20100375 Ver 1_Approval Letter_20100527

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
May 27, 2010
Guilford County
NCDWQ Project No. 20100375
SR 9901 (Farragut St.)
State Project No. 7B.2041 11
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415-4996
Dear Mr. Mills
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of bridge maintenance, including placement of rip rap around the base of the bents to maintain
the structural integrity of the bridge in Guilford County:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
ft) Mitigation
linear ft
1 60 60 0
60 60 0
Total
Total Stream Impact for Project: 60 linear feet.
.Inrdan Lake Riparian Buffer Imnacts
Site Zone 1 minus = Zone 1 Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers Impact Wetland Buffers Mitigation
(sq ft) in Zone I (not (sq ft) s in Zone (not Required
(sq ft) wetlands) 71 2 (sq ft) wetlands) (using I.5:1
s ft ft ratio
300 0 300
200
0
200
0

300
0
300 1
1111
200
0
200
0
:
Total Buffer Impact for Project: 500 square feet.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet. hdp:llh2o.enr.state. nc.uslncwetlandsl
NorthCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer
The project shall be constructed in accordance with your application dated received May 18, 2010. After
reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3687. This certification corresponds to the Nationwide Permit 3 issued by the
Corps of Engineers. This approval is also valid for the Jordan Riparian Buffer Rules (15A NCAC 2B
.0267). In addition, you should acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the NCDWQ 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 total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed ISO linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7).
Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 02B .0268
for Jordan. For this approval to remain valid, you must adhere to the conditions listed in the attached
certification(s) and any additional conditions listed below.
Condition(s) of Certification:
1. Placement of rip rap below the Normal High Water Mark is allowable in the wet, as long as the
turbidity curtain is installed as described in the permit application.
2. 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.
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated. The disturbed area shall be replanted immediately
with comparable vegetation, except that tree planting may occur during the dormant season. At the
end of five years, NCDOT shall submit a letter stating that the revegetated area is comparable to the
preexisting conditions.
4. Pursuant to NCAC 15A 2B. 0267, sediment and erosion control devices shall not be placed in Zone 1
of any Jordan Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no
sediment and erosi n control devices in Zone 1, outside of the approved project impacts, anywhere on
this project. ',.fir fi ver, sediment and erosion control devices shall be allowed in Zone 2 of the buffers
provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
5. 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.
6. 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, beyond the limits allowed under this certification.
7. 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.
8. A copy of this Water Quality Certification shall be maintained 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.
9. 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.
10. The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.
11. 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.
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 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its
conditions are final and binding unless you ask for a hearing. This letter completes the review of the
Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please
contact Amy Euliss at [phone].
Sincerely,
Coleen H. Sullins
Director
Cc: Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Wetlands/401 Transportation Permitting Unit
File Copy