20160982 Ver 2_Approval Letter_20170228

ROY COOPER
Gm�ernor
MICHAEL S. RGGAN
Secrerurr
Environmentul 5. JAY ZIMMERMAN
Qualiry nr,��-a�,�
�ebrunry 28, 2017
Cat�wba County
NCDWR Project Na 20160982v.2
NC 16 Wideningfrom SR 1801 to
SR 1895
TIP/State Project No. R-3100 A/f3
APPROVAL of 401 WATF.R QUALITY CCRTIFICAT[ON, with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, III, P.G., CPM
Nntural Environment Section Head
Project Development and 13nvironmental Analysis
North Carolin� Department o1'Transportation
1598 Mail Service Center
Raleigh, Norih C:nrolina, 27699-I i98
Dear Mr. Han'is:
You have om� approval, in accordanee with the conditions listed below, for the follo�aing iinpacts fm� the purpose of
widening NC 16 from SR I801 to SR 1895 in Catawba Couuty:
Wetland Impacls in thc Ca[awba River Basin (riverinc)
I�ill �*�a�ation Mechanized pa���l Total Im�c[s
Site P'ill (ac) (fem��orarY) (ac) Glearing (ac) Clearing <ac) Wetland Requiring
(�c) Im�xact (ac) Mitigation (ac)
R-3100 A- Sitc ( 0.06 0.06 0.06
R-3100 A- Site 7 0.10 0.10 0.10
R-31 W A- Sile 8 0.02 0.02 0.04 0.04
'I'utal 0.16 0.00 0.02 0.02 0.00 0.20 0.20
Total Wetland hnpac[ fm� ProjecL• 0.20 acres.
"-Nnihieiq ('nm��r+rc.�, . .
Slale o( North C2rolinz � Hm�ironim�nlal Qualil)'
1617 Mzll Srrvice Crnirr I Rnleigh. Nonh Camlinn 2769),1617
w; '-za �... -

Stream Im acts in the Catawba River Basin
Pennanent Temporary Permanent Temporary
Bank N711 in N�II in Hill in N}�� �� Total Stream Impacts
Stream Requiring
Site Stabilization Perennial Perennial Intermittent Intermittnet ��ct D'fitiga6on
(linear ft) Stream Stream Stream Stream
(linear ft) (linear ft)
linearft linearft linearft linearft
R-3100 A Si[e 1 77 163 51 291 240
R-3100 A Site 2 82 74 38 194 156
R-3100 A Site 3 ]04 76 24 204 180
R-3100 A Site 4 10 35 20 65 0
R-3100 A Site 5 6 43 20 69 0
R-3100 A Site 8 42 42 0
R-3100 A Site 9 25 220 51 296 245
R-3100 A Site 10 22 22 �
Totals for A section 304 533 186 120 40 1183 821
R-3100 B Site 1 48 99 55 202 0
R-3100 B Site 2 39 465 43 547 504
R-3100 B Site 2A 0 177 33 210 177
R-3100 B Site 3 W 22 0 27 49 0
R-3100 B Site 3C 33 55 I6 104 0
R-3100 B Site 3E 17 0 45 62 0
R-3100 B Site 4 20 172 43 235 192
R-3100 B Site 5 66 92 16 174 158
R-3100 B Site 6 40 0 14 54 0
R-3100 B Site 7 84 0 19 103 0
Totals for B section 369 1060 31 I 1740 1031
TOTAL 673 1593 497 120 40 2923 1852
�Ibtal S[ream Impact tor rro�ecc ty�� unear �ee[
Total Sh•eam Impacts Requiring Mitigation: 1852 linear feet
Highlighted areas drain to WS-IUHQW waters, design for sensitive watersheds shall be used in these areas
The projec[ shall bc constructed in accordance wi[h your application dated received February 24, 2017. After reviewing
your applica[ion, we have decided that these impacts are covered by Gener2l Water Quality Cei4ifieation Number 3886.
This certification corresponds to the General Permit 198200031 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 Eirosion Conhrol, Non-Discharge and Water Supply Watershed regulations. Tl�is approval will expire
with thc 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 Ihe NCDWR and submit a new application. Ifthe property is sold, the new owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complyin� with all the
conAitions. If total wedand fills for this project (now or in the firture) excecd one acre, or of total impacts to streams
(now or in the future) exeeed I 50 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H
0506 (h) (6) and (7). For this approval to reinain valid, you must adhere to the conditions listed in the attached
certification(s) and any additional conditions listed below.

Condition(s) of Certification:
Project Specific Conditions
Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to
diverting water into the new channel. Natural stream bed material will be salvaged from excavation of the
existing stream, stockpiled separately, and subsequently reused as native stream material for the bed of the
newty relocated stream. 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 ro 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 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 stranded fish to the new channel to
prevent fish kills. [15A NCAC 02H .0506(b)(3)
2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner [hat precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[ I SA NCAC 02H.0506(b)(2)]
3. For the linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [ I SA NCAC 02H.0506(b)(2)]
4. The stream channe] shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for awess to
stream channe] shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
5. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closety
as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of strucwres typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic
life passage. [ISA NCAC 02H.0506(b)(2)]
6. The permittee shall use Design Standards in Sensitive Watersheds/(15A NCAC 4B.0124[a]-[e]) in areas
draining to WS-II/ HQW waters. However, due to the size of the project, the NCDOT shall not be required to
meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
7. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCG01000. Please note the extra protections for the sensitive watersheds.
8. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by
perime[er erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should
be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control
matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small
animals. For the establishmen[ of temporary groundcover within riparian areas, hydroseeding along with
wood or cellulose based hydro mulch applied from a feRilizer- and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.
9. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to sarface waters. Stormwater shall be treated
using appropriate best management practices (e.g., vege[ated conveyances, constructed wetlands, deten[ion
ponds, etc.) prior to discharging to surface waters.

t0. Compensatory mitigation for 1852 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of
Mitigation Service (DMS) (formerly NCEEP), and Ihat the DMS has agreed to implement the mitigation for the
project. The DMS has indicated in a letter dated October I 1, 2016 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project,
in accordance with the DMS Mitigation Banking [nstmment signed July 28, 2010.
General Conditions
I. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams 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
strucmres 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 downstream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by NCDWR. Ifthis 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. 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 inadvertentty 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 02B.0200]
3. During the cons[ruction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. [ I SA NCAC 02H.0506(b)(2)]
4. The dimension, pattem 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. [ISA NCAC
02H.0506(b)(2)]
5. 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. [15A NCAC 02H.0506(b)(2)]
6. The Pennittee shall ensure that the final design drawings adhere to the permit and to the permit 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 conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Ac[ivities 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)]
8. 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. [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularty inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ 15A
NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
ceRification. [15A NCAC 02H.0506(b)(3)]
1 I. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [i5A NCAC 02H.0506(b)(3)]

12. 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 tha[ further conditions are necessary to assure compliance, the NCDWR
may reevaluate a�d modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [ I SA NCAC 02H.0506(b)(2)]
14. 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, ifany, shall be maintained with the Division
Engineer and the on-site project manager. [ISA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)1
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shal] 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.OS01 and .0502]
16. The issuance of this certification does not exemp[ 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.
17. 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)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return [he enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
19. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et a1J must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following
completion ofconstruction. [i5A NCAC 02B.0231(b)(6)]
20. 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.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with alI specifications governing the proper
design, installation and operation and maintenance of such Bes[ Management Practices in order to protect
surface waters standards [ISA 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 Sedrment and Erosion
Control Planning and Design Manual. �
b. The design, installation, operation, and maintenance of [he sediment and erosion con[rol measures must
be sach that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sedrment and Erosion Contro! Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased bortow 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 Surfnce 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. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certificatioa [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: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 Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (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: [phone]Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at [phone] or [e-mail].
Sincerely,
S. Jay immerman, irector
��.
Division of Water Resources
Electronic copy only dishibution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Oftice
Trish Beam, Division 12 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Beth Harmon, Division of Mitigation Services
Dc Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy

A�-�;;
�'-
Envrr'onmef� f cr (
Qualit y
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuancc of 401 Wztcr Qualit,y Ca•titication:
County:
ROY COOPCR
Gm�riwoi�
M I CH A GL S. R EGAN
.1'e�.,�, i<u,r
S. JAY ZIMMERMAN
u;� ,-� ��„
Certificate of Completion
Upon completion of all work approved within ihe d01 Water Quality Ce�4ification or applicable Bufler Rules, and
any subsequent modifications, Ihe applicant is required to return Ihis eer[ificate to the 401 Transpor[alion Permittin�
Unil, North Carolina Division of Wa�er Resources, 1617 Mail Service Cenler. Raleigh, NC, 27694-1 6 1 7. 'fhis form
may be rehu�ncd [o NCDW R by the applicani, the applic�ml's authorized agent, m� the �roject engineer. It is no�
necessaiy to send cerlific�ales from �II of these.
Applica��Ys' Cerli�n�tion
1, , hereby s�ate Ihat, to [he best of my abilities, due care and diligence
wes used in the obseiv�tion of the construction such Oiat tlie constniction was obse�ved fo be built withi�i substantial
compliance and intent of �he d01 Water Quality Certifieation and Buffcr Rules, the approved plans and
specifications, and other supporting materials.
Signature: Dafe:
ilgenl's Cerlr'frcnlian
I, , hcreby statc that, ro the best ofiny aliilities, duc c�rc and diligence
was used in the observalion of the construction such that the construction was observed to be built within substantial
compliance nnd intent of lhe 401 W�ter Quality Cer[ification �nd Hutter Rules, the npproved plans and
specifications, and other supporting materials.
Signature: Date:
F,ngineer's Cerlircnlion
Partial Final
I, , as a duly registered ProfcssionTl �ngincer in the St�te of Nath
Carolina, havin, been authorized to observe ('periodically, weekly, fidl Pime) �he construction of die projecr for the
Yermittee hereby state diat. to the besi of my abilities, due care Tnd dili�ence was used in tlic obseivation ofthe
construction such diai the construction was observed to be built wiihin substan[ial compli�nce �nd intent ofthe d01
Water Qualily Ccrtifica[ion ancl C3ufler Rules, [he appraved plans and specitica[ions, and od�er suppor[ing ma[erials.
Signalure _
Date
Reeistratiun No.
'�-Notf�ini�Ci'rtnp.�re� - .
Smtz a(Nortl� lzmllna � fneimninznml Qu�lin'
1617 Mall Servfce Cenler � Ralolgh. Nnnh Carolina ?7(+99-1GI7
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