20120539 Ver 1_Approval Letter_20120607

A D
Permanent Fill
=
Permanent Fill in
®
C ®EN
Total Stream
North Carolina Department of Environment and Natural Resources
Division of Water Quality
in Intermittent
Beverly Eaves Perdue Charles Wakild P E
Dee Freeman
Governor Director
Secretary
Impacts
June 7 2012
Stream (linear
Orange County
(linear ft)
DWQ Project No 20120539
(linear ft)
SR 1919 (Level Cross Road)
TIP no U 2803
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Greg Thorpe PhD
NCDOT PDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Mr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the
purpose of the widening of SR 1919 (Smith Level Road) to a multilane facility from south of Rock Haven
Road to Bridge No 88 over Morgan Creek in Orange County
CtrPam imnaetc 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
1
232
7
241
222
Total
1
1
232
7
241
222
Total Stream Impact for Protect 241 linear feet
The protect shall be constructed in accordance with your application dated received June 4 2012
After reviewing your application we have decided that these impacts are covered by General Water
Quality Certification Number 3886 This certification corresponds to the Nationwide Permit 14 issued by
the Corps of Engineers 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) 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 Any modifications to this 401 Water Quality Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan
Water Supply Nutrient Strategy [15A NCACO2B 0267] NCDOT shall coordinate with NCDWQ
prior to submitting a modification request to determine the applicability of the Jordan Water Supply
Nutrient Strategy This condition does not apply to mayor modifications for additional sections of the
project that were covered under the Finding of No Significant Impact or approved in the Avoidance
and Minimization stage of the project
2 Compensatory mitigation for 222 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 May 22 2012 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above
referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28 2010
3 Post construction stormwater shall be designed as approved in updated plan drawings dated received
May 24 2012 If any changes are made to the post construction stormwater design the Division of
Water Quality shall be contacted for approval of the changes
General Conditions
4 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
5 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
6 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
7 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval
8 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP
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
9 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
10 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
11 No rock sand or other materials shall be dredged from the stream channel except where authorized by
this certification
12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
13 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
14 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
15 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
16 The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery

17 Upon completion of the project (including any impacts at associated borrow or waste sites) the
1' NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion
Form' to notify NCDWQ when all work included in the 401 Certification has been completed
18 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of
the project by the end of the growing season following completion of construction
19 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 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 5 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 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 [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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] or amy euliss @ncdenr gov
Sincerely
1
Charles Wakild
Attachments (General Certification and Certificate of Completion form)
cc Jerry Parker Division 7 Environmental Officer
John Thomas US Army Corps of Engineers Raleigh Field Office
Travis Wilson NC Wildlife Resources Commission e copy
Beth Harmon Ecosystem Enhancement Program
Wetlands /401 Transportation Permitting Unit
File Copy