20040275 Ver 3_Approval Letter_20100927

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H, Sullins
Governor Director
September 27, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water Act with ADDITIONAL CONDITIONS for Proposed Reconstruction and
Widening of I-85 from north of SR 2120 (Long Ferry Road) in Rowan County to south of NC
150 in Davidson County. Federal Aid Project No. N14FIMF-85-3(197)81, WBS 35156.3.GV3;
.Division 9, TIP No.,I-2304AC. NCDWQ Project No. 20040275, v.3.
Dear Dr.'Thorpe:
Attached hereto is a modification of Certification No. 3455 issued to The North Carolina Departmenbof
j • `' Transportation!(NCDOT) dated March 19,.2004 with a' modification,issued November 22, 2004. ;:
If we can be of further asslstance','do not hesitate to contact us.:'
Sincerely,
Coleen H. Sullins
Director
Attachments
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office
Pat Ivey, PE, Division 9 Engineer
Kent Boyer, Division 9 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Roadside Environmental Unit
Beth Harmon, Ecosystem Enhancement Program
Wetlands/401 Transportation Permitting Unit
File Copy
Transportation Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarof lnit
Location: 2321 Crabtree Blvd„ Raleigh, Norih Carolina 27604 /,/if}fit+Q`lJ/
Phone: [phone]\FAX: [phone] F'L1t ?/
Internet: hitp:/ h2o.enrstate.nc.us/ncwetlands/
An Equal Opportunity A Afftnnative Action Employer
Modification to the 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
(NCDWQ) Regulations in 15 NCAC 2H .0500. This certification authorized the NCDOT to impact 7.99
acres of jurisdictional wetlands, 2644 linear feet of jurisdictional streams, and 0.03 acres of open water in
Rowan and Davidson Counties. The project shall be constructed pursuant to the modification dated
received September 2, 2010 with additional information received September 16, 2010 and September 27,
2010. The authorized impacts are as described below:
Table 1: Wetland Impacts in the Yadkin River Basin
Site Fill Fill Excavation Mechanized Hand Total Wetland
(ac) (temporary) (ac) Clearing Clearing Wetland Impacts
(ac) (ac) (ac) Impact Requiring
(ac) Mitigation
ac
Previously 0.10 0.02 0 0 0 0 0.10
permitted impacts
'at Site 2
Revised Impacts at 0.07 0.02 0 0.14 6.59 6.82 0.21
Site 2*
Total Wetland Impacts for 1-2304AC Project: 7.99 acres.
Table 2: Open Water Impacts in the Yadkin River Basin
., . „ Site ..; ,. ; Permanent Fill in Temporary, Fill. in!'_. Total fill. in Open

O en.Waters, ac ,.
.Open Waters; ac
Waters ac .
Ori inalapproved im actsat,Site2*, ,0.10.
Revised impacts with this approval at Site 2 <0.01. .. 0.02 0.03 -
Total Open Water Impacts for I-2304AC Project: 0.03 acres :)pen sv
*Originally; permitted,as,stream impacts ; : m ;
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 ofNorth: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 modified application
dated received September 3, 2010 with additional information received September 16, 2010 and
September 27, 2010.• All the authorized activities and conditions of certification associated with the
original Water Quality Certification no. 3455 dated March 19, 2004 and a modification dated November
22, 2004 still apply except where superseded by this certification. Should your project change, you are
required to notify NCDWQ 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.
Condition(s) of Certification:
Project Specific Conditions
1. All other conditions written into previous the Water Quality Certification no. 3455 dated March
19, 2004 with a modification issued November 22, 2004 still apply except where they are
superseded by this certification.
2. Compensatory mitigation for impacts to 0.21 acres of riverine wetlands will be conducted
through on-site mitigation. See table 3 below for tracking of wetland mitigation credits. 'rhe
permittee shall comply with the on-site wetland mitigation plan submitted on July 30, 2004
dated received August 4, 2004. All on-site mitigation sites shall be protected in perpetuity by a
conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT
Natural Environment Unit mitigation geodatabase.
Table 3: On-site Riparian Wetland Mitigation Restoration Credits
Total Amount Deducted Amount Amount of On-
Mitigation with 2004 permit Deducted with site Mitigation
generated on- and modification no. modification no. remaining
site (acres) 1 (acres) 2 (acres) (acres)
On-site Mitigation Credits 2.74 1.05 0.21 1.48
3. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to
turbidity shall be designed, constructed, and operated with sediment and erosion control
measures that. meet Design Standards in Sensitive Watersheds [15A NCAC 4B .0124].
1-lowever, due to the size of the project, NC DOT shall not be required to meet 15A NCAC 4B
.0124(a) regarding the maximum amount of uncovered acres.
4. All -portions of the proposed project draining to 303(d) listed watersheds that are impaired due to'
biological criteria exceedances• shall not discharge stormwater directly to surface waters.
Stormwater shall be treated: using appropriate best management practices (e.g., vegetated :.-.,;
conveyances, constructed'wetlands,'detention ponds, etc.) prior,to discharging to surface waters-'-
This. condition shall supersede Conditi6n'4 of Water Quality Certification No. 3455 dated
March 19, 2004.
5. NCDOT shall design, construct, operate and maintain hazardous spill catch basins (HSCBs)-at '...,, .
function,as dry detention.,
all crossings of the Yadkin'River: These,HSCBs shall be designed to
,
basins for post construction stormwater treatment, in accordance with additional information ; ,•, : ':. ;;1; :: , ..::; ;f r
received September 16, 2010, and September 27;
submitted for this permit modifications dated
_
2010.
6. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be.directed ..s .,
across the bridge and pre-treated through site-appropriate means (Hazardous Spill Catch basin-Dry'
Detention basin combinations) before entering the stream in accordance with additional
information submitted for this permit modifications dated received September 16, 2010, and
September 27, 2010.
7. Turbidity curtains shall be used to isolate all work areas from the stream at the Yadkin River,
including pile or casement installation, placement of riprap, excavation or filling. Strict
adherence to the Construction and Maintenance Best Management Practices will be required.
8. Due to the possibility that compaction and/or other site alterations might prevent the temporary.
and hand clearing wetland impacts from re-attaining jurisdictional wetland status, the permittee
shall provide an annual update on the wetland areas at Site 2. This annual update will consist of
photographs and a brief report on the progress of these temporarily impacted areas in re-attaining
wetland jurisdictional status. Three years after project completion, the permittee shall schedule an
agency field meeting with the NC Division of Water Quality to determine if the wetland areas
temporarily impacted by this project have re-attained jurisdictional wetland status. If at the end of
three years the wetland areas temporarily impacted by this project have not re-attained
jurisdictional wetland status, NCDWQ shall determine if compensatory wetland mitigation will be
required.
9. 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.

27. 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 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
Swfac'e Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. 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.
28. 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.
29. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed tloodplains and streams shall be restored to natural geomorphic conditions:"
30. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for streamstabilization shall be placed in stream channels in such a.manner that it does not
impede aquatic life passage. 1 '
31. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit P
drawings submitted for approval.
32. 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 .. i?j
manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used ito,:!
prevent excavation in flowing water.
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 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 8:00am and 5:00pm, 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)-733-3478
NCDWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ 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. i. .. :x.
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. ':r., " _ ..
u; Signature: „.. Date:
} - Engineer's Certification
partial rr, ...cFinal .
I, 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
Registration No.
Date