20120142 Ver 2_Approval Letter_20120928

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
September 28 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysts
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 the proposed widening and new lane construction from US 74
(Rockingham/Hamlet Bypass) to US 220 (Ellerbe Bypass) in Richmond County Federal Aid Project No
NHF 0220(4) State Project No 8 1580802 TIP R 3421A B & C
NCDWQ Project No 20120142v 2
Dear Dr Thorpe
Attached hereto is a modification of Certification No 3916 issued to The North Carolina Department of
Transportation (NCDOT) dated May 10 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
44�
Charles Wakild
Director
cc Ronnie Smith US Army Corps of Engineers Wilmington Field Office (electronic copy only)
Richard Hancock PE Division 8 Engineer
Art King Division 8 Environmental Officer
Chris Mihtscher Environmental Protection Agency (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www rimaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natyrally

1
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 an additional 27 linear feet ofjurisdictional
streams in Richmond County The protect shall be constructed pursuant to the modification dated received
September 18 2012 The authorized impacts are as described below
Stream Impacts in the Yadkin Pee Dee River Bann
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 13A
0
0
0
0
0
0
462 +70 —L (LT) Detour
New impacts with this
approval at Site 13A
0
27
0
0
27
0
462 +70 —L (LT) Detour
Total
0
27
0
0
27
0
Total Stream Impact for Site 13A 27 linear feet
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 September 18 2012 All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated May 10 2012 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
1 This modification is applicable only to the additional proposed activities at Site 13A All of the authorized
activities and conditions of certification associated with the original Water Quality Certification dated
May 10 2012 still apply except where superceded by this certification
2 Geotextile fabric shall be placed within and along the banks of the 27 linear feet of stream channel to be
temporarily impacted at Site 13A to ease removal of fill material from the temporary detour
3 Grubbing within the 50 foot riparian area of the stream should be avoided to the maximum extent
practicable at Site 13A

i • 4 The impacted stream banks and riparian area at Site 13A shall be restored as closely as possible to its
pre impacted condition during removal of the temporary detour If any trees are removed within the
riparian area appropriate native tree species shall be planted to replace any removed to construct the
detour
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 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
Mr William Carey General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 28th day of September 2012
DIVISION OF WATER QUALITY
Charles Wakild
Director
WQC No 3916