20130223 Ver 1_Approval Letter_20130702

AmA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
July 2, 2013
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed Greensboro Urban Loop from SR 2176 (Bryan Blvd.) to SR
2303 (Lawndale Dr.) in Guilford County, Federal Aid Project No. STP- NHF- 124(1), State Project No.
34820.1.2, TIP U2524C and D.
NCDWQ Project No. 20130223.
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3965 issued to The North Carolina Department of Transportation
(NCDOT) dated July 2, 2013.
If we can be of further assistance, do not hesitate to contact us.
Sincerely
T mas A. Reeder
Acting Director
Attachments
cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Jerry Parker, Division 7 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 (electronic copy only)
DWQ WSRO Amy Euliss
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: 919 - 807 -6488
Internet: www=waterguality.org
An Equal Opportunity 1 Affirmative Action Employer
J
NorthCarolina
Natzmally

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. This certification authorizes the NCDOT to impact 6.13 acres of jurisdictional wetlands in the C
section and 0 acres of jurisdictional wetlands in the D section, and 3471 linear feet of jurisdictional streams in the C
section and 4684 linear feet of jurisdictional streams in the D section in Guilford County. The project shall be
constructed pursuant to the application dated received March 3, 2013with additional information dated received
April 12, 2013 and May 29, 2013. The authorized impacts are as described below:
U- 2524C: Stream Impacts in the Cape Fear River Basin
Site (stream id-
jd packet)
Permanent Fill
in Intermittent
Stream
(linear ft)
Temporary Fill
in Intermittent
Stream
(linear ft)
Permanent Fill
in Perennial
Stream
(linear ft)
Temporary Fill
in Perennial
Stream
(linear ft)
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
(linear ft)
1 (SA)
396
13
409
396
2 (SA)
32
14
46
32
2 (SB)
24
24
0
3 (SC)
348
20
368
348
3A (SD)
30
30
0
4 (SE)
361
46
407
361
5(SF)
725
40
765
725
5A (SG)
115
115
0
6 (SH)
60
15
75
0
7 (SI)
238
10
248
238
7A (SJ)
57
57
0
8 (SL)
425
20
445
425
10 (SM)
16
0
16
0
13 (SP)
264
20
284
264
13 (SO)
22
22
0
HCl (SO) •
40
40
0
HC2 (SO)
20
20
0
HC3 (SO)
20
20
0
HC4 (SO)
20
20
0
HC5 (SO)
20
20
0
II
40
1
40
0
TOTAL
60
1 55
3053
1 303
3471
2789
Total Stream Impact for U2524C Project: 3471 linear feet

U252413: Stream Impacts in the Cape Fear River Basin
Site (Stream id)
Permanent Fill
in Intermittent
Stream
(linear ft)
Temporary Fill
in Intermittent
Stream
(linear ft)
Permanent Nall
in Perennial
Stream
(linear ft)
Temporary Fill
in Perennial
Stream
(linear ft)
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
(linear ft)
](16S)
1
0.10
393
10
403
393
2(17S)
0.12
7
919
10
929
919
3(175)
0.01
0.01
1488
10
1498
1488
4(17S)
0.02
35
l0A
35
35
4(19S)
0.01
1218
20
1238
1218
5(20S)
0.19
141
10
151
0
6(21S)
311
10
321
311
7 (not id'ed)
1.24
99
10
1 109
0
TOTAL
0
0
4604
80
1 4684
4364
Total Stream Impact for U -2524D Project: 4684 linear feet
U- 2524C: Wetland Impacts in the Cape Fear River Basin
Site
Fill (ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing (ac)
Total
Wetland
Impact (ac)
Impacts
Requiring
Mitigation (ac)
1
0.10
0.02
0.12
0.12
7
0.01
0.01
0.01
9
0.02
0.02
0.02
l0A
0.01
0.01
0.02
0.01
11
0.19
0.19
0.19
12
2.57
0.36
2.93
2.93
13
1.24
0.34
0.64
2.22
2.22
14
0.11
0.11
0.11
W1
0.20
0.20
0.20
W2
0.79
0.79
0.00
W3
0.12
0.12
0.12
W4
0.01
0.01
0.01
U1*
0.14
0.14
0.14
U2*
0.04
0.04
0.04
U3*
0.01
0.01
0.01
Total
4.03
0.80
0.34
1.76
0.00
6.93
6.13
*U1, U2 and U3 are utility impacts
Total Wetland Impact for U -2524C Project: 6.93 acres.
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 application dated received March
3, 2013with additional information dated received April 12, 2013 and May 29, 2013. Should your project change,
you are required to notify the 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 NC AC
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:
Project Specific Conditions
1. When final design plans are completed for U2524 Section D, a modification to the 401 Water Quality
Certification shall be submitted with two copies and fees to the NC Division of Water Quality. Final designs
shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and
other surface waters, and buffers. No construction activities that impact any wetlands, streams, surface
waters, or buffers located in U2524 Section D shall begin until after the permittee applies for, and receives a
written modification of the 401 Water Quality Certification from the NC Division of Water Quality.
2. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan Water
Supply Nutrient Strategy [ 15A NCACO2B .0267]. NCDOT shall coordinate with NCDWQ prior to
submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient
Strategy. This condition does not apply to major modifications for additional sections of the project that
were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization
stage of the project.
3. NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) at stream
crossings within the WS II1; CA watershed. The HSCBs shall be located at Station numbers —L- 380 +38, -
L- 387 +14, -L- 398 +53, -L- 408 +98, and —L- 412 +09. At sta. no. —L- 419 +61, a hazardous spill basin is
not required due to the need for blasting in close proximity to the Colonial Gas Pipeline.
4. Compensatory mitigation for 7153 linear feet of impact to streams, including 2739 linear feet for U2524C
and 4364 linear feet for U2524D, is required. We understand that you have chosen to perform compensatory
mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and
that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated May
17, 2013 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above - referenced project, in accordance with the EEP Mitigation Banking
Instrument signed July 28, 2010.
5. Compensatory mitigation for impacts to 6.13acres riparian wetlands is required. We understand that you
have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina
Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the
project. EEP has indicated in a letter dated May 17, 2013 that they will assume responsibility for satisfying
the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in
accordance with EEP's Mitigation Banking Instrument signed July 28, 2010.
6. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds.
7. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre- construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWQ staff shall be invited to the
pre- construction meeting.
8. A turbidity curtain will be installed in the stream for the crossing of Horsepen Creek if driving or drilling
activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank. This
condition can be waived with prior approval from DWQ.
9. Two copies of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre -
construction meeting. The permittee shall provide written verification that the final construction drawings
comply with the permit drawings contained in the application dated March 3, 2013with additional
information dated received April 12, 2013 and May 29, 2013. Any deviations from the approved drawings
are not authorized unless approved by the NC Division of Water Quality.
10. Channel relocations shall be completed and stabilized, and approved on site by NCDOT Environmental
staff or DWQ, prior to diverting water into the new channel. Stream banks shall be matted with coir -fiber
matting, unless rip rap is approved with this certification. Vegetation used for bank stabilization shall be
limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides
of the relocated channel to the maximum extent practical. Also, additional 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. Once the
stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new
channel to prevent fish kills.
11. The post - construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species.

12. Strict adherence to the most recent version of'NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
13. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre- treated through site- appropriate means (grassed swales, pre- formed scour holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best
Management Practices.
14. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from NCDWQ first.
15. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
16. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water.
17. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and /or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
18. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and
installed.
19. For the 438 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species.
20. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species.
21. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation.
General Project Conditions:
22. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. 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 is being
maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
23. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
24. 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.
25. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
26. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
27. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
28. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the
presence of sulfide- bearing rock must be approved by DWQ.
29. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as

sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
30. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
31. 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.
32. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
33. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
34. The permittee 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 Clean Water
Act) and any other appropriate requirements of State and Federal law. If NCDWQ 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 further conditions are necessary to assure compliance,
NCDWQ may reevaluate and modify this certification.
35. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification..
36. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on -site project manager.
37. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
38. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
39. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
40. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed.
41. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
42. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a
direct impact from road construction activities.
43. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification..
44. 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:
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. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
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: (919) -431 -3000, Facsimile: (919) - 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 2nd day of July 2013
DIVISION OF WATER QUALITY
Thomas A. Reeder
Acting Director
WQC No. 3965