20001432 Ver 7_Approval Letter_20090915

North Carolina
Beverly Eaves Perdue, Governor
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NC®ENR
Department of Environment and
Dee Freeman, Secretary
September 15, 2009
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: Seventh Modification to the 401 Water Quality Certification Pursuant to Section 401 of the
Federal Clean Water Act with ADDITIONAL CONDITIONS for the US 421/NC 87 (Sanford
Bypass) from East of NC 42 to NC 87 near SR 1138 in Lee County, Federal Aid Project No.
STPNHF-421(2), State Project No. 8.T540402, TIP R-2417C, DWQ Project No. 00-1432
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3378 issued to The North Carolina Department of
Transportation (NCDOT) and dated April 10, 2002. This modification is applicable only to the additional
proposed activities. All authorized activities and conditions of the original certification associated with
the original Water Quality Certification, dated April 10, 2002, and all subsequent modifications still
apply except where superceded by this certification.
If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at [phone].
Sincerely,
//4f
r r
forColeen H. Sullins
Director
Attachments
cc: Kimberly Garvey, US Army Corps of Engineers, Wilmington Office
Chris Militscher, Environmental Protection Agency
Troy Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Polly Lespinasse, DWQ Mooresville Regional Office
Ken Averitte, DWQ Fayetteville Regional Office
Greg Price, PDEA, NCDOT
File Copy
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] FAX: [phone]Internet: www.enrstate.nc.us
Natural Resources
An Equal opportunity / Affirmative Action Employer - 50 % Recycled 1 10 % Post Consumer Paper
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 Quality (DWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to additionally impact 3,248 linear feet of
jurisdictional streams, 1.59 acres of jurisdictional wetlands, and 0.66 acres of surface waters in Lee County as
listed below. The project shall be constructed pursuant to the modification received August 7, 2009. The
authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
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Site #2a, Station No.
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Site #2b, Station No.
33+00/33+65(RT)/UT to 274 15 289 274
Patterson Creek
Site #4, Station No.
52+08(LT/RT) and 44 57 101 0
63+00 RT /Bi Buffalo Creek
Site #5, Station No. 87+90
LT/RT /UT to Big Buffalo Creek 295 47 342 295
Site #6, Station No.
120+20 LT /UT to Buffalo Creek 140 55 195 0
Site #6, Station No. 120+57(LT/
RT /UT to Buffalo Creek 320 83 403 320
Site #7, Station No. 142+67(LT/
RT /UT to Big Buffalo Creek 351 66 417 0
Site #9, Station No.
177+29(LT/RT)/UT to Big 425 60 485 425
Buffalo Creek
Site #9,Station No.
178+82(LT)/UT to Big Buffalo 80 30 110 0
Creek
Site #10, Station No.
195+65(RT)/UT to Big Buffalo 16 30 46 0
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Total Stream Impacts for Project: 3,248 linear feet
Total Stream Impacts Requiring Mitigation: 1,314 linear feet
Riverine and Non-Riverine Wetland Impacts in the Cape Fear River Basin
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Site #2, Station No.
33+00133+65(LT) Riverine 0.16 011 0.05 0.42
Site #3, Station No.
35+20/36+30 RT Riverine 0.11 0.01 0.12
Site #8, Station No.
153+50/160+00 RT Riverine 0.73 0.01 0.08 0.82
Site #9, Station No.
177+29 LT/RT) Riverine 0.12 0.03 0.03 0.18
Total Riverine Wetland Impacts for Project: 1.59 acres
Total Riverine Wetland Impacts Requiring Mitigation: 1.59 acres
Open Water (Ponds) Impacts in the Cape Fear River Basin
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Site #10, Station No.
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Total Open Water Impacts for Project: 0.66 acres
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 modification application dated
received August 7, 2009. 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. At Permit Site #1, a 24" culvert discharges to Patterson Creek at an approximate 90 degree angle.
NCDOT is advised that if stream bank destabilization occurs as a result of this alignment, corrective
actions to stabilize the stream will be required.
2. At Permit Site #2b, a ditch ties into Patterson Creek such that storm flows will be directed upstream
once they exit the ditchline. NCDOT is advised that if the stream destabilizes in this area due to
backwater or other conditions caused by the ditchline alignment, corrective actions to stabilize the
stream will be required.
3. At Permit Sites #4 and #7, ditches tie into the streams at an approximate 90 degree angle. NCDOT is
advised that if stream bank destabilization occurs as a result of this alignment, corrective actions to
stabilize the stream will be required.
4. Compensatory mitigation for impacts to 1.59 acres of riverine wetlands and 1,314 linear feet of
stream are required. We understand that you have chosen to perform compensatory mitigation
for impacts to wetlands and streams through the North Carolina Ecosystem Enhancement
Program (EEP). EEP has agreed to implement the mitigation for 1.58 acres of riverine wetlands
and 1,130 linear feet of stream as per a letter, dated May 4, 2009. DWQ is requiring mitigation
for all riverine wetland impacts and all perennial stream impacts (exceeding 150 linear feet of
impact per stream, including riprap bank stabilization). Therefore, prior to wetland and stream
impacts, NCDOT must provide documentation demonstrating EEP's ability to provide the
remaining mitigation which is required for this project (0.01 acres of wetland impact and 184
linear feet of stream impact).
5. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due
to biological criteria exceedances, specifically Big Buffalo Creek, shall not discharge
stormwater directly to surface waters. Stormwater shall be treated using appropriate best
management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds,
etc.) prior to discharging to surface waters.
6. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers, etc.) before entering the stream. Please refer to the most current version of
Stormwater Best Management Practices.
7. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water.
8. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate
native species.
9. If 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 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.
10. 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.
11. 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. In addition, riprap shall be of sufficient size such that it is not carried downstream
by normal stream flow.
12. 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.
13. 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.
14. During construction of the project, no staging of equipment, of any kind, is permitted in waters of the
U.S. or protected riparian buffers.
15. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this Certification.
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
23. 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.
24. 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.
25. 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.
26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
27. 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 governmental 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.
28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
29. 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.
30. 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.
31. 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 15th day of September 2009
DIVISION OF WATER QUALITY
Ao
1) a__Ot?
leen H. Sullins
Co
Director
WQC No. 3378
NorthCarolina
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