20141132 Ver 1_Approval Letter_20141029

*.
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
October 30, 2014
Richmond County
NCDWR Project No. 20141132v. I
US 1 Widening
TIP R -2501C
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
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
Dear Mr. Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening US I from 1.2 miles north of SR 1606 (Fox Road) to south of SR 1001 (Marston Road) in Richmond
County:
Wetland Impacts in the Yadkin Pee -Dee River Basin
* This project is a segment of a larger project that will impact more than I acre of wetlands,total
Total Wetland Impact for Project: 0.25 acres.
The project shall be constructed in accordance with your application dated received October 23, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -63001 Internet: www.ncdenr;gov
An Equal opportunity 1 Affirmative Action Employer
Impacts
Fill
Excavation
Mechanized
Hand
Total
Requiring
Site
Fill (ac)
(temporary)
(ac)
Clearing (ac)
Clearing (ac)
Wetland
Mitigation
(ac)
Impact (ac)
(ac)*
1
0.03
--
-
0.04
--
0.07
0.07
2
0.08
--
--
0.10
-
0.18
0.18
Total
0.11
0.00
0.00
0.14
0.00
0.25
0.25
* This project is a segment of a larger project that will impact more than I acre of wetlands,total
Total Wetland Impact for Project: 0.25 acres.
The project shall be constructed in accordance with your application dated received October 23, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -63001 Internet: www.ncdenr;gov
An Equal opportunity 1 Affirmative Action Employer

Conditions of Certification:
Project Specific Conditions
1. Compensatory mitigation for impacts to 0.25 acres of non - riverine 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 September 23, 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.
2. All sediment and erosion control and boundary fencing and all associated materials (such as rock, posts,
wire mesh, etc.) shall be completely removed from the construction site at the end of construction. Should
these materials be required beyond the end of construction, they shall be completely removed as soon as
they are no longer deemed necessary.
General Conditions
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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
5. 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.
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
7. 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.
8. 'All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
9. 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.
10. 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.
11. 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.
12. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.

13. 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.
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.
15. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
16. 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 the
NCDWR when all work included in the 401 Certification has been completed.
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. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact David Wainwright at (919)707 -8787 or David.Waiwnright @ncdenr.gov.
Sinc rely,
Thomas A. Reeder, Director
Division of Water Resources

Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Washington Field Office
Art King, Division 8 Environmental Officer
Deanna Riffey, NC Department of Transportation, NES
Colin Mellor, NC Department of Transportation, NES
Rachelle Beauregard, NC Department of Transportation, NES
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
File Copy

4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
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 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
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:
Agent's Certification
Date:
I, 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:
Engineer's Certification
Partial Final
Date:
1, , 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
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone- 919 - 807 -63001 Internet: www.ncdenr,gov
An Equal Opportunity 1 Affirmative Action Employer