20130632 Ver 1_Approval Letter_20130723

'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E, Skvarla, III
Governor Acting Director Secretary
July 23, 2013
Orange County. .
NCDWQ Project No. 2013 -0632
(Bridge 234) SR 1581
State Project No. 17BP.7.R.61
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Mike Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415 -4996
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 234 on SR 1581 (Sneed Rd) in Orange County:
Stream Impacts in the Neuse River Basin
i oiai Stream Impact for Protect: 206 [inear feet.
Neuse Riparian Buffer Impacts
Permanent Fill
Temporary Fill
Permanent Fill
Temporary kill
Stream Impacts
Site
in Intermittent
in Intermittent
in Perennial
in Perennial
Testa! Stream
Requiring
Zone 2
Stream
Stream
Stream
Stream
]Impact
Mtigation
wetlands)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
1'
(sgft)
(sgft)
166
40
206
166
TOTAL
0
0 1
166
40
.206
166
i oiai Stream Impact for Protect: 206 [inear feet.
Neuse Riparian Buffer Impacts
ivies■ vuxaci iiicYacL -fur rR- ujuc6: izioz, square Ieei.
The project shall be constructed in accordance with your application dated received June 17, 2013 with additional
information dated received July 3; 2013, July 15, 2013, and July 23, 2013. After reviewing your application, we
North Caro#ina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: 336 - 771 -50001 FAX: 336 - 771-46301 Customer Service: 1- 877 - 623.6748 Nor thCarofi 1a .
Internet: www,ricwaterquality,arg
An Equal Opportunity 1 Affirmative Action Employer
minus
= Zone .1
Zone I Buffer
minus
=Zone 2
Zone 2
Site
Zone 1
Wetlands
Buffers (not
Mtigation
Zone 2
Wetlands
Buffers (not
Buffer
Impact (sgft)
in Zone I
wetlands)
Required
Impact (sgft)
In Zone 2
wetlands)
Mitigation
(sgft)
(sgft)
(3:1 ratio).
(sgft)
(sgft)
Required
1.5:1 ratio) .
1 (culvert)
1083
1083.
0
783
783..
0
2(Bank
Stabilization) -
6757
6757
4236
4236
2 (temp: pipe)
1558
1558
0
735
735
0
TOTAL
9398
0 1
9398
0
5754 1
0 1
5754 1
0
ivies■ vuxaci iiicYacL -fur rR- ujuc6: izioz, square Ieei.
The project shall be constructed in accordance with your application dated received June 17, 2013 with additional
information dated received July 3; 2013, July 15, 2013, and July 23, 2013. After reviewing your application, we
North Caro#ina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: 336 - 771 -50001 FAX: 336 - 771-46301 Customer Service: 1- 877 - 623.6748 Nor thCarofi 1a .
Internet: www,ricwaterquality,arg
An Equal Opportunity 1 Affirmative Action Employer

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. This approval is also valid
for the Neuse Riparian Buffer Rules (15A NCAC 2B :0233). 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.0242 (9). 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 166 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 June 11, 2013 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.
2. All riparian buffers impacted by the placement of temporary fill, clearing activities, or installation of bank
stabilization 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 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse 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.
4. If multiple pipes or barrels are. required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
5. For the 40 linear 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.
6. The stream channel shall be excavated no deeper than the natural bed material of the stream;. to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to .
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species:
General Conditions
1.. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
US:; or protected riparian buffers.
2. 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.
3. The Permittee shall ensure that the final design drawings adhere. to the permit and to the permit drawings
submitted for approval.:
4. 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.
5. 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.
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.

7. 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.
8. 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:
9. . The Permittee shall report any violations of this certification to the Division of Water. Quality within 24 hours
of discovery.
10. Upon completion of the project (including any impacts at associated borrow or waste sites), the 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.
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 Bearings. 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: (919) -431 -3000, Facsimile: (919)-431 - 3100..
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, 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 (336)771 -4959 or [e-mail].
Sincerely,
wllil-�
Thomas A. Reeder
r�
cc: Jerry Parker, Division 7 Environmental Officer (electronic copy only)
Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Transportation Permitting Unit (electronic copy only)
File Copy

NCDENit
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John. E. Skvarla, Ill
Governor Acting Director Secretary
NCDWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion .
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail: Service Center, Raleigh, NC, 27699 - 1650. This form
may be returned to NCDWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I; , hereby state.that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction Was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence .
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water. Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that. the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location, 585 Waughtown St. Winston- Salem, North Carolina 27107 One
Phone: 336 - 771 -50001 FAX: [phone] Customer Service: 1- 877 - 623 -6748 NorthCarohna
Internet www.nmaterqual4y.org
An Equal Opportunity S Affirmative Action Employer `