20091046 Ver 1_Approval Letter_20091201

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NC®ENR
North Carolina Department of Environment and Natural Resources
,Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 1, 2009
Randolph County
TIP Project I-4407
State Project No. 8.1572301
D W Q Project No. 091046
APPROVAL-of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS (Revised)
Dr. Greg Thorpe, Ph.D., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following stream impacts for the
purpose of making upgrades to US 220 (future 173/74) in Randolph County. The stream impacts occur in two
unnamed tributaries. Sites 1&2 involve a UT to Big Branch, Class ".`C" waters. Site 3 is in a UT to Cedar Fork
Creek, also Class "C". Both streams are in the Yadkin Pee-Dee River basin. In the original approval dated
November 23, 2009, mitigation was required for the resetting of 4 LF of 36"pipe. Actual impacts have
been clarified and the following impact table revised to reflect a reduced mitigation requirement.
Stream Impacts in the Yadkin Pee-Dee River Basin
Site Permanent Fill in Temporary Fill in Total Stream Stream Impacts Requiring
Site a per Perennial Stream Perennial Stream impact (linear ft) Mitigation (linear ft)
plans and
(linear ft)
(linear ft)
permit
drawings
1 153 LF 153 LF 153 LF
install 153' of 15" RCP in
channel at base of slope
2 18 LF 11 LF 29 LF 14 LF
reset onejoint of 36"RCP (replacement of 4 LF of existing pipe does
and stabilize plunge pool not require mitigation)
with rip-rap injunction of
36" and new 15" 1 es
3 11 LF 30 LF 41 LF 11 LF
rip-rap at pipe outlet
Total 182 LF 41 LF 223 LF 178 LF
225 Green St., Ste, 714
Fayetteville, North Carolina 28301
Phone: [phone] FAY, : 910-486-0707! Customer Service: 1-877-623-6748
Internet: www.h20.enestatemc.us
An Equal Opportunity \ Aff rmaiive Action Employer
One
NorthCarolina
Naturallff
Y
Dr. Greg Thorpe, Ph.D.
December 1, 2009
Page 2
Total Stream Impact for Project: 182 LF permanent impact 41 LF temporary impact
V 4
The project shall be constructed in accordance with your application dated September 28, 2009, received October 6, 2009,
and supporting information requested by DWQ on November 12, 2009 and received via e-mail the same day. After
reviewing your application and additional information, we have decided that these impacts are covered by General Water
Quality Certification Numbers 3701 and 3688, which correspond to Nationwide Permits 23 and 33, as 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 and supporting information (unless
modified below). Should your project change, you must 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 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 linear 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, as well as the following additional conditions. Please pay particular attention to conditions
No. 6 and 21.
Additional conditions
I) Placement of culverts and other structures in waters, streams, and wetlands 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
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
DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will
be required.
2) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills.
3) 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.
4) The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
5) 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.

Dr. Greg Thorpe, Ph.D.
December 1, 2009
Page 3
6) 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.
7) 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.
8) 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.
9) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
II) 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 DWQ 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, DWQ may reevaluate and modify this certification.
12) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
13) 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.
14) 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.
15) 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.
16) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
17) 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 site§ be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
?t
Dr. Greg Thorpe, Ph.D.
December 1, 2009
Page 4
18) 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:
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
proj ect.
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.
19) Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be
removed and the natural grade restored upon completion of the project.
20) Compensatory mitigation for 178 linear feet of stream impact is required. We understated that you have chosen
to perform compensatory mitigation for impacts to streams 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 July 9,
2009 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 fully executed on March 8, 2007.
21) This approval is based on DWQ site visits to the streams indicated in the application package and information
submitted in the PCN dated September 28, 2009. Should the USACE determine that there are additional stream or
wetland impacts, a modification to this Certification will be required, including details of the additional impacts as
well as the appropriate application fee.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter
completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please contact Ken Averitte at [phone].
pSinJc??erely, H
?J Coleen H. Sullins
CHS/KA/ka
Attachments (General Certifications and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Art King, Division 8 Environmental Officer
Kim Garvey, US Army Corps of Engineers, Wilmington Field Office
Sonia Carrillo, 401 /Wetlands DOT Unit
FRO, DWQ