20081293 Ver 1_Approval Letter_20081028

WA r Michael F Easley, Governor
OF
F,4
O? QG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
\
pj r Coleen H Sullins, Director
Division of Water Quality

o_ <
October 28, 2008
Dr Greg Thorpe, PhD, Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for the Proposed Extension of SR 1223
(M.L. King, Jr. Boulevard) from NC 200 (Lancaster Avenue) to SR 1162 (Goldmine
Road) in Union County, State Protect No. 8.2692501, TIP No. U-3412A, WBS No.
34938.1.2, DWQ No. 08-1293
Individual Certification No. 3764
Dear Dr Thorpe
Attached hereto is a copy of Certification No 3764 (this is the Individual Certification No ) issued
to The North Carolina Department of Transportation (NCDOT) dated October 28, 2008
If we can be of further assistance, do not hesitate to contact us
Sincerely,
C?-4
for Coleen H Sullins
Director
Attachments
cc Steve Lund, US Army Corps of Engineers, Asheville Office
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
William Gilmore, Ecosystem Enhancement Program
Polly Lespmasse, DWQ Mooresville Regional Office
Brett Feulner, PDEA, NCDOT
File Copy
ae Carolina
Transportation Permitting Unit NANQtkrail'#
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/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 permanently impact
1,292 linear feet and to temporarily impact 79 linear feet of streams and to permanently impact
2.04 acres of wetlands in Union County The project shall be constructed pursuant to the application
received August 22, 2008 The authorized impacts are as described below
Stream Impacts in the Yadkin-Pee Dee River Basin
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Site #41UT to 22 39 61 0
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Site #5/UT to 59 59 0
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Site #8/Dry Fork 245 245 245
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Site #9/Dry Fork 157 40 197 157
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Total Stream Impacts (Temporary and Permanent) for Protect: 1,371 linear feet
Total Stream Impacts Requiring Mitigation: 402 linear feet
Riverine and Non-Riverine Wetland Impacts in the Yadkin-Pee Dee River Basin
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Site #2/W6 Riverme 0 03 <0 O1 0 04
Site #4/W9 Riverme <0 01 0 19 0 20
Site #5/W 12 Riverine 0 03 0 03
Site #6/W 17 Riverme 0 55 0 03 0 58
Site #7/\N31 Riverine 0 05 0 01 0 06
Site #8/W36 Riverme 0 35 0 14 0 49
Site #9/W36 Riverme 0 02 0 06 0 08
Site #11/
Non-Riverine 0 55 <0 01 0 56
W27 and W28
Total Riverme Wetland Impacts for Protect: 1.48 acres
Total Non-Riverine Impacts: 0.56 acres
Total Riverine Wetland Impacts Requiring Mitigation: 2.04 acres
The application provides adequate assurance that the discharge of fill material into the waters of the
Yadkin - Pee Dee 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 August 22, 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 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 Storm
Water, 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 The stream at Permit Site #1 is being relocated to a roadside ditch prior to being conveyed
through a 54 inch RCP As agreed to in the Hydraulics Meeting held on July 23, 2008, riprap
shall either be removed from the bed of the ditch or embedded below the bed of the ditch
2 Floodplain benches shall be constructed at the culvert inlets and outlets at Permit Sites #8 and #9,
as depicted in the plans
At locations where ponds will be drained, proper measures will be taken to drain the pond with
limited impact to upstream and downstream channel stability as well as to native aquatic species
Proper measures will be taken to avoid sediment release and/or sediment accumulation
downstream as a result of pond draining If typical pond draining techniques will create
significant disturbance to native aquatic species, additional measures such as collection and
relocation may be necessary to prevent a significant fish kill NCDOT shall consult with the NC
Wildlife Resources Commission Staff to determine if there are any sensitive species, and the most
appropriate measures to limit impacts to these species
4 Permit Site #5 consists of an additional 59 linear feet of impact associated with the extension of
the existing 54 inch RCP DWQ staff is concerned about the alignment of the culvert at the outlet
end It appears that the culvert may terminate in a stream meander NCDOT is advised that if the
culvert terminates in a stream meander or is not properly aligned with the stream, additional
measures will be required to ensure that the culvert extension does not contribute to stream
destabilization
5 If additional impacts for utility installation or relocation are required, this permit shall be
modified to demonstrate avoidance and minimization for proposed impacts and to account for
those additional impacts to jurisdictional resources, whether temporary or permanent
Placement of culverts and other structures in waters, streams and wetlands shall be below the
elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches
and 20 percent of the culvert diameter for culverts having a diameter of less than 48 inches, to
allow for 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 disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and
downstream 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 due to bedrock or other limiting features encountered during construction, please contact the
NCDWQ for guidance on how to proceed and to determine whether or not a modification to this
certification will be required
7 Strict adherence to the most recent version of the NCDOT's Best Management Practices for
Bridge Demolition and Removal, approved by the US Army Corps of Engineers, is a condition of
this 401 Water Quality Certification
Compensatory mitigation for 402 linear feet of streams and 2 04 acres of impacts to riverine/non-
riverme 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 August 8, 2008, that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above referenced project, in
accordance with the Tri-Party MOA signed on July 22, 2003, and the Dual-Party MOA signed on
April 12, 2004
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 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage Bioengineering boulders or structures should be properly
designed, sized and installed
11 During construction of the project, no staging of equipment, of any kind, is permitted in waters of
the U S or protected riparian buffers
12 The Permittee shall ensure that the final design drawings adhere to the certification and to the
drawings submitted for approval
13 If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and surface waters 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
14 The dimension, pattern and profile of the stream above and below the crossing shall not be
modified Disturbed floodplains and streams should be restored to natural geomorphic
conditions
15 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 the 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
16 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
17 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
18 No rock, sand or other materials shall be dredged from the stream channel except where
guthorized by this Certification
19 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
20 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
21 There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated this permit without appropriate modification Should 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
22 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 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 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
23 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification
24 A copy of this Water Quality Certification shall be posted 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
25 Upon completion of the project, 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
26 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 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 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 28th day of October 2008
DIVISION OF WATER QUALITY
0bleen Sullins
Director
WQC No 3764