20110392 Ver 1_Approval Letter_20111119

i .., ��
���
������
North Carolina Denartment of Environment and Nafurai Resources
Dnnsion of�Nater Quai�ty
5c,arly Eaves Perdue Coleen H Sullins Qee�reemdn
Corernor Director Sec ztar�
November 19 2011
Dr Greg Thorpe PhD Manager
Pro�ect Development and Environmental Analysis
North Carolina Department of Transportatton
1548 Nlatl Service Center
Raleigh North Carolma 27699 1548
Sub�ect 401 Water Quality Certificatton Pursuant to Section 401 of the Federal Clean Water Act wrth
ADDITIONAL CONDITIONS for
Proposed improvements to US 220 from SR 2182 (Horsepen Creek Rd)to 0 2 miles north of SR 2313
(Wmfree Rd) in Guilford County Federal Aid Pro�ect No STP 220(�) State Pro�ect No 8 1491504
WBS Element No 34418 1 4 R 2309AB and proposed�mprovements to US 220 from south of the Haw
River to the Intersechon of US 220 and eristing NC 68 m Guilford and Rocktngham Counties State
Pro�ect No 6499008T WBS Element No 34429 1 1 TIP No R2413C NCDWQ Pro�ect No 20110392
� Dear Dr Thorpe
Attached hereto is a copy of the reissued Certification No 3864 issued to The North Carolina Department of
Transportation(NCDOT)dated November 19 2011 This replaces the Certification No �684 issued August 5
� 2011 and correction letters issued August 15 2011 August 29 2011 and November 14 2011
If we can be of further assistance do not hesitate to contact us
S m.yx�.ly
I � y ��
�/�� �l�,,�7
� ��o een H ullms
Director
iAttachments
cc Andy Wtiliams US Arcny Corps of Engmeers Raleigh Field Office
Mike Mills PE Drvtsion 7 Engineer
Jerry Parker Drvision 7 Environmental Officer
Chris Milrtscher Environmental Protection Agency(electronic copy only)
Travis Wilson NC Wildlife Resources Commission(electronic copy only
Beth Harmon Ecosystem Enhancement Program
Wetlands/401 Transportatton Permittmg Unit
File Copy
�
�
�
Transportation Permitting Unit One
1650 Iviail Service Center Raleigh North Caro�ina 27699 1650 NorthCarolina
Location 2321 Crabtree Blvd Raleigh Nor`h Carolma 27604 �irtl�r�tjl�
Phone [phone] FAX [phone]G3
Internet http/lh2o enr state nc uslncwetlandsl
iAn Equai Opportunity AKrmatwe AcUon Emplo�er

401 Water Quality CertiCcahon Pursuant to Section 401 of the Federal Clean Water Act with ,.
ADDITIONAL CONDITIO�S
THIS CERTIFICATI01�1 is issued in conformity wrth the requirements of Section 401 Public Laws 92 500 and
95 217 of the United States and sub�ect to the North Carolma Divis�on of Water Quality(NCDWQ)Re'ulations in
15 NCAC 2H 0500 This certification authorizes the NCDOT to tmpact 2 4( acres of�unsdictional wetlands 4751
lmear feet of�urisdictional streams and 2 2 acres of open water m Guilford and Rockingham Count�es The pro�ect
shatl be constructed pursuant to the applicatton dated received April 28 2011 wtth additional tnformation dated
recerved May 26 2011and August 3 2011 The authonzed impacts are as descnbed below
Stream Im acts m the Ca e Fear Rrver Basin for R2309AB
S�te Permanent Fill in Temporary Fill Permanent Temporary Fill Total Stream
Intermittent Stream m Intermittent Fiil in in Perennial Stream Impacts
(hnear ft) Stream(l�near Perenn►al Stream(lmear ft) Impact Requiring
ft) Stream (I►near ft) M�tigation
(linear ft) hnear ft)
1 280 162 280 280
6 � � 0 0
� 1'72 18 190 172
g 40 34 74 0
9 240 122 362 240
10 412 16 428 412
11 85 20 105 0
12 200 22 222 200
gg 20 1344 37�3 1826 1304
Total
Total Stream Impact for R2309 AB Pro�ect 1826 linear feet
Stream Im acts in the Ca e Fear Rrver Basm for R2413C
S�te Permanent Fill�n Temporary Fill Permanent Temporary Fill Total Stream
Intermittent Stream m Interm►ttent Fill in m Perennial Stream Impacts
(1►near ft) Stream (linear Perennial Stream(lmear ft) Impact Requ►rmg
ft) Stream (linear ft) Mit►gat�on
hnear ft lmear ft
1 42 42 0
4 40 141 181 0
5 894 894 894
6 36 16 52 0
� 220 19 239 220
8 142 48 190 0
9 348 348 348
10 182 33 215 0
42 p 1�62 257 2161 1462
Tota!
Total Stream Impact for R2413C Pro�ect m Cape Fear River Basin 2161 l►near feet
Stream Im acts ►n the Roanoke Rrver Basin for R2413C
Site Permanent Fill m Temporary F�ll Permanent Temporary Fill in Total Stream
Intermittent Stream in Interm�ttent F�II in Perenn►al Stream Stream Impacts
(linear ft) Stream(linear Perennial (1►near ft) Impact Requ�ring
ft) Stream (lmear ft) Mitigation
linear ft) l�near ft)
11 229 33 262 229
12 154 35 189 154
1� g2 63 145
14 142 26 168 142
607 1�7 764 525
4
TOtll�
Total Stream Impact for R2413C Pro�ect►n Roanoke River Basm 764 lmear feet
r

i�
M O en Water Lakes Im acts in the Ca e Fear Rrver Basin for R2309AB
Site Permanent Fill m Open Temporary Fill in Open Total Fill in Open Waters (ac)
Waters ac) Waters ac)
3 0�6 036
� 1 42 � 0 42 1 3�
178 0-t2 22
Totn!
Total Open Water Impact for R 2309�B Pro�ect in Cape Fear River Basin 2 2 acres
Wetland Im acts in the Ca e Fear River Basin for R 2309AB
Site F�II Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearmg Cleanng Bridge Wetland
(ac) (ac. ac ac) Im act ac)
G 1 0 07 0 06 O 1�
2 0 04 0 04
3 031 004 035
i 4 021 002 02�
5 001 001 002
10 0 02 0 02
061 007 O11 079
Tota[
Total Wetland Impact for R 2309AB ProJect in Cape Fear River Basm 0 79 acres
Wetland Im acts in the Ca e Fear R�ver Basin For R 2413C
Site Fill F�ll Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
ac) ac ac) ac) Im act ac)
2 046 009 O55
3 024 003 027
Utili 1 001 001
5 065 006 071
10 0 02 0 04 0 06
1 37 0 13 0 09 0 01 1 6
� Total
� Total Wetland Impact for R2413C Pro�ect m Cape Fear River Bas�n 1 6 acres
Wetland Im acts �n the Roanoke River Bas►n for R 2413C
Site Fill f Fill Excavat�on Mechan�zed Hand Area under Total
f (ac) (temporary) (ac) Cleanng Clearing Bridge Wetland
ac ac) ac) ac) Im act ac
� 11 002 002
� 0 02 0 02
Tota!
� Totai Wetland Impact for R2413C Pro�ect in Roanoke Rrver Basin 0 02 acres
The application provides adequate assurance that the discharge of fill material mto the waters of the Cape Fear and
Roanoke River Basins m con�unction wrth the proposed development will not result m a violation of applicable
Water Quality Standards and discharge guidelmes Therefore the State of North Carolma 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 m accordance with the application and conditions heremafter set forth
Th�s approval is only valid for the purpose and design that you submitted in your applicatton dated received Apnl
28 2011 wrth addihonal mformation dated received May 26 2011and August 3 2011 Should your pro�ect change
you are required to notify the NCDWQ 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�s thereby responsible for complying with all the

tt nal wetland im acts or stream im acts for this pro�ect(now or in the future)exceed one \�
condittons If any addi o p P
acre or 150 lmear feet respecttvely additional compensatory mitigauon may be required as descnbed in 15A NCAC \ /
2H 0506(h)(6)and(7) For this approval to remain valid you are required to comply wrth all the conditions listed
below In addition you should obtain all other federal state or local permrts before proceeding with your pro�ect
mcluding(but not limrted to)Sediment and Erosion control Coastal Stormwater Non discharge and Water Suppty
watershed regulations This Cer[ificatton shall erpire on the same day as the erpiration date of the correspondin�
Corps of Engmeers Permit
Condition(s)of Cert�ficat�on
Pro�ect Spec�fic Conditions
1 The NCDOT Division Envtronmental Officer or Environmental Assistant will conduct a pre construction
meetmg with all appropriate staff to ensure that the pro�ect supervisor and essential staff understand the
potenrial issues wrth stream and pipe ali;nment at the permrtted srte NCDWQ staff shall be mvrted to the
pre construction meeting
2 Turbidity curtams shall be used to isolate all work areas from Lake Brandt mcluding pile or casement
�nstallat�on placement of r�prap excavat�on or fillmg Strict adherence to the Construction and
Maintenance Best Management Practices will be required
� NCDOT shall design construct and operate and mamtain hazardous spill catch basins(HSCBs)at lake
crossmgs withm the WS CA watershed The HSCBs shall be located at Station numbers—L 57+13 LT
L 118+50 LT L 142+25 LT L 112+60 RT and—L 121+70 LT
4 Compensatory miti�ation for U04 Imear feet of impact to streams in the Cape Fear River Basm for
R2309AB is required Also compensatory mrtigation for 1462 lmear feet of tmpact to streams m the Cape
Fear River Basm and 525 lmear feet m the Roanoke River Basm for R2413C is required We understand
that you have chosen to perform compensatory mrtigation for impacts to streams through the North Carolma
Ecosystem Enhancement Program(EEP) and that the EEP has agreed to implement the mitigation for the
pro�ect EEP has mdicated m letters dated March 21 2011 for the impacts associated with R 2309AB and
November 17 2011 for the impacts associated wrth R 2413C that they will assume responsibility for
satisfymg the federal Clean Water Act compensatory mitigation requirements for the above referenced
pro�ect m accordance with the North Ca�olu�a Depa�tment of�.nvuonment and NlturaL Resources
Ecosystem Enhancement Pro�r�m In Lieu Fee (n�trument signed July 28 2010
5 Compensatory mitigation for 0 79 acres of wetland m the Cape Fear River Basm for R2�09AB is required
Also compensatory mitigation for 1 59 acres of wetland m the Cape Fear Rrver Bas�n and 0 02 acres of
wetland m the Roanoke River Basm for R2413C is required We understand that you have chosen to
perform compensatory mitigation for impacts to the 0 79 acres of wetland m the Cape Fear Basin for R
2�09AB 1 59 acres or wetland impacts m the Cape Fear Basm for R 2413C and 0 02 acres of wetland
impacts m the Roanoke Rrver Basm for R 24liC through the North Carolma Ecosystem Enhancement
Program(EEP) and that the EEP has agreed to implement the mitigation for the pro�ect EEP has mdicated
m letters dated March 21 2011 the impacts associated with R 2309AB and November 17 2011 for the
impacts associated with R 2413C that they will assume respons�bility for sat�sfytng the federal Clean Water
Act compensatory mitigation requirements for the above referenced pro�ect m accordance with the North
Carolina Dcpartment ot Environm�,nt and Nattirll Rcsources Ecos�stem Enhancemtnt Pro�iam [n L�EU F�a
[nstrum�nt signed July 28 2010
6 Any modifications to this 401 Water Quality Cemficatton that propose addrtional stream impacts or
mcreased impervious surface requirmg addittonal stormwater management may be sub�ect the Jardan
Water Supply Nutrient Strategy[15A NCACO2B 0267] NCDOT shall coordmate wrth NCDWQ pnor to
submittmg a modification request to determine the applicability of the Jordan Water Supply Nutrient
Strategy This condition does not apply to ma�or modifications for addrtional sections of the pro�ect that
were covered under the Fmdmg of No Significant Impact or approved m the Avotdance and Mmimization
stage of the pro�ect
7 Two copies of the final construction drawings shall be furnished to NCDWQ Central Office pr�or to the pre
construction meetmg The permittee shall provide wntten verificatton that the final construction drawmgs
comply wrth the permit drawmgs contamed m the application dated Apn128 2011 with addrtional
mformation May 26 2011and August 3 2011 Any deviations from the approved drawings are not
authorized unless approved by the NC Division of Water Qualrty
8 The outside buffer wetland or water boundary located wrthm the construction comdor approved by this
authorizarion shall be clearly marked by hi�hly visible fencing pnor to any land disturbing activrties
Impacts to areas withm the fencmg are prohibited unless otherwise authorized by this certification
9 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as
closely as possible mcludmg pipes or barrels at flood plam elevat�on and/or sills where appropriate
Widentng the stream channel should be avoided Stream channel widenmg at the mlet or outlet end of

� �
� structures typically decreases water velocrty causing sed�ment deposrt�on that requires increased
maintenance and disrupts aquatic life passa�e
10 The permtttee shafl use/Design Standards �n Sensrtive Watersheds/[I�A NCAC 4B 0124(a) (e)] m areas
draining to WSIV CA waters However due to the stze of the pro�ect NC DOT shall not be required to
meet 15A NCAC 4B 0124(a)regardin;the ma�imum amount of uncovered acres Temporary cover
(wheat millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil
w�thin l� bustness days of ground disturbing activines to provide erosion control
11 Unless otherwise appro�ed tn this certificatton placement et culverts and other structures in open waters and
streams shatl be placed below the elevatton of the streambed by one foot for all culverts wrth a diameter
greater than 48 mches and 20 percent of the culvert diameter for culverts having a diameter less than 43
inches to allow low flow passage of water and aquaric life Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result
( m dis equilibrium of wetlands or streambeds or banks ad�acent to or upstream and down stream of the
above structures The applicant is required to provide evidence that the equilibrium is bein�mamtamed if
requested m wrttmg by NCDWQ If this condinon is unable to be met due to bedrock or other limitmg
� features encountered dui�ng construct�on please contact NC'DWQ for guidance on how to ptoceed and to
4 determine whether or not a permit modification will be required
12 Riprap shall not be placed m the active thalweg channel or placed m the streambed m a manner that
precludes aquatic hfe passage Rather it shall be keyed mto the stream bed m such a manner that low flow
conditions allows water to pass over the np rap Btoengineermg boulders or structures should be properly
designed sized and mstalled
13 All temporary impacts to�urisdictional streams due to site dewatermg activities the site shall be graded to its
preconstruction contours and reve�etated with appropriate native species
!
f General Condrtions
' 14 The use of rip rap above the Normal Htgh Water Mark shall be minimized Any rip rap placed for stream
stabilization shall be placed u►stream channels m such a manner that rt does not impede aquatic life
passage
15 If concrete is used duruig construchon a dry work area shall be mamtained to prevent direct contact
between curmg concrete and stream water Water that madvertently contacts uncured concrete shall not
be dischar�ed to surface waters due to the potential for elevated pH and possible aquatic life and fish kills
16 Durmg the construct�on of the pro�ect no stagmg of equipment of any kmd is permitted m waters of the
U S or protected nparian buffers
17 The dunension pattern and profile of the stream above and below the crossin�shall not be modified
{ Disturbed floodplams and streams shall be restored to natural geomorphic condrttons
y 18 The Permittee shall ensure that the final design drawings adhere to the permrt and to the permrt drawmgs
� submitted for approval
19 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures
from the most current version of NCDOT Construction and Mamtenance Acttvities manual such as
sandbags rock berms cofferdams and other diversion structures shall be used to pievent excavation m
flowing water
20 Heavy equipment shall be operated from the banks rather than in the stream channel in order to mmimize
sedimentation and reduce the introduction of other pollutants mto the stream
21 All mechanized equipment operated near surface waters must be regularly mspected and mamtamed to
prevent contammation of stream waters from fuels lubricants hydraulic fluids or other toxic materials
22 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
23 Discharging hydroseed mixtures and washing out hydroseeders and other equipment m or ad�acent to surface
waters is proh�bited
24 The permittee and rts author�zed agents shall conduct its activrties ul a manner consistent with State water
quality standards(mcludmg any requirements resultmg from compliance with §303(d)of the Clean Water
Act)and any other approprtate requ�rements of State and Federal law If NCDWQ determmes that such
standards or laws are not bemg met(mclud�ng the failure to sustam a designated or achieved use)or that
State or federal law�s bemg violated or that further conditions are necessary to assure compliance NCDWQ
may reevaluate and modify this certificatton
25 A copy of this Water Quality Certification shall be mamtamed on the construction site at all t�mes In
add�tion the Water Quality Certification and all subsequent modifications if any shall be mamtained with
the Division Engineer and the on site pro�ect manager
26 The issuance of this certification does not exempt the Permittee from complying wrth any and all statutes
ruies regulations or ordmances that may be imposed by other government agencies(i e local state and

federal)havmg�urisdiction tncludm�but not limited to appltcable buffer rules stormwater management ♦
rules soil erosion and sedimentation control requ�rements etc
27 The Permittee shall report any violattons of this certificatton to the Division of Water Quality wrthm 2�#
hours of discovery
28 Upon completion of the pro�ect(includ�ng any �mpacts at associated borrow or waste srtes) the tvCDOT
Drvision En�tneer shall complete and return the enclosed Cert�fication of Completion Form to notify
NCDWQ when all work mcluded m the 401 Certtficauon has been completed
29 Native rtpanan vegetatton must be reestablished m the npanan areas wrthin the construction limits of the
pro�ect by the end of the growing season followtng completion of construction
30 There shall be no e�ccavatton from or waste disposal into �ur�sdictional wetlands or waters assoctated with
this permrt wrthout appropnate modification Should waste or borrow sites or access roads to waste or
borrow sttes be located m wetlands or streams compensatory mitieation will be required smce that is a
direct impact from road construction activities
31 Erosion and sediment control practices must be m full compliance with all specificattons governing the
proper desi�n mstallation and operation and mamtenance of such Best Nlanagement Practices m order to
protect surface waters standards
a The erosion and sediment control measures for the pro�ect must be designed mstalled operated and
mamtained tn accordance with the most recent version of the North Carol�na Sedtment and Erosion
Control Plamm�g and Des�gn Manual
b The design mstallation operation and mamtenance 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 Carolrna Sed�ment and Eroslon Control Ntanual The devices shall be mamtamed on all
construction sites borrow sites and waste ptle (spoil) pro�ects includmg contractor owned or leased
borrow pits associated wrth the pro�ect
c For borrow prt srtes the erosion and sediment control measures must be desi�ned mstalled operated
and mamtamed m accordance wrth the most recent version of the North Carol�na Surface Min�ng
Manual
d The reclamation measures and unplementation must comply wrth the reclamation m accordance wrth
the requirements of the Sedimentation Pollution Control Act
32 Sediment and erosion control measures shall not be placed ui wetlands or waters unless otherwise approved
by this Certificatton
33 In accordance with commitments made m your application all clearmg of vegetation for purpose of
relocatmg overhead power Imes withm�unsdictional wetlands shall be performed wrthout the use of
mechanized equipment
34 The post constructton removal of any temporary bridge structures must return the pro�ect srte to rts
preconstruction contours and elevations The impacted areas shall be revegetated with appropnate native
species
35 Sri-ict adherence to the most recent version of NCDOT s Best Management Practices For Bndge Demolrtion
and Removal approved by the US Army Corps of Engmeers is a condition of the 401 Water Quality
Certification
36 Brtdge deck drams shall not discharge dtrectly tnto the stream Stormwater shall be directed across the
bndge and pre treated through site appropnate means(grassed swales pre formed scour holes vegetated
buffers etc)before entermg the stream Please refer to the most current version of Stormwater Best
Management Practrces
37 Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft
constructton methods More spectfically �ettmg or other methods of pile drivmg are prohibited without prior
written approval from NCDWQ first
38 No drill slurry or water that has been m contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
39 All pile drivmg or drillmg acttvrties shall be enclosed m turbidity curtains unless otherwise approved by
NCDWQ m this certificarion
40 All bndge construction shall be performed from the existmg bndge temporary work bridges temporary
causeways or floating or sunken barges If work conditions require barges they shall be floated tnto
position and then sunk The barges shall not be sunk and then dragged mto posrtion Under no
circumstances should bar�es be dragged along the bottom of the surface water
41 All streams beulg impacted due to site dewatenng activities shall be graded to rts preconstruction contours
and revegetated wrth appropriate native species
42 The stream channel shall be excavated no deeper than the natural bed material of the stream to the
maximum e�tent practicable Efforts must be made to mmimize impacts to the stream banks as well as to
vegetation responsible for mamtammg the stream bank stability Any appl�cable riparian buffer�mpact for
access to stream channel shall be temporary and be revegetated with native riparian species

Violations of any conditton herem set forth may result in revocation of this Certification and may result m crimmal
and/or civtl penalties This Cernfication shall become null and void unless the above conditions are made
t conditions of the Federa1404 and/or Coastal Area Management Act Permit This Certification shall e�cpire upon the
expiration of the 404 or CAMA permit
If you wish to contest any statement m the attached Certification you must file a petrtion for an admmistrative
hearmg You may obtain the petition form from the office of Administrative heanngs You must file the petiuon
with the office of Admmistrative Hearings withm sixty(60) days of recetpt of this notice A petition is considered
filed when rt is received m the office of Admmistrative Hearmgs dunng normal office hours The Office of
Admmistrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm e�ccept
for o�cial state holidays The ongma(and one(1)copy of the petition must be filed wrth the Office of
Admmistrarive Hearmgs
The petition may be faxed provided the origmal and one copy of the document is received by the Office of
� Adm�mstrative Heanngs wrth�n five(5)busmess days following the faxed transmission
The mailmg address for the Office of Admmistrative Hearings is
' Office of Admulistrative Hearmgs
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petrtion must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Env�ronment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 19th day of November 2011
DIVISION OF WATER QUALITY
�
�
n _Coleen H Sullins
�°�r D�rector
WQC No 3864

�.
1�CDWQ Pro�ect No County
Applicant
Pro�ect Name
Date of Issuance of 401 Water Qual�ty Cert�ficat►on
Certificate of Complet�on
Upon completion of all work approved wrthm the 401 Water Quality Certification or applicable Buffer Rules and
any subsequent modifications the applicant is requued to return this certificate to the 401 Transportation Permittmg
Unrt North Carolma Divtston of Water QuahTy 1650 Mail Service Center Raleigh NC 27699 1650 This form
may be returned to NCDWQ by the applicant the applicant s authorized agent or the pro�ect engmeer It is not
necessary to send certificates from all of these
Applicant s Certifccation
I hereby state that to the best of my abilities due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supportmg materials
Signature Date
Agent s Certafccation
j hereby state that to the best of my abilrties due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and mtent of the 401 Water Qualrty Certification and Buffer Rules the approved plans and
specifications and other supportmg matenals
Signature Date
Engineer s Certification
Partial Final
I as a duly registered Professional Engmeer m the State of North
Carolma havmg been authorized to observe(penodically weekly full time)the constructton of the pro�ect for the
Permittee hereby state that to the best of my abilities due care and diligence was used m the observation of the
construcrion such that the construction was observed to be built wrthm substantial comphance and mtent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supportmg materials
Signature Registration No
Date

� O en Water Lakes Im acts in the Ca e Fear Rrver Basi❑ for R2309AB
Site Permanent F►11 in Open Temporary Fill in Open Totat F►ll ►n Open Waters(ac)
Waters (ac) Waters (ac)
� 0 36 0 36
4 1 �l2 0-�2 1 8�4
178 0-12 22
Tota1
Total Open Water Impact for R 2309aB ProJect in Cape Fear R�ver Basin 2 2 acres
Wettand Im acts in the Ca e Fear River Basin for R 2309AB
Site F�ll F�I1 Excavat�on Mechan►zed Hand Area under Total
(ac) (temporary) (ac) Clear�ng Clearmg Bridge Wetland
ac) (ac) ac (ac) Im act ac)
1 007 006 Ol�
2 004 004
3 031 004 03�
4 02i 002 02�
5 001 001 002
10 0 02 0 02
061 007 O11 079
Total
Total Wetland Impact for R 2309AB Pro�ect►n Cape Fear River Basm 0 79 acres
Wetland Im acts in the Ca e Fear Rrver Basin For R 2413C
Site Fill F�ll Excavat�on Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Br�dge Wetland
ac ac (ac) ac) Im act ac)
2 0 46 0 09 0 55
� 3 024 00� 027
Utili 1 0 O1 0 01
5 065 006 071
10 002 004 006
1 37 0 13 0 09 0 01 1 6
� Total
Total Wetland Impact for R2413C Pro�ect m Cape Fear River Bas�n 1 6 acres
Wetland Im acts �n the Roanoke River Basm for R 2413C
S►te F►11 f F�ll Excavation Mechan�zed Hand Area under Total
; (ac) (temporary) (ac) Clearing Clearing Bndge Wetland
� ac (ac) (ac
(ac) Im act ac
11 0 02 0 02
002 002
Total
Total Wetland Impact for R2413C Pro�ect in Roanoke River Basin 0 02 acres
The application provides adequate assurance that the discharge of fill material mto the waters of the Cape Fear and
Roanoke River Basins m con�unction with the proposed development�vill not result m a violation of applicable
Water Quality Standards and discharge guidelmes Therefore the State of North Carolma certifies that this activity
� will not violate the applicable porttons of Sections 301 302 303 306 307 of PL 92 500 and PL 95 217 if
i conducted m accordance wrth the application and condrtions heremafter set forth
This approval is only vahd for the purpose and desi�n that you submitted in your apphcation dated received April
28 2011 with addrtional mformation dated received May 26 2011and August 3 2011 Should your pro�ect change
you are required to notify the NCDWQ 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 complymg wrth all the
�

l wetland im acts or stream�m acts for this pro�ect(now or m the future)exceed one _
condrtions If any additiona p P
acre or 150 lmear feet respectively addrtional compensatory mitigatton may be required as descnbed in 1�A NCAC /
2H 0506(h)(6)and(7) For this approval to remam valid you are required to comply wrth all the conditions listed
below In additton you should obtain all other federal state or local permits before proceeding wtth your pro�ect
tnclud�ng(but not limited to)Sediment and Erosion control Coastal Stormwater Non discharge and Water Supply
watershed regulations This Certificat�on shall e�pire on the same day as the e�cpiration date of the corresponding
Corps of Engineers Permrt
Cond�t►on(s)of Certificat�on
Protect Specific Condit►ons
1 The NCDOT Drvtsion Envtronmental Officer or Environmental Assistant will conduct a pre construction
meetmg with all appropriate staff to ensure that the pro�ect supervisor and essenttal staff understand the
potential issues with stream and pipe alignment at the permitted site NCDWQ staff shall be invited to the
pre construction meeting
2 Turbtdity curtams shall be used to isolate all wark areas from Lake Brandt mcluding pile or casement
installation placement of riprap excavat�on or fillmg Stnct adherence to the Construction and
Mamtenance Best Management Practices will be required
� NCDOT shall design construct and operate and mamtain hazardous sptll catch basms(HSCBs)at lake
crossings wtthm the WS CA watershed The HSCBs shall be located at Station numbers—L 57+13 LT
L 118+50 LT L 142+25 LT L 112+60 RT and—L 121+70 LT
4 Compensatory mrttgation for U04 lmear feet of impact to streams m the Cape Fear River Basm for
R2�09AB is required Also compensatory mitigatton for 1462 Imear feet of impact to streams in the Cape
Fear River Basm and 525 lmear feet m the Roanoke River Basin for R2413C is required We understand
that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolma
Ecosystem Enhancement Program(EEP) and that the EEP has agreed to implement the mitigation for the
pro�ect EEP has mdicated m letters dated March 21 2011 for the impacts associated with R 2309AB and
November 17 2011 for the impacts associated wrth R 2413C that they will assume responsibility for
satisfymg the federal Clean Water Act compensatory mitigation requirements for the above referenced
pro�ect m accordance wtth the North Caiolu�a Depa�trnent of�.nviionment and N�turaL Resources
Ecosystem Enhancement Pro,ram In Lieu Fee In�trument signed July 28 2010
5 Compensatory mitigation for 0 79 acres of wetland m the Cape Fear River Basm for R2309AB is required
Also compensatory mitigation for 1 59 acres of wetland m the Cape Fear River Basm and 0 02 acres of
wetland m the Roanoke River Basm for R2413C is requ�red We understand that you have chosen to
perform compensatory mrtigation for impaets to the 0 79 acres of wetland m the Cape Fear Basm for R
2�09AB 1 59 acres or wetland impacts m the Cape Fear Basin for R 2413C and 0 02 acres of wetland
impacts m the Roanoke River Basm for R 241�C through the North Carolma Ecosystem Enhancement
Program(EEP) and that the EEP has agreed to implement the mitigation for the pro�ect EEP has mdicated
m letters dated March 21 2011 the�mpacts associated with R 2�09AB and November 17 2011 for the
impacts associated wrth R 2413C that they will assume responsibilrty for satisfymg the federal Clean Water
Act compensatory mrtigation requirements for the above referenced pro�ect m accordance with the North
Carolinl Dcpirtment ot Environmtnt and Naturll R�sources Ecos�stem Enhancement Pro�iam in Litu F��
[nstrument signed July 28 2010
6 Any modifications to this 401 Water Qualrty Certtficatton that propose addrtional stream impacts or
mcreased impervious surface requirmg addrtional stormwater management may be sub�ect the Jordan
Water Supply Nutrient Strategy[15A NCACO2B 0267J NCDOT shall coordmate with NCDWQ prior to
submitting a modification request to determme the applicability of the Jordan Water Supply Nutrient
Strategy This condrtton does not apply to ma�or modifications for addrtional sections of the pro�ect that
were covered under the Fmdmg of No Significant Impact or approved tn the Avoidance and Mmimization
stage of the pro�ect
7 Two copies of the final construction drawmgs shall be furnished to NCDWQ Central Office prior to the pre
construction meetmg The permittee shall provide written verification that the final construction drawmgs
comply with the permit drawmgs contamed m the application dated Apn128 2011 with addrtional
mformation May 26 2011 and August 3 2011 Any deviattons from the approved drawmgs are not
authorized unless approved by the NC Dtvision of Water Quality
8 The outside buffer wetland or water boundary located wtthm the construction corridor approved by this
authorization shall be clearly marked by highly visible fencmg prior to any land disturbing activrties
Impacts to areas withm the fencmg are prohibtted unless otherwise authorized by th�s certification
9 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as
closely as possible mcludmg pipes or barrels at flood plam elevation and/or sills where appropnate
Widemng the stream channel should be avoided Stream channel widenmg at the mlet or outlet end of

I ' structures typically decreases water velocrty causmg sediment deposrtion that requires increased
maintenance and disrupts aquatic Iife passage
i 10 The permittee shall use/Design Standards in Sensitive Watersheds/[1�A NCAC 4B 0124(a) (e)] m areas
draming to WStV CA waters However due to the size of the pro�ect NC DOT shall not be required to
meet 15A NCAC 4B 0124(a)regarding the ma�imum amount of uncovered acres Temporary cover
(wheat millet or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil
within IS business days of ground disturb�ng activtues to provide erosion contro(
11 Unless otherwise appro�ed in this certification placement et 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 mches and 20 percent of the culvert diameter for culverts havtng a diameter less than 43
� mches to allow low flow passage of water and aquatic life Design and placement of culverts and other
� structures �ncluding temporary eroston control measures shall not be conducted m a manner that may result
� m dis equilibrium of wetlands or streambeds or banks ad�acent to or upstream and down stream of the
above structures The applicant is requtred to provide evidence that the equilibrium is bemg mamtained if
i requested m writmg by NCDWQ If this condition is unable to be met due to bedrock or other limiting
� features encountered dui ing construction please contact NC'DWQ for gu�dance on how to pi oceed and to
i I determme whether or not a permrt modification will be required
12 Riprap shall not be placed m the active thalweg channel or placed in the streambed m a manner that
i precludes aquatic life passa�e Rather it shall be keyed tnto the stream bed m such a manner that low flow
� condtttons allows water to pass over the np rap Bioen�meerulg boulders or structures should be properly
' designed sized and mstalled
� 13 All temporary impacts to�urtsdictional streams due to site dewatering activrttes the site shall be graded to rts
preconstruction contours and revegetated with appropriate native species
i
General Cond►hons
14 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream
stabilization shall be placed m stream channels m such a manner that rt does not impede aquatic life
passage
15 If concrete is used durui�construction a dry work area shall be maintained to prevent direct contact
between curmg concrete and stream water Water that madvertently contacts uncured concrete shall not
be dischar�ed to surface waters due to the potential for elevated pH and possible aquatic life and fish kills
16 Durmg the construct�on of the pro�ect no stagmg of equipment of any kind is permitted m waters of the
U S or protected riparian buffers
17 The dunension pattern and profile of the stream above and below the crossmg shall not be modified
, Dtsturbed floodplains and streams shall be restored to natural geomorphic condrtions
� 18 The Permittee shall ensure that the final design drawings adhere to the permrt and to the permrt drawmgs
submitted for approval
19 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Acttvities manual such as
sandbags rock berms cofferdams and other diversion structures shall be used to pievent excavahon m
flowmg water
20 Heavy equipment shall be operated from the banks rather than m the stream channel m order to mmimize
sed�mentatton and reduce the mtroduction of other pollutants lnto the stream
21 All mechan�zed equtpment operated near surface waters must be regularly inspected and mamtamed to
prevent contamination of stream waters from fuels lubrtcants hydraulic flutds or other toxic materials
22 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
i certification
23 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or ad�acent to surface
waters is proh�brted
24 The permittee and rts author�zed agents shall conduct its activrties u1 a manner consistent with State water
quality standards(includmg any requirements resultmg from compliance with §303(d)of the Clean Water
Act)and any other appropnate requirements of State and Federal law If NCDWQ determmes that such
standards or laws are not bemg met(mcludmg the failure to sustain a designated or achieved use)or that
State or federal law is being violated or that further condrtions are necessary to assure compliance NCDWQ
may reevaluate and modify this certification
25 A copy of this Water Quality Certification shall be mamtamed on the construction site at all times In
addrtion the Water Qualrty Certification and all subsequent modifications if any shall be mamtamed wrth
the Division Engmeer and the on site pro�ect manager
26 The issuance of this certification does not exempt the Permittee from complying with any and all statutes
rules regulations or ordmances that may be tmposed by other government agencies(i e local state and

federal)havmg�urtsdtctton mcluding but not l�m�ted to appticable buffer rules stormwater management
rules so�l eroston and sedimentatlon control requirements etc
27 The Permittee shall report any violations of thls certification to the Division of Water Qualrty wrthm 2�4
hours of discovery
28 Upon completton of the pro�ect(tncluding any impacts at associated borrow or waste srtes) the IvCDOT
Divis�on En�tneer shall complete and return the enclosed Certification of Completion Form to notify
NCDWQ when all work mcluded in the 401 Certificauon has been completed
29 Native ripanan vegetation must be reestablished in the npanan areas within the construction limrts of the
pro�ect by the end of the growing season following completion of construction
�0 There shall be no e�ccavation from or waste disposal into �urisdictional wetlands or waters assoctated with
this permrt without appropnate modification Should waste or borrow sites or access roads to waste or
borrow srtes be located m wetlands or streams compensatory mttigatton will be required smce that is a
direct impact from road construction activities
31 Erosion and sediment control practices must be m full compliance with all specifications governin�the
proper desi�n mstallation and operation and mamtenance of such Best Mana�ement Practices in order to
protect surface waters standards
a The erosion and sediment control measures for the pro�ect must be designed mstalled operated and
maintatned m accordance with the most recent version of the North Carol�na Sed�ment and Eros�on
Control Planntng and Destgn Nfanual
b The design mstallation operation and mamtenance of the sediment and erosion control measures
must be such that they equal or exceed the requtrements specified in the most recent version of the
North Caroltna Sedlment and Eroston Control Manual The devices shall be ma�ntamed on all
construction srtes borrow sites and waste pile (spoil) pro�ects mcludmg contractor owned or leased
borrow pits associated wrth the pro�ect
c For borrow prt srtes the eroston and sediment control measures must be designed tnstalled operated
and mamtamed m accordance wrth the most recent version of the North Carolina Sa�rface tLlining
Manual
d The reclamation measures and unplementation must comply with the reclamation m accordance wrth
the requtrements of the Sedimentation Pollution Control Act
32 Sediment and erosion control measures shall not be placed m wetlands or waters unless otherwise approved
by this Certification
33 In accordance with commrtments made in your application all clearmg of vegetatton for purpose of
relocatmg overhead power lmes within�urtsdicttonal wetlands shall be performed wrthout the use of
mechamzed equipment
34 The post constructton removal of any temporary bridge structures must return the pro�ect srte to rts
preconstruction contours and elevations The impacted areas shall be revegetated wtth appropnate native
species
35 Strict adherence to the most recent verston of NCDOT s Best Management Practices For Bridge Demo rtion
and Removal approved by the US Army Corps of Engineers �s a condition of the 401 Water Quality
Certificatton
36 Bridge deck drams shall not discharge directly tnto the s�a s d swal sWarerformed scour holes egetated
bndge and pre treated throubh site appropnate means(g p
buffers etc)before entermg the stream Please refer to the most current version of Stormwater Best
Management Practtces
37 Bndge piles and bents shall be constructed using drrven piles(hammer or vibratory)ar drilled shaft
construction methods More specifically �ettmg or other methods of pile drivmg are prohibited without prior
written approval from NCDWQ first
38 No drill slurry or water that has been m contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
39 All pile drivmg or drillmg activrttes shall be enclosed m turbidity curtains unless otherwise approved by
NCDWQ m this certification
40 All bndge construction shall be performed from the existmg bndge temporary work bndges temporary
causeways or floating or sunken barges If work conditions require barges they shall be floated into
' posrtion and then sunk The barges shall not be sunk and then dragged mto posrtion Under no
circumstances should bar�es be dragged along the bottom of the surface water
41 All streams bemg impacted due to site dewatermg activities shall be graded to rts preconstruction contours
and revegetated with appropriate native species
42 The stream channel shall be excavated no deeper than the natural bed material of the stream to the
maximum extent practicable Efforts must be made to mmimize impacts to the stream banks as well as to
vegetation responsible for mamtammg the stream bank stability Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated wrth native riparian species

Violations of any condition herem set forth may result m revocation of this Certification and may result m cnmmal
� and/or civil penalties This Certification shall become null and void unless the above conditions are made
i conditions of the Federai 404 and/or Coastal Area Management Act Permit This Certlfication shall erpire upon the
expiration of the 404 or CAMA permit
If you wish to contest any statement in the attached Certification you must fife a petrtion for an administrative
hearmg You may obtam the petition form from the office of Administrative hearings You must file the petition
wtth the office of Admmistrative Heartngs withm sixty(60)days of receipt of this notice A petrtion ts constdered
filed when rt is received m the office of Administrative Hearmgs durmg normal office hours The Office of
Admmistrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm e�ccept
' for official state holidays The origmal and one(1)copy of the petrtion must be filed wrth the Office of
� Admmistrative Hearmgs
i
�` The petrtion may be faxed provided the origmal and one copy of the document is received by the Office of
� ! Admm�strattve Hearmgs w�th�n five(5)business days following the faxed transmission
� The mailmg address for the Office of Admmistrative Hearmgs is
� Office of Admmistrative Hearmgs
� 6714 Mail Service Center
Raleigh NC 27699 6714
� � Telephone [phone] Facsimile [phone]
f A copy of the petrtion must also be served on DENR as follows
� Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 19th day of November 2011
� DIVISION OF WATER QUALITY
i
�
�Coleen H Sullins
Duector
WQC No 3864

�w
NCDWQ Pro�ect No County
Applicant
Pro�ect Name
Date of Issuance of 401 Water Quality Certificat►on
Cert�ficate of Complet�on
Upon completion of all work approved wrthm the 401 Water Qualrty Certification or applicable Buffer Rules and
any subsequent modifications the apphcant is requued to return this certificate to the 401 Transportation Permittmg
Unrt North Carolma Division of Water Qua�ity 1650 Mail Sernce Center Raletgh NC 27699 1650 This form
may be returned to NCDWQ by the applicant the applicant s authorized agent or the pro�ect engmeer It is not
necessary to send certificates from all of these
Applicant s Certification
I hereby state that to the best of my abilrties due care and diligence
was used u1 the observation of the construction such that the construction was observed to be built wrthm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supportmg materials
Signature Date
Agent s Cert f cat�on
I hereby state that to the best of my abilrties due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supportmg materials
� Date
Stgnature
Engtneer s Certificatton
Partial Fuial
I as a duly registered Professional Engmeer m the State of North
Carolma havmg been authorized to observe(periodically weekly full ttme)the construction of the pro�ect for the
Permittee hereby state that to the best of my abilities due care and diligence was used Ln the observation of the
construction such that the construction was observed to be built wrthm substantial compliance and mtent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supportmg materials
Signature Registration No
Date
I