20100571 Ver 1_Approval Letter_20101104

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NCDENR
North Carolina Department of Environment and Natural Resources
Eaves Perdue
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
November 4. 2010
Guilford County
NCD W Q Project No. 20100571
Bridge 97 on Ballinger Road
APPROVAL of 401 WATER QUALITY CERTIFICATION
Jordan BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Bruce Overman, Project Manager
City of Greensboro-Engineering Division
PO Box 3136
Greensboro, NC 27402
Dear Mr. Overman
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing the bridge over Horsepen Creek on Ballinger Road in Guilford County:
Stream Impacts in the Cape Fear River Basin
Stream Permanent Fill in Temporary Fill in Total Stream Stream
Perennial Stream Perennial Stream Impact Impacts
(linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
A 87 87 0
Horse en Creek 128 254 382 0
128 254 469 0
Total
Total Stream Impact for Project: 469 linear feet.
Jordan Lake Riparian Buffer Impacts
I Site Zone I minus = Zone 1 Zone I Buffer : Zone 2 minus = Zone 2 Zone 2 Buffer
I Impact Wetlands Buffers (not Mitigation r
LLL Impact Wetlands Buffers Mitigation
(sq ft) in Zone I 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)
S s ft
11 7229 0 7229 978 6042 0 6042 2782
Total Buffer Impact for Project: 13271 square feet.
The project shall be constructed in accordance with your application dated received July 16, 2010, with additional
information dated received September 24, 2010, October 20, 2010, and November 1, 2010. 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 Permit 14 issued by the Corps of Engineers. This approval is also
valid for the Jordan Lake 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.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One - -- - --
Phone:[phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCaFOhna
Internet:w .ncwatemuatity.org
a urn
-_-- I' An Equal Opportunity l Affirmative Action Employer
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 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 .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. The permittee shall visually monitor the relocated channel and the existing stream every six months to
assess and ensure complete stabilization of the relocated stream segment. The monitoring shall be
conducted every six months for a minimum of 2 years after project completion. Pictures of the channel
shall be submitted to the Winston Salem Regional Office, Division of Water Quality, following each
inspection.
2. Compensatory mitigation for impacts to 978 square feet of protected riparian buffers in Zone I and 6042
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen
to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina
Ecosystem Enhancement Program (EEP). Mitigation for unavoidable impacts to Jordan Lake Riparian
Buffers shall be provided in the Cape Fear River Basin and done in accordance with 15A NCAC 2B
.0267. EEP has indicated in a letter dated August 31, 2010 that they will assume responsibility for
satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with
the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MON signed on April 12, 2004.
3. All stormwater 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 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 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 1 is not compromised and that discharge is released as diffuse flow.
6. The outside buffer, wetland or water boundary located within the construction corridor approved by this
i 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.
General Conditions
7. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water
Quality Certification.
?. Bridge deck drains shall not discharge directly into the stream. Stonnwater 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.
10. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ first.

11. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
12. 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.
13. 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.
14. 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval-
16. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BiV1P 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.
17. 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.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
21. State or federal law is being violated, or that further conditions are necessary to assure compliance,
NCDWQ may reevaluate and modify this certification
22. A copy of this Water Quality Certification shall be maintained on the construction site at ail 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.
23. The issuance of this certification does not exempt the Permittce 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.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
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 8:00am and 5:00pm, 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 may be 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 Hearings 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
Coleen H. Sullins
Director
Cc: Brandon Phillips, STV Ralph Whitehead Associates, 1000 West Morehead Street, Suite 200, Charlotte, NC
28208
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Weetla ds/.401=Transportation-Permittmg.Unit
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