20040275 Ver 6_Approval Letter_20110511

ern
NCDENR
North Carolina Department of Environment and
Division or Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 11, 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: 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, WBS 34156.3.GV3, TIP No. 1-2304AD,
NCDWQ Project No. 2004-0275 v.6.
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,
September 27, 2010, and November 4, 2010.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Natural Resources
;Since ely,
,Coleen H. Sullins
Director
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
Wetlands/401 Transportation Permitting Unity
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: hftp://h2o.enr.stala.cc.usJncwetlands/

NorthCarolina
Aaturally
An Equal Opportunity \ 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 IS NCAC 2H.0500. This certification authorizes the NCDOT to impact 441
linear feet of jurisdictional streams (Table 1) at Permit Site 9 on TIP no. I-2304AD in Davidson and
Rowan Counties. The project shall be constructed pursuant to the modification dated received May 5,
2011. The authorized impacts are as described below:
Table 1: Stream Impacts in the Yadkin-Pee Dee River Basin
Site Permanent Temporary Total Stream
Fill in Fill in Stream Impacts
Perennial Perennial Impact Requiring
Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft
Previously permitted impacts at 395 0 395 395
Site 9
Revised impacts at Site 9 366 75 441 366

366 75 441 366
Total Revised Impacts
Total Stream Impacts for Site 9 (12304 AD): 441 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the
Yadkin-Pee Dee 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 modified application
dated received October 13, 2010. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated March 14, 2004 with modifications issued November
22, 2001 and September 27, 2010 still apply except where superceded 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.
1-1 , • Condition(s) of Certification: • • - • • . .
All other conditions written into previous Water Quality Certifications dated March 14, 2004
with modifications issued November 22, 2001, September 27, 2010, and November 4, 2010 for
this project still apply except where they are superseded by this certification.
Compensatory mitigation for 366 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 EEP has agreed to

implement the mitigation for the project. 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.
3. 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.
4. 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 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 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.
5. 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.
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
Raleigh, NC 27699-1601

This the I I th day of May 2011
DIVISION OF WATER QUALITY
?.Coleen H. Sullins
Director
WQC No. 3455 v. 6
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