20021332 Ver 1_Approval Letter_20070613

F NjATF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
y ?O? QG North Carolina Department of Environment and Natural Resources
DWa7 Alan W. Klimek, P.E. Director
_ i Division of Water Quality
a2(??
October 2, 2002 C? ?1 l `t U
Mr. Gregory J. Thorpe, Ph.D., Manager
NCDOT Planning and Environmental Branch
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
Re: Water Quality Certification Pursuant to §401 of the Federal Clean Water Act, Greensboro-High
Point SR 1546 (Guilford College Road) from SR 4121 (High Point Road) to South of SR 1541
(Wendover Avenue); Guilford Co.; F.A. Project No. STP-1546(9); State Project Nos. 8.2492802
and 8.2492801.
TIP Project Nos. U-2913A and U-2913B.
DWQ Project No. 021332
Attached hereto is a copy of Certification No. 3394 issued to The North Carolina Department of
Transportation dated October 2, 2002.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
Attachments
cc: Eric Alsmeyer, USACE Raleigh Field Office
Jennifer Frye, NCDWQ Winston-Salem Regional Office
Central Files
File Copy
71W
NCDEN
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwotlands/
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 211, Section .0500. This certification authorizes the NCDOT to incur the
following permanent impacts:
¦ 0.16 acres of jurisdictional riverine wetlands;
¦ 600 linear feet of jurisdicational stream channels
¦ 42,949 square feet of Zone 1, Randleman Reservoir Riparian Buffer; and
¦ 35, 525 square feet of Zone 2, Randleman Reservoir Riparian Buffer
in Guilford County, as described in the Application dated 9 August 2002 and additional information dated
October 1, 2002.
The project shall be constructed pursuant to the application dated August 9, 2002 and additional
information received October 1, 2001 filed to construct improvements to Greensboro-High Point SR 1546
(Guilford College Road) from SR 4121 (High Point Road) to South of SR 1541 (Wendover Avenue) (TIP
Project Nos. U-2913A and U-291313).
The application provides adequate assurance that the discharge of fill material into the waters of the state
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. Should
your project change, you are required to notify the DWQ in writing, and you may be required to 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 this project incurs
additional wetland or stream impacts, 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, Non-
discharge and Water Supply watershed regulations. This Certification shall expire three (3) years from
the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding
Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
1. The applicant must follow the appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Scuface Alining Manual, whichever is more
appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central
Offices) and shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard (50 NTUs in all fresh water streams
and rivers not designated as trout waters and 25 NTUs in all lakes and reservoirs);
2. NCDOT shall use Best Management Practices for the Protection of Surface lVaters (NCDOT March
1997), specifically using all applicable preventive and control measures during the design,
construction and maintenance of this project. These measures sliall be implemented prior to any
ground-disturbing activities to minimize impacts to downstream aquatic resources.
3. During the construction of the project, the applicant shall strictly adhere to North Carolina regulations
entitled, Design Standards in Sensitive Watersheds [15A NCAC 413 .0 124], within the entire project
corridor.
4. Storm water shall be directed to buffer areas or retention basins and shall not be routed directly into
streams. Existing vegetated buffers shall not be mowed in order to utilize it for storm water diffuse
flow.
5. NCDOT shall adhere to the requirements for Water Supply IV Waters [15A NCAC 2B .0216(3)(b)].
6. Hazardous Spill Catch Basins shall be required for all stream crossings of Bull Run and its unnamed
tributaries (WS-IV Critical Area). The final designs for the Hazardous Spill Catch Basins shall be
submitted to the North Carolina Division of Water Quality 401 Wetlands Unit prior to beginning
construction in the Water Supply watershed. As-built drawings for the basins shall be submitted to
the North Carolina Division of Water Quality 401 Wetlands Units no later than 30 days after the
construction is completed.
7. The Bull Run Creek Bridge shall be designed according to Best Management Practices for the
Protection of Surface Waters (NCDOT March 1997). Specifically, the bridge decking shall not
discharge storm water directly into the receiving water.
8. Prior to any construction activities, the NCDOT shall submit a maintenance plan for all storm water
management facilities and hazardous spill catch basins associated with the project. The NCDOT shall
be required to implement the maintenance plan for the life of this road. Sediment and erosion control
devices shall not be placed in wetlands or waters to the maximum extent practicable. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored after the Division of Land Resources has released the project.
9. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
10. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated
with this permit without appropriate modification of this Certification. If this occurs, compensatory
mitigation will be required since it is a direct impact from road construction activities.
11. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown
to DWQ that providing passage would be impractical. 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 stream beds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the equilibrium shall
be maintained if requested in writing by DWQ.
12. The pipes required for this project shall be designed and installed in a manner that does not initiate a
headcut along the streams. NCDOT must submit a plan for written DWQ approval to address any
headcutting that will occur as a result of this project.
13. Mitigation: Compensatory mitigation shall be the same as that approved by the US Army Corps of
Engineers as long as the mitigation required equals a ratio of 1:1 restoration or creation of lost
wetland acres as described in 15A NCAC 2H.0506 (h)(6). A report must be submitted to the NC
Division of Water Quality that describes the final approved stream and buffer mitigation for this
project within two (2) months of the issuance of the 404 permit issued by the Army Corps of
Engineers.
a. Wetland impacts of 0.16 acres of riverine wetlands. No compensatory mitigation of these
impacts is required.
b. Stream impacts total 600 linear feet in the Cape Fear River Basin (Hydrologic Unit 03030004).
NCDOT proposes to provide compensatory mitigation at a 2:1. Compensatory mitigation
consists of the following:
¦ 1,200 linear feet of off-site stream restoration using the Caviness Stream Mitigation Site. The
Caviness Site involves the restoration of 2200 linear feet of Tibbs Run and 700 linear feet of
an unnamed tributary using Priority 1 and 2 methods.
The stream restoration shall be performed and maintained according to approved plans before
any mitigation credit is given. If this Office determines that the stream restoration or
associated riparian area has become unstable, the stream shall be repaired or stabilized using
only natural channel design techniques if possible. Additionally, the vegetation in the
riparian shall be maintained and/or replaced according to the approved plans. Rip-rap and
other hard structures may only be used if required by the Division of Land Resources or a
Delegated Local Program. Additionally, all repair designs must be submitted to and receive
written approval from this Office before the repair work is performed.
Since the restored stream is proposed as compensatory ?nitigation for stream impacts, the
restored portion and associated riparian buffer area shall be preserved in perpetuity through a
preservation easement or some other legally binding mechanism or agreement. The above
easement or other legally binding mechanism or agreement must be in place before any
mitigation credit shall be given. Additionally, the stream physical and biological monitoring
plan shall be followed and reports shall be submitted to this Office after the first year and
every other year afterwards for a total of five (5) years.
c. Randleman Lake buffer impacts requiring mitigation include 7,558 square feet of Zone 1
impacts (requiring a 3:1 mitigation ratio) and 7,441 square feet of Zone 2 impacts (requiring a
1.5:1 mitigation ratio) located at Site 1 (Sta. 17+05 to Sta. 17+95). NCDOT will be paying the
NC Wetlands Restoration Program for impacts to these regulated riparian buffers.
In accordance with 15A NCAC 2R.0500, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H.0506(h). Until plans are received and approved
for the stream relocation using natural channel design, wetland or stream fill shall not occur.
14. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project.
15. The Applicant shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
Violations of any condition herein set forth shall result in revocation of this Certification and ?nay result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This the 2"d day of October 2002
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
WQC No. 3394

W AT Michael F. Easley, Governor
F9
0
O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Uj Alan W. Klimek, P.E., Director
Division of Water Quality
O Coleen H. Sullins, Deputy Director

------------------------ Division of Water Quality
Mr. Gregory J. Thorpe, Ph.D., Director
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC, 27699-1548
Dear Dr. Thorpe:
October 4, 2005
Re: Modification of Certification Pursuant to Section 401 of the Federal Clean Water Act, Greensboro-High Point SR
1546 (Guilford College Road) from SR 4121 (High Point Road to South of SR 1541 (Wendover Avenue):
Guilford County; Federal Aid Project No. STP-1546(9): State Project No. 8.2492802 and 8.2492801, TFP U-
2913A and U-291313.
DWQ Project No. 021332
Attached hereto is a copy of Certification No. 3394 issued to The North Carolina Department of Transportation originally
issued on October 2, 2002. This modification is being issued to address changes to stormwater management system at
station 25+75.2 1 to 26+34.19.
ff we can be of further assistance, do not hesitate to contact us.
Sincerely,
Pc: John Thomas, USAGE Raleigh Field Office
Jerry Parker, DEO, NCDOT Div. 7
DWQ Winston-Salem Regional Office
DWQ Wetlands 401/Transportation Unit
DWQ Central Files
Alan W. Klimek, P.E.
One
N hCarolina
Natura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Servicc
Internet: h2o.enr.state. nc.us Winston-Salem, NC 27107 PAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3394
U-2913A & U-2913B
October 4, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements ol'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' 211.
Section .0500. This certification authorizes the NCDOT to incur the following permanent impacts:
0.16 acres of jurisdictional riverine wetlands;
• 600 linear feet of jurisdictional stream channels;
¦ 42,949 square feet of Zone 1, Randleman Reservoir Riparian Buffer; and
35,525 square feet of Zone 2, Randleman Reservoir Riparian Buffer
U-2913n & B shall be constructed pursuant to the application dated August 9. 2002, additional information dated October
1. 2002, and any approved modifications, to construct improvements to (ircensboro-1-111gh Point SR 1546 (Guilford
Collegc Road) from SR 4121 (High Point Rd) to south of SR 1541 (Wendover Ave) in (iuiltord County.
The application provides adequate assurance that the dischar«e of fill material into the waters the state in conjunction with
the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines.
Thereforc, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301.
302. 303. "06. 307 ol'P1. 92-500 and PL 95-217 ifconducted 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. as described in the Public
Notice. 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 ofthis Certification and approval letter. and is thereby responsible rot-
complying with all the conditions. If total wetland [ills for this project (now or in the future exceed one acre.
compensatory mitigation may be required as described in 15A NC.\(' 211 .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
Icderal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion
control. Non-discharge and Water Supply watershed regulations.
T'iis Ccrtilication shall expire three (3) years I'Fom the date ofthe cover letter from MVQ or on the same day as tic
expiration date ofthe corresponding US \rmv Corps uC Engineers Permit, whichever is later.
Condition(s) of Certification:
Flic applicant must follow the appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the ;North Carolina Sedinent and Erosion Control Planning, and Uesi(')'n
Manual and shall be in full compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard (50 NI'lis in all fresh water streams and rivers not designated as trout waters and
25 NTIJs in all lakes and reservoirs).
2. NC1)0"1' shall use Best Management Practices /or thc Protection of Stuflrcc Waters (N('DO"I' March 1997)
specifically using all applicable preventative and control measures during the design, construction and
maintenance of this project. These measures shall be implemented prior to any (ground-disturbing activities to
minimize impacts to downstream aquatic resources.
3. During the construction of the project, the applicant shall strictly adhere to North Carolina regulations entitled.
Dcsi'(711 Stundcr?ds 11 Sensitive Watcrshc&; [15A NCnC 413 .01241, within the entire project corridor.
Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3394
U-2913A & U-2913B
October 4, 2005
4. Stormwater shall be directed to buffer areas or retention basins and shall not be routed directly into streams.
Existing vegetated buffers shall not be mowed in order to utilize it for stormwater diffuse flow. Modifications to
the stormwater management system from Station 25-75.21 to 26+34.19 are hereby approved with this water
quality certification modification.
5. NCDOT shall adhere to the requirements for Water Supply IV Waters 1 15A NCAC 2B .0216(3)(b)].
6. The Bull Run Creek Bridge shall be designed according to Best Manu,,eineiu Practices for the Protection W
.Surfiice Waters (NCDOT March 1997). Specifically, the bridge decking shall not discharge stotmwater directly
into the receiving stream.
Prior to any construction activities, the NCDOT shall submit a maintenance plan for all stormwater management
facilities and hazardous pill catch basins associated with the project. The NCDOT shall be required to implement
the maintenance plan for the life of this road. Sediment and erosion control devices shall not be placed in
wetlands or waters to the maximum extent practicable. Ifplacement ofsediment and erosion control devices in
wetlands and waters is unavoidable, they shall he removed and the natural parade restored after the Division of
Land Resources has released the project.
Y. Live or fresh concrete shall not come into contact with waters ui'the state until the concrete has hardened.
9. There shall be no excavation trom or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification ofthis Certification. If this occurs. compensatory mitigation will be
required since it is a direct irnpact trom road construction activities.
10. Placement of culverts and other structures in waters, streams. and wetlands must be placed below the elevation of
the streambed to allow low flow passage ofwater and aquatic litc unless it can he shown to DWQ that providing
passage would be impractical. 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 streannbeds
or banks. adjacent to or upstream and down stream of the above stnrcnrres. 1-he applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
11. !'he pipes required for this project shall be designed and installed in a manner that does not initiate a headcut
along the streams. NCDOT must submit a plan for written DWQ approval to address any headcutting that will
occur as a result of this project.
12. Mithwtion: Compensatory mitigation shall be the same as that approved by the US Army Corps of Engineers, as
Iona as the mitigation required equals a ratio of L 1 restoration or creation of lost wetland acres as described in
15A NCAC 21-I.0506 (h)(6). A report must he submitted to the NC Division of Water Quality that describes the
final approved stream and buffer mitigation for this project within two (2) months of'the issuance of the 40=1
permit issued by the Army Corps of Engineers.
a. Wetland impacts of 0.16 acres of riverine wetlands. No compensatory mitigation of these impacts is required.
b. Stream impacts total 600 linear feet in the Cape Fear River Basin (Hydrologic Unit 03030004). NCDOT
proposes to provide compensatory mitigation at a 2:1 ratio. Compensatory mitigation consists of the
following:
1.200 linear feet of off site stream restoration using the Caviness Stream Mitigation Site. The Caviness
Site involves the restoration of 2200 linear feet of1'ibbs Run and 700 linear feet of an unnamed tributary
using Priority 1 and 2 methods.
Gregory J. Thorpe, Ph.D.
§401 Water Quality Certification No. 3394
U-2913A & U-2913B
October 4, 2005
The stream restoration shall be performed and maintained according to approved plans before any mitigation
credit is given. If this Office determines that the stream restoration or associated riparian area has become
unstable, the stream shall be repaired or stabilized using only natural channel design techniques if possible.
Additionally, the vegetation in the riparian shall be maintained and/or replaced according to the approved
plans. Rip-rap and other hard structures may only be used if required by the Division of Land Resources or a
Delegated Local Program. Additionally, all repair designs must be submitted to and receive written approval
from this Office before the repair work is performed.
Since the restored stream is proposed as compensatory mitigation for stream impacts, the restored portion and
associated riparian buffer area shall be preserved in perpetuity through a preservation easement or some other
legally binding mechanism or agreement. The above casement or other legally binding mechanism or
agreement must be in place before any mitigation credit shall be ;,given. Additionally. the stream physical and
biological monitoring plan shall be followed and reports shall be submitted to this Office after the first year
and every other year afterwards for a total of five (51 years.
c. Randleman Lake buffer impacts requiring mitigation include 7,558 square feet ol'Zone 1 impacts (requiring a
I mitigation ratio) and 7.441 square feet of Zone 21 impacts (requiring a 1.5:1 mitigation ratio) located at
Sitc 1 (Sta. 17-05 to Sta. 17+95). NCDO T will be paying the N(' Wetlands Restoriation Program for impacts
to these regulated riparian buffers.
In accordance with 15A NCA(: 2R..0500. this contribution will satisfy NC Division of Water Quality's
compensatory mitigation requirements under 15A NCAC _'I1 .0506(h). Until the LI:P receives and clears your
payments. wetland or stream till shall not occur. The payments to FEP shall be sent within two (2) months of
issuance of the 404 permit.
13. Upon completion of the project. the NCDO'T shall complete and return the enclosed "Certi tication of Completion
1-orm" to notify DWQ when all work included in the 401 ('crtilication has been completed. The responsible party
shall complete the attached form and return it to the 401 Wetlands Unit of the Division of Water Quality upon
completion of the project.
14. The :Applicant shall require its contractors (and/or agents) to comply with all of the terms of this Certification. and
shall provide each of its contractors (and/or auents) a copy of this Certification.
Violations of any condition herein set forth may result in revocation of this ('ertitication 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 Permit. This Ccrtitication shall expire upon the expiration of the 404 Permit.
uregory u. i norpe, rn.u.
§401 Water Quality Certification No. 3394
U-2913A & U-29136
October 4, 2005
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 1 SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This the 4`" day of October 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
§401 Water Quality Certification No. 3394
U-2913A & U-2913B
October 4, 2005
WQC No. 3456
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ 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, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent'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, 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, the approved plans and specifications, and other supporting materials.
Signature: Registration No:. Date: