20000874 Ver 1_Approval Letter_20030401

0� \NA7- Michael F. Easley, Governor
'.
r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 1, 2003
Dr. Gregory J. Thorpe, PhD, Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Ellerbe Bypass and Ellerbe Connector (NC 73 Extension) in Richmond and Montgomery Counties.
WQC Project No. 000874
Attached hereto is a copy of Certification No. 3419 issued to The North Carolina Department of Transportation
dated April 1, 2003.
If we can be of further assistance, do not hesitate to contact us.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
DWQ Fayetteville Regional Office
Central Files
File Copy
Sincerely,
K. i me 1,P P.E. T
wan ek
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�oF WArF�w Michael F. Easley, Governor
William G_ Ross Jr., Secretary
`O G North Carolina Department of Environment and Natural Resources
rAlan W. Klimek, P. E. Director
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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. This certification authorizes the NCDOT to place fill material in 29.81 acres of
jurisdictional wetlands and 7600 linear feet of streams in Richmond and Montgomery Counties. The project shall be
constructed pursuant to the application dated February 14, 2003 to construct the Ellerbe Bypass (TIP R -2231) and
the Ellerbe Connector (TIP R -3303) in Richmond and Montgomery Counties and the impacts shall occur has
described below.
Wetland imnnetc in the Yadkin River Ravin
Section
Riiverine
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
1.32
0.00
1.32
Total
21.03
6.66
27.69
Wetland imnnetc in the i.nmher River Ravin
Section
Riverine
(acres)
Nan- 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
0.00
0.00
R -3303
0.00
0.00
0.00
Total
2.12
0.00
2.12
CnrtaeP Water imnnetc fnr the Vndkin River Rwdn
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
367
0
367
Total i
7249
-676
6573
I'l n f1:..:._:._.. _1 IAf -a -- A.. -H- -- AA_:. .n11 1n -n1 --- -

of WArl Michael F. Easley, Governor
, 9Q William G. Ross Jr., Secretary
`Q (� North Carolina Department of Environment and Natural Resources
rAlan W. Kilmek, P.E. Director
D �
Surface Water Im acts for the Lumber River Basin
Section
Impacts
Ponds
On -Site
Mitigation
(linear feet)
(acres)
Natural
Required
Channel
Design
(linear feet)
Section A
0
o
0
Section B
0
12.36 1
1066
-1066
Section CA
351
01
351
Section CB
0
0 1
0
R -3303
0
of
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 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, 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 214.0506 (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:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the
"North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of
Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. 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 two months of the Division of Land Resources
has released the project,
N. C. Division of Water Quality 1650 Mail Service Center Raleloh. NO 27844 -IAga Iola% 7oo.170a

WA rE19QG
V3 �
v �
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
3. 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;
4. Measures shall betaken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. 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,
6. 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 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.
7. Compensatory mitigation of 55.38 acres shall be done for 27.69 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 Site
Acres of WL
Type of
River Basin
Acres of Mitigation
Debited from
Mitigation
Credited
Site
Key Branch
Mitigation Site
55.38
Restoration
Yadkin
55.38
Myrick Pond
Mitigation Site 1
2.45
1 Restoration
Lumber
2.45
Total
57.83
8. 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.
N. C. Division of Water Quality 1650 Mail Snru;rn r.nnlnr PAWnh nir. 97AQ0.1 ar;n /0401 Ya" 100

o�0� WAr��Q�
❑ "C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departnent of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Violations of any condition herein set forth shall 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.
WQC No. 3419
This the I" day of April 2003
DIVISION OF WATER QUALITY

I ,
o�oF wArF,qpG
r
v �c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
9. Compensatory mitigation for impacts to streams shall be done for 7249 linear feet of stream impact in the
Yadkin Basin and 351 Iinear feet of impact in the Lumber Basin, at a replacement ratio of 1:1. The
mitigation shall be provided as described below.
Mitigation Site
Linear Feet of
Type of
River Basin
Acres of Mitigation
Streams
Mitigation
Credited
Debited from
Site
Sites 3 & 6 in
Onsite
Section B
676
Restoration
Yadkin
676
Key Branch
Offsite
Mitigation Site
6I83
Restoration
Yadkin
6183
Haithcock
Offsite
Mitigation Site
390
Restoration
Yadkin
390
Myrick Pond
Onsite
Site
351
Restoration
Lumber
351
Total
1
7600
10. A final plan for the Haithcock Mitigation Site shall be submitted, and written approval received from the
NC Division of Water Quality, by October 1, 2003.
11. A final plan for the Key Branch Mitigation Site shall be submitted, and written approval received from the
NC Division of Water Quality, by October 1, 2003.
12. No construction activities related to the section of the Ellerbe Connector (NC 73 Extension, TIP R -3303)
located in Richmond County are authorized by this certification. Prior to any construction activities
related to the Ellerbe Connector (NC 73 Extension, TIP R -3303) a modification to this certification is
required. A submittal of a modification request, with seven copies, and corresponding fees will have to be
submitted to the North Carolina Division of Water Quality.
13. 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 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
14. 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.
15. 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.