20000874 Ver 1_Approval Letter_20040928

ATILA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
September 28, 2004
Mr. Gregory J. Thorpe, Ph.D., Environmental Director
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699 -1548
Dear Dr. Thorpe:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
NH-FRO
OCT 1; 2004
UWQ
Re: MODIFICATION TO Water Quality Certification Pursuant to §401 of the Federal Clean Water Act,
Ellerbe Bypass and Ellerbe Connector (NC 73 Extension) Richmond and Montgomery Counties.
TIP No. R -2231;
Federal Aid No. NBF- 45- 1(49);State Project No. 8.T550803;
TIP No. R -3303;
Federal Aid No. STP- 73(4); State Project No. 8.1581201. �.
DWQ Project No. 000874 1
Attached hereto is a copy of the Modification to Certification No. 3419 issued to The North Carolina
Department of Transportation dated September 28, 2004. All of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated April 1,
2003, and all other corresponding modifications still apply except where superseded by this
certification.
If we can be of further assistance, do not hesitate to contact us.
Since
L- v
Ian W. Klimek, P.E.
Attachments
cc: Wilmington District Corps of Engineers
Richard Spencer, USACE Wilmington Field Office
Ken Averitte, NCDWQ Fayetteville Regional Office
Christopher Militscher, US Environmental Protection Agency — Region IV
T. Johnson, PE, Division Engineer, NCDOT Division 8
Central Files
File Copy
"transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 North C arohna
Phone: [phone] FAX [phone]/ Internet: htW:/lh2o.erir.state.ne.us/newctlands ' a'atmni l ,

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, Section .0500. The attached modification
authorizes impacts to wetlands and streams as described herein. This modification is applicable
only to the additional proposed activities. All the authorized activities and conditions of
certification associated with the original Water Quality Certification dated April 1, 2003 and all
other corresponding modifications still apply except where superceded by this certification.
Westland Impacts in the Yadkin River Basin
Section
Riverine
(acres)
Non-
Riverine
(acres)
Total
(acres)
Section A
8.01
4.28
12.29
Section B
5.68
2.38
8.06
Section CA
0.00
0.00
0.00
Section CB
6.02
0.00
6.02
R -3303
0.92
0.00
0.92
Total
20.63
6.66
27.29
5
Wetland imnact<S in the Lumber Diver Basin
Section
Riverine
(acres)
Non-
Riverine
(acres)
Total
(acres)
Section A
0.00
0.00
0.00
Section B
0.25
0.00
0.25
Section CA
1.87
0.00
1.87
Section CB
0.00 1
0.001
0.00
R -3303
0.001
0.001
0.00
Total
2.121
-676
2.12
�
nrfigre Water Impacts for the Yadkin River Basin
Section
Stream
Impacts
(linear feet)
Natural
Channel
Design
(linear feet)
Offsite
Mitigation
Requirement
(1:1 Ratio)
Section A
2335
0
2335
Section B
1854
0
1854
Section CA
0
0
0
Section CB
2693
676
2017
R -3303
315
0
315
Total
7197
-676
1 6521

NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 3
September 28, 2004
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The 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 project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur! in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pr6ponstruction Notice Application. All
construction activities, including the design, installatio%, operation, and maintenance of
sediment and erosion control Best Management Practicds, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
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 six months of the date that the Division of Land Resources has released the project.
4. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality - related conditions of the
FONSI or ROD shall become conditions of this Certification.
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened.
6. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this certification. Should
waste or borrow sites be located in wetlands or stream, compensatory mitigation will be
required since it is a direct impact from road construction activities.
7. All channel relocations will be constructed in a dry work area, and stabilized before stream
flows are diverted. Channel relocations will be completed and stabilized prior to diverting
water into the new channel. Whenever possible, channel relocations shall be allowed to
stabilize for an entire growing season. Vegetation used for bank 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 the relocated channel to the

NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 2
September 28, 2004
Cnrfarw Water impacts for the Lumber River Basin
Section V�
Impacts
(linear feet)
Ponds
(acres)
On -Site
Natural
Channel
Design
(linear feet)
Mitigation
Required
Section A
0
0
0
Section B
0
12.36
1066
-1066
Section CA
351
0
351
Section CB
0
0
0
R -3303
0
0
0
Total
351
12.36
1066
-715
The application provides adequate assurance that the discharge of fill material into the waters of
Yadkin and Lumber River Basins 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 � olate the applicable portions of
Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -2,17 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, as
described in the Public Notice. Should your project change, you are required to notify the DWQ
and you may be required to 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 three
years from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
1. 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 waters standards:

NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 5
September 28, 2004
11. Construction activities related to the section of the Ellerbe Connector (NC 73 Extension, TIP
R -3303) located in Richmond County are hereby authorized by this certification.
12. Placement of culverts and other structures in waters, streams, and wetlands must 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 stream
beds 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. The permittee shall require its contractors (and/or agents) to comply with all of the terms of
this certification, and shall provide each of its contractors (and/or agents) a copy of this
certification.
14. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers.
1
15. Riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion of construction.
16. The dimension, pattern and profile of the stream above and below the crossing should not be
modified by widening the stream channel or reducing the depth of the stream. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
17. Any riprap used must not interfere with thalweg performance and aquatic life passage during
low flow conditions.
18. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials.
19. 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.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
21. Myrick's Pond:
a. The step -pool sequence, associated flood plain, and constructed channel to connect the
existing type A basin/perinanent impoundment to the existing stream channel shall be
constructed in the dry. Water shall not be turned into the step -pool channel sequence
until the sequence is completed and stabilized. Water shall not be turned into the

NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 4
September 28, 2004
maximum extent practical. A transitional phase incorporating coir fiber and seedling
establishment is allowable. Also, 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 any
calculations used to determine the extent of rip -rap coverage requested.
8. Compensatory mitigation of 54.58 acres shall be done for 27.29 acres of impacts to
jurisdictional wetlands in the Yadkin River Basin. In addition, 2.45 acres of compensatory
mitigation shall be provided to offset 2.12 acres of jurisdictional wetlands in the Lumber
River Basin. The mitigation shall be provided as described below.
Mitigation
Acres of WL
Type of
River Basin
Acres of Mitigation
Site
Debited
Mitigation
Credited
from Site
Key Branch
from Site
Mitigation
54.58
Restoration
Yadkin
54.58
Site
676
Restoration
`
676
Myrick Pond
Offsite
Mitigation
2.45
Restoration
Lumber
2.45
Site
Total
Offsite
57.03
9. For the construction activities for the bridge located from Station 190 +00 to 191 +53, the
NCDOT shall strictly adhere to sediment-and erosion control Best Management Practices as
described for High Quality Waters entitled "Design Standards in Sensitive Watersheds" (15A
NCAC 04B .0024) throughout design and construction of the project.
10. Compensatory mitigation for impacts to streams shall be done for 7249 linear feet of stream
impact in the Yadkin Basin and 351 linear feet of impact in the Lumber Basin, at a
replacement ratio of 1:1. The mitigation shall be provided as described below.
Mitigation
Linear Feet
Type of
River Basin
Acres of Mitigation
Site
of Streams
Mitigation
Credited
Debited
from Site
Sites 3 & 6
Onsite
in Section B
676
Restoration
Yadkin
676
Key Branch
Offsite
Mitigation
6183
Restoration
Yadkin
6183
Site
Haithcock
Offsite
Mitigation Site
390
Restoration
Yadkin
390
Myrick Pond
Onsite
Site
351
Restoration
Lumber
1 351
Total
1
1 7600

NCDOT TIP R -2231, R -3303, DWQ # 000874
Page 6
September 28, 2004
relocated step -pool sequence and channel until the USAGE and the NCDWQ have
conducted a site review of the newly constructed step -pool sequence and associated area.
b. If any of the step -pool sequence or associated flood plain riparian areas are determined
to be unstable, the area shall be repaired. All repair designs must be submitted to and
receive written approval from the Division before the repair work is performed.
c. Riparian vegetation, using native trees, shrubs, and herbaceous plants, must be re-
established within the flood plain area, as well as the construction area, by the end of the
growing season following completion of construction to provide long -term erosion
control.
d. Rock vanes shall be constructed and placed according to the plan sheets titled Site 6
Impoundment w / Step Pools, Rip Rap Berm and Cross Vane Rock Weir Detail Sheet
received by the Transportation Permitting Unit on September 1, 2004.
22. 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 Transportation Permitting Unit of tl�e Division of Water Quality upon
completion of the project.
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 this Certification is unacceptable to you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the
form of a written petition conforming to Chapter 150B of the North Carolina General Statutes
and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 28 th day of September 2004
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
Modification to WQC No. 3419

Certificate of Completeness
DWQ Project No.; 000874 County: Richmond/Montgomery
Applicant: NCDOT
Project Name: Ellerbe Bypass and Ellerbe Connector (NC 73 Extension)
Date of Issuance of 401 Water Quality Certification: September 28, 2004
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 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699 -1621. This form may be returned to DWQ 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
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.
i
Signature: Date:
Agent's Certification
1, , 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:
If this project was designed by a Certified Professional
1, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) 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
Date
Registration N