20030909 Ver 3_Modifications_20040607

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 7, 2004
Mr. Gregory J. Thorpe, Ph.D., Environmental Director
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
Re: MODIFICATION TO Water Quality Certification Pursuant to §401 of the Federal Clean Water Act,
Greensboro Western Urban Loop, from I-85 south of Groometown to south of I-40 Interchange,
Guilford County.
F.A. Project No. STPNHF-NHF-124-1(1); State Project No. 8.U492101
TIP No. U-2524 AB/AC and AB Part I
DWQ Project No. 030909
Attached hereto is a copy of the Modification to Certification No. 3435 issued to The North Carolina
Department of Transportation dated June 7, 2004.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
~/
Alan W. Klimek, P.E.
Attachments
cc: Wilmington District Corps of Engineers
Eric Alsmeyer, USACE Raleigh Field Office
Sue Homewood, NCDWQ Winston-Salem Regional Office
Christopher Militscher, US Environmental Protection Agency -Region IV
NC Wetlands Restoration Program
William D. Gilmore, P.E., Transition Manager, NC DENR Division of Ecosystem Enhancement
Mike Mills, PE,~ Division Engineer, NCDOT Division 7
Central Files
File Copy

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 (DWQ)
Regulations in 15 NCAC 2H, .0500. This Certification authorizes the NCDOT to incur the following
permanent impacts:
^ 4.14 acres of wetlands through fill, excavation and mechanized clearing;
^ 3.92 acres of fill in ponds;
^ 4,6101inear feet of on-site stream relocation
^ 6,9191inear feet of jurisdictional stream loss;
^ 20.56 acres of Zone 1 Randleman Lake Riparian Buffers
^ 11. 86 acres of Zone 2 Randleman Lake Riparian Buffers
The 0.10 acre additional impact to Zone 1 and the 0.07 acre additional impact to Zone 2 Randleman Lake
Riparian Buffer requested in the Apri130, 2004 Individual Permit Modification request are included in the
above Zone 1 and Zone 2 Randleman Lake Riparian Buffer area impact values.
The U-2524 AB/AC and AB Part I projects shall be constructed pursuant to the application dated July 21,
2003 and the Modification requests dated October 24, 2003 and Apri130, 2004 to construct the
Greensboro Western Urban Loop from I-85 south of Groometown to south of I-40 Interchange in
Guilford County.
The Application provides adequate assurance that the discharge bf fill material into the waters of the state
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 Application. All work
authorized by this Certification must be done in strict compliance with the plans attached to the
Application. If this project changes, incurring additional impacts to streams, wetlands or buffers, you are
required to notify the DWQ in writing, and you may be required to submit a new application. 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, Non-discharge and Water Supply watershed regulations.
This Certification shall expire three (3) years from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding US Army Corps of Engineers Permit, whichever is later.
Condition(s) of Certification:
1. Construction shall be performed so that no violations of state water quality standards, statutes, or
rules occur.
a. 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 water quality standards.
b. The erosion and sediment control measures for the U-2524AB/AC and AB Part 1 projects
must equal or exceed the proper design, installation, operation and maintenance outlined in
the most recent version of the North Carolina Sediment and Erosion Control Planning and
Design Manual. These 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 projects included under this Certification.

NCDOT TIP No. U-2524 AB/AC Modification, DWQ # 030909
Page 2
June 7, 2003
c. For borrow pit sites, the erosion and sediment control measures must equal or exceed the
proper design, installation, operation and maintenance outlined in 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.
e. NCDOT shall strictly adhere to North Carolina regulations entitled, Design Standards in
Sensitive Watersheds (15A NCAC 4B .0124 (b) -(e) only), for activities undertaken in all
waters classified as WS (Water Supply) and draining to the Critical Area, including: Hickory
Creek, Reddick's Creek and Bull Run, as well as their unnamed tributaries. NCDOT will not
be required to comply with 15A NCAC 2B .0124(a), which restricts clearing to 20 acres at a
time.
For streams in the Randleman Lake Watershed (Hickory Creek, Reddick's Creek and Bull Run
and their unnamed tributaries), stormwater shall be directed to flow as diffuse flow at non-erosive
velocities across the stream buffers using level spreaders, retention basins, pre-formed scour holes
or other site-appropriate devices. For all streams that are not in the Randleman Lake watershed
(South Buffalo Creek and its unnamed tributaries), stormwater shall be transported by vegetated
conveyance before discharge into the streams. In either case, stormwater shall not be routed to
flow directly into streams. Existing wooded stream buffers shall not be mowed in order to allow
them to provide diffuse stormwater flow and/or streambank stabilization.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,. they shall be removed and the natural grade restored within 30 days after the
project has been released.
4. The outside buffer, wetland or water boundary as well as along the construction corridor within
these boundaries approved under this authorization shall be clearly marked by orange fabric
fencing for the areas that have been approved to infringe within the buffer, wetland or water prior
to any land disturbing activities to ensure compliance with 15A NCAC 2B .0250.
NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification.
There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this Certification without appropriate modification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
6. Excavation of stream crossings should be conducted in the dry unless demonstrated by the
applicant or its authorized agent to be unfeasible. Sandbags, cofferdams, flexible pipe, or other
diversion structures should be used to minimize excavation in flowing water.
7. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
8. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is strictly prohibited.

NCDOT TIP No. U-2524 AB/AC Modification, DWQ # 030909
Page 3
June 7, 2004
9. The natural dimension, pattern and profile of the stream above and below the crossing should not
be modified by widening the stream channel or changing the depth of the stream.
10. The removal of vegetation in riparian areas should be minimized. 1VCDOT is encouraged to use
existing on-site vegetation and materials for stream bank stabilization and to minimize the use of
rip rap. Riprap shall not be placed in the stream bottom.
11. Riparian vegetation, using native trees and shrubs, must be re-established within the construction
limits of the project by the end of the growing season following completion of construction to
reestablish the riparian zone and to provide long-term erosion control.
12. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be
shown to DWQ that providing passage would be imprgctical. 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 o~^~streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium shall be maintained if requested in writing by DWQ.
13. Heavy equipment should be operated from the bank rather than in the stream channel unless
demonstrated by the applicant or its authorized agent to be unfeasible. All mechanized
equipment operated near surface waters should be inspected and maintained regularly to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic substances.
14. On-Site Stream Relocations: The five on-site stream relocations (listed below) shall utilize
natural channel design:
^ AB Part 1 Site 7 from Sta. 11+60 to Sta. 11+67 -40SB REV-
^ AB Part 1 Site 17 from Sta. 11+00 to Sta. 13+00 X10 SB RFsV-
^ AB Site 3 from Sta. 34+00 to Sta. 37+10 -L-
^ AC Site 1 from Sta. 57+80 Lt to Sta. 58+57 Rt -L-
^ AC Site 2BA from Sta. 101+80 -L- to Sta. 12+70 -Ramp D-
o The relocations must be constructed in a dry work area, and stabilized before the stream
flow is diverted. Each stream relocation shall be completed and stabilized prior to
diverting water into the new channels. Water shall not be turned into the relocated
channel until the USAGE and the NCDWQ have conducted a site review of the newly
constructed stream channel. Vegetation used for bank stabilization shall be limited to
native woody species, and should include establishment of a 30-foot wide wooded and an
adjacent 20-foot wide vegetated buffer on both sides of each relocated channel to the
maximum extent practical. A transitional phase incorporating coir fiber and seedling
establishment is allowable. Rip-rap may be allowed if' it is necessary to maintain the
physical integrity of the stream, but the Applicant must provide written justification and
the calculations used to determine the extent of rip-rap coverage requested.
o If any of the relocated channels or the associated riparian area has been determined to be
unstable, the stream shall be repaired or stabilized using only natural channel design
techniques. Additionally, the vegetation in the riparian area shall be maintained and/or

NCDOT TIP U-2524 AB/AC Modification, DWQ# 030909
Page 4
June 7, 2004
o replaced according to the approved plans. Rip-rap and other hard structures may only be
used if required by the Division of Land Resources or a Delegated Local Program.
o Additionally, all repair designs must be submitted to and receive written approval from
the Division before the repair work is performed.
o Monitoring for geomorphological stability shall be performed for each relocated channel
in accordance with accepted protocols established by US Army Corps of Engineers
(USAGE) and NCDWQ.
o The relocated channels and associated riparian buffer areas shall be preserved in
perpetuity through a deed notification, preservation easement or some other legally
binding mechanism or agreement. The easements or other legally binding mechanisms or
agreements must be in place before any construction impacts approved under this
Certification can take place. The NCDOT Division 9 Right of Way Office shall provide
NCDWQ with evidence that the additional right of way has been purchased within two
(2) months of issuance of the US Army Corps of Engineers 404 Permit.
o The on-site stream relocation must be completely constructed and maintained according
to the plans approved by the Division before the` Greensboro Western Urban Loop (TIP
U-2524 AB/AC and AB Part 1) is opened and any mitigation credit is given.
15. Mitigation: Compensatory mitigation shall be the same as that approved by the US Army Corps
of Engineers as long as the mitigation required equals a ratio of 1:1 restoration or creation of lost
wetland acres as described in 15A NCAC 2H.0506 (h)(6).
Wetland Miti ag_tion
Compensatory mitigation for 4.14 acres of wetland impacts shall be provided through the
following schemes:
^ NC Wetlands Restoration Program (WRP) has agreed to provide compensatory mitigation for
2.82 acres of wetland impacts incurred for construction of U-2524AB Part 1. DWQ
acknowledges that this payment has been made under the §401 WQC for TIP Project No. I-
2402 (reference WRP letter of September 6, 1999).
^ NCDOT proposes to use 1.32 acres of mitigation from Sandy Creek Mitigation Site in
Randolph County (HU 03030003). This site has been approved by NCDWQ.
^ NCDOT proposes to use preservation credits from Blue Tract Mitigation Site in Moore
County (HU 0303004) at a 12:1 ratio for 7.92 acres of mitigation. This site and the
mitigation ratios have previously been approved by Federal and State resource agencies.
Randleman Riparian Buffer Miti ag tion
NC Division of Ecological Enhancement (DEE) has agreed to provide compensatory mitigation
in a letter dated September 25, 2003. NCDOT will be paying into the WRP for the DEE to
perform the mitigation work. The buffer impacts and mitigation are as follows:
Zone Im acts ac. Miti ation (ac. )
1 18.09 45.96
2 10.23 14.30
60.26 ac. total

NCDOT TIP U-2524 AB/AC Modification, DWQ# 030909
Page 5
June 7, 2005
The Modification request dated Apri130, 2004 requests additional impacts to the
Randleman Buffer. NCDOT proposes to mitigate for the additiona10.01 acre of impact to Zone 1
and the additiona10.07 acre of impact to Zone 2 through payment into the NC Wetland
Restoration Program for the DEE to perform the mitigation work. NCDWQ is not in receipt of a
letter from DEE accepting buffer mitigation for these impacts. No additional buffer impacts are
authorized under this modification until NCDWQ is in receipt of a letter from DEE accepting
buffer mitigation for this project.
Stream Miti ag tion
NCDOT proposes to use the following sites as compensatory mitigation for 7,171 linear feet of
stream impacts incurred for construction of U-2524AB Part 1:
^ Woodlyn Way Mitigation Site
^ Tick Creek Mitigation Site
^ UT to Bear Creek Mitigation Site
Site Name Available Mit'n. Miti ation Used Remainin Mit'n.
Woodl n Wa 1,195 1,195 0
Tick Creek 4,190 4,1.90 0
UT Bear Creek 3,850 1,806 2,044
Total 9 235 719)< 2 044
^ NCDOT shall provide 100% design plans for the UT to Bear Creek site within three (3)
months of issuance of this Modification.
In accordance with 15A NCAC 2R.0500, this contribution will satisfy NC Division of Water
Quality's compensatory mitigation requirements under 15A NCAC 2H.0506(h). Until the WRP
receives and clears your payments for the Randleman buffer mitigation, wetland or stream fill
shall not occur. The payment to NCWRP shall be sent within two (2) months of issuance of the
404 permit.
16. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-
construction meeting. Written verification shall be provided that the final construction drawings
comply with the attached permit drawings contained in the Application dated July 21, 2003.
17. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401
Certification fias been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the
project.
18. NCDOT 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 law 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
to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the certification, I?WQ shall notify
NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A

NCDOT TIP No. U-2524 AB/AC Modification, DWQ# 030909
Page 6
June 7, 2004
19. NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
NCDOT shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
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 Permit. This Modification and its conditions supercede all
previous Certifications. This Certification shall expire upon the expiration of the 404 Permit.
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. 27699-6714. This Certification and its
conditions are final and binding unless you ask for a hearing.
This the 7~' day of June 2004
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
WQC No. 3435

DWQ Project No.:
Applicant:
Project Name:
County:
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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ 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, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
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, the approved
plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
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, the approved plans and
specifications, and other supporting materials.
Signature
Registration No.
Date