20120142 Ver 5_Approval Letter_20190805

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
August 5, 2019
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: Modification to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL CONDITIONS for the proposed widening and new lane
construction from US 74 (Rockingham/Hamlet Bypass) to US 220 (Ellerbe Bypass) in Richmond
County, Federal Aid Project No. NHF-0220(4), State Project No. 8.1580802, TIP R-3421AB.
NCDWR Project No. 20120142 V.5; Certification No. 3916.
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3916 issued to The North Carolina Department of
Transportation (NCDOT) originally dated March 10, 2012 with subsequent modifications on the
following dates: September 28, 2012, September 25, 2014 (in -field modification; Section C) and May
12, 2016. This modification will be Version 5.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSign/e1d by:
//��U
APKAA-
9 988 31 DCD474...
Linda u pepper
Director
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Chris Rivenbark, NC Department of Transportation, Environmental Analysis Unit
Jason Dilday, NC Department of Transportation, Raleigh
Art King, Division 8 Environmental Officer
Rex Badgett, Division 8 DEO Assistant
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
April Norton, NC Division of Water Resources
File Copy
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611
11 NORTH CAROLINA i
n.p Q,o,enw­Wftvi, �� 919.707.9000

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with 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 Resources (NCDWR) Regulations in 15
NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.68 acres (Section A) and 3.8 acres (Section B)
of jurisdictional wetlands; and, 4,221 linear feet (Section A) and 3,970 linear feet (Section B) of jurisdictional streams;
in Richmond County. The project shall be constructed pursuant to the application modification dated and received
July 18, 2019, with subsequent information on August 2, 2019. The authorized impacts are as described below:
Stream Impacts in the Yadkin -Pee Dee River Basin
Site
Temporary Fill
in Perennial
Stream
(linear ft.)
Permanent Fill in
Perennial Stream
(linear ft.)
Temporary
Fill in
Intermittent
Stream
linear ft.
Permanent
Fill in
Intermittent
Stream
linear ft.
Total
Stream
Impact
(linear ft.)
Stream
Impacts
Requiring
Mitigation
linear ft.
R-3421A
1
10
411
---
----
421
411
2
50
1,011
---
---
1,061
1,011
3
106
475
---
---
581
475
3A
---
81
---
---
81
---
3B
10
61
---
---
71
---
4
---
12
205
217
---
5*
25
327
---
---
352
327
5A*
10
118
---
---
128
---
6
---
---
---
---
7A*
10
127
---
---
137
---
7 South*
10
828
---
---
838
828
7 North*
12
175
---
---
187
---
8
---
147
147
---
8A---
---
---
Total:
243
3,614
12
352
4,221
3,052
R-3421B
1
---
10
33
43
---
2
20
201
---
---
221
---
2A
36
---
---
---
36
---
3
21
578
---
---
599
578
4
22
397
---
---
419
397
5
23
669
---
---
692
669
6
---
---
---
---
---
7
---
---
34
610
644
---
8
161
703
---
---
864
703
9
---
---
---
---
---
10
11
339
---
---
350
339
11
---
21
81
102
---
12
---
---
---
---
Total:
294
2,887
65
724
3,970
2,686
Note: *R — 3421A streams SI and SK at sites 5 and 7 are identified as intermittent by NCDWR.
Total Stream Impacts for Project: 8,191 linear feet.

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
Wetland Impacts in the Yadkin -Pee Dee River Basin
Site
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing (ac)
Hand
Clearing
(ac)
Total
Wetland
Impacts (ac)
Wetland
Impacts
Requiring
Mitigation
ac
R-3421A
---
2
0.48
---
---
---
---
0.48
---
6
---
---
---
<0.01
---
<0.01
---
7 South
---
---
0.15
0.02
---
0.17
---
8A
<0.01
---
---
0.02
---
0.03
---
Total:
0.48
0.15
0.05
0.68
---
R-3421B
1
0.23
---
---
0.01
---
0.24
---
3
0.03
---
---
---
---
0.03
---
4
0.06
---
---
<0.01
---
0.07
---
6
0.09
---
---
<0.01
---
0.10
---
9
0.10
---
---
0.02
---
0.12
---
10
0.75
---
0.03
0.09
---
0.84
---
2.24
---
---
0.14
---
2.38
2.24
Total:
3.50
---
0.03
0.27
---
3.8
2.24
Total Wetland Impacts for Project: 4.48 ac
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin -Pee Dee
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 modification request
dated and received July 18, 2019 with subsequent information on July 29, 2019. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated March 10, 2012 and
subsequent modifications on September 28, 2012, September 25, 2014 (in -field modification; Section C) and May 12,
2016 still apply except where superseded by this certification. Should your project change, you are required to notify
the NCDWR 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 300 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:
Compensatory mitigation for R-3421A is required for 3,052 linear feet of impact to streams. Compensatory
mitigation for R-3421B is required for 2,686 linear feet of impacts to streams and 2.24 acres of riparian
wetlands. We understand that you have chosen to perform compensatory mitigation for impacts to streams
through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has
agreed to implement the mitigation for the project. The DMS has indicated in letters dated July 12, 2019 and
August 2, 2019 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above -referenced project, in accordance with the DMS Mitigation Banking
Instrument signed July 28, 2010.

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
2. This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated March 10, 2012 and
subsequent modification still apply except where superseded by this certification.
Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams, 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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine if a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
4. For sites where multiple pipes or barrels will be utilized, 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 should 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. [15A NCAC 02H.0506(b)(2)]
5. 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.
[15A NCAC 02H.0506(b)(2)]
6. For segments of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [ 15A NCAC 02H.0506(b)(2)]
7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any riparian impacts for access to the stream channel
shall be temporary and be revegetated with native riparian species. [I 5A NCAC 02H.0506(b)(2)]
8. NCDOT shall comply with NPDES Permit NCS000250 issued to the NCDOT, including the applicable
requirements of General Permit for Construction Activities - NCGO 10000. Please note the extra protections
for sensitive watersheds where applicable.
General Conditions
1. As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the future, the
bridge demolition must be accomplished in strict compliance with the most recent version of NCDOT's Best
Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A
NCAC 02H .0506(b)(5)]
2. 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.
[15A NCAC 02H.0506(b)(2)]
3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
4. 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. [15A NCAC
0213.0200]
5. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.
or protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)]
6. 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. [15A NCAC
02H.0506(b)(2)]
7. The use of riprap above the Normal High -Water Mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
[15A NCAC 02H.0506(b)(2)]
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [ 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. 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.
[15A NCAC 02H.0506(b)(3) and (c)(3)]
10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]
It. 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. [15A NCAC
02H.0506(b)(3)]
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
14. 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 the NCDWR 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, the NCDWR may reevaluate
and modify this certification. [ 15A NCAC 02B.0200]
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
16. A copy of this Water Quality Certification shall be maintained on the construction site always. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(e)(2)]

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
17. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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. [15A NCAC 02H.0501 and .0502]
18. The issuance of this certification does not exempt the Permittee from complying with 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.
19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return
the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401
Certification has been completed. [15A NCAC 02H.0502(f)]
21. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following
completion of construction. [15A NCAC 02B.0506(b)(2)]
22. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be in wetlands or streams, compensatory mitigation will be required since that is a direct impact from
road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. 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 to protect surface waters
standards [15A NCAC 02H.0506(b)(3) and (c)(3)]
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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
25. All sediment and erosion control devices shall be removed, and the natural grade restored within two (2) months
of the date that the Division of Energy, Mining and Land Resources (DEMLR) or locally delegated program
has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing.
You may obtain the petition form from the office of Administrative hearings. You must file the petition with the
office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when
it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed, providing the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact April Norton at 919-707-9111 or April.NortonC&ncdenr.gov.
This 51 day of August 2019
DIVISION OF WATER RESOURCES
D—Signed by:
C�6l.QIN.61.fl.
LinW; Director
WQC No. 3916

DocuSign Envelope ID: 75DD5751-69DC-4210-B880-21914F241BAB
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611
11 NORTH CAROLINA i
n.p Q,o,enw-g WIKV �� 919.707.9000