20071823 Ver 1_Approval Letter_20080228

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February 28, 2008
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for the Proposed Widening of US 1 from
SR 1528 in Richmond County to Existing Multi-Lanes North of the Moore County
Line, State Project No. 6.589009T, TIP No.R-2502B, WBS No. 34438.1.1, DWQ No.
07-1823
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3732 issued to The North Carolina Department of
Transportation (NCDOT) dated February 28, 2008.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
for Coleen H. Sullins
Director
Attachments
cc: Richard Spencer, US Army Corps of Engineers, Wilmington Office
Ken Averitte, DWQ Fayetteville Regional Office
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
William Gilmore, Ecosystem Enhancement Program
Polly Lespinasse, DWQ Mooresville Regional Office
James Pflaum, PDEA, NCDOT
File Copy
N~o e~Caro~~;na
Transportation Permitting Unit ~QtllCQlllf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:/Ih2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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 Quality (DWQ)
Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to permanently impact 5.18
acres and to temporarily impact 3.33 acres of wetlands in Richmond and Moore Counties. The project
shall be constructed pursuant to the application received October 30, 2007. The authorized impacts are as
described below:
't'able 1 - xiverme W etlana lIUPacts m the L,umper xiver nasm
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~~~
Site #1,
Station 0.23
394+82 to 0.04 0.02 Utility 0.29
395+73 Relocation
Site #2,
~
Station 0.43
411+98 to 0.09 0.09 Utility 0.61
414+00 Relocation
Site #3,
Station 1.27
', 414+51 to 0.62 0.21 Utility 2.10
424+07 Relocation
Site #4,
Station
418+26 to 0.39 0.10 0.49
423+95
Site #5,
Station
426+56 to 1.13 0.14 1.27
432+28
Site #6,
Station
427+54 to 0.03 0.09 0.12
432+25
Site #7,
Station
436+25 to 1.19 0.28 1.47
447+51

Site #8,
Station
436+24 to 0.50 0.26 0.76
447+01
Site #9,
Station 1.40 1.40
432+17 to
435+37
Total 3.99 1.19 3.33 8.51
Total Riverine Wetland Impacts for Project: 8.51 acres
Total Riverine Wetland Impacts Requiring Mitigation: 5.18 acres
The application provides adequate assurance that the discharge of fill material into the waters of the
Lumber 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 October 30, 2007. 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 any additional wetland or stream impacts, for this project (now or in the future) exceed one acre or 150
linear feet, respectively, additional compensatory mitigation maybe 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 Storm
Water, 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:
1. Four (4) hazardous spill basins must be constructed and maintained as depicted on the plans,
specifically at Permit Sites 3, 7 and 8 and south of Permit Site 5.
2. The bridge over Drowning Creek shall capture all storm water and direct it to a hazardous spill
basin(s). For projects impacting waters classified by the North Carolina Environmental
Management Commission as High Quality Waters (HQW), storm water shall be directed to
vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose
ofpre-treating storm water runoff prior to discharging to into streams. Mowing of existing
vegetated buffers is strongly discouraged.
3. NCDOT shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)] for the
portion of the project north of SR 1004 (Bostick Road). However, due to the size of the project,
NCDOT shall not be required to meet 15A NCAC 4B.0124(a) regarding the maximum amount of

uncovered acres. Temporary cover (wheat, millet or similar annual grain) or permanent
herbaceous cover should e planted on all bare soil within 15 working days of ground disturbing
activities to provide long-term erosion control. Erosion control matting should be used in
conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep
slopes are defined as those slopes graded at an angle which cannot retain vegetative cover.
Matting shall be secured in place with staples or wherever possible, live stakes of native trees.
Straw mulch and tall fescue shall not be used in riparian areas.
4. In accordance with commitments made in your application, all clearing of vegetation for the
purpose of relocating utility lines within jurisdictional wetlands shall be performed without the
use of mechanized equipment.
5. Strict adherence to the most recent version of the NCDOT's Best Management Practices for
Bridge Demolition and Removal, approved by the US Army Corps of Engineers, is a condition of
this 401 Water Quality Certification.
6. The post-construction removal of the temporary work bridge at Drowning Creek must return the
site to its preconstruction contours and elevations. The impacted areas shall be revegetated with
appropriate native, wetland, woody species, consistent with those species removed (e.g.,
Taxodium spp.)
Due to the possibility that compaction and/or other site alterations might prevent the temporary
wetland impact areas from re-attaining jurisdictional wetland status, the permittee shall provide
an annual update on the wetland areas at Permit Sites 1,2, 3 and 9. The annual update will consist
of photographs and a brief report on the progress of these temporarily impacted areas re-attaining
wetland jurisdictional status. Three (3) years after project completion, the permittee shall
schedule an agency field meeting with the DWQ to determine if the wetland areas temporarily
impacted by this project have re-attained jurisdictional status. If, at the end of three (3) years, the
wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland
status, DWQ shall determine if compensatory wetland mitigation will be required.
8. In accordance. with commitments. made in your application, the use of turbidity curtains during in-
stream work shall be studied during the development of erosion control plans for the project.
Curtains shall be used if it is determined that conditions within Drowning Creek warrant their
effective use.
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, with
the exception of Permit Site ~1. The slopes at Permit Site 1 shall be no flatter than 4:1.
10. Compensatory mitigation for 5.18 acres of impacts to riverine wetlands is required. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands
through the North Carolina Ecosystem Enhancement Program (EEP) and that the. EEP has agreed
to implement the mitigation for the project. EEP has indicated in a letter dated October 9, 2007,
that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above referenced project, in accordance with the Tri-Party MOA
signed on July 22, 2003, and the Dual-Party MOA signed on April 12, 2004.
1 1. 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.
12. 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.
13. During construction of the project, no staging of equipment, of any kind, is permitted in waters of
the U.S. or protected riparian buffers.
14. If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and surface waters. 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.
15. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
16. 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 the 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.
17. 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.
18. 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 materials.
19. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
21. Native riparian vegetation must be re-established within the construction limits of the project by
the end of the growing season following completion of construction.
22. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated this permit without appropriate modification. Should 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.
23. 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 water standards:

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 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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
25. A copy of this Water Quality Certification shall be posted 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.
26. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
27. 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 ActJ and any other appropriate requirements of State and Federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain
a designated or achieved use), that State or Federal law is being violated,. or that fiu-ther
conditions are necessary to assure compliance, DWQ may re-evaluate and modify 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 Federa1404 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 28th day of February 2008
DNISION OF WATER QUALITY
~--!~L--
Coleen H. Sullins
Director
WQC No. 3732