20150362 Ver 1_Approval Letter_20150602

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 2, 2015
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Donald R. van der Vaart
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed improvements to Interstate 85 (I-85) widening and
interchange improvements from north of NC 73 (Davidson Highway/Exit 55) to north of SR 2180 (Lane
Street/Exit 63) in Cabarrus and Rowan Counties, Federal Aid Project No. FANHIMF-085-2(61)55
TIP I-3802A �
NCDWR Project No. 20150362v.1
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. 004022 issued to The North Carolina Department of Transportation
(NCDOT) dated June 2, 2015.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
S.
��
S. y Zimmerman, Dire or
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 A�rmative 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 Resources (NCDWR) Regulations in 15 NCAC 2H.
This certification authorizes the NCDOT to impact 0.41acres of jurisdictional wetlands and 4,904 linear feet of
jurisdictional streams in Cabarrus and Rowan Counties. The project shall be constructed pursuant to the application dated
received April 15, 2014. The authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin
Permanent Temporary
Permanent Fill Temporary Fill ��� �n Fill in Total Stream Stream Impacts
in Intermittent in Intermittent Requiring
Site Perennial Perennial Impect
Stream Stream Mitigation
Stream Stream (linear feet)
(linear ft) (linear ft) (linear ft)
inear ft linear ft
1 15 10 -- -- 25 0
2 -- -- 137 30 167 ,. 0
3 -- -- 15 20 35 0
4 21 20 -- -- 41 0
6 95 -- -- -- 95 0
7 140 10 -- -- 150 140*
7A 120 -- -- -- 120 120*
8 -- 15 -- -- 15 0
9 9 5 -- -- 14 0
9A 5 5 -- -- 10 0
10 666 30 -- -- 696 666
l0A 7 12 -- -- 19 7
12 -- -- 47 30 77 0
12A -- -- 21 20 41 0
14 109 16 -- -- 125 0
15 103 4 -- -- 107 0
17 -- -- 28 16 44 0
17A 8 10 -- -- 18 0
17B -- -- 6 5 11 0
18 -- -- 185 35 220 185
19 356 15 -- -- 371 356
20 -- -- 34 20 54 0
21 -- -- 225 20 245 225
22 -- -- 145 10 155 0
23 146 75 -- -- 221 0
24 80 10 -- -- 90 0
25 -- -- 98 10 108 0
27 -- -- 101 19 120 0
28 -- -- 192 29 221 192
29 128 8 -- -- 136 0
30 115 21 -- -- 136 0
31 37 Il -- -- 48 0
32 - -- ]06 23 129 0
34 674 -- -- -- 674 674
35 -- -- 99 30 129 0
UC-1 -- -- -- 37 37 0
TOTAL: 2,834 277 1,439 354 4,904 2,565
" I he combmed �mpac[s tor [he stream exceed I SU Imear teet and therefore reqwre mrt�gat�on.
Totaf Stream Impact for Praject is 4,904 linear feet (2,565 of which require mitigation)

Wetland Impacts in the Yadkin River Basin
Fi I I Total Impacts
Fxcavation Mechanized Hand
Site Fill (ac) (temporary) (ac) Clearing (ac) Clearing (ac) �'etland Requiring
(ac) Impact (ac) iVTitigation (ac)
13 0.08 -- -- -- 0.01 0.09 0.08
14 <0.01 -- -- <0.01 0.01 0.00
16 <0.01 -- -- -- <0.01 <0.01 0.00
19 -- -- <0.01 -- -- 0.00 0.01
23 0.10 -- -- -- <0.01 0.10 0.10
24 <0.01 -- -- -- <0.01 0.00 0.00
26 -- -- -- -- 0.02 0.02 0.00
33 0.11 -- 0.04 -- 0.02 0.17 0.15
Total 0.30 0.00 0.04 0.00 0.07 0.41 0.34
Total Wetland Impact for Project is 0.41 acres (0.34 acres of which require mitigation)
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin River Basin 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 April 15, 2015.
Should your project change, you are required to notify the NCDWR 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.
Conditions of Certification:
Project Specific Conditions ,
l. The NCDOT Division Environmental Officer or Environmental Assistant 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. NCDWR staff shall be invited to the pre-construction
meeting. [ I SA NCAC 02H.0506(b)(2) and (b)(3)]
2. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
[15A NCAC 02H .0506(b)(2)]
3. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
4. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the 6ridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices. [ 1 SA
NCAC 02H .0507(d)(2) and l5A NCAC 02H .0506(b)(5)]
5. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from the NCDWR first. [ISA NCAC 02H.0506(b)(2)]
6. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and
then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the bottom of the surface water. [ 15A NCAC 02H .0506(b)(3)]

7. 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. [15A NCAC 02H .0506(b)(3)]
8. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,
on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the
NCDWR. [15A NCAC 02H .0506(b)(3)]
9. 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.
[15A NCAC 02H.0506(b)(2)]
]0. The NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) at stream
crossings within the Critical Area (CA) watershed. The HSCBs shall be located at Station numbers:
• HSB-1 from Station 388+15 to 390+35 -L- LT
• HSB-2 from Station 409+50 to 41 1+35 -L- LT
• HSB-3 from Station 412+80 to 417+15 -L- LT
• HSB-4 from Station 425+60 to 432+'75 -L- LT
• HSB-5 from Station 440+25 to 442+30 -L- LT
• HSB-6 from Station 447+65 to 448+55 -L- LT
• HSB-7 from Station 478+00 to 478+g0 -L- LT
1 1. 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. [15A NCAC 02H.0506(b)(2)]
12. For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW) or Water Supply 11 (WSII) stormwater shall be directed to vegetated buffer areas, grass-lined
ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. [15A NCAC
02B.0224 and 0225]
13. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction
with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with
the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion
control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place
with staples, stakes, or wherever possible, live stakes of native trees. For the establishment of temporary
groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited.
Riparian areas are defined as a distance 25 feet landward from top of stream bank. [1 SA NCAC 02H.0506(b)(2)]
14. Erosion control matting placed in riparian areas shald not contain a nylon mesh grid, which can impinge and
entrap small animals. [15A NCAC 02H.0506(b)(2)]
15. 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. [ISA
NCAC 02H.0506(b)(2)]
? 6. The permittee shall employ Desibn Standards ir. Sensitive Wat�rsheds (15A NCAC 4B.0124[a]-[e]) in areas
draining to WS-11 or HQW waters. However, due to the size of the project, the NCDOT shall not be required to
meet 15A NCAC 4B A 124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat,
millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business
days of ground disturbing activities to provide erosion control.
17. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, need not be buried. These pipes can be installed at natural ground elevation. [ 15A NCAC
02H.0506(b)(2) and (b)(3)]

18. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO1000. Please note the extra protections.for the sensitive watersheds.
19. Mitigation
a. Compensatory mitigation for 2,565 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigation Service (DMS), and that the DMS has agreed to implement the mitigation for the
project. The DMS has indicated in a letter dated April 13, 2015 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010. [15A NCAC
2H.0506(h)] . �
b. Compensatory mitigation for impacts to 0.34 acres of wetlands is required. We understand that you have
chosen to perform compensatory mitigation for.impacts to wetlands through the North Carolina Division
of Mitigation Services (DMS), and that the DMS has agreed to implement the mitigation for the project.
DMS has indicated in a letter dated April 13, 2015 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in
accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. [15A NCAC 2H.0506(h)]
20. When final design plans are completed for I-3802, Section B, a modification to the 401 Water Quality
Certification shall be submitted with appropriate fees to the NC Division of Water Resources. Final designs shall
reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface
waters, and buffers. No construction activities that impact any wetlands, streams, surface waters, or buffers
located in I-3802 Section B shall begin until after the permittee applies for, and receives a written modification of
the 401 Water Quality Certification and the from the NC Division of Water Resources. [15A NCAC 02H.
0506(b)]
General Conditions
21. Unless otherwise approved in this 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 d;ameter 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 down stream of the above structures. The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is
unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR
for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A
NCAC 02H.0506(b)(2)]
22. 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. [15A NCAC 02B.0200]
23. 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. [15A NCAC 02H.0506(b)(2)]
24. 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. [15A NCAC 02H.0506(b)(2)J
25. 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. [15A
NCAC 02H.0506(b)(2)]
26. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approvaL [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
27. 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. [15A
NCAC 02H.0506(b)(3) and (c)(3)]

28. 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. [15A NCAC 02H.0506(b)(3)]
29. Al( 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. [ISA NCAC
02H.0506(b)(3)]
30. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
3 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
32. 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 the NCDWR 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, the NCDWR may reevaluate and modify this
certification. [15A NCAC 02B.0200]
33. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
34. 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 [15A NCAC 02H.0506(b)(3) and (c)(3)]:
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, ar exceed, the rcquiremerits specified in ±he most recent version of the North Carolina
Sediment and Erosion Contro! Manzial. 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.
35. 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. [15A NCAC 02H.0501 and
.oso2�
36. 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.
37. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
38. 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. [ 1 SA NCAC 02B.0506(b)(2)]
39. 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.[ISA NCAC 02H.0506(b)(3) and (c)(3)]

40. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
4 L The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
42. 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 the NCDWR when al)
work included in the 401 Certification has been completed. [15A NCAC 02H,0502(fl]
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.
[f 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:OOam and S:OOpm, 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)-431-3100
A copy of the petition must also be served on DENR as follows;
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 2nd day of June 2015
DIVISION OF WATER RESOURCES
� ��������
S. Jay Zimmerma�n' , Director
Division of Water Resources
WQC No. 004022

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���"�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.: _
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be. built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunily 1 Affirmative Action Employer