20030909 Ver 1_Approval Letter_20031006

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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
October 6, 2003
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: 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 Certification No. 3435 issued to The North Carolina Department of
Transportation dated October 6, 2003.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
lim .E.
cc: Wilmington District Corps of Engineers
Eric Alsmeyer, USAGE Raleigh Field Office
NCDWQ Winston-Salem Regional Office
Christopher Militscher, US Environmental Protection Agency -Region N
William Gilmore, NC Ecological Enhancement Program
Ron Ferrell, NC Wetlands Restoration Program
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;
^ 4,610 linear feet of on-site stream relocation
^ 6,919 linear feet of jurisdictional stream loss;
^ 20.46 acres of Zone 1 Randleman Lake Riparian Buffers
^ 11.79 acres of Zone 2 Randleman Lake Riparian Buffers
The U-2524 AB/AC and AB Part I projects shall be constructed pursuant to the application dated July 21,
2003 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 of 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 conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. 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 assure
compliance with the appropriate turbidity water quality standard.
a. The erosion and sediment control measures for the U-2524AB/AC and AB Part I 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.
b. 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. The reclamation measures and implementation must comply

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with the reclamation in accordance with the requirements of the Sedimentation Pollution Control
Act.
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.
2. 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
Division of Land Resources has released the project.
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.
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. NCDOT 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 impractical. 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 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 on-site stream relocations shall utilize natural channel design.
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. The channels must be allowed to stabilize for an
entire growing season. 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
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.
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 Biological Monitoring shall be performed in accordance with the Stream Restoration
protocols found in the Interim, Internal Technical Guide Summary: Benthic
Macroinvertebrate Monitoring Protocols for Compensatory Stream Restoration and
Enhancement Level 1 Projects (NC Division of Water Quality, 401 Water Quality
Certification Program, May 16, 2001 see
http://h2o. enr.state. nc. us/ncwetlands/strmmito. htm)
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 above easement or other legally binding
mechanism or agreement must be in place before any construction impacts approved un
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.

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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 lion
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.
^ 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 the agencies.
Randleman Riparian Buffer Miti ag tion
^ NC Ecological Enhancement Program (EEP) has agreed to provide compensatory mitigation
in a letter dated September 25, 2003. 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
Stream Miti ag_ lion
^ NC Ecological Enhancement Program has agreed to provide compensatory mitigation for
7,171 linear feet of stream impacts incurred for construction of U-2524AB Part 1 in a letter
dated September 9, 2003.
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 and
EEP receives and clears your payments, wetland or stream fill shall not occur. The payments to
NCWRP and NCEEP 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 has 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, DWQ shall notify
NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A
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 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 6`'' day of October 2003
WATER QUALITY
J
Klimek, .E.
WQC No. 3435

NORTH CAROLINA -DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project No. 030909, is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose of constructing
Greensboro Western Urban Loop from I-85 south of Groometown to south of I-40 interchange (TIP
Nos. U-2524AB/AC and AB Part 1). All activities associated with these authorized impacts must be
conducted in accordance with the conditions listed in the attached certification transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION:
LOCATION: Greensboro Western Urban Loop from I-85 south of Groometown to south of
I-40 interchange.
COUNTY: Guilford
BASIN/SUBBASIN: Cape Fear River Basin, Cataloging Unit 03030002
As required by 15A NCAC 2B .0250 and 15A NCAC 2H .0506(h), and the conditions of this
certification, you are required to compensate for the above impacts through the restoration, creation,
enhancement or preservation of wetlands, buffers, and surface waters as outlined below prior to
conducting any activities that impact or degrade waters of the state.
Mitigation to be performed by NC Wetland Restoration Program in Hydrologic Unit 03030003:
^ 2.82 acres of wetlands.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must
be rounded to one-quarter increments according to 15A 2R .0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the Wetland Restoration Program per 15A NCAC 2R .0503. If you choose this
option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below.
An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS
RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DNISION OF WATER QUALITY
1619 Mail Service Center
RALEIGH, NC, 27699-1619
[phone]