20120142 Ver 4_Approval Letter_20160512

Water Resources
L"NVIRONMENfAL OUAL��IY
May 12, 2016
Mr. Philip S. Harris, 111, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
PAT MCCRORY
( �ui�rrnor
DONALD R. VAN DER VAART
.4ecrc�m'i'
S. JAY ZIMMERMAN
lhrec7ar
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed Widening and New Lane Construction from US 74
Rockingham/Hamlet Bypass to US 220 Ellerbe Bypass in Richmond County, Federal Aid Project No.
NHF-0220(4), State Project No. 8.1580802, TIP R-3421A and B.
NCDWR Project No. 20120142 v.4
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3916 issued to The North Carolina Department of Transportation
(NCDOT) dated May 10, 2012 and modifications 20120142 v.2 dated September 28, 2012 and 20120142 v.3 dated
September 25, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
��,r ;
S. Jay immerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Art King, Division 8 Environmental Officer
Rodger Rochelle, NC Department of Transportation
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
State of North Carolina IEnvironmental Qualiry I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]

Site
U-7
Total
Modification to the 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 Resources (NCDWR) Regulations in 15
NCAC 2H .0500. This certification authorizes the NCDOT to permanently impact an additional 0.13 acres of
jurisdictional wetlands and temporarily impact and additional ] 0 linear feet of jurisdictional streams in Richmond
County. The project shall be constructed pursuant to the modification dated received Apri120, 2016. The authorized
impacts are as described below:
Stream Im acts in the Yadkin River Basin
Permanent Fill Temporary Fill Permanent Fill Temporary Fill
in Intermittent in Intermittent in Perennial in Perennial
Stream Stream Stream Stream
(linear ft) (linear ft) (linear ft) (linear ft)
10
- I - I 10 I
Total Stream Impact for Modification: 101inear feet
Total Stream
Impact
(linear ft)
10
10
Stream Impacts
Requiring
Mitigation
(linear ft)
Wetland Im acts in the Yadkin River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
(ac) (ac) (ac) (ac) Impact (ac)
U-1 0.11 - - - - - 0.11
U-4 0.01 - - - - - 0.01
U-5 0.01 - - - - - 0.01
Total 0.13 - - - - - 0.13
Total Wetland Impact for Moditication: 0.13 acres
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 Standazds 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.
T'his approval is only valid for the purpose and desigr► that you submitted in your modified application dated received
Apri120, 2016. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated May 10, 2012 and subsequent modifications dated September 28, 2012 and September 25, 2014
still apply except where superceded by this certification. Should your project change, you are required to notify the
NCDWR and submit a new application. If the properiy 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 aze 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:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated May 10, 2012 and
subsequent modification dated September 28, 2012 and September 25, 2014 still apply except where
superseded by this certification.

2. Compensatory mitigation for impacts to 0.13 acres of riverine wetlands is required at a 2:1 ratio. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the
North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to
implement the mitigation for the project. DMS has indicated in a letter dated April 19, 2016 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28,
2010.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
andlor 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 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 S: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: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 12th day of May 2016
DIVISION OF WATER RESOURCES
�� �
S. Jay immerman, Directar
WQC No. 3916

Water Resources
ENYIRONMENTAL OUALITY
NCDWR Project No.: 20120142v4_
Applicant: NCDOT
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
�
DONALD R. VAN DER VAART
s«�Y�«�����
S. JAY ZIMMERMAN
Richmond
1�
Certiticate 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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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
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:
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 and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certifieation
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 and Buffer Rules, the approved plans and specifications, and other supporting materials.
S ignature
Registration No.
State of North Carolina IEnvironmental Qualiry I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Date