20040275 Ver 6_Approval Letter_20110923

ern
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 23, 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 I-85 fromjust
north of NC 150 to just north of I-85 Business in Davidson County. Federal Aid Project No.
NHF-85-3 (164) 80, WBS Division 9. TIP No. 1-2304AD, NCDWQ Project No. 2004-0275 v.7.
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, November 4, 2010, and May 10, 2011.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r
(yColeen H. Sullins
Director
Attachments
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 Unit
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: httplm2o.encstate.nc.uslncwedands/
one"
NorthCarolhia
?l?tllCa??lJ
An Equal Oppodunily 1 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 15 NCAC 2H.0500. This certification authorizes the NCDOT to impact 0.919
acres ofjurisdictional wetlands (Table 1) and 1326 linear feet of jurisdictional streams (Table 2) in
Davidson and Rowan Counties. The project shall be constructed pursuant to the modification dated
received August 25, 2011 with additional information dated received September 16, 2011. The
authorized impacts are as described below:
Table 1: Stream Impacts in the Yadkin-Pee Dee River Basin
Site Permanent
Fill in
Perennial
Stream
linear ft Temporary
Fill in
Perennial
Stream
linear ft Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
Previously permitted impacts at
Site 1 0 0 0 0
Revised impacts at Site 1 14 0 14 0
Previously permitted impacts at
Site 2 219 0 0 219
Revised impacts at Site 2 170 25 195 170
Previously permitted impacts at
Site 3 216 0 216 216
Revised impacts at Site 3 228 24 252 228
Previously permitted impacts at
Site 5 270 0 270 270
Revised impacts at Site 5 260 16 276 260
Previously permitted impacts at
Site 7 272 0 272 272
Revised impacts at Site 7 272 10 282 272
Previously permitted impacts at
Site 8a 179 0 179 0
Revised impacts at Site 8a 40 20 60 0
Previously permitted impacts at
Site 8b 201 0 201 201
Revised impacts at Site 8b 142 20 162 0
Previously permitted impacts at
Site 10 59 0 59 0
Revised impacts at Site 10 57 28 85 0

Total Revised Impacts 1183 143 1326 930
Total Stream Impacts'for Sites 1-8 and 10 (12304 AD): 1326 linear feet
Table 2: Riverine. Wetland Impacts in the Yadkin-Pee Dee River Basin
Site Fill Fill (temporary) Mechanized Total Wetland
(ac) (ac) Clearing/Excava Impact (ac)
tion
ac
Previously 0.033 0 0.019 0.05
permitted impacts
at Site 1
Revised impacts 0 0 0 0
at Site 1
Previously 0.463 0 0.16 0.62
permitted impacts
at Site 3
Revised impacts 0.420 0 0.150 0.57
at Site 3
Previously 0.071 0 0.036 0.11
permitted impacts
at Site 4
Revised impacts 0.070 0 0.030 0.10
at Site 4
Previously 0.037 0 0.005 0.04
permitted impacts
at Site 6
Revised impacts 0.037 0 0.032 0.07
at Site 6
Previously 0.263 0 0.263 0.26
permitted impacts
at Site 8
Revised impacts 0.170 0 0.010 0.18
at Site 8

0.697 0 '0.222 0.92
Total Revised
Impacts
Total Wetland Impacts for Site 1-8 (12304 AD): 0.92 acres.
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 August 25, 2011 with additional information dated received September 16, 2011. 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, September 27, 2010
and May 10, 2011 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.
Condition(s) of Certification:
I . All other conditions written into previous Water Quality Certifications dated March 14, 2004
with modifications issued November 22, 2001, September 27, 2010, November 4, 2010, and
May 10, 2011 for this project still apply except where they are superseded by this certification.
2. Compensatory mitigation for impacts to 0.920 acres of wetlands is required for the impacts
associated with sites 1-8 for 1-2304AD. Our records indicate the total amount of wetland
mitigation for I2304AC and AD is 2.47 acres, with 1.51 acres required I-2304 AC and 0.96 acres
required for 12304 AD. 2.37 acres are impacts to riverine wetlands, and these impacts will be
mitigated for on-site. The remaining 0.10 acres are non-riverine. We understand that you have
chosen to perform compensatory mitigation for these impacts 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. Compensatory mitigation for 930 linear feet of impact to streams is required. Our records
indicate the total amount of stream mitigation for I2304AC and AD is 2940 linear feet, with 366
linear feet required for site 9 (I2304 AD), 930 linear feet required for sites 1-8 and 10 (I2304
AD), and 1644 linear required for I-2304AC. 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.
4. 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.
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 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.
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. Any rip rap in stream beds that has been authorized in this permit modification shall be embedded
so that it does not impede aquatic 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 23th day of September 2011
DIVISION OF WATER QUALITY
en H. Sullins
Director
WQC No. 3455 v. 7
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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
Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ 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 and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Date:
Agent'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 and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
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 and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No.
Date