20040275 Ver 4_Approval Letter_20101104

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Eaves Perdue Coleen H. Sullins
Ir Director
November 4, 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 widening of 1-85 from north
of SR 2120 (Long Ferry Road) in Rowan County to south of NC 150 in Davidson County,
Federal Aid Project No. NHFIMF-85-3(197)81, NUBS 34156.3.GV3, TIP No. 1-2304AC,
NCDWQ Project No. 2004-0275 v.4.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3455 issued to The North Carolina Department of
Transportation (NCDOT) dated March 14, 2004 with modifications issued November 22, 2004 and
September 27, 2010.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
AHoeen. 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 Militischer, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Jason Elliott, NCDOT, PDEA- Natural Environmental Unit
rWetlandsL40aTransportation-Permittnn- g-Unity?
File Copy
sportation Permitting Unit
Mail Service Center, Raleigh, North Carolina 276991650
Iron: 2321 Crabtree Blvd., Raleigh. North Carolina 27604
e: 919-733-1786 t FAX: [phone]
let: hfp:llh2o.enr.state.nc.us/ncwetlands/
No thCarolina
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Oppommily t Affirmative 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 2I-1 .0500. This certification authorized the NCDOT to impact 1.06
acres ofjurisdictional wetlands (Table 1) and 1882 linear feet ofjurisdictional streams (Table 2) in
Davidson and Rowan Counties, excluding those impacts authorized in DWQ permit number 2004-0275
v3. The project shall be constructed pursuant to the modification dated received October 13, 2010. The
authorized impacts are as described below:
Table 1: Stream Impacts in the Yadkin-Pee Dee River Basin
Site Permanent
Fill in
Perennial
Stream
linear ft Temporary
Fill in
Perennial
Stream
linear ft Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
Previously permitted impacts at
Site 3 485 0 485 485
Revised impacts at Site 3 482 0 482 482

Previously permitted impacts at
Site 4 190 0 190 190
Revised impacts at Site 4 184 0 184 184

Previously permitted impacts at
Site 5 619 0 619 619
Revised impacts at Site 554 0 554 554

Previously permitted impacts at
Site 6 863 0 863 863
Revised impacts at Site 6 424 0 424 424

Previously permitted impacts at
Site 8 97 0 97 97
Revised impacts at Site 8 40 0 40 0

Previously permitted impacts at
Site 9 123 0 128 0
Revised impacts at Site 9 128 0 128 0

Previously permitted impacts at
Site 10 32 0 32 0
Revised impacts at Site 10 32 0 32 0

Previously permitted impacts at
Site 12 0 0 0 0
Revised impacts at Site 12 0 38 38 0

Total Revised Impacts 1844 38 1882 1644
Total Stream Impact for Project excluding site 2: 1882 linear feet

Table 3: On-site Riparian Wetland Mitigation Restoration Credits

Total Mitigation Amount of On- Amount of On- Total on-site
generated on-site site used from site used from mitigation
(acres) site 2 (acres) sites 3-12 (acres) remaining (acres)
On-site Mitigation 2.74 1.51 1.07 0.16
Credits
3. Compensatory mitigation for 1644 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 Ecosystem Enhancement Program (EEP), and that the UP has agreed to
implement the mitigation for the projecf. EEP has indicated in a letter dated April 30, 2004 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.
4. Ails NCDOT shall design, construct, operate and maintain hazardous spill catch basins (HSCBs)
at all crossings of the Yadkin River with the exception of site 12. These HSCBs shall be
designed to function as dry detention basins for post construction stormwater treatment, in
accordance with additional information submitted for this permit modifications dated received
September 16, 2010, and September 27, 2010.
5. Bridge deck drains shall not discharge directly into the stream. Stormwatershall be directed
across the bridge and pre-treated through site-appropriate means before entering the stream in
accordance with additional information submitted for this permit modifications dated received
September 16, 2010, September 27, 2010, and October 13, 2010.
6. Post-construction Stormwater shall be treated using appropriate best management practices (e.g.,
vegetated conveyances, constructed wetlands, detention ponds, etc.) prior to discharging to
surface waters in accordance with additional information submitted for this permit modifications
dated received September 16, 2010, and September 27, 2010.
7. At permit site 5, the portion of the jurisdictional stream that is not to be impacted shall be
visually monitored for stability throughout construction and one year post construction. If the
stability of this reach is compromised, NCDOT will be required to stabilize the reaches through
natural channel design. If this is not achievable, then NCDOT will be required to stabilize
through other measures and mitigate for the impacts.
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
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Ralei.ah, NC 27699-1601
This the 4th day of November 2010
DIVISION OF WATER QUALITY
Coleen H. Sullins
Director
WQC No. 3455 v. 4