20021105 Ver 1_Approval Letter_20030304

1
�0F W ATF9Q Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
co r Alan W Klimek P E Director
=1 DIVI31of A ater Quality
� Y
Dr Gregory J Thorpe PhD Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dear Dr Thorpe
RECEIVED \
N C Deot of uo
March 4 2003 OCT 0 !3a2005
Winston ,L-
Reglona! office
Re 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
Proposed upgrade and connector to Cook Road (SR 1311) from US 70 to NC 100 in Alamance County
WQC Project No 021105
Attached hereto is a copy of Certification No 3413 issued to The North Carolina Department of Transportation
dated March 4 2003
If we can be of further assistance do not hesitate to contact us
Sincerely
vl
Klime E
Attachments
cc Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
Ron Ferrell Wetlands Restoration Program
Central Files
File Copy
N C Division of Water Quality 1650 Mad Service Center Raleigh NC 27699 1650 [phone]
Customer Service 1 800 623 7748
� L

OF \NATF�4 William F Easley Governor
G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
co r Alan W Klimek P E Director
p �
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and
95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 2H Section 0500 This certification authorizes the NCDOT to place fill material in 0 65 acres Excavate
0 19 acres and perform mechanized clearing in 0 08 acres of jurisdictional wetlands In addition the certification
authorizes the placement of fill material into 777 linear feet of streams The project shall be constructed pursuant to
the application dated December 12 2002 and the subsequent addendum submitted on February 10 2003 to
construct the proposed upgrade and connector to Cook Road (SR 1311) from US 70 to NC 100 in Alamance County
(WQC Protect No 021105)
The application provides adequate assurance that the discharge of fill material into the waters of Michael Branch
Creek 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 as described in the
Public Notice Should your project change you are required to notify the DWQ and you may be required to 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 additional wetland impacts or stream
impacts for this project (now or in the future) occur 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 three years from the date of the
cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers Permit
whichever is sooner
Condition(s) of Certification
Appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual whichever is more appropriate (available from the Division of
Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in all fresh water streams and rivers not designated as trout waters 25 NTUs in all lakes and
reservoirs and all saltwater classes and 10 NTUs in trout waters)
2 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable
they shall be removed and the natural grade restored after the Division of Land Resources has released the
project
3 If an environmental document is required this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse All water quality related conditions (including the
environmental commitment section of the Final Environmental Impact Statement) of the FONSI or ROD
shall become conditions of this Certification
4 Live or fresh concrete shall not be allowed to come into contact with waters of the state until the concrete
has hardened
N C Division of Water Quality 1650 Mad Service Center Raleigh NC 27699 1650 [phone]
Customer Service 1 800 623 7748

Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
5 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this certification Should waste or borrow sites be located
in wetlands or surface waters compensatory mitigation will be required since it is a direct impact from
road construction activities
All channel relocations will be constructed in a dry work area and stabilized before stream flows are
diverted Channel relocations will be completed and stabilized prior to diverting water into the new
channel Whenever possible channel relocations shall be allowed to stabilize for an entire growing
season Vegetation used for bank stabilization shall be limited to native woody species and should
include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both
sides of the relocated channel to the maximum extent practical A transitional phase incorporating coir
fiber and seedling establishment is allowable Also rip rap may be allowed if it is necessary to maintain
the physical integrity of the stream but the applicant must provide written justification and any
calculations used to determine the extent of rip rap coverage requested
7 Compensatory mitigation shall be done for 0 92 acres of jurisdictional wetlands Using a mitigation ratio
of 2 1 184 acres of compensatory mitigation is required We understand that you have chosen to perform
mitigation through an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP) and
that the WRP has agreed to implement mitigation for the project In accordance with 15A NCAC
2R 0500 the contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2H 0506(h) Until the Wetland Restoration Program receives and clears your check (made payable to
DENR — Wetland Restoration Program) wetland or stream fill shall not occur Mr Ron Ferrell should be
contacted at 919 733 5083 ext 358 if you have any questions concerning the Wetland Restoration
Program The payment to NCWRP shall be sent within two months of issuance of the 404 permit
8 Upon completion of the project the NCDOT shall complete and return the enclosed Certification of
Completion Form to notify DWQ when all work included in the 401 Certification has been completed
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project
Placement of culverts and other structures in waters streams and wetlands must be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to
DWQ that providing passage would be impractical 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 stream beds or banks adjacent to or upstream and down stream of the above
structures The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ
10 Impacts to jurisdictional wetlands and surface waters are authorized for Section A only When final
design plans are completed for the Section B of the project any additional impacts will require a
modification to the 401 Water Quality Certification Review of the preliminary designs for Section B
indicate that no impacts to wetlands or surface waters are anticipated at this time However no impacts to
any jurisdictional wetlands or waters in Section B are permitted without modification to this 401 Water
Quality Certification A modification to the 401 Water Quality Certification would require submittal of
seven copies of the application and appropriate fees to the NC Division of Water Quality Final designs
shall reflect all appropriate avoidance mimmization and mitigation for impacts to wetlands streams and
other surface waters and buffers Construction activities that impact any wetlands streams and other
surface waters or buffers located in the referenced section shall begin only after NCDOT applies for and
receives a modified 401Water Quality Certification from the NC Division of Water Quality
N C Division of Water Quality 1650 Mad Service Center Raleigh NC 27699 1650 [phone]
Customer Service 1 800 623 7748

W ATF9
QG
Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
11 Compensatory mitigation for impacts to 777 linear feet of streams shall be provided by on site stream
mitigation The stream relocation from Station L 12 +20 to L 13 +80 shall provide 780 linear feet of stream
mitigation The stream shall be built according to the plans submitted with the December 12 2002
submittal except where modified by the February 12 2002 email subinittal and the requirements in
Condition 13 of this Certification
12 For the stream relocation from station L 12 +20 to L 13 +80 the locations of the proposed cross vanes need
to be relocated to the bottom 1/3 of the stream glides Prior to incurring any impacts to jurisdictional
wetlands or surface waters in Section A of the project NCDOT shall submit and receive written approval
from the NCDWQ revised engineering construction plans that reflect the required changes As part of the
engineering plans submitted for approval DOT shall include a copy of the latest stream plan view
longitudinal profile morphological table riparian planting plan and all engineering details
13 The relocated stream from Station L 12 +20 to Station L 13 +80 shall adhere to the following stream
monitoring protocols (listed below) until NCDWQ approves the submitted monitoring reports and releases
the site from monitoring requirements —
Stream Geomorphological Assessment
• The stream shall be monitored for a duration of 5 years from end of construction (channel
modifications and vegetation planted)
• The data shall be collected and submitted to the NCDWQ and the US Army Corps of Engineers in the
1st 3rd 5th years after construction
• The stream dimension shall be measured using permanent cross sections (surveyed or GPS)
established at a distance of 1 per every 20 bankfull widths
• The measurements for dimension shall include a measurement of the stream width/depth ratio
entrenchment ratio and low bank height ratio (low bank height/max bankfull depth)
• The stream pattern shall be ascertained through measurements of stream sinuosity meander width
ratio and radius of Curvature (on newly constructed meanders only for 1st year monitoring)
• The stream profile shall be assertained by measurement of stream slope including the average poll
amd riffle slope as well as the overall stream slope and the pool to pool spacing
• Pebble Counts for the stream shall be performed and presented to the NCDWQ
Stream Vegetative Assessment
• Riparian Buffers must be planted to achieve such that survival of 320 stems /acre for trees after five
years is attained Tree densities of less than the proscribed amount will necessitate remedial actions
by NCDOT
14 The permittee shall require its contractors (and/or agents) to comply with all of the terms of this
certification and shall provide each of its contractors (and/or agents) a copy of this certification
Violations of any condition herein set forth shall 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
N C Division of Water Quality 1650 Mad Service Center Raleigh NC 27699 1650 [phone]
Customer Service 1 800 623 7748

�0F WATF9p Michael F Easley Governor
William G Ross Jr Secretary
`O G North Carolina Department of Environment and Natural Resources
r Alan W Klimek P E Director
o �
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings P O Box
27447 Raleigh N C 27611 7447 If modifications are made to an original Certification you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification Unless such demands are made this Certification shall be final and binding
This the 4`s day of March 2003
OF WATER QUALITY
WQC No 3413
N C Division of Water Quality Mail Service Center Raleigh NC 27699 1650 [phone]