20042000 Ver 3_Approval Letter_20090623

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.. <.-_ ., NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director

Dee Freeman
Secretary
North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
Modification
PrcjectName=ProjectNo.:9rAoeeonNSX-5q U-T412Date: CO-2--3_0 1
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DOT Staff: C h/ rs / " 1 V r69 DWQ Staff: po 1D )?,dill 4 S \\
ACE Staff: DWQ Regional Office: Cery'?rq CRq?p;J
Modification Description:
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Modification Sketch:
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Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.uslncweUands/
NorthCarolina
)WAM9!!Y
An Equal Opportunity \ Affirmative Acton Employer

In-Field Modification
P-age 2 of 3
This in-field modification is required for the following reason(s):
.1 A
Y
The information contained in the application or presented in support thereof is incorrect in the
following manner:
Conditions under which the original certification was issued have changed in the following
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit'.
This in-field modification authopizes the NCDOT to
fee4 ri f
. The ll be constructed as described in the Modification Description and
d
94Keandonrdt gi iedfs thnrZ Ciap/l t3 cio^r n - k. a? nd 9 Mot6 di0fi? catiU on to SSik' me?ptScrh o?v on .?cPoO angse t? ru1 cotf ththe is sed.cotTciouhn meoaef
pnt prdoavteed
Water Quality Certification dated - ?/ -OS may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the Cv,'OF f-P411
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. 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. 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
Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Condition(s) of Modification Approval:
1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting
Unit within 30-days of the completion of the action.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated 2- 9-t) and all other corresponding modifications still apply except where
superseded by this certification.

In-Field Modification
Page 3 of 3

3.
Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this
document and/or violations of any condition herein set forth may result in revocation of this modification approval
and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the
above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the
Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, then NC DWQ
must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If
additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear
feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the
current mitigation requirements for this project, this in-field modification is invalid and a formal written
modification is required.
This in-field modification is effective upon the date the last party signs this document. This in-field modification is
made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not
subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification
pursuant to the contested case provisions of the Administrative Procedure Act, N.C. Gen. Stat. § 150B-23 et sea.
Staff
i - An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel.
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Ridings, Rob
From: Murray, Christopher A [[e-mail]]
Sent: Wednesday, April 22, 2009 2:27 PM
To: Alsmeyer, Eric C SAW; Rob Ridings
Cc: Hinnant, Chadwick D; Davis, Brian D; Pearson, Donald R
Subject: Construction issue on bridge over New Hope Creek on US 15-501 in Durham (U-4012)
Attachments: Outlook.jpg; Outlook.jpg; Outlook.jpg; Outlook.jpg
Reference: Bridge over New Hope Creek on US 15-501 in Durham, U-4012
USAGE Action ID No.: 200020945
NCDENR-D\k'Q Project No.: 042000
Rob and Eric,
The contractor is currently removing the existing concrete piles on the northeast and southwest banks of New Hope Creek on
eastbound US 15-501. A current examination of the both streambanks (under both eastbound and westbound US 15-501) indicates
recent high levels of scour. Our reviews at the project have indicated that the erosion commenced during the hurricanes late last
season and have subsequently continued with most heavy rain (and creek flow) events since that time. Eric has been on the site
previously and has observed some of the significant scour.
I have tried to locate pre-construction photographs that depict the streambanks. Unfortunately, I have only been able to track down
photographs taken in 2001 during the wildlife crossing study. I can attest that the banks were relatively stable and almost adjacent to
all concrete piers when our project commenced in late 2007. The below photograph depicts a section of the northeast streambank
under westbound US 15-501 in 2001. Note that the streambank appears to be right at the concrete piers.
The below photograph depicts this depicts this same section of the northeast streambank under westbound US 15-501 in 2001 (from a
different view). Note that the streambank has significantly eroded and is currently behind the concrete piers. The scour extends
upstream and is currently near the steel piles driven as part of the temporary detour.
The below photograph primarily the current state of the southwest streambank. Note that the streambanks have eroded behind the
concrete piers.
LL. r

1
The Department is very concerned about permanent stability of the strcambanks of Northeast Creek in this area. We applied for
a modification of the IP for this project on March 3l. 2008 to add 72 linear feet of Class 11 rip rap on each bank for permanent
stabilization. The intent at that time was to add rip rap along each streambank directly adjacent to each pier. Division personnel met
on the site earlier this month to discuss stabilization. We have concluded that the 72 linear feet of rip rap that was permitted is not
adequate to provide long-term stability. The Department is requesting to add up to an additional 108 linear feet of rip rap (extending
below the OHW mark) for steambank stabilization. The proposed rip rap is depicted in red on the most recently approved stream
permit drawing:
3
This project is located in the Cape Fear River basin; accordingly, regulated buffer rules are not associated with this project. We
sugest that these additional permanent impacts can be approved through use of NWP 3; WQC 3687. Please let me know if you
agree with my assessment.
Thank you in advance for your review of this information.
Chris Murray