20051396 Ver 3_Information Letter_20080219

O S ( J Michael Easley, overnor
`O? QG ?D `/ten William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 19, 2008
Dr. Greg Thorpe, Ph.D., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: First Modification to the 401 Water Quality Certification Pursuant to Section 401
of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the Proposed
Widening of US 601 from the South Carolina State Line to North of Marion Lee
Road (SR 2105) South of Monroe in Union County, Federal Aid Project No. STP-
NHS-601(4), State Project No. 8.1690303, TIP R-2616, DWQ Project No. 05-1396
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3579 issued to The North Carolina Department of
Transportation (NCDOT) and dated June 27, 2006. This modification is applicable only to the
additional proposed activities. All authorized activities and conditions of the certification associated
with the original Water Quality Certification, dated June 27, 2006, still apply except where superseded
by this certification.
If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at (704) 663-
1699.
Sincerely,

for Coleen H. Sullins
Director
Attachments
cc: Steve Lund, US Army Corps of Engineers Asheville Field Office
Michael Turchy, NCDOT PDEA
Larry Thompson, Division 10 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Sonia Gregory, DWQ Central Regional Office
File Copy
No thCarolina
AttuAdy
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state. nc.us Mooresville, NC 28115
Phone [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 Quality
(DWQ) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.363
acres of jurisdictional wetlands, 3.82 acres of surface waters, and 3,531 linear feet of jurisdictional
streams Lincoln and Catawba Counties. The project shall be constructed pursuant to the modification
received January 24, 2008 and additional information received February 15, 2008. The authorized
impacts are as described below:
Stream Impacts in the Yadkin River Basin
Site Permanent
Fill in
Intermittent
Stream
(linear ft) Temporary
Fill in
Intermittent
Stream
(linear ft) Permanent
Fill in
Perennial
Stream
(linear ft) Temporary
Fill in
Perennial
Stream
(linear ft) Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
(linear ft)
1A 104 10 114 104
1 175 75 250 175
2 186 66 252 36*
3 100 150 211 61*
4 48 10 58 48
5 192 20 212 192
7 215 10 225 215
8A 150 10 160 150
10 160 32 192 160
11 161 20 181 161
12 363 22 385 363
13 128 40 168 128
14 124 62 186 124
15 466 62 528 466
16 188 108 296 148*
22 460 30 490 460
23A 160 30 190 160
24 151 30 181 151
Total 3,531 787 4,318 3,302
Total Stream Impacts for Project: 3,531 linear feet
*Mitigatable stream impacts at Site 2 will be reduced by 150 linear feet as a culvert will be
replaced by a bottomless culvert. Mitigatable stream impacts at Site 3 will be reduced by 39
linear feet as a culvert will be replaced by a bridge. Mitigatable stream impacts at Site 16 will
be reduced by 40 linear feet as a culvert will be replaced by a bottomless culvert.
Wetland Impacts in the Yadkin River Basin
Site Fill Fill Excavation Mechanized Hand Area Total
(permanent) (temporary) (ac) Clearing Clearing under Wetland
(ac) (ac) (ac) (ac) Bridge Impact
ac (ac)
1A 0.012 0.008 0.036
(riverine)
2 0.003 0.003
(riverine)
6 0.008 0.008 0.003 0.019
(riverine)
8 0.007 0.003 0.010
(riverine)
10 0.030 0.013 0.043
(riverine)
18 (non- 0.040 0.040
riverine)
19 (non- 0.04 0.040
riverine)
23 (non- 0.110 0.005 0.115
riverine)
25 0.030 0.027 0.057
(riverine)
Total 0.237 0.048 0.059 0.003 0.363
Total Wetland Impacts for Project: 0.363 acres (0.168 Riverine/0.195 Non-Riverine)
Open Water (Ponds) Impacts in the Yadkin River Basin
Site Permanent Fill in Open
Waters (ac) Temporary Fill in Open
Waters (ac) Total Fill in Open
Waters (ac)
9 0.02 0.81 0.83
17 0.31 0.31
18 0.08 0.81 0.89
19 0.47 0.47
20 0.58 0.58
21 0.45 0.45
26 0.29 0.29
Total 2.20 1.62 3.82
Total Open Water Impacts for Project: 3.82 acres
The application provides adequate assurance that the discharge of fill material into the waters and
wetlands of the Yadkin River Basin 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 modified application
received January 24, 2008, and additional information received February 15, 2008. All the
authorized activities and conditions of certification associated with the original Water Quality
Certification dated June 27, 2006, still apply except where superceded by this certification. 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 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, 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. The proposed modification will result in an additional 100 linear feet of stream impacts. We
understand that you have chosen to perform compensatory mitigation for impacts to streams
and wetlands through the North Carolina Ecosystem Enhancement Program (EEP). A copy of
a letter from EEP, indicating that they will provide the additional mitigation, must be received
by DWQ prior to the initiation of construction at the permitted sites.
2. Two (2) culverts are proposed for Permit Site #1. As indicated in the additional information received
by DWQ on February 15, 2008, a sill shall be installed on the high/flood flow culvert in order to
maintain the natural stream dimension. A floodplain bench shall also be constructed on the
high/flood flow culvert if construction of a floodplain bench is feasible.
3. Floodplain benches shall be constructed in the bottomless culverts at Permit Sites #2 and #13 as
depicted in "Inlet Channel Detail GG", on Sheet 2N.
4. NCDOT shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0.124(a)-(e) for the
entire project. However, due to the size of the project, NCDOT shall not be required to meet 15A
NCAC 4B.0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat,
millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare soil
within 15 working days of ground disturbing activities to provide long-term erosion control. Erosion
control matting should be used in conjunction with appropriate seeding on disturbed soils in steep
slope and riparian areas. Steep slopes are defined as those slopes graded at an angle which
cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible,
live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
5. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation, operation and maintenance of such Best Management Practices in
order to protect surface water 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 pit 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 of these measures must be in accordance
with the requirements of the Sedimentation Pollution Control Act.
6. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify the 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.
7. All other conditions written into the previous Water Quality Certification, dated June 27, 2006, for the
project still apply.
8. 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 DWQ
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use), that State or Federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may re-evaluate and modify 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 Permit. This Certification shall expire upon the
expiration of the 404 Permit.
If this Certification is unacceptable to you, have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of
a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on
the modifications upon written request within sixty (60) days following receipt of the Certification.
Unless such demands are made, this Certification shall be final and binding.
This the 19th day of February 2008
DIVISION OF WATER QUALITY

for Coleen H. Sullins
Director
WQC No. 3579