20001432 Ver 9_Approval Letter_20120105

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governo
Division of Water Quality
Charles Wakild P E
Director
January 5 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
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 improvements to US 421 NC 87 (Sanford Bypass)
from West of SR 1400 to West of US 1/151501 in Lee County Federal Aid Project No STPNHF 421(2))
State Project 8 T540402 WBS Element No 34431 1 1 TIP Project No R 2417AA
NCDWQ Project No 00 1432 v 9
Dear Dr Thorpe
Attached hereto is a modification of Certification No 3378 issued to The North Carolina Department of
Transportation (NCDOT) dated April 10 2002 All authorized activities and conditions of the original Water
Quality Certification and all subsequent modifications still apply except where superseded by this certification
If we can be of further assistance do not hesitate to contact us
Sincerely
harles Wakild P E
Director
Attachments
cc Ronnie Smith US Army Corps of Engineers Wilmington Field Office (electronic copy only)
Tim Johnson PE Division 8 Engineer
Art King Division 8 Environmental Officer (electronic copy only)
Chris Militscher Environmental Protection Agency (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Beth Harmon Ecosystem Enhancement Program
Sonia Carillo NCDWQ Central Regional Office (electronic copy only)
File Copy
Transportation Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet http / /h2o enr state nc us /ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
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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 authorized the NCDOT to impact an additional 90 linear feet of
jurisdictional streams in Lee County The project shall be constructed pursuant to the modification dated received
October 19 2001 and additional information dated received on December 6 2011 and December 19 2011 The
revised authorized impacts are as described below
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Stream (linear
Stream (linear
Perennial
Perennial
(linear ft)
Requiring
ft)
ft)
Stream
Stream (linear
Mitigation
linear ft
ft )
(linear ft)
Original approved impacts at
Site 5 Sta 87 +90 (LT /RT)
295
47
342
295
UT to Buffalo Creek
New additional impacts with
this approval at Site 5 Sta
345
0
345
345
87 +90 (LT /RT) UT to
Buffalo Creek
Original approved impacts at
Site 6 Sta 120 +57 (LT/RT)
320
83
403
320
UT to Buffalo Creek
New additional impacts with
this approval at Site 6 Sta
320
113
433
320
120 +57 (LT /RT) UT to
Buffalo Creek
Original approved impacts at
Site 9 Sta 177 +29 (LT /RT)
425
60
485
425
UT to Big Buffalo Creek
New additional impacts with
this approval at Site 9 Sta
425
70
495
425
177 +29 (LT /RT) UT to Big
Buffalo Creek
Total
1,090
183
l 273
1,090
Total Revised Stream Impact for Sites 5 6 & 9 1,273 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 19 2001 and additional information dated received on December 6 2011 and December 19 2011
All the authorized activities and conditions of certification associated with the original Water Quality Certification
dated April 10 2002 and all subsequent modifications still apply except where superseded 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
1 This modification is applicable only to the additional proposed activities All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated April 10 2002
and subsequent modifications still apply except where superseded by this certification
Compensatory mitigation for the additional 50 ft of permanent stream impacts associated with Site 5 is
required We understand that you have chosen to perform compensatory mitigation for this impact of
wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that EEP has agreed to
implement the mitigation for the project EEP has indicated in a letter dated December 20 2011 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements
for the above referenced modification in accordance with the North Carolina Department of Environment
and Natural Resources Ecosystem Enhancement Program In Lieu Fee instrument signed July 28 2010
At Permit Site 5 NCDOT will design and install a series of rock veins on the outlet end of the 54 RCP to
create a natural stream profile and enhance aquatic organism passage NCDOT will coordinate these
efforts with the Division of Water Quality and provide as built drawings when completed
4 For the 517 linear feet of streams being impacted due to site dewatering activities and temporary crossings
the site shall be graded to its preconstruction contours and revegetated with appropriate native species
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 OOam and 5 OOpm 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 [phone]
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 5th day of January 20012
DIVISION OF WATER QUALITY
es Wakild P E
Director
WQC No 3378