20030909 Ver 4_Approval Letter_20050323

. ~ ~ J'
~ w A rF Michael F. Easley~.,ti~':~ nor
O R William G. Ross Jr. ecr~!ary
\OC~ pG North Carelin, Department of Environment and Natur;,l Resources
Vj ~ Alan W. Klimek, P.E., Director
~ y [`•~~i~ion of Water Quality
~ ~ Coleen FI. Sullins, Deputy Director
Division of Water Quality
Mr. Gregory J. Thorpe, Ph.D., Director
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC, 27699-1548
O
March 23,
"DLO ~9 ~
~~
Re: Modification of Water Quality Certification Pursuant to Section 401 of the Federal Clean
Act, Greensboro Western ilrban 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
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3435 issued to "I'he North Carolina Department of
Transportation originally issued on October 6, 2003 and modified October 23, 2003 and June 7, 2004.
This modification is being issued to acknowledge modifications to the stream and buffer impacts at Site 7.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
Attachments
Pc: Wilmington Dt
John Thomas, L ~~ ~~
Mike Mills, Divi, ~+ ~ ~~~~ °_~ ~'~~~ ~"' ,
Jerry Parker, P.E., C ;
DWQ Winston-Sal. '~-. t is .~ ~ \ \ -~l_' ~._
Wetlands/401 Trans,
Central Files j~' ~, ~ ~'

'~
N~'~* ~'
North Caroli,
1650 Mail 5
2321 C
919-733-1786 (phoi

Gr~~~y J. Thorpe, Ph.D.
§~~J1 ater Quality Certification No. 3435
U-2524 A~/AC Modification, DWC~# 0309u9
March 23, 2U~5
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 1S NCAC 2H, Section .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;
• 4,748 linear feet of on-site stream relocation;
• 6,919 linear feet of jurisdictional stream loss;
• 20.61 acres of Zone 1 Randleman Lake Riparian Buffers; and
• 11. 86 acres of Lone 2 Randleman Lake I.Ziparian Buffers.
The 138 feet additional impact of on-site stream relocation, and 0.05 acre additional impact to lone 1 of
Randleman Lake Riparian Buffer requested in the February 2S, 2005 Individual Permit 1Vlodification
request are included in the above impact values.
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, April 30, 3004 and February 2S, 2005 to
construct the Greensboro Western iJrban Loop from 1-85 south of Groometown to south of 140
Interchange in Guilford County.
The application provides adequate assurance that the discharge of fill material into the waters of the sl
with the proposed development will not result in a violation of applicable Water Quality Standards an
discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
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.
"Phis 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 ISA NCAC 2H .0506 (h) (6) and (7). Forth
approval to remain valid, you are required to comply with all the conditions listed below. In addition,
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,
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 AL~ 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 associate with
the projects included under this Certification.
~'h, ~ .
1

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3435
U-2524 AB/AC Modification, DWQ# 030909
March 23, 2005
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 ira
Sensitive Watersheds (i SA 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 atnon-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. F,xcavation 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 w
be modified by widening the stream channel or changing the depth of the stream.

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3435
U-2524 AB/AC Modification, DWQ# 030909
March 23, 2005
10. The removal of vegetation in riparian areas should be minimized. NCDO"t 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. Re-forestation of riparian buffer areas shall be in accordance with an approved re-forestation plan.
12. 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 consh•uction to
reestablish the riparian zone and to provide long-term erosion control.
13. Placement of culverts and ether 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.
14. 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.
15. On-Site Stream Relocations: The five on-site st<-eam relocations (listed below) shall utilize natural
channel design:
^ AB Part 1 Site 7 from Sta. 11f60 to Sta. l 1f67 -40 SB REV-
^ AB Part 1 Site 17 from Sta. 11100 to Sta. 13f00 -40 SB REV-
^ AB Site 3 from Sta. 34+00 to Sta. 37f 10 -L-
^ AC Site 1 from Sta. 57f80 Lt to Sta. 58+57 Rt -L-
^ AC Site 2BA from Sta. 1O1f80 -L- to Sta. 12f70 -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 a
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.
o Additionally, all repair designs must be submitted to and receive written approval from
the Division before the repair work is performed.

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3435
U-2524 AB/AC Modification, DWQ# 030909
March 23, 2005
o Monitoring for geomorphological stability shall be performed for each relocated channel
in accordance with accepted protocols established by tJS Arnly 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 e 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 USAGE 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
U02524 AB/AC and AB Part 1) is opened and any mitigation credit is given.
16. 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 constriction of U-2524AB Part 1. DWQ
acknowledges that this payment has been made under the §401 WQC for TIP Project No. 1-
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 (I-It103030003). 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 ration for 7.92 acres of mitigation. Phis site and the
mitigation ratios have previously been approved by Federal and State resource agencies.
Randleman Riparian Buffer Miti a~ tion
NC Division of Ecological Enhancement (DEF,) has agreed to provide compensatory mitigation
in a letter dated September 25, 2003. NCDOT will he 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 acre total
The Modification request dated April 30, 2004 requests additional impacts to the Randleman
Buffer. NCDOT proposes to mitigate for the additional 0.01 acre of impact to 7_one 1 and the
additional 0.07 acre of impact to 'Lone 2 through payment into the NC Wetland Restoration
Program for the DF,E 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 the April 30, 2004 modification until NCDWQ is in receipt of a letter from DEE accepting
buffer mitigation for this project.

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3435
U-2524 AB/AC Modification, DWQ# 030909
March 23, 2005
The Modification request dated February 25, 2005 requests additional impacts to the Randleman
Buffer as follows:
Zone Impacts Replacement Mitigation On-Site Mitigation
(ft1) Ratio Required Replacement totals to be
(ftz) paid to EEP
t~
1 1,987 3:1 5,961 1,987 3,974
2 0 1.5:1 0 0 0
NCDOT has chosen to perform compensatory mitigation for the additional impacts to protected
buffers through use of the North Carolina Ecosystem Enhancement Program (EEP). The payment
to EEP, and the required riparian buffer mitigation shall be implemented in accordance with all
the Memorandum's of Agreement signed between the North Carolina Department of
Environment and Natural Resources and the NC Department of Transportation that govern the
practice and function of the EEP.
Stream Mitigation
NCDOT proposes to use the following sites as compensatory mitigation for 7,171 linear feet of
stream impacts incurred for construction ofd U-2524AB Part 1:
^ Woodlyn Way Mitigation Site
^ Tick Creek Mitigation Site
^ UT to Bear Creek Miti ation Site
Site Name Available Mit'n. Miti ation Used Remainin Mit'n.
Woodl Wa 1,195 1,195 0
Tick Creek 4,190 4,190 0
UT Bear Creek 3,850 1,806 2,044
Total 9,235 7,191 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 WRI
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.
17. 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.
18. 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.