20110610 Ver 1_Approval Letter_20110803

~~n
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Bevedy Eaves Perdue Coleen H. Sullins Oee Freeman
Governor Director Secretary
August 3, 2011
Alamance County
NCDWQ Project No. 20110610
SR 2374, bridge to culvert
WBS project no. 7B.200111
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. Mike Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 26415-4996
Deaz Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a structurally deficient bridge with a double barrel culvert on SR 2374 (Rural View Road) in Alamance
County:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
1 42 20 62 0
42 20 62 0
Total
Total Stream Impact for Project: 62 linear feet.
Jordan Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer a Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) ;¢~ (sq ft) wetlands) 1.5:1 ratio)
' y"~ S ft
1 0 0 0 0 `" 160 0 160 0

0
0
0
0 c~;
r~
160
0
160
0
Totals ';
Total Buffer Impact for Project: 160.0 square feet.
The project shall be constructed in accordance with your application dated received June 29, 2011 with additional
information dated received July 29, 2011. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 3820. This certification corresponds to the Nationwide 14
issued by the Corps of Engineers. This approval is also valid for the Jordan Riparian Buffer Rules (!SA NCAC 2B
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St Winston-Salem, North Carolina 27107 `~ ~ne ~~?~~ ~ ~ ~:
Phone: 3's6-711-50 00 1 FAX:[phone] Customer Service: l-877-623.6748 NOI'(~'1C1POhria
Internet: www.ncwaterquality.org ~~~`l~r~~/, ,,'
An Equal Opportunity! Affirmatlve Action Employer ~" ~" j~

.0267. In addition, you should acquire any other federal, state or local permits before you proceed with your project g
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 150 linear Feet, compensatory mitigation maybe required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 16A NCAC .0268. 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:
Project Specific Conditions
1. 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. Overflow pipes maybe laid at grade. 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 NCDWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
2. A floodplain bench shall be installed at the inlet of the overflow pipe. The bench shall be comprised of large rock.
The floodplain bench shall also be tapered to tie into the upstream sireambank. Further, if the stream channel at
the outlet of the overflow pipe overwidens, then the Division of Water Quality shall be consulted for appropriate
restoration measures.
3. All stotmwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular
NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently
revegetated with native woody species before the next growing season following completion of construction.
5. Pursuant to I SA NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Iordan Buffer without prior approval by NCD WQ. At this time, NCDWQ has approved no sediment and erosion
control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment
and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone I is not compromised and
that discharge is released as diffuse flow.
General Conditions
6. For the 20 lineaz feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species.
7. 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.
8. 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.

9. 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.
] 0. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
1 I. 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.
12. 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.
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 azeas within the fencing are prohibited unless otherwise authorized by this certification.
14. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that maybe imposed by other government agencies (i.e. local, state, and federal)
havingjurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc.
15. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
16. All mechanized_equipment operated neaz 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.
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 S: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 maybe faxed-provided 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 Heazings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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,
~~~1~~~'x'~
Coleen H. Sullins
-~i Director
Cc: Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office, e-copy
Travis Wilson, NC Wildlife Resources Commission, e-copy
Beth Harmon, Ecosystem Enhancement Program
WetlandsF410 Transportation Permitting Unit
File Copy