20140090 Ver 2_Approval Letter_20140728

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Gavernor
July 28, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, Nor[h Carolina, 27699-1598
John E. Skvarla, III
Secretary
Subject: 401 Water Quality CertiScation Pursuant to Section 401 of the Federal Clean Water with ADDITIONAL
CONDITIONS for proposed W inston-Salem Northern Beltway Eastern Section from US 158 to I-40
Bus/US421, Forsyth Counry, TIP U-2579B; NCDWR Project No. 2014-0090v2.
Dear Mc Hancock:
Attached hereto is a modification of Certification No. 3987 issued to The North Carolina Department of
Transportation (NCDOT) originalty dated Apri] I 1, 2014. This modification includes the revisions as requested in
your application dated June 10, 2014 along with other modifications and editorial revisions. This modifrcation
replaces the prevrous certifrcations dated Aprrl 11, 2014 and July 25, 2014.
If we can be of fuRher assistance, do not hesitate to co�tact us.
\J ° /cerely,
>
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Thomas A. Reeder, Director
Division of Water Resources
Attachments
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office (elechonic copy only)
Amy Euliss, Division 9 Environmental Officer (if applicable)
Cynthia Van Der Wiele, Environmental Protection Agency (elechonic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Jason Elliott, NCDOT, Natura] Environment Section (electronic copy only)
Jim Stanfill, Ecosystem Enhancement Program
Dave Wanucha, NCDWR Winston-Salem Regional Office
File Copy
Transpodation and Permitting Unit
1677 Mail Service Center, Ralegh, Nodh Carolina 276994617
Location: 512 N. Salis6ury SL Ralegh, NoAh Carolina 27604
Phone:919�07-63001FAX:[phone]
Internet WWW.00W8t2fqUBflfYAfQ
An Equal ODPOrtunity \ AKrmative Action Employer
NorthCarolina
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401 Water Quality Cer[ification Pursuant to Section 401 of the Federal Clean Wa[er 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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 1.96 acres ofjurisdictional wetlands,
permanently impact 10,1401inear feet of streams, temporarily impact 1,809 linear feet oFstreams and permanently
impact 4.36 acres of open water/pond impacts. The project shall be conshvcted pursuant to the original application
dated January 21, 2014 and the application for revisions dated June 10, 2014. The authorized impacts for the entire
project are as summarized and described below:
Wetland Im acts in the Yadkin River Basin
Permit JD Package Permanent Excava[ion Mechanized Impacts Requiring
Site Na ID Fill ac ac Clearin ac Total Impacts (ac) Miti ation ac
1 ES-W16 0.03 <0.01 0.02 0.06 0.06
6 ES-W18 0.03 - <0.01 0.04 0.04
7 ES-W13 0.52 - 0.01 0.53 0.53
9 ES-W14 0.03 - 0.01 0.04 0.04
]0 ES-W19 0.01 - - 0.01 0.01
13 ESE-Wl 033 - - 033 033
14 ESE-W2 0.04 - - 0.04 0.04
15 ESE-W3 0.18 - - 0.18 0.18
17 ESE-W16 0.09 - <OA1 0.10 0.10
19 ESE-W4 0.47 - 0.01 0.48 0.48
21 ES-W17 0.02 - - 0.02 0.02
22 ESE-W22 0.01 - - 0.01 0.01
24A ESE-W20 0.03 - - 0.03 0.03
24A ESE-W21 0.03 - - 0.03 0.03
27B ESE-Wl7 0.05 - - 0.05 0.05
29 No ID - - <0.01 <0.01 <OAl
TOTALS (ac) 1.87 <0.01 0.08 1.96 1.96
Notes: Totals are rounded based upon sum of actual impacts. All permanen[ impacts require 2:1 USACE mitigation.
Permit Site No. I Permanent Fill in Open Waters (ac) I Total Fill in Ooen Waters
i��]
Total
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Tatal Open Water Impacts for Project: 4.36 acres.
Dx.Y.
0.85

Stream Im acts in the Yadkin River Basin
Impacts Impacts
Permit Stream � �mpact Permanent requiring USACE requiring Temp
Name/JD Flow USACE Mitigation NCDWR Impacts
Site No. packet ID Status Type Impacts (ft) mitigation Ratio� mitigation (ft)
ft ft
UT to
1 L�Cr eW 1" I Fill 142 142 1:1 0' 0
ES-S45
UTto I Fill ]09 ]09 1:1 0' 0
z Lowery Mill
Creek/ P Fill 208 208 2:1 208 0
ES-S36 P BS 10 02 - ]0 37
UT to
3 Lowery Mill p Fill 438 438 2:1 438 33
Creek/
ES-S35
UT to
3A Lowery Mill P Temp 0 0 - 0 545
Creek/ Detour
ES-S35
UT to
3B Lowery Mill P Temp 0 0 - 0 194
Creek/ Detour
ES-S47
UT to p Fill 493 493 2:1 493 18
4 Lowery Mill
Creek/
ES-S37 P BS 9 OZ - 9 31
UT ro
5 Lowery Mill p Fill 740 740 2:1 740 22
Creek/
ES-S38
UT to
SA LOCreeW �" I Fill 306 306 l:l 0' 0
ES-S39
UT to
6 Martin Mill p Fill 312 312 2:1 312 42
CreeW
ES-S40
UT to Fill 442 442 2:1 442 53
Martin Mill
8 Creek/ P gS 58 Oz - 58 44
ES-S42
UT to
10 Martin Mill p Fill 783 783 2:1 783 22
Creek/
ES-S43
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Impacts Impacts
Stream I/P requiring USACE requiring Temp
Permit Name/JD Flow Impact Permanent USACE Mitigation NCDWR Impac[s
Site No. packet ID Status Type Impacts (ft) mitigation Ratio' mitigation (ft)
f't ft
UT to
l0A �att1° M��� P Fill 684 684 2:1 684 0
Creek/
ES-S44
Kerners Mill
ll Creek/ P Fill 808 808 2:1 808 57
ESE-S1
Kemers Mill
11A Creek/ P Fill 223 223 2:1 223 41
ESE-S1
UT to
12 Kerners Mill I Fill 88 88 1:1 0' 205
Creek/
ESE-S30
UT to Smith
14 Creek/ I Fill 688 688 1:1 0' 0
ESE-S3
UT to Smith
15 Creek/ P Fill 332 332 2:1 332 0
ESE-S31
UT to Smith
15A Creek/ I Fill 108 108 1:1 0' 0
ESE-S32
UT to Smith
16 Creek/ I Fill 104 104 1:1 0' 0
ESE-S36
UT to
�� Fishers p Fill 928 928 2:1 928 0
Branch/
ESE-SS
Fishers Fill 377 377 2:1 377 67
18 Branch/ P
ESE-S4 BS 80 O2 - 80 59
UT to
ZQ Fishers p Fill 163 163 2:1 163 0
Branch/
ESE-S7
Smith Fill 100 100 2:1 100 32
23 Creek/ P
ESE-S29 BS 54 02 - 54 89
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Impacts Impacts
Stream UP requiring USACE requiring Temp
Permit Name/JD Flow Impact Permanent USACE Mitigation NCDWR Impacts
Site No. packet ID Status Type Impacta (&) mitigation Ratio' mitigation (tt)
r� sc
UT to Smith
23A Creek/ I Fill 57 57 I:1 0' 0
ESE-S43
UT to Smith
23B Creek/ P Fill 135 135 2:1 0° 0
ESE-S38
UT to Smith
24 Creek/ P Fill 202 202 2:1 202 0
ESE-S40
UT to Smith Fill 73 73 1:1 0' 0
25 Creek/ I
ESE-S41 gS 21 02 - 03 16
UT to Smith
27A Creek/ P Fill 205 205 2:1 205 0
ESE-S24
UT to Smith
27B Creek/ P Fill 130 130 2:1 0° 14
ESE-S33
UT to Smi[h
27C Creek/ P Fill 116 116 2:1 0" 0
ESE-S34
Smith
28 Creek/ P BS 365 OZ - 365 188
ESE-S29
Smith
30 Creek/ P BS 28 02 - 0° 0
ESE-S29
Martin Mill
31 Creek/ P BS 21 Oz - 0° 0
ES-S41
TOTALS (ft) 10,140 9,494 - 7� 1�
Notes: P= Perennial; I= In[ermittent; BS = Bank Stabilization. Underlined values reflect June 1Q 2014 impact modifica[ions.
�Determined bv USACE durine final JD nacket review. �MitiRation for bank stabilization not required bv USACE. 3[ntermittent
streams grandfathered from NCDWR mitiga[ion. °Mitigation not required by NCDWR (less than 150 lineaz feet of steam).
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standazds and discharge guidelines. Therefore, the State of North Carolina certifies that this activiry 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 and the subsequent modification request dated June ] 0, 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 sheam impacts, for this project (now or in the future) exceed one acre or 150
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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 conesponding Corps of
Engineers Permit.
Project Specitic Condition(s) of Certification:
At locations where ponds will be drained, proper measures need to be employed to drain the ponds so that
impact to aquatic species is limited. If pond draining techniques create significant disturbance to native
aquatic species, additional measures such as wllection and relocation may be necessary to prevent a
significant fish kill. Natural channel construction techniques should be employed, if possible and where
applicable, to ensure that the jurisdictional stream channel above and below the drained pond remains
stable, and that no secondary impacts occur within the channel as a result of draining the ponds.
Stream and Wet[and Mitigation--Payment to North Carolina Ecosystem Enhancement Pragram (EEP)
2. Compensatory mitigation for impacts to 7,830 linear feet of sheams at a replacement ratio of 1:1 is
required. However, on-site compensatory mitigation for 4501inear feet of impacts to jurisdictional sheams
shall be provided as outlined below, resulting in 7,3801inear feet remaining that need mitigation.
In addition, 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 and streams
through EEP and that 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-reference project, in accordance with the EEP
Mitigation Banking Ins[rument signed July 28, 2010.
On-Site Stream MitigalJon
3. Compensatory mitigation for 4501inear feet of impacts to jurisdictional streams shall be provided by
draining a pond (Site 20) and restoring the stream that forms in the relic pond. The on-site sheam
restoration shall be conshvcted in accordance with your Mitigation Plan dated August 22, 2013 that was
submitted as part of the 401 Individual Water Quality CeRification application dated January 21, 2014.
4. The Permittee will notify DWR when draining of the pond will commence.
5. All on-site mitigation sites shall be protected in perpetuity by a conservation easement a through NCDOT
fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase.
6. Please be reminded that an as-built for the stream restoration shall be submitted to the North Carolina
Division of Water Resources 401 Wetlands Unit within 60 days following completion of the restoration
project. If the pazameters of this condition are not met, then the Permittee shall supply additional stream
mitigation for the 450 linear feet of impacts.
7. The sheam restoration should at least have a 50-foot wide native wooded buffer planted on both sides of
the stream to the greatest extent possible and as practicable given site specific conshaints.
8. Coir fiber matting (or other organic matting material) should be used if necessary for site stabilization.
9. Natural channel construction techniques should be employed if possible within the channel that forms in
the relic pond to ensure that the jurisdictional stream channel upstream and downstream of the drained
pond remains stable and that no secondary impacts occur within the channels as a result of draining the
pond.
] 0. If stream that forms in the relic pond does not stabilize by year 2, the Permittee should submit a plan to
DWR describing how the Permittee intends to correct the problem and restabilize the stream channel.
11. The Permittee shall note the presence of invasive vegetation in the monitoring reports and treat as needed.
12. The Permittee shall adhere to performance standards and monitoring requirements as outlined in the
Mitigation Plan dated August 22, 2013 as was submitted in the original application dated January 21, 2014
and include the following:
a) Visually monitor all sheam bank and buffer vegetative plantings to assess stream bank stability and
buffer success.
b) Buffer plantings shall be monitored quantitatively with representative plots that cover a minimum of
four plots or 2% of the buffer.
c) Woody stems should be counted and recorded and provided as part of the annual monitoring report.
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General Conditions of Certificate
1. 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 inc]uding temporary erosion control measures shall not be conducted in a manner that may
result in dis•equilibrium of wetlands or sheambeds 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.
2. 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.
3. 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.
4. The dimension, pattem 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.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
7. 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.
8. 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.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintaiced to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
12. 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 ]aw is being violated, or that further conditions are necessary to assure compliance, the
NCDWR may reevaluate and modify this certification.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
14. 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.
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15. 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.
16. 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) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation confrol requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or designate shall complete and return the enclosed "Certification of Completion Form"
to notify NCDWR when all work included in the 401 Certification has been completed.
19. 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.
20. 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 conshuction activities.
21. 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 standazds:
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 Caro[ina 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 Sedrment 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.
22. 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 Federa1404 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 adminisVative
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 S:OOpm, except
for official state holidays. The original and one Q) copy of the petition must be filed with the Office of
Administrative Hearings.
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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: [phone]Q 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 28th day of Juty 2014
DIV [ N OF WATER RESOURC S
� ^f�/�-� ��:
Thom A. der, Direct ro I
Division of Water Resources
WQC No. 3987
9 � �' �`' '-

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NCDENR
North Carolina Department of Environment antl Natural Resources
Pat McCrory
Govemor
NCDWR Project No.:
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 Qualiry 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.
ApplicnnPs Certifrcatian
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: Date:
Age�iYs Ce�tifirntion
I, , hereby sta[e 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 Certifrcntion
Partial Fina]
�, , 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
TranspoAa�ion and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury SL Raleigh, Nohh Carolina 27604
Phone:[phone]FAX�,919-733-1290
incernec www.ncwateraualitv.orp
An Equal 00 W�unity 1 ARrmalive Aclion Employer
Registration No.
Date
NorthCarolina
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