20101007 Ver 1_Approval Letter_20110221

®??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
February 21, 2011
Guilford County
NCDWQ Project No. 20101007
SR 1008
TIP No. R-2611
APPROVAL of 401 WATER QUALITY CERTIFICATION and RANDLEMAN BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, P.E.
NCDOTPDEA
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of widening of West Market Street (SR 1008) from Bunker Hill Drive (SR 2007) to NC 68 in
Guilford County, Federal Aid Project No. STP-1008(9); Division 7; TIP No. R-2611:
Stream Impacts in the Cane 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
Si 15 16 31 0
S2 200 33 233 200
215 49 264 200
Total
Total Stream Impact for Project: 262 linear feet.
Randleman Riaarian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers Mitigation r_ Impact Wetland Buffers Mitigation
(sq ft) in Zone 1 (not Required Kam' (sq ft) s in Zone (not Required
(sq ft) wetlands) (using 3:1 ?V'{, 2 (sq ft) wetlands) (using 1.5:1
s ft ratio s ft ratio
B1 11,953 11,953 35,859 •;, 5,621 5621 8,432
B2 416 416 1,248 "tl 240 240 360
12,369 12,369 37,107 5,861 5,861 8,792
Totals 1?.
Total Buffer Impact for Project: 18,230 square feet.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet. www.ncwaterquality.org
NorthCarolina
Aghlrrrllil
An Equal Opportunity 1 Affnnative Action Employer
The project shall be constructed in accordance with your application dated received December 6, 2010
with additional information received January 31, 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 Permit 14 issued by the Corps of Engineers. This approval is
also valid for the Randleman Riparian Buffer Rules (15A NCAC 2B .0250). 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 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 .0252. 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. Compensatory mitigation for impacts to 12,369 square feet of protected riparian buffers in Zone 1
and 5,861 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 Randleman Riparian Buffers shall be provided in the Randleman River Basin and done
in accordance with 15A NCAC 2B .0250. EEP has indicated in a letter dated November 8, 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 MOA signed on April 12, 2004.
2. Compensatory mitigation for 194 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 8, 2010 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 MOA signed on
July 22, 2003 and the Dual-Party MCA 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. 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.
6. Pursuant to 15A NCAC 2B .0250, sediment and erosion control devices shall not be placed in Zone
1 of any Randleman 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 shalt be
allowed in Zone 2 of the buffers provided that Zone I is not compromised and that discharge is
released as diffuse flow.
General Project Conditions
7. 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. 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.
8. 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.
9. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
12. 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.
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
16. State or federal law is being violated, or that further conditions are necessary to assure compliance,
NCDWQ may reevaluate and modify this certification.
17. 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.
18. 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.
19. 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: Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
Wetlands/401 Transportation Permitting Unit
File Copy