20140090 Ver 1_Approval Letter_20140411

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 11, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
John E. Skvarla, III
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed Winston -Salem Northern Beltway Eastern Section from US
158 to 1 -40 Bus/US 421, Forsyth County, TIP U- 2579B, NCDWR Project No. 2014 -0090
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. 3987 issued to The North Carolina Department of Transportation
(NCDOT) dated April 9, 2014.
If we can be of further assistance, do not hesitate to contact us.
k rely,
Thomas A Reeder, irectc r
Division of Water Resources
Attachments
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Amy Euliss, Division 9 Environmental Officer
Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, Natural Environment Section (electronic copy only)
Jim Stanfill, Ecosystem Enhancement Program
Dave Wanucha, NCDWR Winston Salem Regional Office
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet: www.nCwatergualitY.orq
An Equal Opportunity 1 Affirmative Action Employer
NonrthCarolina
�atmall'y

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water 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 Resources (NCDWR) Regulations
in 15 NCAC 2H.0500. This certification authorizes the NCDOT to impact 1.96 acres of jurisdictional wetlands,
permanently impact 9,800 linear feet of jurisdictional streams and temporarily impact 1,553 linear feet of streams in
Forsyth County. The project shall be constructed pursuant to the application dated received January 24, 2014. The
authorized impacts are as described below:
Stream Impacts in the Yadkin River Basin
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Total Stream Impact for Project: 9,800 permanent linear feet and 1,553 temporary linear feet
Wetland Impacts in the Yadkin River Basin
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TOTALS (ft)
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Total Stream Impact for Project: 9,800 permanent linear feet and 1,553 temporary linear feet
Wetland Impacts in the Yadkin River Basin
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1.96
Total Riparian Wetland Impact for Project: 1.96 acres.
I
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin River
Basin or wetlands 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 certifi6s 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 January
24, 2014. Should your project change, you are required to notify the NCDWR 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,

Project Specific Conditions of Certification:
Stream Mitigation:
(On Site Restoration)
Compensatory mitigation for impacts to 7,649 linear feet of streams at a replacement ratio of 1:1 is required.
Compensatory mitigation for 450 linear feet of impacts to jurisdictional streams shall be provided by draining a
pond and restoring the stream that forms in the relic pond (Permit Site No. 20). The onsite pond drainage and stream
restoration shall be constructed in accordance with the design submitted in your January 24, 2014 application. All
on -site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple
acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. Please be reminded that
as- builts for the completed streams shall be submitted to the North Carolina Division of Water Resources
Transportation Permitting Unit with the as- builts for the rest of the project. If the parameters of this condition are
not met, then the permittee shall supply additional stream mitigation for those 450 linear feet of impacts. All stream
restorations shall have a 50 -foot wide native wooded buffer planted on both sides of the stream unless otherwise
authorized by this Certification. A transitional phase incorporating rolled erosion control product (RECP) and
appropriate temporary ground cover is allowable.
If the drained pond stream bed does not stabilize by year 2 the permittee will be required to submit a plan to DWR to
add instream structures and replant as necessary in the 50 -foot buffer.
The permittee shall visually monitor the entire stream. All installed structures shall be photographed as well as any
headcuts, scour or other forms of stream instability. Head cuts should be stabilized. All stream instability shall be
reported in the monitoring plan. In addition, to visual monitoring of the stream, the permittee shall monitor and
provide cross — section measurements for two riffles and one pool. The permittee shall visually monitor all stream
bank and buffer vegetative plantings to assess and ensure stream bank stability and buffer success.. In addition,
buffer plantings shall be monitored quantitatively with representative plots that cover a minimum of 4 plots or 2% of
the buffer. All woody stems should be counted (both planted and volunteers) and recorded. A list of the plantings
shall be provided with the permit. The monitoring shall be conducted annually for a minimum of 5 years after final
planting. At least 180 days must separate the completion of the initial vegetation planting and the initiation of the
first year of monitoring. If 180 days has not occurred since the completion of the vegetation plantings, the first year
of monitoring must occur during the following year. Invasives vegetation shall be reported and treated if native
vegetation planting success has been compromised. Final yearly monitoring reports shall be submitted to the DWR
within sixty (60) days after completing monitoring.
Site success criteria for streams and associated buffers require two bankful events occurring during separate
monitoring years and demonstrated channel stability. Successful buffers should be 50 feet wide and have an average
density of 260 planted native trees throughout the site. After 5 years the NCDOT shall contact the NCDWR to
schedule a site visit to "close out" the mitigation site.
(Payment to EEP) i
Compensatory mitigation for the remaining 7,199 linear feet of impact to streams 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 January 17, 2014 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.
Wetland Mitigation:
(Payment to EEP)
Compensatory mitigation for impacts to 1.96 acres of 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 January 17, 2014 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.
General Conditions of Certification:
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 downstream of the above structures. The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is'
unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR
for guidance on how to proceed and to determine whether or not a permit modification will be required.
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.
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.
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.
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.
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the presence of
sulfide- bearing rock must be approved by the NCDWR.
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.
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.
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.
No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
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 the NCDWR 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, the NCDWR may reevaluate and modify this
certification.
All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
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.
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.
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.

The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.
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 NCDWR when all
work included in the 401 Certification has been completed.
Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) 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.
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.
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.
Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.
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
WQC No. 3987
This the 11th day of April 2014
DIVISION OF WATER RESOURCES
Thomas A Reeder, Director
Division of Water Resources

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.: _2014 -0090
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
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 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form
may be returned to NCDWR 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.
Signature:
Agent's Certification
Date:
I, , 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:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer 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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orQ
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
One
NorthCarolina
�aturall