20041024 Ver 9_Approval Letter_20080828

w A r?9Q?
J ?
co
o ?
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
August 28, 2008
Dr Greg Thorpe, Ph D , Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mall Service Center
Raleigh, North Carolina, 27699-1548
Subject Ninth Modification to the 401 Water Quality Certification Pursuant to Section 401 of the
Federal Clean Water Act with ADDITIONAL CONDITIONS for NC 16 from North of SR
1386 in Lincoln County to North of SR 1895 in Catawba County, Federal Aid Project
No STP-F-24-1(34), State Project No. 8.1830501, TIP R-2206C, DWQ Project No. 04-
1024
Dear Dr Thorpe
Attached hereto is a modification of Certification No 3476 issued to The North Carolina Department of
Transportation (NCDOT) and dated September 21, 2004 This modification is applicable only to the
additional proposed activities All authorized activities and conditions of the certification associated with the
original Water Quality Certification, dated September 21, 2004, and additional modifications dated
September 2, 2005, October 17, 2005, August 31, 2006, September 13, 2006, and December 18, 2006,
July 20, 2007, and August 10, 2007 still apply except where superceded by this certification
If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at [phone]
Sincerely,

for Coleen H Sullins
Director
Attachments
cc Steve Lund, US Army Corps of Engineers Asheville Field Office
Bill Barrett, NCDOT PDEA
Trish Simon, Division 12 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, ?US Fish and Wildlife Service
Sonia Gregory, DWQ Central Regional Office
File Copy
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
One
I hCarol]ina
Np
Internet www iicwaterguahty ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Modification 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 6 307 acres of
jurisdictional wetlands, 4 47 acres of surface waters, and 13,854 8 linear feet of jurisdictional streams
Lincoln and Catawba Counties The project shall be constructed pursuant to the modification received
August 18, 2008 The authorized impacts are as described below
Stream Impacts in the Catawba River Basin
i <j' °'adza" _ p t <kL q-' ?;
i
?
?
' .''}? a v
.?.$s'c'"w
`N
'
'}
-, -.{, z=rM. S SN? rj"=-a
`t
`?
4
3

< Site y
:spermanent'Fdl i -F .
t -.Temporary ill -s' S .- -
.F_
,Permanent Fdl m. "'
Y
`,Temporary
Eill in r .
.
('
'.bR L
lch
?.Total,Stream,F N
? ?
S-
$
i
w,Stream impacts=
m-lnterrmttent`* in Intermittent ' 0e4rimal,Strem; s
Per'enmai St?eam'F s
3lmpact ' i ; ° Requiring `
=
r?t-? _ Stream (lineain Stream (linearft)?, , „(linear'ft)=u x_ (II ar ft) r
' „, (linear ft) „? MIti n;
gabo n
{
A
y
>
linearft 4'3
Original approved impacts at
Site 1B 3776 3776 3776
Original approved impacts at
Site 2B 4298 4298 4298
Original approved impacts at
Site 3B 6785 6785 6785
Original approved impacts at
Site 4B 8343 8343 8343
Original approved impacts at
Site 6B 3553 3553 0
Original approved impacts at
Site 7B 2992 2992 2992
Original approved impacts at
Site 8B 3822 3822 3822
Original approved impacts at
Site9B 5318 5318 5318
Original approved impacts at
Site 11 B 5633 5633 0
Original approved impacts at
Site12B 6607 6607 6607
Original approved impacts at
Site 13B 1,3458 1,3458 1,3458
Original approved impacts at
Site 14B 2093 209 30 2093
Additional impacts at Site
14B approved 10117105 75 75 75
Original approved impacts at
Site 1C 3 Stations 1,6859 1,6859 1,6859
Original approved impacts at
Site 2C 2 Stations) 4649 4478 9127 4478
Original approved impacts at
Site 3C 145 145 0
Original approved impacts at
Site 4C 2303 2303 0
Original approved impacts at
Site 6C 571 8 571 8 0
Original approved impacts at
Site 7C 230 230 0
Original approved impacts at
Site 8C 51 5 51 5 0
Original approved impacts at
Site 9C 2 Stations 5384 5384 5384
Additional impacts at Site
9C approved 09/02/05 32 32 32
Original approved impacts at
Site 10C 3035 3035 3035
Original approved impacts at
Site 14C (2 Stations) 631 6 631 6 631 6
Original approved impacts at
Site 15C 917 917 917
Additional impacts at Site
15C approved 08/31/06 90 90 90
Additional impacts at Site
15C approved 08128108 82 82 0
Original approved impacts at
Site 16C 3346 3346 3346
Original approved impacts at
Site 17C (2 Stations) 1007 1007 0
Additional impacts at
Permit Site 17C approved 36
12/18/06
Additional impacts at
Station 199+30 (Killian
Creek Bridge) approved 70 70 70
08/31/06
Additional impacts at
Station 256+70 (Reed
Creek Bridge) approved 65 65 65
08/31/06
Additional impacts
between Station 14+80 and 84
15+40 approved 07/20107
Total 2,7128 10,940 202 13,6528 10,940
Total Stream Impact for Project 13,854 8 linear feet
Wetland Impacts in the Catawba River Basin

.? ?i+µpss l3h ynn{'fb^'i` .
e ;
.': '? sv tY?
+t`1'q`? SJIhF
a 43..'?'r ?15r
S
}is' ,t
,`
-1
d`y., H.t tom."..
Sit
- =Fill ?-Fdl lExcavation ors-, g?M
echarnieii -Hand Area°under Total V(letlarid Impacts

",(temporary )
(ac) gM, rY y
rCleartn?
Clearing
13ridge `
ac)
Aadj ?4 ac ,(ac)
Original approved impacts
at Site 1B Oil Oil
Original approved impacts
at Site 9B 019 019
Original approved impacts
at Site 106 2 Stations 3 12 312
Original approved impacts
at Site 14B 010 010
Original approved impacts
at Site 3C 001 0 01
Original approved impacts
at Site 4C 0 01 0 01
Original approved impacts
at Site 10C 010 010
Original approved impacts
at Site 11C 012 012
Original approved impacts
at Site 14C 2 Stations) 0 66 0 66
Original approved impacts
at Site 15C 1 69 1 69
Original approved impacts
at Site 16C 010 010
Additional impacts at
Station 20+00 (near
Permit Site 17C) 0 09 0 09
approved 08131/06
Additional impacts at
Permit Site 17C approved 0 007 (temporary) 0 007 (temporary)
12/18/06
Total 6 30 0 007 6 30
Total Wetland Impacts for Project 6 307 acres
Open Water Impacts in the Catawba River Basin
-'
-
Y
a °-:,?4"t
-? -5. Y
+
` s -
?-•3iv'j i ? i w -a -. r E ? ? Y,t? s3 tiF y , ti 4a
f`
1a'c ;4L- r1.
?, _
?
y?. ?,
Site ; rx om ? y.
L
=_
S
Peftanent Fill in Open f ? Temporary Fill in Open" ° A
x?Tota1 Fdl m'Open n
'
G
r
s4 ^J j rit
4ater4 ac
waters
ac) 4
tth -ifi
7'VNaterS ac)'
(
Original ap proved impacts at Site 1013 3 27 3 27
Original approved impacts at Site 16C 1 2 1 2
Total 4 47 4 47
Total Open Water Impact for Project 4 47acres
The application provides adequate assurance that the discharge of fill material into the waters and wetlands
of 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 modified application
received July 9, 2007 All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated September 21, 2004, and additional modifications dated September 2,
2005, October 17, 2005, August 31, 2006, September 13, 2006, and December 18, 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 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, 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 The proposed modification will result in approximately 82 linear of feet of temporary impacts in order to
change a V-ditch to a lateral base ditch and connect the ditch into the existing, unnamed tributary to
Reedy Creek The stream must be restored to its pre-construction condition upon completion and
stabilization of the new lateral base ditch
2 Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and
maintenance of such BMP In order to protect surface water standards
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 pit 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 of these measures must be in accordance with
the requirements of the Sedimentation Pollution Control Act
3 Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify the 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
4 All other conditions written into the previous Water Quality Certification, dated September 2, 2005, October
17, 2005, August 31, 2006, September 13, 2006, and December 18, 2006, July 20, 2007 and August 10,
2007, for the project still apply
5 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 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 to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the
certification, DWQ shall notify NCDOT and the USACE, 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 USACE 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
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 Permit This Certification shall expire upon the 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, 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 28th day of August 2008
DIVISION OF WATER QUALITY
//-,-
for Coleen H Sullins
Director
WQC No 3476