20150362 Ver 2_Approval Letter_20150629

Pat McCrory
Governor
���
NCDENR
North Carolina Department of Environment and Natural Resources
Donald R van tler Vaarl
Secrelary
June 29, 2015
Caba�rus and Rowan Counties
NCD W R Project No. 20150362v.2
Improvements to I-85 from NC 73 to SR 2180
TIP I-3802A
APPROVAL of 401 WATER QOA WTY CF.RTIFICATION with ADDITIONAL CONDITIONS
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Departmen[ of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Hancock:
This Certification is a RE-ISSUANCE of 20150362 version I issued June 2, 2015 and is being
issued due to a change in the type of permit issued by the USACE. This Certification replaces the
previous version.
You have our approval, in accordance with the conditions listed below, for the following iinpacts for the purposes of
widening Interstate 85 (I-85) and improving interchanges from north of NC 73 (Davidson Highway/Exit 55) to notth
of SR 2180 (Lane Street/Exit 63) in Cabarrus and Rowan Counties:
Wetland Impacts in the Yadkin River ►3asin
F��� EYCflvntion Mechanized Hflnd Totfll Impnets
Site F711 (ac) (temporary) Wetland Requiring
���� (ae) Clearing (ac) qearing (ac) hupact (ac) Mitigation (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 (034 acres of which require mitigation)
1617 Mail Service Centei, Raleigh, Nor�h Carolina 27699-1617
Phone: [phone] In�erneU www.ncdencgov
An Equal Oppotlunity 1 Ff(umative Aclion 6nployer

Stream Impacts in the Yadkin River 6as1n
Permanent Temporary Stream Im cts
Permanent FII Temporary FII ��� �� ��� �n Total Stream �
in Intermittent in Intermittent Requiring
Site Perennial Perennial Impact ryLti ation
SMeam Stream g
Stream Stream (linear feet) �near Pt
(linear R) (linear ft) ��near R inear ft � �
I IS 10 -- — 25 0
Z __ -- 137 30 167 0
3 __ __ IS 20 35 0
4 21 20 — -- 41 0
6 95 -- -- -- 95 0
7 140 10 -- -- I50 140*
7A 120 -- -- -- 120 120*
8 -- I S -- -- 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 I6 -- -- 125 0
15 103 4 -- -- 107 0
17 -- -- 2S 16 44 0
VA 8 10 - -- IS 0
17B -- -- 6 5 II 0
�g __ __ 185 35 220 185
19 356 l5 -- -- 371 356
20 -- -- 34 20 54 0
2� _� -- 225 20 245 225
ZZ __ -- 145 10 155 0
23 146 75 -- -- ZZ� 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 __ -- 106 23 129 0
34 674 -- -- -- 674 674
35 -- -- 99 30 129 0
UG 1 '- -- -- 37 37 0
TOTAL: 2,834 277 1,439 354 4,904 2,565
' The combined impacls Cor [he slream exceed I50 linear feel and [herefore require mi[igation.
Total Stream Impact for Project is 4,904 linear feet (2,565 of which require mitigat�on)
The project shall be constructed in accordance with your original application dated received April 15, 2015. After
reviewing your application, we have decided that these impacts are covered by General Water Qualiry Certification
Number 3886. This certification corresponds [o the General Permit 31 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your projec[ change, you must notify [he NCDWR and submit a new application. If the proper[y 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 lineaz feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions lis[ed below.

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 alignmen[ at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [i5A NCAC 02H.0506(b)(2) and (b)(3)]
2. The post-construction removal of any [emporary bridge strucwres must remrn the project si[e to its
preconstruction con[ours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)]
3. As a condition of [his 401 Water Quality Certification, the bridge demolition and construc[ion must be
accomplished in strict compliance with Ihe most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
4. Bridge deck drains shall not discharge directly in[o the stream. Stormwater shall be directed across the
bridge and pre-heated 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
M�nagement Practices. [15A NCAC 02H .0507(d)(2) and ISA 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 [he 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. [ 15.4 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. [ I SA 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. [ISA 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 tha[ requires increased
maintenance and disrupts aquatic life passage. [ISA NCAC 02H.0506(b)(2)]
10. The NCDOT shali 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+g0 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+80 -L- LT
1 I. 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 [o

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 Emironmental Management Commission as High
Quality Waters (HQW) or Water Supply [I (WSII) stormwacer 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 directty into streams. Mowing of existing vegetated buffers is strongly discouraged.
[i5A NCAC 02B.0224 and 0225j
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 wntained
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 ar cellulose
mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top
of stream bank. [ 15A NCAC 02H.0506(b)(2)]
14. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and
entrap small animals. [15A NCAC 02H.0506(b)(2)]
I5. 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. [15A NCAC 02H.0506(b)(2)]
16. The permittee shall employ Design Standards in Sensitive Watersheds (l5A NCAC 4B.0124[a]-[e]) in
areas draining to WS-I[ or HQW waters. However, due to the size of the project, the NCDOT shall not be
required to meet 19p NCAC 4B .0124(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 I S 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
concem, need not be buried. These pipes can be installed at natural ground elevation. [ISA NCAC
02H.0506(b)(2) and (b)(3)]
l8. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCG01000. 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 far 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
Inshument signed July 28, 2010. [ISA NCAC 2H.0506(h)]
b. Compensatory mitigation for impacts to 034 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 [he
mi[igation for the project. UMS has indicated in a letter dated April l3, 2015 that they will
assume responsibility for satisfying [he federai Clean Wa[er Act compensatory mitigation
requirements for the above-referenced project, in accordance with DMS's Mitigation Banking
Inshument signed July 28, 2010. [15A NCAC 2H.0506(h)]
20. When final design plans are completed for 1-3802, 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 [-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 Wa[er Resources. [ISA NCAC 02H. 0506(b)]
General Conditions
21. Unless otherwise approved in this certification, placement of wlverts 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
strucwres 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. Ifthis 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 detennine
whether or not a permit modification will be required [15A NCAC 02H.0506(b)(2)]
22. If concrete is used during cons[ruction, a dry work area shall be maintained to prevent direct contact
between curing concre[e and stream water. Water that inadvertentty contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[ I SA NCAC 02B.0200]
23. During the construction of the projec[, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. [ I SA 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.
[ I SA NCAC 02H.0506(b)(2)]
25. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for siream stabilization shall be placed in strearn channels in such a manner that it does not
impede aquatic life passage. [ I SA 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 ISA 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. [I SA NCAC 02H.0506(b)(3)]
29. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamina[ion of stream waters from fuels, lubricants, hydraulic Fluids, or other toxic materials.
[ I SA 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. [1SA NCAC 02H.0506(b)(3)]
31. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacen[ to surface
waters is prohibited. [ISA 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 appropria[e requirements of State and Federal law. [fthe 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. [ISA 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 certificatioa [ISA 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 [ISA NCAC 02H.0506(b)(3) and (c)(3)]:
a. The erosion and sediment control measures far the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sedrment and Erosion
Contro[ 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 pi[s associated with the project.
a For borrow pit sites, the erosion and sediment con[rol 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 bcated 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. [ISA NCAC
02H.0501 and .0502]
36. The issuance of this certification does not exempt the Permittee from complying with any and all s[atutes,
rules, regulations, or ordinances thzt may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdicti�n, including but not limited te 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. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
38. Native riparian vegetation must be reestablished in the riparian areas within the conshuction limits of the
project by the end of the growing season following completion of construction. [ l5A 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 &om 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
Ihe Division Engineer and the on-site project manager. [i5A NCAC 02H .0507(c) and ISA NCAC 02H .0506
(b)(2) and (c)(2)]
41. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ I SA 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 [he enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [ISA NCAC 02H.0502(�]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may ob[ain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixry (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 Ihrough Friday between the hours of 8:OOam 2nd S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided lhe original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following tlie faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-67I4
Telephone: [phone]Q Facsimile: (919)-431-3100
A copy of [he petition mus[ also be served on DENR as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmen[ and Natural Resources
1601 Mail Service Center
This letter completes the review of Ihe Division of Water Resources under Sec[ion 401 of the Clean Water AcL If you
have any questions, please contact David Wainwright at [phone] or David. [e-mail].
Sincerely
� ���-�� -_ ���
S. Jay�immerman, P.G.
Direc[or, Division of Water Resources
Electronic copy only distribution:
Crys[al Amschler, US Army Corps of 8ngineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Colin Mellor, NC Department ofTransportation
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Pro[ec[ion Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

���'�
w
NCDENR
North Carolina Department of Environment and Natural Resources
Paf McCrory
Governor
NCDWR Project No.:
Applicanh
Project IVame:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R van der Vaarl
Secretary
Certiticate of Completion
Upon completion of all work approved within Ihe 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applican[ is required to retwro Ihis certifica[e to lhe 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fonn
may be returned to NCDWR by tlie applicant, [he applicanPs authorized agent, or the project engineer. It is not
necessary to send certificates from all of tliese.
App(icnn�'.s Certifirntion
�, , 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
cotnpliance and intenC of the 401 Water Quality Certification and 6uffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: _ _ Uate:
Ageitt's Certifiention
�� , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the constivction such Ihat the construction was observed to be built within subs[antial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Cer!lfienlion
Partial Final
�, , as a duly registered Professional Engineer in Ihe State of North
Carolina, having been authorized to observe (periodical ly, weekly, ful I time) �he consLVCtion of the project for the
Permittee hereby state that, ro the best of my abilities, due care and diligence was used in the observation of the
conshvetion such that the construction was observed to be built within substantial compliance and inlent of the 401
Water Quality Certification and Buffer Rules, the approved plans Tnd spccifications, and other supporting materials.
Signatw'e
Date
Regis[ration No.
1617 Mail Service Cen�er, Raleigh, Norlh Carolina 27699-1617
Phane�, 919-807-6300 \ Internet: www,ncdenr.gov
An Equal OppoAunity 1 Affinnalive Aclion Employer