20110302 Ver 1_Approval Letter_20110418

ALA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 18, 2011
Guilford County
NCDWQ Project No. 20110302
Bridge 203 on SR 2755
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Mike Mills, P.E., Division Engineer
NCDOT. Division 7
PO Box 14996
Greensboro, NC 27415
Dear Mr. Mills:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 203 on SR 2755 in Guilford County:
Jordan Lake Ri arian Buffer Impacts
Impact Zone 1 minus = Zone I' Zone 1 Buffer `! Zone 2 minus = Zone 2 Zone 2 Buffer
type Impact Wetlands Buffers (not Mitigation E 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 (sq ft) wetlands) 1.5:1 ratio)
ratio s ft
Bride 95 0 349 0 0 0 0 0
Road fill- 168 0 168 504 -
Perpendi
cular
Road fill- 86 0 86 0 `a
Parallel
349 0 349 504 s
"
" 0 0 0 0
Totals H
I
.
Total Buffer Impact for Project: 349 square feet.
The project shall be constructed in accordance with your application dated received April 1, 2011 with additional
information dated received in the Winston Salem Regional Office April 12, 2011 and April 15, 2011. 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 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.
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 ore
described in 15A NCAC 2H..0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation NorthCarolina
Natw*a!!il
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone]
Internet w nmaterquality.org Winston-Salem, NC 27107 FAX [phone]
Customer Service
1-877-623-6748
An Equal OppodunitylAffnnative Action Employer -50%Recycled/10%Post Consumer Paper
as described in 15A NCAC 02B .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. Roadside ditches shall not be altered beyond the limits detailed in the permit application.
2. 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.
3. Pursuant to NCACISA 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
4. Bridge deck drains shall not discharge directly into the stream and/or riparian buffer. Stormwater 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.
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. Compensatory mitigation for impacts to 168 square feet of protected riparian buffers in Zone I shall be
required at a ratio of 3:1, totaling 504 square feet. 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 Riparian Buffers shall be
provided in the Jordan River Basin and done in accordance with 15A NCAC 2B .0267. EEP has indicated
in a letter dated April 8, 2011 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.
7. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species.
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.
9. Pursuant to 15A NCAC 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.
General Conditions
10. 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.
11. 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.
12. 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.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings .
submitted for approval.
14. 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.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
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. „
20. 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 150B 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, /L
Coleen H. Sullins I
h,r Director
Cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office, e-copy
Jerry Parker, Division 7 Environmental Officer
-Wetlands/ 401 Transportation Permitting Unif.
-File Copy