20081797 Ver 1_Approval Letter_20090304

North Carolina
Beverly Eaves Perdue
Governor
fiF?
NC®ENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
March 4, 2009
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed extension of SR 4126 (Bridford
Parkway, new route) at Hornaday Rd. to Burnt Poplar Rd. at Swing Rd. in Guilford County,
Federal Aid Project No. STP-4126(1), State Project 8.249690 1, TIP U-4006
Dear Mr. Thorpe:
Attached hereto is a copy of Certification No. 003782 issued to The North Carolina Department of
Transportation dated March 4, 2009.
If we can be of further assistance, do not hesitate to contact us.
.Sincerely,
r` f
yi
Coleen H. Sullins
Director
Attachments
cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Mike Mills, PE, Division 7 Engineer
Jerry Parker, Division 7 Environmental Officer
Kathy Matthews, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
Amy Euliss, DWQ Winston Salem Regional Office
File Copy
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: hhp:llh2o.encstate.nc.uslncwetlandsl
NorthCarolina
Naturally
An Equal Opportunity \ AHmnabve Action Employer
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
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 impact 647 linear feet of
jurisdictional streams in Guilford County: The project shall be constructed pursuant to the application
dated received December 2, 2008. The authorized impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in Temporary Permanent Temporary Total Stream
Intermittent Stream Fill in Fill in Fill in Stream Impacts
(linear ft) Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft
1 413 30 443 413
2 69 59 128 0
3 66 10 76 0
Total 548 99 647 413
Total Stream Impact for Project: 647 linear feet
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 application dated
December 2, 2008 and received by the Division of Water Quality December 10, 2008. 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 impacts, 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 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.
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.enrstate ,na.uslncwellandsl
NorthiCarolina,
Naturally
An Equal Opportunity 1 Affirmative Action Employer
MC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director, Secretary
Condition(s) of Certification:
1. Compensatory mitigation for 413 linear feet of impact to streams is required. We understand
that you have chosen to perform compensatory mitigation for impacts to streams through the
North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to
implement the mitigation for the project. EEP has indicated in a letter dated November 24, 2008
that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MCA
signed on July 22, 2003 and the Dual-Party MCA signed on April 12, 2004.
2. At permit sites 2 and 3 burial of the pipe extensions are not required, unless the existing pipes
are embedded. However, at permit site 1, placement of culverts and other structures in waters,
streams, and wetlands 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 down stream 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 NC DWQ for guidance on how to proceed
and to determine whether or not a permit modification will be required.
3. For the 99 linear feet of streams being impacted due to allow site access for equipment and
construction of the new roadway and pipe, the sites shall be graded to its preconstruction
contours and revegetated with appropriate native species.
4. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due
turbidity shall be designed, constructed, and operated with sediment and erosion control
measures that meet Design Standards in Sensitive Watersheds [15A NCAC 4B .0124].
5. 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) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification.
6. 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.
7. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
8. A copy of this Water Quality Certification shall be maintained on site at 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.
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.uslncwetlandsl
North Carolina
Naturally
An Equal Opportunity 1 Affrma6veAClion Employer
North Carolina
Beverly Eaves Perdue
Governor
FKWA
4
NOWENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
9. 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.
10. 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 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.
11. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
12. 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 located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities.
13. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification.
14. 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 waters 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 Erasion 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.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
19. 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.
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.us/ncwetiandsl
One
thCarolina
Nor
Naturally
An Equal Opportunity 1 Affirmative Action Employer
A&
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
20. 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.
21. 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.
22. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
23. 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.
24. 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.
25. Upon completion of the project (including any impacts at associated borrow or waste site), the
NCDOT Division shall complete and return the enclosed "Certification of Completion Form" to
notify DWQ when all work included in the 401 Certification has been completed.
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 4th day of March 2009
DIVISION OF WATER QUALITY

Coleen H. Sullins
Director
WQC No. 003782
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: httpa/h2o,enrstate.nc.uslnmetlandsl
NorthCarolina
Natmally
An Equal Opportunity 1 AFrma6ve Action Employer