20040806 Ver 3_Approval Letter_20050625

s-
a Michael F. Easley, Governor
OF VIA 1-F9 William G. Ross Jr., Secretary
O? pG North Carolina Department of Environment and Natural Resources
co y Alan W. Klimek, P.E. Director.
r Division of Water Quality
July 25, 2005
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the Construction of Hope Mills Bypass from SR 1141 to SRI 132, Cumberland
County, State Project No. 8.2623601, TIP No. U-620, WQC Project No. 040806, WBS Element
34760.1.1
WQC No. 3465
Dear Dr. Thorpe:
Attached hereto is a modification to Certification No. 3465 issued to the North Carolina Department of
Transportation on July 25, 2005. The attached modification authorizes 0.35 acres of isolated wetland
impacts. This modification is applicable only to the additional proposed activities. All the authorized
activities and conditions of certification associated with the original Water Quality Certification dated
July 23, 2004 and all other corresponding modifications still apply except where superceded by this
certification.
If we can be of further assistance, please do not hesitate to contact us.
Sincerely,
;IaoW. Klimek, P.E.
Director
Attachments
Modifications to WQC No. 3465
cc: Richard Spencer, US Army Corps of Engineers Wilmington Field Office
Christopher Militscher, US Environmental Protection Agency - Region IV
Ken Averitte, NC DWQ Fayetteville Regional Office
Central Files
File Copy
Noy Carolina
Transportation Permitting Unit r/VWurally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http-//h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10 / Post Consumer Paper

APPROVAL OF 401 Water Quality Certification and 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 (DWQ)
Regulations in 15 NCAC 2H, Section .0500, and 15 NCAC 2B .0233. This certification authorizes the
NCDOT to place fill material in 0.35 acres of isolated wetlands. The project shall be constructed
pursuant to the application submitted on June 6, 2005. The application provides adequate assurance that
the discharge of fill material into the waters of the Cape Fear 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, as described
in the Public Notice. Should your project change, you are required to notify the DWQ 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 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 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:
Conditions from WQC No. 3465 issued July 23, 2004:
1. 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 assure compliance with the appropriate turbidity water quality standard.
a. The erosion and sediment control measures for the project must be design, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual. These 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.
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 Planning and Design 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. Any reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the application. All construction activities shall be performed so
that no violations of state water quality standards, statutes, or rules occur.
4. 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 within 30 days after the project has
been released.
5. 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.
6. NCDOT and its contactors and/or agents shall not excavate, fill, or perform mechanized land clearing
at any time in the construction or maintenance of this project within waters and/or wetlands, except as
authorized by this Certification, or any modification to this Certification. There shall be no
excavation from, or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation will be
required since it is a direct impact from road construction activities.
7. Excavation of stream crossings should be conducted in the dry unless demonstrated by the applicant
or its authorized agent to be unfeasible and approved by the DWQ. Sandbags, cofferdams, flexible
pipe or other diversion structures should be used to minimize excavation in flowing water.
8. 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 streambeds 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.
9. The natural dimension, pattern and profile of the streams above and below the crossing shall not be
modified by widening the stream channel or changing the depth of the stream except as approved by
this certification.
10. The removal of vegetation in riparian areas should be minimized. NCDOT is encouraged to use
existing on-site vegetation and materials for stream bank stabilization and to minimize the use of
riprap. Riprap shall not be placed in the stream bottom.
11. Riparian vegetation using native trees and shrubs, must be re-established within the construction
limits of the project by the end of the growing season following completion of construction to re-
establish the riparian zone and to provide long-term erosion control.

12. Heavy equipment should be operated from the bank rather than in the stream channel unless
demonstrated by the applicant or its authorized agent to be unfeasible and approved by the DWQ. 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
substances.
13. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened. Water that inadvertently contacts uncured concrete should not be discharged to surface
waters.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
15. NCDOT 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.
16. Mitigation:
Wetland Miti ag tion
Compensatory mitigation for 2.3 acres of wetland impacts shall be provided through the following
schemes:
• The NCDENR Ecosystem Enhancement Program has agreed to provide compensatory mitigation
for 2.82 acres of wetland impacts incurred for construction of U-0620. DWQ acknowledges that
the NCDENR Ecosystem Enhancement Program has agreed to provide compensation for the
subject project (reference EEP letters of March 3, 2004 and May 20, 2004).
Stream Mitigation
• The NCDENR Ecosystem Enhancement Program has agreed to provide compensatory mitigation
for 1215 feet of stream impacts incurred for construction of U-0620 (reference EEP letters of
March 3, 2004 and May 20, 2004).
17. 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.
18. All the authorized activities and conditions of the certification associated with the original Water
Quality Certification dated July 23, 2004 and all other corresponding modifications still apply except
where superceded by this certification.
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 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. 276 1 1-7447. If modifications are
[Wade 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 25's day of July 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
WQC No. 3465