20040271 Ver 2_Approval Letter_20050209

W,t` r~ Michael F. Easley, Governor
O~~ RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
Vj ty',. Alan W. Klimek, P.E., Director
j „~ Division of Water Quality
.~ Coleen H. Sullins, Deputy Director
Division of Water Quality
February 9, 2005
Mr. Gregory J. Thorpe, Ph.D., Director
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
Re: Modification of Certification Pursuant to Section 401 of the Federal Clean Water Act,
Improvements to Interstate 85 from north of SR 1002 to north of SR 2120 in Rowan county.
Federal Aid Project No. IR-IM-85-3(132)74; State Project No. 8.1631503, TIP I-2511CB.
WQC Project No. 040271
Attached hereto is a copy of Certification No. 3456 issued to The North Carolina Department of
'Transportation originally issued on Apri120, .2004 and modified January 7, 2005. This modification .is
being issued to address changes to the mitigation summary.
If we can be of further assistance, do not hesitate to contact us.
Sincer-g~y,
;~ ~~~-
~,
Alan W. Klimek, P.E.
Attachments
Pc: Wilmington District Corps of Engineers
Eric Alsmeyer, USACE Raleigh Field Office
Diane K. Hampton, P.E., DEE, NCDOT Div. 9, 2125 Cloverdale Ave., Winston-Salem, NC 27103
DWQ Winston-Salem Regional Office
File copy
Central Files
~~
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3456
I-2511 CB
February 9, 2005
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 incur the
following permanent impacts:
I-2511 Section CB
0.05 acres of riverine wetlands through excavation and mechanized clearing;
0.47 acres of non-riverine wetlands through fill and mechanized clearing;
22181inear feet of stream loss; 16421inear feet requiring mitigation.
I-2511CB shall be constructed pursuant to the application dated February 20, 2004 to improve I-85 from
north of SR 1002 to north of SR 2120 in Rowan County.
The application provides adequate assurance that the discharge of fill material into the waters of nine
unnamed tributaries to Town Creek 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 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, 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, Non-
discharge and Water Supply watershed regulations.
This Certification shall expire three (3) years from the date of the cover letter from DWQ or on the same
day as the expiration date of the corresponding US Army Corps of Engineers Permit, whichever is later.
Condition(s) of Certification:
1. 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
Suiface Mining Manual.

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3456
I-2511 CB
February 9, 2005
d. Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Application. All construction activities shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. 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 30 days after the project
has been released.
4. The outside wetland or water boundary as well as along the construction corridor within these
boundaries approved under this authorization shall be clearly marked by orange fabric fencing for
the areas that have been approved to infringe within the wetland or water prior to any land
disturbing activities.
S. NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification.
There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this Certification without appropriate modification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
6. Excavation of stream crossings should be conducted in the dry unless demonstrated by the
applicant or its authorized agent to be unfeasible. Sandbags, cofferdams, flexible pipe, or other
diversion structures should be used to minimize excavation in flowing water.
7. Stormwater management shall be constructed in accordance with the hydraulic design plans
submitted in the February 20, 2004 application.
Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than
20% of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger
should be buried at least 12 inches below the stream bottom to allow natural stream bottom
material to become established in the culvert following installation and to provide aquatic life
passage during periods of low flow. TI any of the existing pipes are perched, they shall be
removed and replaced, and re-installed correctly, unless demonstrated that this is topographically
unfeasible.
9. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened. This will lessen the chance of a fish kill.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is strictly prohibited.

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3456
I-2511 CB
February 9, 2005
11. The removal of vegetation in riparian areas should be minimized. NCDQT is encouraged to use
existing on-site vegetation and materials for stream bank stabilization and to minimize the use of
rip rap. Riprap shall not be placed in the stream bottom. Riparian vegetation, using native trees
and shrubs, must be re-established within the construction limits of the project by the end of the
growing season following completion of construction to reestablish the riparian zone and to
provide long-term erosion control.
12. Heavy equipment should be operated from the bank rather than in the stream channel unless
demonstrated by the applicant or its authorized agent to be unfeasible. All mechanized equipment
operated near surface waters should be inspected and maintained regularly to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic substances.
13. Summaiy of Compensatory Mitigation: Compensatory mitigation shall be the same as that
approved by the US Army Corps of Engineers, as long as the mitigation required equals a ratio of
1:1 restoration or creation of lost wetland acres as described in iSA NCAC 2H.0506 (h)(6), and
consists of the following:
I-2511 Section CB
^ 1375 linear feet on on-site stream relocation using natural channel design technique (plans
submitted with February 20, 2004 application). ,
^ 267 linear feet of stream impacts will be mitigated through NCDENR Ecosystem
Enhancement Program (EEP).
^ 0.52 acres of impacts to non-riverine wetlands will be mitigated through EEP.
In accordance with 15A NCAC 2R..0500, this contribution will satisfy NC Division of Water
Quality's compensatory mitigation requirements under 15A NCAC 2H .0506(h). Until the EEP
receives and clears your payments, wetland or stream fill shall not occur. The payments to EEP shall
be sent within two (2) months of issuance of the 404 permit.
14. Rock check dams at culvert outlets should be removed at project completion to avoid blocking
movement of aquatic life.
15. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-
construction meeting. Written verification shall be provided that the final construction drawings
comply with the attached permit drawings contained in the Application dated February 20, 2004.
16. Upon completion of the project, the NCDQT 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.

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3456
I-2511 CB
February 9, 2005
17. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards and any other appropriate requirements of State law and Federal law. If
DWQ 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, DWQ may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification,
DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in
writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
NCDOT 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.
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 Permit. This Certification shall expire upon the expiration of the 404
Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 1SOB of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This the 9`~ day of February 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
WQC No. 3456

Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3456
I-2511 CB
February 9, 2005
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Comuletion
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/Wetlands Unit, North Carolina Division of.Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ 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
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, the approved
plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
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, the approved
plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
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, the approved plans and
specifications, and other supporting materials.
Signature
Registration No.
Date