20001432 Ver 5_Approval Letter_20050714

Michael F Easley, Governor
William GRoss Jr , Secretary
North Carolina Department of Environment and Natural Resources

Alan W Klimek, P E Director
DIvIsion of Water Quality

/ July 14, 2005

Dr Gregory J Thorpe, PhD , Manager
Plannmg and EnVIronmental Branch
North Carolma Department of TransportatIon
1548 Mall ServIce Center
RaleIgh, North CarolIna, 27699-1548

Re CertIficatIOn Pursuant to SectIOn 401 of the Federal Clean Water Act,
ModIficatIOn to the ConstructIOn of US 421/NC 87 Bypass from SR 1521 to east ofNC 42 m Lee
County, Federal AId No STP-NHF-421(2), State Project No 8 T540402, TIP No R-2417BB, WQC
Project No 001432, WBS Element 3443111
WQC No 3378

Dear Dr Thorpe

Attached hereto IS a modIficatIOn to CertIficatIon No 3378 I~sued to the North Carolma Department of
TransportatIOn on July 14,2005 The attached modIficatIOn authonzes NCDOT to construct the natural
channel deSIgn for the stream relocatIOn at SIte 6 as proposed I~ your applIcatIOn dated June 27,2005
Tills modIficatIon IS applIcable only to the addItIonal proposed ~ctIvItIes All the authonzed actIVItIes and
condItIOns of certIficatIOn assOCIated WIth the ongmal Water QualIty CertIficatIOn dated Apnl 10, 2002
and all other correspondmg modIficatIOns stIll apply except where superceded by thIs certIficatIon

If we can be of further aSSIstance, please do not heSItate to contact us

g;~:~

DIrector

Attachments
ModIficatIOns to WQC No 3378

cc RIchard Spencer, US Army Corps of Engmeers WIlmmgton FIeld Office
ChrIstopher MIlItscher, US EnVIronmental ProtectIOn Agency - RegIon N
Polly Lespmasse, NC DWQ MooresvIlle RegIOnal Office
Central FIles
FIle Copy

N~~Carohna
/ValUfallll

Transportation Permitting Unit
1650 Mall Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, SUite 250, Raleigh, North Carolina 27604
Phone [phone]/ FAX [phone]nternet htto IIh20 em state nc us/ncwetlands

An Equal OpportUnity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

DIVISIOn of Land Resources (DLR) In the DENR RegIOnal or Central Offices) shall be m full
complIance wIth all specIficatIOns govemmg the proper desIgn, mstallatIOn and operatIOn and
mamtenance of such Best Management PractIces m order to assure complIance wIth the appropnate
turbIdIty water qualIty standard (50 NTUs m all fresh water streams and Dvers not desIgnated as trout
waters, 25 NTUs m all lakes and reservorrs, and all saltwater classes, and 10 NTUs m trout waters),

2 SedlITlent and erosIOn control measures shall not be placed m wetlands or waters to the maxmmm
extent practIcable If placement of sedIment and erOSIOn control devIces m wetlands and waters IS
unavOIdable, they shall be removed and the natural grade restored after the DIvlSlon of Land
Resources has released the project,

3 If an envrronmental document IS requrred, tlus CertIficatIOn IS not valId untIl a FONSI or ROD IS
Issued by the State Cleannghouse All water qualIty-related condItIOns of the FONSI or ROD shall
become condItIons of tlus CertIficatIOn,

4 Measures shall be taken to prevent lIve or fresh concrete from commg mto contact wIth waters of the
state until the concrete has hardened,

\
5 There shall be no excavatIOn from or waste dIsposal mto j~.1T1sdICtIOnal wetlands or waters assocIated
WIth tlus permIt wIthout appropnate modIficatIOn of tlus P~rmIt Should waste or borrow SItes be
located m wetlands or stream, compensatory IllitIgatIon wIl~ be requrred smce It IS a drrect Impact
from road constructIOn actiVIties

6 All channel relocations WIll be constructed m a dry work area, and stabIlIzed before stream flows are
dIverted Channel relocatIOns WIll be completed and stabIlIzed pnor to dIvertmg water mto the new
channel Whenever possIble, channel relocatIons shall be allowed to stabIlIze for an entrre growmg
season VegetatIon used for bank stabIlIzatIOn shall be Imnted to natIve woody speCIes, and should
mclude establIshment of a 30 foot WIde wooded and an adjacent 20 foot WIde vegetated buffer on
both SIdes of the relocated channel to the maXlITlum extent practical A transItional phase
mcorporatmg corr fiber and seedlIng establIshment IS allowable Also, np-rap may be allowed If It IS
necessary to mamtam the phYSIcal mtegnty of the stream, but the applIcant must provIde wntten
JUStificatIOn and any calculatIOns used to determIne the extent of np-rap coverage requested

7 Compensatory IllitIgatIOn for Impacts to streams shall be done for 17,1381mear feet of stream Impact
(4545 lInear feet m HydrologIC Umt 03030003 and 12,5931mear feet m HydrologIC Umt 03030004)
at a replacement ratIO of 1 1 Compensatory IllitIgatIOn for Impacts to JurIsdIctIOnal streams shall be
proVIded by onsIte stream relocatIOns of 144 lInear feet of streams on SIte (m HydrologIc Umt
03030004) as descnbed m the June 11,2001 applIcatIOn for SItes 14 and 22 m segment BA ill
addItIOn, compensatory IllitIgatIOn for Impacts to JurIsdIctIOnal streams shall be provIded by onsIte
stream relocatIOns of 1930 lInear feet of streams on SIte (m Hydrologic Umt 03030004) as descrIbed
m the September 28, 2001 addendum for SIte 6 m segment BB All stream relocatIOns shall have 50-
foot wooded buffers planted on both SIdes of the stream As-BUllts for the completed streams shall be
sublTIltted to the North CarolIna DIVISIOn of Water QualIty 401 Wetlands Umt wItlun 30 days of the
completIOn of the constructIOn of the relocatIons If the parameters of tlus condItion are not met, then
the NCDOT shall supply addItIOnal stream lTIltIgatIOn for the 2074 lInear feet of Impacts ill addItion
to the 2,074 Imear feet of on-SIte lTIltIgatIon, compensatory lTIltIgatIOn for an addItIOnal 15,0641mear
feet of streams IS requrred as descrIbed below

I
I

9 Upon completIOn of the proJect, the NCDOT shall complete and return the enclosed "CertificatIOn of
CompletIOn Form" to notIfy DWQ when all work mcluded m the 401 CertIficatIOn has b,een
completed The responsIble party shall complete the attached form and return It to the 401/Wetlands
Umt of the DIVISIOn of Water Quahty upon completIOn of the project

10 Placement of culverts and other structures m waters, streams, and wetlands must be placed below the
elevatIOn of the streambed to allow low flow passage of water and aquatIc hfe unless It can be shown
to DWQ that provIdmg passage would be ImpractIcal DeSIgn and placement of culverts and other
structures mcludmg temporary erOSIOn control measures shall not be conducted m a manner that may
result m dIs-eqUlhbnum of wetlands or streambeds or banks, adjacent to or upstream and down
stream of the above structures The apphcant IS requrred to provIde eVIdence that the eqUlhbnum shall
be mamtamed If requested m wntmg by DWQ

11 When final deSIgn plans are completed for SectIOns R-2417 AA and R-2417 C, a modIficatIon to the
401 Water Quahty CertIficatIOn shall be sublTI1tted WIth ~even copIes and fees to the NC DIVISIOn on
Water Quahty Fmal deSIgns shall reflect all appropnate ~vOIdance, mmIITI1ZatIOn, and ITI1tIgatIOn for
Impacts to wetlands, streams, and other surface waters COpstructIOn actIvIties that rmpact any
wetlands, streams, and other surface waters located m SectI~ns R-2417 AA or SectIOns R-2417 C
shall begm only after NCDOT apphes for and receIves a modIfied 401 Water Quahty CertIficatIOn
from the NC DIVISIon of Water Quahty

12 No construction actiVIties are authonzed m SectIOn R-2417 AA or SectIOn R-2417 AB untIl a fmal
deSIgn IS approved m wntmg by the NC DIVISIOn of Water Quahty 401 Wetlands Umt for the Deaton
MItigatIOn SIte

13 GIven the multiple set of addendums to the ongmal apphcatIOn, NCDOT shall proVIde to the
NCDWQ a final of SIte drawmgs WIthm 2 months of the date of Issuance of the 401 Water Quahty
CertIficatIOn that reflects the authonzed Impacts m tills certIfication

VIOlatIOns of any condItion herem set forth may result m revocatIOn of tills CertIficatIOn and may result m
cnlTI1nal and/or CIvIl penalties Tills CertIficatIOn shall become null and VOId unless the above condItIOns
are made condItIOns of the Federal 404 and/or Coastal Area Management Act Penrnt Tills CertIficatIOn
shall exprre upon the exprratIOn of the 404 or CAMA penrnt

If tills CertIficatIOn IS unacceptable to you have the nght to an adjudIcatory heanng upon wntten request
wIthm SIXty (60) days followmg receIpt of tills CertIfication Tills request must be m the form of a
wntten petitIOn confonrnng to Chapter 150B of the North Carolma General Statutes and filed WIth the
Office of AdlTI1mstratIve Heanngs, POBox 27447, RaleIgh, N C 27611-7447 If modIfications are
made to an ongmal CertIficatIOn, you have the nght to an adjudIcatory heanng on the modIficatIOns upon
wntten request wIthm SIxty (60) days followmg receIpt of the CertIficatIOn Unless such demands are
made, tills CertIficatIOn shall be final and bmdmg