20080691 Ver 1_General Correspondence_20080725

• ~0F W ATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
~O G North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
> -I Division of Water Quality
O `C

July 25, 2008
Dr. Greg Thorpe, PhD., Branch Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548

Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with ADDITIONAL
CONDITIONS for Proposed improvements to SR 1306 (South Mebane Street) from SR 1158 (Huffman
Mill Road) to NC 54 (Chapel Hill Road) in Alamance County, Federal Aid Project No. STP-1306(8),
State Project No. 8.2473 TIP U-3303A and U-3303B.
DWQ Project No. 20080691
Dear Dr. Thorpe:

Attached hereto is a copy of Certification No. 3750 issued to The North Carolina Department of Transportation
dated July 25, 2008.
If we can be of further assistance, do not hesitate to contact us.

Si erely,

io een Sullins
Director
Attachments

cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office
J.M. Mills, PE, Division 7 Engineer
Jerry Parker, Division 7 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Amy Euliss, DWQ Winston-Salem Regional Office
File Copy

OF W A rFq William G. Ross Jr., Secretary
`0A QG North Carolina Department of Environment and Natural Resources
7 Coleen Sullins, Director
Division of Water Quality
'-1
o ~

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 0.03 acres of jurisdictional wetlands and 593
linear feet of jurisdictional streams in Alamance County. The project shall be constructed pursuant to the
application dated received April 15, 2008. The authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Permanent Temporary Permanent Temporary Stream
Fill in Fill in Fill in Fill in Total Total Total Impacts
Site Intermittent Intermittent Perennial Perennial Temporary Permanent Stream Requiring
Stream Stream Stream Stream Impact Impact Impact Mitigation
(linear ft.) (linear ft.) (linear ft.) (linear ft.) (linear ft.) (linear ft.) (linear ft.) (linear ft.)
R-3303A
1 36 0 0 0 0 36 36 0
2 0 0 305 46 46 305 351 305
3 0 0 12 19 19 12 31 12
TOTAL for R-3303A 36 0 317 65 65 353 418 317
R-3303B
1 39 28 0 0 28 39 67 0
2 76 32 0 0 32 76 108 0
TOTAL for R-3303B 115 60 0 0 60 115 175 0
TOTAL FOR PROJECT 151 60 317 65 125 468 593 317
Total Stream Impact for Project: 593 linear feet

Wetland Impacts in the Cape Fear River Basin
Fill Mechanized Total
Permanent Excavation Hand Clearing Area under Wetland
Site Fill (acres) (acres) (temporary) (acres) (acres) Clearing (acres) Bridge (acres) Impact
acres
R-3303A
1 <0.01 0 0 0.02 0 0 0.03
2 0 0 0 0 0 0 0
3 0 0 0 0 0 0 0
TOTAL for R-3303A 0.01 0 0 0.02 0 0 0.03
R-3303B
1 0 0 0 0 0 0 0
2 0 0 0 0 0 0 0
TOTAL for R-3303B 0 0 0 0 0 0 0
TOTAL FOR PROJECT 0.01 0 0 0.02 0 0 0.03
Total Wetland Impact for Project: 0.03 acres.

- One
NorthCarolina
Transportation Permitting Unit 19NA19111?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

' ~oF W A "I William G. Ross Jr., Secretary
Q North Carolina Department of Environment and Natural Resources
Q G Coleen Sullins, Director
r- Division of Water Quality
~ -1
o ~
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 application dated received April
15, 2008. 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,
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.
Conditions of Certification:
1. With exception to the double pipe extension at Site 3, placement of culverts and other structures in waters,
streams, and wetlands 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 including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by DWQ. If this condition is unable to be met at other sites due to bedrock or other
limiting features encountered during construction, please contact the NC DWQ for guidance on how to
proceed and to determine whether or not a modification to this certification will be required.
2. Where multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel shall be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
3. 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.
Bioengineering boulders or structures shall be properly designed, sized and installed.
4. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
5. 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.
6. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.

7. 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.

Noe Carolina
Transportation Permitting Unit atUrali;
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

O~OF W H rFRQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
r Division of Water Quality

8. 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.

9. The dimension, pattern 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.
10. Tall fescue should not be used in riparian areas. NCDOT should utilize onsite vegetation and materials for
bank stabilization when practicable. Erosion control matting should be used on banks and steep slopes
instead of straw mulch and should be well anchored with 12" staples, wooden survey stakes, or live stakes.
11. 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.

12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
13. 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) or 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.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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. Native riparian vegetation must be re-established within the construction limits of the project by the end of
the growing season following completion of construction.
17. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this certification 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.
18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.

19. 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 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.
Noe Carolina
Transportation Permitting Unit l "atuCalll(
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o enr state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

William G. Ross Jr., Secretary
wArF
~01 RQ North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
0 7 Division of Water Quality
-I
o ~
b. 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.
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.
20. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
21. 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.
22. A copy of this Water Quality Certification shall be maintained on site at 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.
23. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ when all work included in the 401 Certification has been completed.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.

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 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA 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
igh> N.C. 27699-6714. If modifications are made to an original Certification, you have the
'1 Service Center, Raleigh,
Mat
_ 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 25th day of July 2008
DIVISION OF WATER QUALITY

Coleen Sullins
Director

WQC No. 3750
Noe Carolina
Mural!;
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o enr state nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper