20041246 Ver 1_Approval Letter_20041005

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 5, 2004
Dr. Gregory J. Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Widening of US 321 from SR 1370 to SR 1500 in Bailey Camp, TIP No. R-2237B
Individual WQC No. 3481
Caldwell County
Attached hereto is a copy of Certification No. 3481 issued to The North Carolina Department of
Transportation dated October 5, 2004. ~
If we can be of further assistance, do not hesitate to contact us.~~
1~.
Sincerely,
Alan W. Klimek, P.E.
Director
Attachments
cc: John Thomas, Army Corps of Engineers Raleigh Regulatory Field Office
Mike Parker, DWQ Asheville Regional Office
Central Files
File Copy
Transportation Permitting Unit
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
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

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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 fill material, to excavate, and to conduct mechanized clearing in 0.16 acres of wetlands
and to place fill material, culverts, and piping in 1,6801inear feet of streams in Caldwell County. The
project shall be constructed pursuant to the application dated July 21, 2004, to widen US 321 from SR
1370 to SR 1500. The approved design is that submitted in your application dated July 21, 2004. The
authorized impacts are as described below:
Tahle 1. Wetland Impacts in the Yadkin-Pee Dee River Basin
Site Station No. Non-
Riverine
(acres) Total
(acres)
Site 6A -L- 136+16 to 136+70 '~ 0.08 0.08
Site 6B -L- 137+96 to 139+46 0.08 0.08
Total \ 0.16 0.16
Tahle 2_ Surface Water Impacts for the Yadkin-Pee Dee and Catawba River Basins
Site Station No. Stream Impacts Stream Type Mitigation Required
(linear feet) (linear feet)
Im acts in the Yadkin-Pee Dee River Basin
1 Rocky Cove Creek 129 Perennial 0
-L-66+40 to 66+48
2 Greenfield Branch 266 Perennial 266
-L- 77+OS to 78+18;
-L- 78+80 to 80+15
3 Greenfield Branch 167 Perennial 167
-L- 82+15 to 82+70;
-L- 83+08 to 83+63
4 Greenfield Branch 218 Perennial 218
-L- 91+12 to 91+40;
-L-91+83 to 93+10
5 UT to Puncheon Camp 109 Perennial 0
Creek
-L- 121+92 to 122+64
Im acts in the Catawba River Basin
7 UT to Right Fork 191 Perennial 191
Mulberry Creek
-L- 293+83 to 294+90
8 UT to Left Fork 600 Perennial 0
Mulberry Creek
-L- 324+96 to 325+82

Total 1,680 842
The application provides adequate assurance that the discharge of fill material into the wetlands and
waters of the Yadkin-Pee Dee River Basin and the Catawba 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 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 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 SQecific Conditions
1. Baffles shall be installed in the reinforced concrete box culverts at Sites 2 and 3 in Greenfield
Branch.
2. An extended wing wall shall be installed at the Site 2 reinforced concrete box culvert inlet to
act as a retaining wall parallel to US 321.
3. An extended wing wall and a retaining wall shall be installed parallel to US 321 at the Site 3
reinforced concrete box culvert inlet.
4. A drop structure shall be installed at the outlet of the Site 5 reinforced concrete pipe to reduce
the outlet velocity.
5. Energy dissipater basins shall be installed at pipe outlets to wetlands at Sites 6A and 6B.
6. Instream work and land disturbance within the 25-foot wide trout buffer zone are prohibited on
all streams classified as trout waters within the project area during the trout spawning seasons
of October 15 through April 15 to protect the egg and fry stages of trout.
7. Compensatory mitigation for impacts to streams shall be done for 8421inear feet of stream
impact at a replacement ratio of 1:1. The NC Ecosystem Enhancement Program shall provide
compensatory mitigation for impacts to jurisdictional streams for 8421inear feet of streams.
Compensatory mitigation shall be provided for 651 linear feet of streams in the Yadkin-Pee

Dee River Basin, eight digit hydrologic unit 03040101 and for 191 linear feet of streams in the
Catawba River Basin, eight digit hydrologic unit 03050101.
General Conditions of Certification:
8. Construction will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction orconstruction-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. Thy reclamation measures and implementation
must comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
9. 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.
10. 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.
11. No live or fresh concrete shall come into contact with waters of the state until the concrete has
hardened.
12. 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.
13. Excavation of the stream crossings should be conducted in the dry, if possible. Sandbags,
cofferdams, flexible pipe, or other diversion structures should be used to minimize excavation
in flowing water.
14. 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.

15. 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.
16. 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.
17. 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.
18. Riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion oficonstruction.
19. Any riprap used must not interfere with thalweg performance and aquatic life passage during
low flow conditions.
20. 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.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
22. 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 May 11,
2004.
23. The outside buffer, wetland or water boundary located within the construction corridor
approved by this authorization shall be clearly marked by orange fabric fencing prior to any
land disturbing activities.
24. 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.
25. 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.
26. 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 Federa1~,404 and/or Coastal Area
Management Act Permit. This Certification shall expire upon tie 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 5th day of October 2004
DIVISION OF WATER QUALITY
~(i
Alan W. Klimek, P.E.
Director
WQC No. 3481