20160679 Ver 1_Approval Letter_20161003

E'nvironmen tal
Quality
Mr. Fhilip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Deve!opment and Environmental Analysis
North Carolina Department of Trans�ortation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
PAT MCCRORY
n��ve��,or
DONA1,1) R. VnN UER VAART
Se�retary
JAY IIMMERMAN
L�v� ���r����
October 3, 2010
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act ���ith
�DITIOi�IAL CONDITIONS `or Proposed improvements to Highway 273 in Gast�n County, Federal A�d Project
No. STP-273-(11, TTp U-3f33.
NCDWR Pr�;ect No. 20160679
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQC004075 issued to The North Carolina Department of
Transportation (NCDOT) dated October 3, 2016.
If we can be of further assi;tancz, do not hesitate to contact us.
Sincerely,
--__ � a
r
a �
S. J� Ziminern�an, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Steven Kichefski, US Ai•my Corps of Engineers, Asheville Field Office
Trish Beam, Division 12 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Carla Dagnino, NC Denartmen� of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick. US Fish and Wildlife Service
Marla Chambers, NC ti'Vildlife Resaurces C�n:r.lission
Beth Harmon, Division of Mitigation Services
File Copy
-� f'1+lothirrg Compares`r. �
State af i�crth Ca�oiina � Em•ircmnental Quali,.v
':51'. b:c.ii Se�..>e Ce::ter' P.air,�Qit r:orth Carclina Z?699-16 i 1
919-707-9000

401 Water �uality Certiiicatiun Pursuant to Section 401 of the Fecieral Ciean Water with ADDITIONAL
CO1�IDiTIONS
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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 1346 linear feet of jurisdictional streams
in Gaston Ce�,:llty. The r�?'oje�t shall b� constructed ptu•suant to the applicatian dated received �alj� S, 2016 as well
�s subseyuer.i inionnaii�n submitted or, Aug�a�t i9, 2016 fi•om the additional iniorr.iatioii rPqu�st. T'_ne authorized
impacts are as described �elow:
Stream im acts in tne Catawba River Basin
Site Bank Permanen Temporary Permanent Temporary Total Stream Impacts
Stak,ilizetion t r ilI in �'ill in Fill in Fill in Sirea�i� Requiring
Infermiiie Jnieronittent Perenniai �erennial Impacic 1Vfitigation (linear
nt Stream St; eam Stream Stream (linear (linear ft) ft)
(linear ft) (linear ft) (linear ft) ft)
1 5 15 9 9 38
2 '! 8� 188
3 6 68 16 90 74
4 21 7 17 45 28
I24 �484 23 531 508
5
�—_, _
� I 223 I b".Fi i 2t3$ I 223
6 �
� 148 18 '!66 148
7 —� --- — —
56 203 � 9 930 � 148 1346 833
Totr�l I
Total Strea:n lmpact for Yroject: 1346 dinear feet
lmpacts Requiring DWR Mitigation: 833 linear feet
ImQacts Requiring USACE Mitigation: 1,133 linear feet
'I'he application provides adequate assurance that the discnarge of fill material into the waters of the �atawba iZiver
�asin in conjunction with the proposed development wi11 nat result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies ±hat this activiry wi1_1 not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if cond�acted in accordance
���ith the application and conditions hereinafter set forth.
1 nis �pprov �I is only vaiid ior the ���pcse an:: aesign that ycu s�;binitted in yaur ap�lication dated rece� ved � uly fi,
2016 as well as subsequent information submitted on August 19, 2016 from the additional information request.
Should your project change, you are required to notify the NCDWR and submit a new application. If the property is
sa?d; ti,e netiv etivner r��st be g�ven a copy o�this ��rtific�ztion and appro��a, lettet, aru is t'_nere�y respot�si�le for
cacnplying w;th aI? tre corditiar�s. Tf any additional wetland im��acts; or strean3 imp��ts; for �his project (n�w ar• ;n
th� fiZt«re) e�ceec one acre or I50 linear feet, resp�ctively, addit�or.al corrpensatory mitigation may be required as
d.scribed in 13� NCAC 21-i_ .GSt)6 (h} (6 j�id (7 j. Fcr th?s a�pro��al to r�riain vali�, you arE r��u;red t�� comply

witn all the conditions iisted below. In addition, you should obtain ail other federal, state or local permiis Uefore
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-
discharge anri 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:
Cha:li-�el relocations shail be c�mpleted and stabilize�, anc� appiove� on site by rICDWR staff, prior to
dive�-iing water into the new cnannPl. �atural stream bed material_ will be s�lvaged from e:ccavation ef the
existing siream, siockpiled separateiy, and subsequenily reused as native siream material for tne bed of the
newly relocated stream. Stream banks shall be matted with coir-fiber matting. Vegetation used for banlc
stabilizat;on shall be limite� to native riparian vegetation, and shou:d inclkde establishment of a vegetated
buffer on both sides of the relocated channel to the maxiirium extent practical. Also, rip-rap may be
allowed if ii is necessary to maintain the physical integrity of die siream, but the applicant must proviue
writt,;n justificatian and any calculations used to determine the extent of rip-rap coverage requested. Once
the stream has been turned into the new channel, it may be necessary to relocate st�anded fsh to the new
channel to prevent Fsh kills. �15A NCAC 02H .0506(b)(3)
2. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited
impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures
will be taken to avoid sediment release and/or sediment zccumulation �'ownstrear.l as a result of pond
draining. If typical pond draining techniques will create significant disturbance to native aquatic species,
additional measures such as collection and relocation may be necessary to prevent a significant fish kill.
NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and
the most appropriate measures to limit impacts to these species. The permittee shall observe any natural
channel re-establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional
stream channel above and below the drained pond remain stable, and that no additional impacts occur
witiiin the natural stream channel as a result of draining the pond. [15A NCAC 2H.0506('0)(3)
3. lJnl�ss othPrvvise �rproi�ed in thi� C??'�lf!G2ilOri, pla�emer_t of �Ulverts anc� other stract�.�res �n open waters
and streams, shall be placed below the elevation at the streambed by ene foot far all culverts w:th a
diameter greater than 48 inches, ar.d 20 percer.t of the cuivert dia::3eter for culverts having a diameiei- less
than 48 inches, to a11ow low f�ow passage of water and aquatic lifz. Design aud placement of :;ulverts and
other structures including temporary erosion control measur�s shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream oi
the above structures. The ap�licant is required to provide evidence that the equili��rii.un is being maintained-
if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other
limiting fe�tures encounterzd during construction, please contact the NCDWR for guidance on how to
praceed and t� det�r.nine whether or not a permit modification wil? be requi.red. [? SA_ NCAC
02H.�505(b)(2)]
4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible inclading pipes or barrzls at �lood plain elevation and/or sills where appropriate.
Widening the stream chanr.el should be avoided. Stream channel widen?ng at the inlet ar outlet �nd af
stru�b�res typically decreases water velocity causing sediment deposition that requires increased
maintenanee and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(21]
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic l:fe passage. Bioengineeri_ng boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
5. For the linear feet of streams beir.g impacted due to site desvaterir.g activiti�s, the site shall be graded to its
pr�:enstruct;au ,•entours and rev�g�taied �vitn a;�p:aprizte i:ativ� spec•ies. (i JA r;CAC G2�I.c�50��bjt�)]
7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximut:� �,xten� prac�.icabl�. ifFU:+�s nlust be made ta min�r;�ize :r:��acts t� thr stream barks, as •�vel: as to
veg�tation respo,lsihle fi�r maintai.�ing dle siream bani: stai�ility. Any �p�lica'�le ripzri��n buffer i�npaci fc�r
aeeess to siream chan�►ei snalt be tecnporary anci hL revegetated with native rip�rian speeies. ;15A TiCAC
O�iT.O5rJ6('�)(2)�

8. In accordance with commitments made in your application, ali clearing of vegetation for purpose of
relocating overhead power lines within jurisdictional wetlands shall be performed without the use of
mechanized equipment. [15A NCAC 02H.0506(b)(3)
�. The I�?CDQT �ivisio�i Envirenmental Office: or Environr_Renta? Assistant vvill conduct a pre-construction
meet:ng wiih all ap�rupriate star`Ft� ensure that the project supec•vis�r arid esser_tiai staff under�iand the
�otential issues with stream and pipe alignment at t�e per.mitted s;te. ATCD"V✓R staff s�all be invited to the
pre-constn�ction meetir_g. [15A NCAC 02H.0506rbj(2) and (b)(3�
Gen�ra! �onditians
1. Unless otherwise approved in this certification, placemens of culverts and other structures in open waters and
strear,is shall be placed Uelaw th� elevat:on of the streambed by �ne 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 nlacemeni of culverts and other
structures including ternporary 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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWR for guidance on how to proceed and to determine
whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. lf concrete is used during construction, a dry work area shall be maintained to nrevent direct contact
betw.een ciu-��g enn�re+.e ar_d strPar_m water. Wa±er that inadverten*.ly r.or.tacts uncur�cl ��r.cr�te �haj1 net h�
discharged to surface waters due to the potential tor eievated pH anci possible aquatic life and fish kills.
[� s� �Tc. �c oas.eao�;
3. During the �onstruction of the pro;ect, no staging of equipment o: any kind is permitted in waters of the
U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2 j]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Distu�bed fioodplains and strearns shall be rzstored to natural geomorphic conditioris. [15A NCAC
02H.0505(�)(2)]
5. The use of rip-rap above the Normal Hieh 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 aquatio life passage.
[15A NCAC 02H.0506(b)(2)]
F. The PermittPe shall ensure that the final decign drawings adher� to the permit and to the p�rmit drawings
submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All work in or adjacent to stream waters shall be conduc#ed in a dry work area. Approved BMP measures
frori the most c•arrent version ofNCDOT Consn-uction ard Maintenance Activities manual suc� as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent eYcavation in flowing water.
[15A NCAC 02H.05�6(b)(3) and (cj(3)]
8. Heavy equi�menz shaii be operated fi•ou� ti�e nanks ;atner than in ihe stream channei in uruer �o mirimize
sedimentation and reduce the introduction of other pollutants into the strearrz. [15A NCAC 02H.0506(b)(3)]
U. ti�l n:echanizeo ey;�ipme��� o�iez�at�d ne�r surface ;��aters rt:�isi be regularly :nspected �id r.iaintaine3 ta
pre�✓ent contzmir.ation of str:.atn �vzters iront fuels, iubri�af�ts, hyd: aalic tluids, er other ta.cic tnateriais. � 15A
NCA� Q2H.0�06(b;(3)]

10. No rock, saud or other materials shail be dredged from ine sn•eam channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in ar adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permit±ee and its authorized agents s1:�.11 ;;onl�act i±s activities in a maruier consistent w?th State water
quality stanclards (inciuding any requiremenis resultii�g irom compiiance witPi ;3Q3(d) af the Clear_ VVater Act)
and any other app:opriate rPquirements oFState ar.d Federal law. Ifthe NCDWR determines that such standards
or laws are not being met (inciud��g the fail:�re to sustain a designated or achieved ��se) or that State or federal
law is being violated, or that further conditions are necessary ta assure compliance, the NCD WR may reevaluate
and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located iri jurisdictional wetlands snall be placed at slopes no tlatter than 3:1, unless othet�wise
authorized by this certification. [ 15A NCAC 02H.0506�n)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certificatiou and all subsequent. modifications, if any, shall be maintained with the Division
Engineer and the on-siie nraject manager. [15A NCA� 02H A507(c) and 15A NCAC 02H .OSOG (b)(2) and
(c)(2)1
15. `The oatside buffer, ��vetland ar water boundary located withir. the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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 .0502]
16. 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)
haviiig jurisdiciion, including but not limiied to applicanle buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc.
17. The t ermittee shali :eport any violations of this certification to the Division of Water Resources within 24
hours of diseover�. �15A A?CP.0 02B.OS��r�)(2);
18. Ugon completion of the project (in�luding any impacts at asseciated bonow or waste sites), the NCDOT
Division Engineer shall complete and return the enciosed "Certification of Completion Form" to notify tne
NCn`JdR when all work included ;n the 401 Certif caticn has been completsd. � 15A PdCAC 02I3.CSQ2( fl]
19. Native ripariaL vegetaiion [ex. Sa,ix nigra, 3ui�cus (spp), Care�: (spP�9 et al.] must be reest�blished in the
ripariar. a:eas within the constnzction limits of the project by the end of the grawing season followinb
ccmpletion of construction. [15A NCAC 02B.0506(b)(2)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modifcation. Should waste or borrow sites, or access roads to waste or borro�v
si±es, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact
from road construction activities. [15A NCAC 02H_0506(b)(3) and (c)(3)
21. Erosion and sediment control practices must be in iuil compiiance wiih ali speciiications governing the pi•oper
design, installation and operatian and maintenance of such Best Munagement Practices in order to protect
surface waters standards [15A NCAC 02H.G506(b)(3} and (c)(3):
a. 1he erosion anci sediment cnntrol measures for ihe project must be designed, installed, operated, anci
maintaine� i.n accordance �Nith the most recent version of the North Carolina Sediment �nd Erosion
Cos�trel Piar.rling �r.d �Jes?g�. %vlmr�al.
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
Ca� olina `:zdiment ana� E:•�sicrz Control �"rlaruul. The dev:c�s shail �P ::�a�n;�ineC cn all �o7strueti.^,r
sitEs, borr�w �ites, a:�d wa�te pile �spcil) proj��ts, includLng contrzctor-own�d or lease� borrow �iis
associa�ed with ttie projeci.

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.
22. �edir.ient 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 (cx3)
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 you wish to contest any statement in the attached Cerkific�tion yai� 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 (601 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. T'he Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Heazings.
The petition may be faxed-provided the original and one copy of the document is received by the O�ce of
Administrative Heazings within five (5) business days following the faxed transmission.
The mailing adciress for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department cf Environmental Quality
1601 Mail Service Center
This the 3rd day of October 2016
DIVISION OF WATER RESOURCES
��
S. Jay Zimmerman, Direct r
WQC No. 004075

.;;_,: •i..,
Environmen tal
Quality
NCDV1�'R Project No.:
Applicant:
Project Name: ____________
Date of Issuanre o� 4Q1 Wa±�r Quality Certification:
Couuty:
ft��u[��13l1�•1
�_,_��. „�
DONAL[) R. VAN UER VAART
_� ::. �;;� �
JAY 1IMMERMAN
n��,;�� i �„�;::,>�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicahle Buffer Rules, and
any subsequent modificatio�►s, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned tu NCDWR by the applicant, the applicant's authorized agent, or the project en�ineer. It is uot
necessary to send certificates from all of these.
App[icant'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 supportin� �nateriais.
�i;natiire: — — — �)ate: -- —
Ag�nt's Cettifitatior.
;, , h�reby state that, ta the best of my abilities, due care ar,d dil�gence
was used in the observation of the construction such that the construction was observed to be huilt within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certifieation
Partial Final
l, , as a duly registered Frofessional Engineer �n the State o; North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, ro the best nf my ahilities, due care and dilig�nce wTs usPd in the observat�on of thP
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification ana Buifer Rules, the approved plans and specifications, and oiher su�por[in� matPrials.
Sibnat�:re
Registratiun No.
=�`Nothi��g Com}�ares ..-. �
�tate oi'eortti Carofiri2 j Environment3! �.�uality
I6� I ��ail S.�ice Cen:e- I. 2aleigF, ^Jorth Cam!ir,� 2'7699-161 !
919-707-9000
Date