20110136 Ver 1_Approval Letter_20110427

GA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 27, 2011
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: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed widening of NC 211 from north of NC 73 in West End to
east of SR 1208 (traffic circle) in Pinehurst in Moore County, Federal Aid Project No. STIP 2111
State Project No. 8.156060 -rIP R-2812.
NCDWQ Project No. 20110136v.I
Dear Dr. "Thorpe:
Attached hereto is a copy of Certification No. 3854 issued to The North Carolina Department of fransponation
(NCDOT) dated April 27, 2011.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,,
ee? Vnsa
Director
Attachments
cc: Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office
Tim Johnson, PE, Division 8 Engineer
Art King, Division 8 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Beth Hannon, Ecosystem Enhancement Program
Mason Herndon, NCDWQ Fayetteville Regional Office
File Copy
Transportation Pennitting Unit
1650 Mail Service Center, Raleigh, Norm Carolina 27699-1650
Phone: 919E07 63011 FAX: [phone]
One
NorthCarolina
Naturally
An Equal ppporlUnily 1 Alfnmalive Ac!.On Employer
401 Water Quality Certification Pursuant to Sectjon 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 211.0500. This certification authorizes the NCDOT to impact 190 acres ofjurisdictioual wetlands,
388 linear feet ofjurisdictional streams, and 2.96 acres of open water in Moore County. The project shall be
constructed pursuant to the application dated received February 8, 2011. The authorized impacts are as described
below:
Stream Impacts in the Cape Fear and Lumber Ricer Basins
Permanent Temporary Permanent Temporary Stream
Total
Fill in Fill in Fill in Fill in Impacts
Stream
Site Station Intermittent Intermittent Perennial Perennial Requiring
Impact
Stream Stream Stream Stream Mitigation
(linear feet)
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
3 -1, Sta. 280+00 - - 163 - 163 205
3 -I, Sta. 280+00 LT - - 42 - 42
4 -1, Sta. 340+50 133 133

4
-U Sta. 340+50 LT
-
36
14
50 169
TOTAL:
.-........._-.__....::'._.__
0
0
374
14
388
374
Total Stream Impact for Project: 388 linear feet
Wetland hnpacts in the Cape Fear and Lumber River Basins
Mechanized Hand
Site Station Wetland Permanent Temporary Excavation Clearing Clearing Total Wetland
Type Fill (acres) Fill (acres) (acres) Impact (acres)
(acres) (acres)
1 -1, Sta. 245+00 Riverine 0.19 c0.01 - 0.08 - 0.27
2 4,270+00 LT Riverine 0.04 0.02 0.02 0.08
3 -1, Sta. 280+00 Riverine 0.70 - 0.13 0.21 1.04
4 -1, Sti. 340+50 Riverine 0.37 - - 0.14 - O.SI
TOTAL: 1.30 0.00 0.15 0.45 0.00 1.90
Total Wetland Impact for Project: 1.90 acres.
Omn Water Imuncts in the Cane Fear and Lumber Riser Basins

Site
Station Permanent 1,111 in
Open Waters
acres Temporary Fill in
Open Waters
(acres :01w:nWaters Fill in

res) Temporary
Dewalering
acres)
1 -1, Sta. 245+00 0.12 0.12 2.83
2 -G Sta. 270+00 LT 0.01 0.01
TOTAL: - -- " ---
0.13
0
0.13
2.83
Total Open Water Impact for Project: 2.96 acres
The application provides adequate assurance that the discharge of rill material into the waters of the Cape Fear
and Lumber River Basins 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 hereina0cr set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received
February 8, 2011 . Should your project change, you are required to notify the 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 strum
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 211 .0506 (h) (6) and (7). For this approval
to remain valid, you are requited 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 Stonnwater, 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:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conducta pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWQ staff shall be invited to
the pre-construction meeting.
2. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited
impact to upstream and downstream channel stability as well as to native aquatic species. Proper
measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of
pond draining. If typical pond draining techniques will create significant disturbance to native aquatic
species, additional measures such as collection and relocation may be necessary to prevent a significant
fish kill. NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive
species, and the most appropriate measures to limit impacts to these species, The permittee shall observe
any natural channel re-establishment, or utilize natural channel construction techniques, to ensure that the
jurisdictional stream channel above and below the drained pond remain stable, and that no additional
impacts occur within the natural stream channel as a result of draining the pond.
3. During dewatering activities at Site 1 flow shall be maintained through the pond.
4. At Site 4, where 14 linear feel of stream will be impacted due to site dewatering activities, the site shall
be graded to its preconstruction contours and revegetated with appropriate native species.
5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams, shall be placed below the elevation of the stremnbed 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
downstream of the above structures. The applicant is required to provide evidence that the equilibrium is
being maintained if requested in writing by NCDWQ. if this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required.
6. 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 that requires increased
maintenance and disrupts aquatic life passage.
7. 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.
8. 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
to 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.
9. Equalizer pipes in wetlands shall be installed at grade and shall not be installed below the wetland ground
level for purposes of aquatic organism passage.
10. With exception o f Creeping Red Fescue (Testuca ruhra), 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 appropriate
seeding 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 contained 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. Erosion control matting placed in
riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the
establishment of temporary groundcover within riparian areas, hydrosceding 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 or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25
feet landward from top of stream bank.
11. Co mpensatory mitigation shall be provided as follows:
a. Compensatory mitigation for 374 linear feet of impact to streams at a 1:1 ratio is required. We
understand that you have chosen to perform compensatory in itigation for impacts to streams
through the North Carolina Ecosystem Enhancement Program (EF;P), and that the EEP has
agreed to implement the mitigation. for the project. EEP has indicated in a revised letter dated
April 26, 2011 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 MCA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
Compensatory mitigation for impacts to 190acres riparian wetlands is required. A total of 1.82
acres shall be mitigated for at a 2:1 ratio. The remaining 0.08 acres, associated with Site 2, shall
be mitigated at a 1:1 ratio. Total credits required for mitigation equal 3.72. 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. BHP has indicated in a revised letter dated April 26, 2011 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
MCA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004
General Conditions
12. If concrete is u sed during construction, a dry work area shall be maintained to prevent direct contact
between can concrete and stream water. Water that inadvertently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pll and possible aquatic lire and fish
kills.
13. Darin g the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers.
14. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed flootlplains and streams shall be restored to natural geomorphic conditions.
15. 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,
16. The Pe rmittce shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
17. 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.
18, lieav y 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.
19. 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.
20. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
21. Dischar ging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
22. The permittee a nd 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 NCDWQ 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,
NCDWQ may reevaluate and modify this certification.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
24. The outside buf for, 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.
25. The issua nee of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stortnwater management
rules, soil erosion and sedimentation control requirements, etc.
26. Native riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
27. There shall be no excava Lion 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 from road construction activities.
28. 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 rcquirements 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,
dperated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining l4anual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
29. Sedi ment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
30. A cop y 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 he maintained
with (he Division Engineer and the on-site project manager.
3 L The Pe rmittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
32. Upon co mpletion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Fngineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed. -
Violations of any condition hcreigset 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 arc
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 Bearings.
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
Raleigh, NC 27699-1601
This the 27th day of April 2011
DIVISION OF WATER QUALITY
glee a ullins
DirectSor
WQC No. 3854