20030909 Ver 1_Approval Letter_20031024

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oF WA rF�goG williarn 0. Ross Jr., Secretary
Norlh Carolina Department of Environment and Natural Resources
(4 r Alan W. Klimek, P.E., Director
> y Division of Water Quality
0 Colleen H. Sullins, Deputy Director
Division of Water Quality
October 24, 2003 9
Mr. Gregory 1. Thorpe, Ph.D., Environmental Director
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699 -1548
Dear Dr. Thorpe:
Re: MODIFICATION TO Water Quality Certification Pursuant to §401 of the Federal Clean Water Act.
Greensboro Western Urban Loop, from I -85 south of Groomctown 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 the Modification to Certification No. 3435 issued to The North Carolina
Department of Transportation dated October 24, 2003.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r� t
•t4
Attachments
cc: Wilmington District Corps of Engineers
Eric Alsmeyer, USACE Raleigh Feld Office
NCDWQ Winston -Salem Regional Office
Christopher Militscher, US Environmental Protection Agency — Region IV
Ron Ferrell, NC Wetlands Restoration Program
William D. Gilmore, P.E., Transition Manager, NC DENR Division of Ecosystem Enhancement
Central Files
File Copy
E-11"',
j �.
North Carolina DMslon of water Quality, 401 Wetlands Certificatlon Unit,
1650 Mail Service Center, Raleigh, NC 27099.1850 (Mailing Aaorese)
2221 Crabtree Blvd., Raleigh, NC 27604-2280 (Location)
919. 733 -1786 (phone), 919-733 -6893 (tax). httoJih2o .enr.state.nc.vs /ncwetlandsi

CITIZEN PARTICIPATION Fax [phone] Oct 24 '03 13 33 P 03/09
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
per manent 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 j un sdi cti onal 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 and Modification request dated October 24, 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 Cernficatton 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 i equired as described in 15A NCAC 2H .0506 (h) (6) and (7) For this
approval to remain valid, you are i equired 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- dischaige and Water Supply watershed regulations
This Ceniftcation 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 coiresponding US Amiy Corps of Engineers Peraut, whichever is later
Conditton(s) of Cemfication
1 Constriction shall be performed so that no violations of state water quality standards, statutes, or
rulct 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 surtace water quality standards
h The erosion and sedtrrieni control measures for the U- 2524AB /AC and AB Part 1 projects
must equal or cxceed 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 tinder this Certification
c for borrow pit sites, the evision and sediment control measures must equal or exceed the
proper design, installation, operation and maintenance outlined to the most recent version of
the North Carolina, Surface Mumig Manual
d The ieclamation measuis and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act

k_l l lCLIN r'HKI1UrH1 iUN rax yl` '3- 2�)U -42U8 Oct 24 '03 13 34 P 04/09
NCDOT shall strictly adhere to North Carolina regulations entitled, Design Sranda-ds in
Sensuive Warerrheds (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 tributanes NCDOT will not
be required to comply with 15A NCAC 2B 0124(a), which restncts 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 Cieek audits unnamed tributaries), stormwater shall be transported by vegetated
conveyance before discharge into the streams In either case, stormwater shall not be routed to
flow dmectly into streams Existing wooded stream buffers shall not be mowed in order to allow
there to provide diffuse stormwater flow and/or streambank stabilization.
3 Sediment and ei osion 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 fabnc
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.
5 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 wW be required since it is a direct impact fi-oin road construction activities
6 Excavation of stream crncrings should be conducted in the dry unless demonstiated by thc,
applicant or its authorized agent to be unfeasible Sandbags, cofferdams, flexible pipe, of 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 hydroseedeis 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 ripanan areas should be inrrumized NCDOT is encouraged io use
existing un -site vegetation and materials for stream bank stabilization and to miniruze the use of
rip rap Riprap shall not be placed in the stream bottom

! 1 l l,tf i rHK l ll_ i rH I l UN tax yly- 25U -42U�3 Uc t 24 '03 13 34 P 05/09
11 Riparian vegetation, using native trees and shrubs, muss be le- established within the construction
loruts 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 wateis, sttearru, 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
dcmonstrated 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 Relocattom The five on -site stream relocations (listed below) shall utilize
natural channel design
AB Part 1 Site 7 from Sta. 11+60 to Sta 11 +67 -40SB REV-
AB Part 1 Sice 17 fiom Sta 11 +00 to Sta 13 +00 -10 SB REV-
AB Site 3 from Sta. 34 +00 to Sta 37+10 -L-
• AC Site 1 from Sta 57+80 Lt to Sta 58 +57 Rt -L-
• AC Site 2BA from Sta 101 +80 -L- to Sta. 12 +70 -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 The channels must be allowed to stabilize for an
entire growing season Vegetation used for batik 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
maxtmum extent practical A transitional phase incorporating coin fiber and seedling
establishment is allowable Rip -rap maybe 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 deteruuned to be
unstable, the stream shall be repaiied or stabilized using only natural channel design
techniques Additionally, the vegetation in the riparian area sbdll be mainwred and/or
replaced according to the approved plans Rip -rap and other bard structuies 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 rapatr work tt performed
oO Monitoring for geomoiphological stability shall be performed for each relocated channel
in accordance with accepted protocols established by US Army Corps of Engineers
(USACE) and NCDWQ
(o Biological Monitoring shall be performed in accordance with the Stream Restoration
protocols found in the Interim, Internal I eehnical Guide Summary Benthtc
Macro invertebrate Nonironng Prorocols for Compensatory Stream Restoration and
Enhancenienr Level 1 Projects (NC Division of Water Quality, 401 Water Quality
Certification Program, May 16, 2001 bttp //h2o enr state nc us/ncwetlandslstnnmito 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

= ITi2EN PARTICIPATION Fax :[phone] Oct 24 '03 13:35 P. 06/09
binding mechanism or agreement. The easements or other legally binding mechanisms or
agreements must be 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 US Army Corps of Engineers 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
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 Mitigation
Compensatory mitigation for 4.14 acres of werland 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. DWI
acknowledges that this payment has been made under the §401 WQC for TIP Project No. I-
2402 (reference WRl' letter of September 6, 1999).
NCDOT proposes to use 1.32 acres of mitigation from Sandy Creek Mitigation Site in
Randolph County (IiU 03030W3). This site has been approved by NCDWQ.
NCDOT proposes to use preservation credits from Blue Tract Mitigation Site in Moore
County (PICT 0303004) at a 12.1 ratio for 7.92 acres of mitigation. This site and the
ritigation ratios have previously been approved by Federal and State resource agencies.
Randleman Riparian Buffer Miti ga Lion
NC Division of Ecological Enhancement (DEE) has agreed to provide compensatory mitigation
in a letter dated September 25, 2003. NCDOT will be paying into the WRY 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
4,190
4,190
G0.26 ac. total
Stream Mitigation
NCDOT proposes to use the following sites as compensatory mitigation for 7,171 linear feet of
stream impacts incurred for construction of U- 2524AB Part 1:
Woodlyn Way Mitigation Site
■ Tick Creek Mitigation Site
• UT to Bear Creek Ktim-ation Site
Site Nam
Available Mir'n.
Mitigation Used
Remaining Mit'n.
Woodl , Wa
1,195
1,195
0
Tick Creek
4,190
4,190
0
UT Bear Creel
3,350
1.806
2,044
Total
9,235 5
7,191
2-1044
NCDOT shall provide 100% design plans for the UT to Bear Creek site within three (3)
months of issuance of this Modification.

u 1ictN F'W;I1LWHI1UN rax 919- 250 -4208 Oct 24 '03 13'36 P 07/09
In accordance with 15A NCAC 2R.0500, this contribution will satisfy NC Division of Water
QuaIity's compensatory mitigation requirements under 15A NCAC 2110506(h) Until the WRP
receives and clears your payments fa the Randleman buffer iutigation, wetland or stream fill
shall not occur The payment to NCWRP shall be sent widen 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_
constriction 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 ui the 401
Certification has been completed The responsible party shall complete the attached form and
return it to the 401/Wetlands Urut 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 "lean Water Act) and any other appropriate iequirements 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 f=hei
conditions are necessary to assure comphance, 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 211.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H O504 Any new or revised conditions shall be provided to NCDOT in writing, shall be
provided to the United States Army Corps of Engmeers 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 protect
NCDOT shall require its contractors (and/or agents) to comply with all of the terms of this
CCrtilicatiun, 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 end may result
in cnimnal 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 riot 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 Marl Service Center. Raleigh. N C 27699 -6714 This Certificadon and its
conditions are findl and binding unless you ask for a hearnig
This the 24h day of October 2003
DIVIS N QUALI
Kli P.E.
WQC No 3435