20041246 Ver 3_Approval Letter_20071026

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
v ,~ Coleen H. Sullins, Director
- - Division of Water Quality
October 26, 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: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for proposed improvements to US Highway 321, State Project No.
8.2731303, TIl'# R-2237B
DWQ Project No. 20041246 V.3
DWQ Individual Certification No. 3481
Caldwell County
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3481 originally issued to The North Carolina Department of
Transportation dated October 5, 2004 and modified on September 14, 2006.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, _
~~ Coleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Mike Pettyjohn, Division 11 Engineer
Heath Slaughter, Division 11 Environmental Officer
Chris Militscher, Environmental Protection Agency
Transportation Permitting Unit
Mike Parker, DWQ Asheville Regional Office
File Copy
NorthCarolina
~Vaturall~
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org ~ FAX [phone]
An Equal OpportunitylAffirmative Action Employer

Dr. Gregory J. Thorpe, PhD.
October 26, 2007
Page Two
iVlodification to the 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 75 linear feet of jurisdictional streams (Greenfield Branch) in
Caldwell County. The project shall be constructed pursuant to the modification dated October 3, 2007 and received
October 8, 2007. The authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Relocation Dewatering Stream Impacts
Intermittent Intermittent in Perennial in Perennial Impact Requiring
Stream (linear Stream (linear Stream Stream (linear ft) Mitigation
ft) ft} (linear ft) (linear ft) (linear ft)
New impacts with this 75 100 175 75
approval at Station
85+00
Total 75 100 175 75
Total Stream Impact for Project: 75 linear feet. Temporary Impacts for Project: 1001inear feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin 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 October 3,
2007 received October 8, 2007. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated October 5, 2004 and modified on September 14, 2006, still apply except where
superceded by this certification. 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 c,f 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 the authorized activities and
conditions of certification associated with the original Water Quality Certification dated October 4, 2004 and
subsequent modifications still apply except where superceded by this certification.

Dr. Gregory J. Thorpe, PhD.
October 26, 2007
Page Three
Compensatory Mitigation for impacts to 75 linear feet of stream at a replacement ratio of 1:1 is required.
Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocation of
75 linear feet of Greenfield Branch. The onsite stream relocation shall be constructed in accordance with the
October 4, 2007 application. Please be reminded that as-builts for the completed stream 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
75 linear feet of impact. All channel relocations will be construcfed-in a dry work area, will 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. A
transitional phase incorporating rolled erosion control product (RECP) and appropriate ground cover is
allowable.
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 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 24th day of October 2007
DIVISION OF WATER QUALITY
~~ Coleen H. Sullins
Director
WQC No. 3481