20100782 Ver 1_Approval Letter_20110119

LhAsion of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
January 19, 2011. . .
Gregory'J. Thorpe, Ph.D., Environmental Management Director
North Carolina Department of Transportation;
FrojecbDevelopmentand Environmental Analysis Branch,.
r :1598 MaiL;Service Center
Raleigh ;fNorth Carolina, 27699-1598
Subject: 401. Water Quality'Certification Pursuant to Section 401 of the Federal Clean Water Act'.
} with Additional Conditions for the Proposed Widening of NC 49 from East of NC 73 to East
of SR 2630 (Cline Road), Cabarrus County, TIP No. R-2533CC, WBS 34448.1.1, NCDWQ
- .,. ` . Project No. 10-0782
Dear Dr. Thorpe:.
Attached hereto is a copy of Certification No. 003847 issued to The North Carolina Department of
Transportation (NCDOT) dated January 19, 2011.
If we can be of further assistance, do not hesitate to contact us.
S' rely/,
A-QAH. SbIlins
... Director
Attachments
cc: Sarah Hair, US Army Corps of Engineers, Asheville Field Office
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Marella Buncick, US Fish and Wildlife Service (electronic copy only)
William Gilmore, Ecosystem Enhancement Program
Jason Dilday, NCDOT PDEA
Larry Thompson, NCDOT Division 10 Environmental Officer
Sonia Carrillo, NCDWQ Transportation Permitting Unit
Polly Lespinasse, NCDWQ Mooresville Regional Office
Brian Wrenn, NCDWQ Transportation Permitting Unit
File Copy
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 One
Internet: http.,//portal.ncdenr.orgVweb/wq
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-' An Equal oppodunity l'Alfinnative Action: Empl6yer4 50'/ Rerycled/10% PcSt Consumer paper ({' {'b{ ?{ { L Q{ [L
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t F. Gregory?J. Thorpe
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I! 401,WaterQuality 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,certjfication authorizes the NCDOT to permanently impact 3,058 linear feet of
J jurisdictional streams, 0.32 acres of jurisdictional"wetlands, and temporarily impact 480 linear feet of streams in
Cabarrus;County., The project shall be constructed pursuant to the application received September 17, 2010,
and'additional information received December 29, 2010. The authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin R-2533CC
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Permit Site a;,/-
, Permanent Fill Jn` Temporary Fill W Permanent Fill ?, Temporary ?Total+w ; :StreamImpacts _
-
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Y;z ?Statlon Nos"' Intermittent Stream .ilntermittent ? `Perennial Stream (linear I ril Fill In t Stream Requiiing
at° x i (linear tt) ? ,ILV a Stream ' `, k ?F s i„1 ft) `f , ''4, Peionnial?,1 F Impact Mitigation +. }

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th Stream : :(linear ft) - r (linear ft)
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t•... ?.r M.Ar4..... .. is a`:'eL Y"Y ftL llnear.ll .. ll ... 1X?ul_}4 CS V. .. k:... ....b
242 If' (1081f for culverts,
' '. Site ,l/S.tatlon. 981f for bank stabilization 1251f 3671f 151 If

200+17/201+21-L-
and floodplain bench .
REV construction, 361f for stream -
• -. relocation
Site 2/Station ' - 85 If (46 If for culvert, 39 If 184 If 269 If 0.-
212-,13/212±79 1-- •, _ for bank stabilization
REV

' Site 4/Statio6 407 If (361 If for culverts, 46 39 If 446 If 4071f
218+26/219+34-L- It for bank stabilization)
REV

- 847 If (8371f for stream
5/Station
Site
Sabot
relocation, 101f for bank
847 If
8471f
-
9+90/12 stabilization)
REV RT

- Site.6/Station ` 437 If (371 If for culverts, 66
89 If
526 If
4371f
11+87/12+70-Yt- It for bank stabilization)
... ,REV, Station, .... ?... ,, .., .. ,,., ... .. ... ,, , .,. ...
12+11.6-Y16-REV

Site 7/Station 902 If (for stream relocation) 431f 945 If 902 If
219+45/219+59-L-
REV

20 If If 01f for culvert, 20 If 0
Site 8/Station 10 If for bank
11+06-Y16-REV-RT stabilization
Site 9/Station ..
18 If (for culvert)
.. .. ..
., --. 118 If
_
220+00/220+26-L-
REV LT
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Total .. s ' 1 r
r? ,yt1381f
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6 29201f,. f^z 480 It r
5,v , a, 3 536 I},
, , i h 2 7441}
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•91 linear feet of this Impact associated with the construction of a floodplain bench - no mitigation required
Total Stream Impacts for Project: 3,538 linear feet
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Thorpe z
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F Wetland impacts in the Yatlkin•River Basin,(Riverine) R2533CC
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t?3 ?.. °.d ? l r `d SIB}c c ti -ice •, - ! ..• .' .JTotal Wetland Impacts for Project: 0.32 acres,. ,
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A'?Theapplrcatcon`provides adequate assurance.that the discharge of fill material into the waters of the Yadkin
Riverasin,and;associated wetlands; in conjunction with the proposed development will not result in a violation
y..F of applicableMater Quality Standards and'discharge guidelines.- Therefore, the State of -North Carolina
'sicertifies..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 September
2010, and received September 17, 2010,'with additional information submitted on.December 29, 2010.
Should,your project change,, you are required to-notify the NCDWQ and.submit anew application: If the -
prop erty.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
s i.. Erosion control,, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This
4 Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Conditions of Certification:
1. The use"of riprap at Permit Sites "l and 4 shall be minimized to the greatest extent practical and should
mbe limited to the streambanks. If riprap is placed in the streambeds of the relocated Unnamed
- Tributary (UT)'to Adams Creek (Permit Site 1) or the UT to McAllister Creek (Permit Site 4), it shall be
embedded such that low flow of water and aquatic passage are not impeded.
- 2. All riprap used for streambank stabilization, ditchline stabilization along streambanks and floodplain
bench construction, shall be of sufficient size to prevent migration of the riprap into the active stream
channel.

3.. The floodplain bench at the outlet of the culvert on Adams Creek (Permit Site 1) shall be constructed
as per Detail Sheet 2-Y, and shall include coir fiber.matting.
Dr. Gregory J Thorpe
;Page Four
4x' } An'I 800mm,RCP, conveying a jurisdictional.stream, at Permit Site 4 will be discharging into a 2.7m x
The slope of
w !;'
outlet. concrete box culvert, approximately nine (9) feet from the culvert
the' 1800mm RCP is greater than 5%. Please be advised that if stream destabilization occurs at the
culvert outlet due to energy dissipation, NCDOT will be required to install corrective measures to
v adiiress the stream destabilization.
S `The stream, at Permit Site 5 will be relocated to a culvert. If the stream heeds to be reconstructed at_
the culvert inlet to allow for proper alignment with the culvert, NCDOT shall notify the Division 10
Environmental Officer and/or Environmental Specialist to ensure that the stream .
realignment/reconstruction does not result in further impacts or stream destabilization.
6. Compensatory mitigation for 2,744 linear feet of impact to streams is required. We understand that the.
+~ North, Carolina Ecosystem Enhancement Program (EEP) has, agreed to implement the stream
mitigation for the project. EEP has'indicated in a letter dated August 16, 2010, that they will assume.
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
-Party MOA signed on July 22, 2003 and the Dual-
above=referenced project, in accordance with the Tri
Party MOA signed on April 12, 2004.
'-Unless'otherwise approved imthis certification, placement of culverts and other structures in open
waters and streams shall be placed below the elevation of the streambed by one foot for all culverts
with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having.a.
diameter, less than 48 inches, to allow low flow passage of water and aquatic life. Design and
placement of culverts and other structures including temporary erosion control measures shall not be
.'conducted in a manner that may resulfin dis-equilibrium of wetlands or streambeds or banks, adjacent"
a: to-or upstream, and down stream 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
Jo 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. .
«1.8: 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 fqr..elevated pH and possible aquatic life and
i fish kills.
` 9.. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
12. 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.
13. 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.
i„Dc.GregoryJ::Thorpe
k Pa"ge Five'
14.°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
a .
"materials.
;.. 5. No rock,, sand or other materials shall be dredged from the stream: channel except where authorized
„by,this`certification.
`'shit 16+,Discharging hydroseed mixtures and washing out-hydroseeders and other equipment in or adjacent to
inlY t surface:waters is prohibited.
a'17 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
,? taor, achieveduse)"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.
xt
p 18 "AII?fill slopes located in jurisdictional'wetlands shall be placed at slopes no,flatter than 3:1, unless
`"
otherwise authorized by this certification.
xr 19'A'copyof this Water Quality Certification shall be maintained on the construction site at all times. In
%4 Madditionl the Water Quality Certification and all subsequent modifications, if any, shall be maintained
withthe Division Engineer and the on-site project manager.
,.
20. 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.
21. 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.
22. The Permittee•shall report any violations`of this certification`to the Division of Water Quality within 24
hours of discovery.
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT (or their authorized agent) shall complete and return the enclosed "Certification of Completion
Form" to notify NCDWQ when all work included in the 401 Certification has been completed.
24. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of
the project by the end of the growing season following completion of construction.
25. 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.
26. 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:
Dr Gregory J. Thorpe
_ 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
f .' 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.
27. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
s
' 28: No drill'slurry or water that has been-in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
29. 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.
30. Pipes and-culverts used exclusively to maintain equilibrium-in wetlands, where aquatic life.passage is
not a concern, shall not be buried. These pipes shall be installed at natural ground elevation.
31. 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 Permit. This Certification shall expire upon the
expiration of the 404 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
Dr. Gregory J. Thorpe
Page Seven
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 19'h day of January 2011
DIVISION OF WATER QUALITY
(l, ?oleen H. Sullins
vv Director
WQC No. 003847