
24 0 0 230 20 250 230
Total 194 0 6,397 468 7,059 5,453
Total Stream Impact for R-2518A: 7,0591inear feet
Transportation Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http:/Ih2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Table 2 -Estimated Stream Im acts for R-2518B in the French Broad River Basin*
Site Permanent Fill
(linear ft) Temporary Fill
(linear ft) Total Stream
Impact
'near ft
R-2518B
1 43 10 53
2 102 20 122
3 49 10 59
4 56 49 105
5 76 20 96
6 79 30 109
7 496 20 516
8 118 13 131
9 204 16 220
10 69 10 79
11 36 0 36
12 76 10 86
13 95 16 111
14 135 36 171
14A 10 0 10
15 82 10 92
16 112 10 122
17 66 10 76
18 66 10 76
20 16 233 249
20A 36 10 46
21 33 0 33
22 154 10 164
23 36 56 92
24 16 10 26
25 135 20 155
26 39 10 49
27 302 56 358
28 82 82
2A 131 20 151
Total 2,868 807 3,675
Total Stream Impact for R-2518B: 3,675 linear feet*
*Estimates based on preliminary information at time of application. Impact numbers will be based on fmal
hydraulic designs submitted with required modification.
N~o e~Carolina
Transportation Permitting Unit ~ "`tura~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:!lh2o.enr.state.nc.us/ncwetlands
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Table 3 -Estimated Stream Im acts for R-2519A in the French Broad River Basin*
Site Permanent Fill
(linear ft) Temporary Fill
(linear ft) Total Stream
Impact
linear ft
R-2519A
1 68 16 84
2 85 18 103
3 54 8 62
4 46' 12 58
5 94 13 107
6 81 11 92
8 19 9 28
9 35 19 54
9A 25 0 25
10 714 47 761
11 32 10 42
12 132 20 152
13 82 15 97
14 129 153 282
15 82 64 146
16 41 10 51
18 69 40 109
21 66 35 101
22 251 19 270
23 132 9 141
24 535 0 535
25 186 34 220
26 583 11 594
27 143 11 154
28 175 58 233
29 294 14 308
30 200 7 207
31 50 24 74
32 217 10 227
33 325 26 351
34 208 20 228
35 73 20 93
36 24 12 36
37 59 10 69
Total 5,309 785 6,092
Total Stream Impact for R-2519A: 6,0921inear feet*
*Estimates based on preliminary information at time of application. Impact numbers will be based on final
hydraulic designs submitted with required modification.
NQ~thCarolina
Transportation Permitting Unit Q~LfCQ~~I,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
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`o~OF vv H r~~QG
Ul ~ Y _i
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality

Table 4 -Wetland Im acts for R-2518A in the French Broad River Basin
Site Fill
(ac) Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Area under
Bridge
ac Total
Wetland
Im act ac
R-2518A
7A 0.01 0 0 0 0 0 0.01
9 0.17 0 0 0.02 0 0 0.19
12 0.16 0 0 0 0 0 0.16
19 0.06 0 0 0 0 0 0.06
Total 0.40 0 0 0.02 0 0 0.42
Total Wetland Impact for R-2518A: 0.42 acres.
Table 5 - F,stimated Wetland Imnacts for R-2518B in the French Broad River Basin*
Site Fill
(ac) Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Total
Wetland
Im act ac
R-2518B
lA 0.07 0 0 0.04 0 0.11
2A 0.11 0 0.01 0 0 0.12
Total 0.18 0 0.01 0.04 0 0.23
Total Wetland Impact for R-2518B: 0.23 acres.*
Table 6 -Estimated Wetland Imnacts for R-2519A in the French Broad River Basin*"
Site Fill
(ac) Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Total
Wetland
Im act ac
R-2519A
17 0.02 0 0 0.02 0 0
19 0.15 0 0 0.08 0 0
20 0.01 0 0 0.01 0 0
Total 0.18 0 0 0.11 0 0.29
Total Wetland Impact for R-2519A: 0.29 acres.*
*Estimates based on preliminary information at the time of application. Impact numbers will be based on final
hydraulic designs submitted with required modification.
The application provides adequate assurance that the discharge of fill material into the waters of the
French Broad River Basin or wetlands 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 Pi, 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
Noe Carolina
Transportation Permitting Unit ° '"`turQ"~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet http://h2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
This approval is only valid for the purpose and design that you submitted in your application dated
received June 26, 2007. 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 on
the same day as the expiration date of the corresponding US Army Corps of Engineers Permit.
Condition(s) of Certification:
Project Specific Condition(s)
1. This certification authorizes impacts to streams and wetlands for Section R-2518A from Station
No. 8+00.000 -L- to Station No. 115+06.547 -L- only. When final design plans are completed
for R-2518B and R-2519A, a modification to the 401 Water Quality Certification shall be
submitted with five copies and fees to the NC Division of Water Quality. Final designs shall
reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams,
and other surface waters. No construction activities that impact any wetlands, streams, or
surface waters located in R=2518B and R-2519A shall begin until after the permittee applies for,
and receives a written modification of the 401 Water Quality Certification from the NC Division
of Water Quality.
2. Compensatory mitigation for impacts to 5,453 linear feet of streams at a replacement ratio of 1:1
is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by a
combination of onsite stream restoration, enhancement, and preservation. The mitigation sites
shall be constructed in accordance with the mitigation plans provided in the June 26, 2007
application. The mitigation shall be provided as detailed in the table below:
Table 7 -Mitigation Credits for R-2518A.
Miti ation Method Stream Len h Ratio Credits
Restoration 4,078* 1:1 4,078*
Enhancement 640 2:1 320
Preservation 15,335 4:1 3,834
Total 20,053 8 232
*Prior to providing restoration credit for Site D (262 if of restoration), NCDOT shall provide design plans
showing the site is within NCDOT right-of--way or under a conservation easement.
Additional mitigation credits may be available on R-2518B and R-2519A. Final mitigation
plans with design lengths shall be submitted with the modification application for R-2518A and
R-2519A.
3. The onsite stream mitigation shall be constructed in accordance with the design submitted in
your June 26, 2007 application. Please be reminded that as-bunts for the completed streams
Nco~thCarolina
Transportation Permitting Unit QtllCl7~~l,~
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the
as-builts for the rest of the project. If the parameters of this condition are not met, then the
permittee shall supply additional stream mitigation for the 5,453 linear feet of impacts: All
channel relocations shall be constructed in a dry work area, shall be completed and stabilized,
and must be approved on site by DWQ staff, prior to diverting water into the new channel.
Whenever possible, channel relocations shall be allowed to stabilize for an entire growing
season. All stream relocations shall have buffers in accordance with the Biological Assessment
prepared for this project. A transitional phase incorporating rolled erosion control product
(RECP) and appropriate temporary ground cover is allowable.
4. The permittee shall monitor the restoration and enhancement mitigation sites following the
Level 1 protocols outlined in the "Stream Mitigation Guidelines," dated Apri12003 with the
following exceptions:
1. Pebble counts shall not be conducted.
2. Two cross sections shall be conducted for streams less than 500 linear and five (5) cross
sections shall be conducted for streams greater than 500 linear feet.
3. Riparian success shall be by visual inspection of plant survival. Photos will be taken
and comments noted on plant survival.
The permittee shall monitor the preservation sites by visual inspection. Photos will be taken and
comments noted on plant survival. T'he monitoring shall be conducted annually for a minimum
of five (5) years after final planting. The monitoring results shall be submitted to DWQ in a
final report within sixty (60) days after completing monitoring. After 5 years the NCDOT shall
contact the DWQ to schedule a site visit to "close out" the mitigation site.
5. NC DOT shall adhere to all appropriate in-water work moratoriums (including the use of pile
driving) prescribed by the US Fish and Wildlife Service and the NC Wildlife Resources
Commission. No in-water work is permitted on Bald Creek between January l .and April 15 of
any year, without prior approval from the NC Division of Water Quality and the NC Wildlife
Resources Commission.
6. For projects impacting waters classified by the NC Environmental Management Commission as
High Quality Waters (HQW), or Water Supply I or II (WSI, WSIn stormwater shall be directed
to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the
purpose ofpre-treating storm water runoff prior to discharging directly into streams. Mowing of
existing vegetated buffers is strongly discouraged.
7. For all construction activities occurring in high quality water (HQW) watersheds, NC DOT shall
use Design Standards in Sensitive Watersheds [15A NCAC 4B .0124(a)-(e)]. However, due to
the size of the project, NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding
the maximum amount of uncovered acres.
8. The post-construction removal of any temporary bridge structures must return the project site to
its preconstruction contours and elevations. The impacted areas shall be re-vegetated with
appropriate native species.
N~o°e~Carolina
Transportation Permitting Unit ~ "`tura~~t/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 CrabUee Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet http:/lh2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
9. Bridge deck drains shall not discharge directly into streams. Stormwater should 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. Stormwater shall be managed in accordance
with your State Stormwater Permit issued by DWQ.
10. Placement of culverts and other structures in waters, streams, and wetlands 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 DWQ. If this condition is unable to
be met due to bedrock or other limiting features encountered during construction, please contact
the NC DWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
11. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage.
General Condition(s)
12. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
13. 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.
14. The dimension, pattern and profile of the stream above and below the crossing should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
15. 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.
1 ti. 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.
17. 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.
Noo~thCarolina
Transportation Permitting Unit QtllCalhf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:llh2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
18. Heavy equipment maybe operated within the stream channels however, its usage shall be
minimized.
19. 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.
20. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
22. 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 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.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification.
24. 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.
25. 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.
26. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
27. Native riparian vegetation (ex., river birch, green ash, water tupelo, blackgum, redbay,
sycamore, swamp chestnut oak, tag alder, common pawpaw, ironwood, sweet pepperbush, titi,
Virginai willow, doghobble) must be reestablished within the construction limits of the project
by the end of the growing season following completion of construction.
28. 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 be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
N~one~Carolina
Transportation Permitting Unit ~ "`tuCaf'~t/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet htto•I/h2o.enr.state.nc.us/ncwetlands
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OF W H rF~ William G. Ross Jr., Secretary
`O~ QG North Carolina Department of Environment and Natural Resources
~jj y, Coleen H. Sullins, Director
~ ~ Division of Water Quality
~ <

29. 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.
30. 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.
a. 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.
b. 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.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
31. Sediment and erosion .control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification. If placement of sediment and erosion control devices
in wetlands and waters is unavoidable, -they shall be removed and the natural grade restored upon
completion of the project.
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 or CAMA 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 11th day of October 2007
OF WATER QUALITY
Coleen H. Sullins
Director
WQC No. 3706
IVop~thCazolina
Transportation Permitting Unit RtllCllr'~1,~
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative.Action Employer- 50% Recyded110% Post Consumer Paper