20190061 Ver 1_Approval Letter_20190403

ROY COOPER
Governor
MICHAEL S. REGAN
Secretmy
LINDA CULPEPPER
Director
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Emironmental Analysis
North Carolina Depanment of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
NORTH CAROLINA
Environmenfal Quality
April 3, 2019
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for proposed widening of US 321 from north of US 70 interchange to
Southwest Blvd. (SR 1933) interchange in Catawba, Burke, and Caldwell Counties. Federal Aid Project
No. NHG-032(25); Division I I, 12, and 13; TIP No. U-4700; WBS 35993.1.2.
NCDWR Project No. 20190061
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQC004182 issued to The North Carolina Department of
Transportation (NCDOT) dated April 2, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
��
Li a Culpepper, irector
Div�sion of Water Resources
Attachmen[s
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division 11 Environmental Officer
Carla Dagnino, NC Department of Transportation
Chris Militscher, US Environmental Protection Agency
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Pile Copy
�o,�„��� Q��
North Carolina Department of Emironmentai Quality I Divislon of Water Resources
512 North Salisbury Street i 1617 Mail Service Center I Raleigh. North Carolina 2 7 69 9-1617
919707.9000

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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to permanently impact 0.7 acre of jurisdictional
wetlands and 5,950 linear feet of jurisdictional streams, and temporarily impact 15 linear feet of streams. The
project occurs in Catawba, Burke, and Caldwell Counties. The project shall be consh-ucted pursuant to the
application dated received December 20, 2018. The authorized impacts (Final and Preliminary) are as described
below in Tables 1 and 2.
Table 1. Stream Im acts in the Catawba River Basin for entire U-4700 ro'ect.
Impact (Fill) Type and
Length Stream
(linear feet) Impacts
Section Design Stage Requiring
Mitigation
Permanent Temporary (linear ft)
U-4700A Preliminary 1,795 - 1,795*
U-4700B Preliminary 3,055 - 3,055*
U-4700C Preliminary 1,000 - 1,000*
U-4700CA Final - - -
U-4700CB Final 100 15 100*
U-4700CC Final - - -
Total - 5,950 15 5,950
* Mitigation required by US Army Corps oY"Engineers. Yortions ofpreliminary impacts may require mitigation by NC1)Wx once
permanent impacts are determined later.
Table 2. Wetland Im acts in the Catawba River Basin for entire U-4700 ro'ect.
Wetland Impact Impacts Impacts Requiring
Section Design Stage Type (ac) Mitigation
(ac)
U-4700A Preliminary Permanent Fill 0.1 0.1 *
U-4700B Preliminary Permanent Fill 0.2 0.2*
U-4700C Preliminary Permanent Fill 0.4 0.4*
U-4700CA Final Permanent Fill 0 0
U-4700CB Final Permanent Fill 0 0
U-4700CC Final Permanent Fill 0 0
Totals 0.7 0.7x
* Mitigation required by US Army Corps of �ngineers.

Table 3. Stream Im acts in the Catawba River Basin for the U-4700CB Section.
Permanent Fill in Temporary Fill in Total Stream Stream Impacts
Site Perennial Stream Perennial Stream Impact Requiring
(linear ft) (linear ft) (linear ft) Mitigation
llinPar ftl
Totals
32
68
100
Total Stream Impacts for this Section 1151inear feet.
10
15
37
78
115
The application provides adequate assurance that the discharge of fill material into the waters 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 application dated received
December 20, 2018. 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 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 3001inear 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. "
Specific Condition of Certi�cation:
When final design plans are completed for U-4700A, B and C, a modification to the 401 Water Quality
Certification shall be submitted with five copies and fees to the NC Division of Water Resources. Final designs
shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, other
surface waters and buffers if applicable. No construction activities that impact any wetlands, streams, surface
waters located in U-4700A, B and C shall begin until after the permittee applies for and receives a written
modification of the 401 Water Quality Certification and from the NC Division of Water Resources. [15A
NCAC 02H. 0506(b)]
General Conditions of Certification:
Design and placement of culverts, other structures (including culvert extensions) and 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 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 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 (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 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. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices
for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
13. Design, installation, bperation, and maintenance of all sediment and erosion control measures shall be equal
to or exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control
Manual.
14. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor-owned or leased borrow pits associated with the project. Sufficient materials required for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on
site at all times. �
15. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-1 l,
High Quality Waters (HQW), or Outstanding Resource Waters (ORW), thenthe sedimentation and erosion
control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in
Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] �

17. The pertnittee and its authorized agenu shall conduct its activities in a manner consistent with State water qualiry
s[andards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federnl law. If the NCDWR detertnines 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]
18. All fill slopes Iceated 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)]
19. A copy of this Water Quality Certification shall be maintained on the construction si[e at all times. In additioq
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 ISA NCAC 02H .0506 (bx2) and
(�XZ)]
20. The outside buffer, wetland or water boundary located within the construction corzidor approved by this
authorization, including all non-commercial borzow 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 othenvise authorized by this certifica[ion. [ 15A NCAC 02H.0501 and .0502]
21. The issuance of this certification dces not exempt the Permittee from complying wi[h any and all statutes, rules,
regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stortnwater management rules, soil erosion and
sedimentation control requ'vements, etc.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
23. Upon completion of the project (including any impacts at associated boaow or waste sites), the NCDOT Division
Engineer (or appointee) shall complete and retum [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(�]
24. Native riparian vegetation must be reestablished in the riparian azeas within the construction limits of the project
by the end of the gowing season following completion of wnstructioa [15A NCAC 02B.0506(b)(2)]
25. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters assceiated 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(bx3) and (c)(3)
26. Sediment and erosion control measures shall not be placed in wetlands or surface waters wi[hout prior app�oval
from DWR. [15A NCAC 02H.0506(bx3) and (cx3)]
27. Erosion and sediment control ptactices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Best Management Practices to protect surface waters
standards [15A NCAC 02H.0506@x3) and (cx3):
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 Erosron
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 Sedrment and Erosion Control Manual. T'Ite devices shall be maintained on all construction
sites, bortow sites, and waste pile (spoil) projects, including wntractor-owned or leased borrow pits
associated with the project.

c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and mainqined in accordance with the most recent version af the North Carolrna Surface Mining
Manual.
d. The reclamation measures aad implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
Violations of any condition herein set forfh may result in revocation of this Certification and may result in criminal
and/or civil penalNes. T'his 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 exp've upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification you must file a peHtion for an administrative
hearing. You may obtain the petition form from the office oF Administrative heazings. 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 accepu filings Monday ttvough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Administrative Hearings.
The pe6tion may be fa�ced, provided that 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.
T'he mailing address for the Office of Administrative Heazings is:
Office of Administrative Hearings
6714 Mail Service Cen[er
Releigh, NC 27699-6714
Telephone: [phone], Facsimite: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of E�virorunental Quality
1601 Mail Service Center
This the 3rd day of April 2019
DIVISION OF WATER RESOURCES
�(rl .
Linda pepper, Director
WQC No. WQC004182