20100747 Ver 1_Approval Letter_20101209

AGMA
0EE- R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Eaves Perdue Coleen H. Sullins
r Director
December 9, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed widening of US 29 Business (Freeway Drive) form
SR 2670 (South Scales Street) to NC 14 in Reidsville, Rockingham County, Division 7. Federal
Aid Project No. STP-29B (1), State Project No. 8.151190 1, WBS Element No. 34924.1.1, TIP
U-3326 A and B. DWQ project no. 20100747.
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 003843 issued to The North Carolina Department of
Transportation (NCDOT) dated December 9, 2010.
If we can be of further assistance, do not hesitate to contact us. -
Sincerely,
C olee H. Sul InY
Director
Attachments
cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Mike Mills, PE, Division 7 Engineer
Jerry Parker, Division 7 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
Wetlands/401 Transportation Permitting Unit
File Copy
;portation Permitting Unit
Mail Service Center, Raleigh, North Carolina 27699-1650
lion: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
e: 919-733-17861 FAX: [phone]
iet: http:llh2o.enr.state.nc.us/ncwetlands/
NonrtlCarolina
NatuWAY
An Equal Opportunity 1 ARrmalJve Action Employer
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
(NCDWQ) Regulations in 15 NCAC 2H.0500. This certification authorizes the NCDOT to impact less
than 0.01 acres ofjurisdictional wetlands and 3103, linear feet ofjurisdictional streams in Rockingham
County. The project shall be constructed pursuant to the application dated received September 9, 2010,
with additional information dated received December 2, 2010. The authorized impacts are as described
below:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in
Intermittent Stream
(linear ft) Temporary
Fill in
Intermittent
Stream (linear
ft Permanent
Fill in
Perennial
Stream
linear ft Temporary
Fill in
Perennial
Stream
linear ft Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
1 97 67 164 0
I In 43 43 0
I 2 71 12 83 0
3 51 51 0
4 114 18 132 0
5 406 64 470 406
6 72 27 99 0

Total 279 30 575 158 1,042 406
Total Stream Impact for Project in the Cape Fear River Basin: 1,042 linear feet
Stream Impacts in the Roanoke River Basin
Site Permanent Fill in
Intermittent Stream
(linear ft) Temporary
Fill in
Intermittent
Stream (linear
ft Permanent
Fill in
Perennial
Stream
linear ft Temporary
Fill in
Perennial
Stream
linear ft Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
7 212 7 219 212
I 8 56 31 87 0
I 9 117 20 137 0
10 161 56 217 161
11 75 11 86 0
12 175 33 208 175
13 194 21 215 0
14 165 12 177 0
I 15a 66 7 73 0
1 15b 207 17 224 207
I 15c 90 90 0
I 16 4 10 14 0
17 95 38 133 0
I 18 139 42 181 0

Total 575 81 1,181 224 2,061 755
Total Stream Impact for Project in the Roanoke River Basin: 2,061 linear feet

Wetland Impacts in the Cave Fear and Roanoke River Basins
Site Fill Mechanized Total Wetland River Basin
(ac) Clearing Impact (ac)
ac
1 6 0.001 0.002 0.003 Cape Fear
9 0 0.004 0.004 Roanoke
0.001 0.006 0.007
Total
Total Wetland Impact for Project: 0.007 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape
Fear and Roanoke River Basins 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 September 9, 2010, with additional information dated received December 2, 2010. Should your
project 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 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, 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.
Condition(s) of Certification:
Project Specific Conditions
1. Culvert extensions are not required to be buried unless existing culverts are embedded or the entire
culvert is replaced. For all other culverts, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambcd 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 NCDWQ. If this condition is unable to be
met due to bedrock or other limiting features encountered during construction, please contact NCDWQ
for guidance on how to proceed and to determine whether or not a permit modification will be
required.
2. The NCDOT Division Environmental Officer will conduct a pre-construction meeting with all
appropriate staff to ensure that the project supervisor and essential staff understand the potential issues
with stream and pipe alignment at the permitted site. NCDWQ staff shall be invited to the pre-
construction meeting.
3. NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) at
the sole stream crossing within the WS CA watershed. The HSCBs shall be located at Station
numbers -L- Station 33.60 to 34+50 Lt.
4. Modifications to this permit will be subject to Jordan Lake Buffer Rules as described in 15A NCAC
02B .0268 and DWQ's Intermittent Stream Policy effective October 16, 2009.
5. Compensatory mitigation for 406 linear feet of impact to streams in the Cape Fear River Basin and 755
linear feet of impact to streams in the Roanoke River Basin are required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for
the project. EEP has indicated in a letter dated May 11, 2010 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA
signed on April 12, 2004.
6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section
as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
7. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting.
Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include
establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent
practical. Also, any rip-rap that is shown in the permit is considered allowable. If additional rip-rap is
necessary to maintain the physical integrity of the stream, the applicant must provide written
justification and any calculations used to determine the extent of rip-rap coverage requested.
8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed.
9. For the 493 linear feet of streams being impacted due to site dewatering activities, the site shall be
graded to its preconstruction contours and revegetated with appropriate native species.
10. 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 minimize impacts to the stream banks, as well
as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer
impact for access to stream channel shall be temporary and be revegetated with native riparian species.
11. The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.
12. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to
biological criteria exceedances shall not discharge stormwater directly to surface waters.
Stormwater shall be treated using appropriate best management practices (e.g., vegetated
conveyances, constructed wetlands, detention ponds, etc.) prior to discharging to surface waters.
General Project Conditions
13. 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.
14. 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.
15. 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.
16. 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.
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
18. 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.
19. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ
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, NCDWQ may reevaluate and modify this certification.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
25. 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.
26. 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.
27. 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.
28. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form"
to notify NCDWQ when all work included in the 401 Certification has been completed.
29. 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.
30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
31. 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:
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 control 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 reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition 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 9th day of December 2010
DIVISION OF WATER QUALITY
? Coleen H. Sullins
`'" Director
WQC No. 003843