20141200 Ver 3_Approval Letter_20171103

ROY COOPER
Garan,or
MICHAEL S. REGAN
srrrernrv
Environmentul S. JAY ZIMMERMAN
l>i�'e['Inr'
QUQIIty
November 3, 3017
W i Ikes County
NCDWR Project No. 20141200 v3
NC 268 Improvements
TIP/State Project No. R-2603
APPROVAL for Modifica[ion and Renewal of 401 WATER QUALITY CERTIFICATION, with
ADDITIONAL CONDITIONS
Mr. Philip S. Harris 111, P.E., C.P.M.
NCDOT, Natural Environment Section Head
1020 Birch Rid;e Drive
Raleigh, NC 27610
Dear Mr. Harris,
You have our approval, in accordance with the conditions listed below, for the following modifications to impac[s at
Sr�e 13.for ais nddi�ional l03 finear feet ��fstrenm bnnk stabilization.
This CertiTcatron wi/( als'o be renewed in concarrence wilh Section a0-0 Nulionwrde Permit /-/ issued by !he U.S
Army Corps of Engineers of H�hich correspondr m Ceneraf Water Qualiry Certificatin�e Number 4088.
Original issue date for Certification was December 31, 2014. It was subsequendy modified and issued on April 27,
2016 via an In-Field Minor 401 Certification Modifica[ion (20141200 v2).
Stream Im acts in [he Yadkin Pee Dee River Basin
Permanent Fill Temporary Fill Stream
in Perennial in Perennial Total Stream Impacts
Location ImpactType Stream Strcam �mpact Requiring
(linear fq (linear k) (linear R) Mitigation
linear ft
Original Causewa - ?9 29 -
Impac[s for Stabilization 35 - 35 -
Site 13
New Stabilization 1.03 - ]03 -
Impacts for Causeway - - - -
Si[e 13
Totals - 138 29 167 -
n'¢w 5[fCalll Iill(I8C[ fOf [his MOtlIhC3[IOn/KCO¢wal: IUS Ilneaf I¢¢I.
This approval is only valid for the purpose and design [hat you submitted in your modification application da[ed
October 13, 2017. All the authorized activities and conditions of certification associated with the original Water
Quality Certitication dated December 31, 2014 and moditication dated April 27, 2016 still apply escept where
superseded by this certification. Should your project change, you are required to notify the NCDWR and submit a
new application. If the property is sold, the new owner must be given a copy of this Certitication and approval
lettec and is thereb}' responsible for complyine with all the conditions.
�'Nothing Compares - �
State o( North Carolina I Environmental QuaGry
1617 Mail Service Center I RalzieJt North Camlina 27699-16U

If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 300
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 pertnits 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. In addition, you should acquire any other federal, state or local permits before you proceed with your
projeet including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit.
Condition(s) of Certi�cation:
General Conditions
Unless otherwise approved in this certifcation, 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 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 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 una6le to be met
due to bedrock or other limiting features eneountered 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 inadvertently 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 construction of the project, no staging of equipment of any kind is permitted in waters of .
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern 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. [15A 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 Permittee 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
��)�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 Activities 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. Heary 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 regularly 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
certification. [15A NCAC 02H.0506(b)(3)] ,
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A 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) ofthe 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 that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and 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. [15A 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, if any, shall be maintained with
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)] ,
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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) 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 (or appointee) shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A
NCAC 02H.0502( fl]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC 02H.0501
and :0502]
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 all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A 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 Sediment and
Erosion Control Planning and Design Manual.
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 Carolina Sediment and Erosion Control Manual. The 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.

c. For borrow pit sites, the erosion and sediment conuol 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 reclarnation 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(bx3) and (c)(3)]
If you wish to wntest 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 Administra[ive Heazings 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 Heazings accepu filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original aad 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
AdministraNve 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], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Sam M.Hayes, General Counsel
Deparhnent of Env'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
( r��
S. ay Zimmerman, irec[or
Division of Water Resources
Eiectronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division 11 Environmental Officer
Colin Melbr, NC Department of Transportation
Cazla Dagnino, NC Department of Transportation
Erin Cheely, NC Departrnent of Transportation
Chris Militscher, US Env'vonmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environmentu(
Quality
NCDWR Project No.:
.4pplicanh
Project Name:
Date oP Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Gureri,ur
MICHAEL S. REGAN
�tieo�erarr
S. JAY ZIMMERMAN
vb; ,�ror
Cer[ificate of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Rcsources, 1617 Mail Service Cenrer, Ralei;h, NC, 27699-1617. This form
may be re[wned to NCDWR by the applicant, [he applicanYs authorized agent, or [he projec[ engineer. It is not
necessary to send cenificates From all of these.
Applicant's Cer�ifrcatinri
�, , 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 Certihcation and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signa[ure: Date:
AgenPs Cer�ification
�, , hereby state [ha[, to the best of my abilities, due care and diligence
was used in [he observa[ion of [he construction such that the construction was observed to be built wi[hin subs[an[ial
compliance and intent of the 401 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engirteer's Certificutiott
Partial Final
�, , as a duly registered Professional Engineer in the State of North
Carolina, havin� been au[horized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state Ihat, [o the best of my abilities, due care and diligence was used in [he observation of the
construc[ion such that the construction was observed to be boil[ within substantial compliance and inten[ of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
"Nothing Compa�es — �
Stare of Nonh Carolina I 8nvimnmental Qualiry
I fi 17 Mail Servicz Centzr I Raleigh. Nonh Caruhna 27699-1617