20151328 Ver 1_Approval Letter_20160111

Water Resources
CNVIRONM[NT/LL pUALITT
t�n�r McciiokY
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DONAI,D R. VAN D[�:R VAAR7'
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S. JAY ZIMMIiIZMAN
January 8, 2016
Guilford County
NCDWR ProjectNo. 20191328
Bridge 189 on SR 2719
WBS Element 17BPJ.R.86
APPROVAL of 401 WATER QUALITY CF,RTIFICATION and Jordan Lake Watershed BUFFER
AUTHORIZATION, with ADDITIONAL CONDIT[ONS
Mc J.M. Mills, P.E., Division Engineer
NCDOT, Division 7
P.O. Box 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the putpose of
replacing Bridge 189 with a new bridge over UT to Reedy Fork [Index No. l6-I I-(9)] on Nigh Rock Road in
Guilford County:
Temporary Fill in
Site Perennial Stream
(linear f't)
Total I -
Permanent Fill in
Perennial Stream
pinear ft)
Total Stream [mpact for Project: 14 Iinear feet.
�i
S
14
Total Stream Impact
pinear R)
fCl
14
S.r.am :mpacYs
Requiring
Mitigatio❑
(linear ft)
0
0
Jordan Lake Ri arian Buffer Im acts
Site Zone 1 nii�ius = Zone 1 Zone 1 Buffer Zone 2 n�inus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Boffers Mitigation
(sg ft) in Zone 1 wellands) Required (sq ft) in Zone 2 (not Reqoired (using
(sq St) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
(s ft)
� 3,289 - - - 1,362 - - -
(Brid e)
Totals 3,289 — -- ----- --- ---- - - --1,362 --- - - - — -- ----
1'otal Buffer Impact for Yrojech 4,651 square iee[.
S�a�eoFNorth Camli�a I,Gnvirnnmen�al Qualiry I Water R�¢onrces
to 17 Mail Service Cemec Rale�oh, Nonh Carolina 276994617

The project shall be constructed in accordance wi[h your application dated received December l6, 2015. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This
approval is also valid for the Jordan Lake Watershed Buffer Rules (ISA NCAC .02B .0267). [n 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 NCDWR 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 weHand 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 2B.0233. 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
I. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 2B.0233(5)]
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 constructioa 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. (15A NCAC 2B.0233)
3. Pursuant to 15A NCAC 2B .0233(6), sediment and erosion control devices shall not be placed in Zone I
of any Jordan Lake Watershed Buffer without prior approval by the NCDWR. At this time, [he NCDWR
has approved no sediment and erosion control devices in Zone l, 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 I is not compromised and that discharge is released as diffuse flow.
4. As a condition of this 401 Water Quality Certifica[ion, the bridge demolition and construction must be
accomplished in strict compliance with the mos[ recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
5. Bridge deck drains shall not discharge direcNy into the stream. 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. [ I SA NCAC 02H .0507(d)(2) and l5A NCAC 02H .0506(b)(5)]
General Conditions
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 foo[ for all wlverts with a
diameter greater than 4� inches, and 20 percent of the culvert diameter for culveRs 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
manrer that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downsiream of the above stn�ctures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for

guidance on how to proceed and to determine whether or not a permit modification will be required.
[ I SA NCAC 02H.0506(b)(2)]
2. [f concrete is used during construction, a dry work area shall be maintained [o 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. [15A NCAC 02B.0200]
3. 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. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattem 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 [ I SA NCAC
02H.0506(b)(2)]
5. 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. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approvaL [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(z)]
7. 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 strucwres shall be used to prevent
excavation in flowing watec [l5A NCAC 02H.0506(b)(3) and (c)(3)]
8. 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. [15A NCAC
02H.0506(b)(3)]
9. 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.
[ I SA NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
I I. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certificatioa [15A NCAC 02H.0506(b)(2)]
14. A copy of [his Water Qualiry Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, ifany, shall be main[ained with
the Division Engineer and the on-site project manager. �ISA NCAC 02H .O�U'/(c) and 15A NCAC G2H
.0506 (b)(2) and (c)(2)]

I5. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearty marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certificatioa [ I SA NCAC 02H.0501 and .0502]
16. 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.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A
NCAC 02H.0502(�j
19. 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.[ISA NCAC
02B.0267(10)]
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.[ISA NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [ 15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosien and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Con[ro( Plannrng and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 oftice of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday be[ween the hours of 8:OOam and S: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 [he document is received by the Office of
Adminis[rative Hearings within tive (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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmentai Qualiry
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
0� �� ��.
S. Jay Zimmerman, Director ,
Division of Water Resources
Electronic copy only distribution:
Dave E3ailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thotnson, Division 7 Environmental Assistant (njthonrson2 r�r ncdot.gov)
Travis Wilson, NC Wildlife Resources Commission
File Copy

Water Resources
[NVIRONMENTAI �UALIT'!
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
PA'I'MCCROKY
DONAI,D IZ. VAN DIsR VAAIt'I'
���-� ��<-r�„-��
S. JAY ZIMMIiRMAN
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Certificate of Completion
Upon comple[ion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subseqoent modifications, the applicant is required to retorn this certificate to the 401 Transportation Permitting
Unit, Nor[h Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDV✓R by [he applicant, the applicanYs authorized agent, or the project engine2r. It is not
necessary to send certificates from all of these.
ApplicnuYs Certiftcntiae
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such thaC the constroction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cerfification and Buffer Rules, [he approved plans and
specifications, and other supporting materiTls.
Signature: Cate:
AgenYs Ccr1 fcatla�
�, , hereby state that, to [he best of tny abilities, due care and diligence
was used in the observation of the construction such thzt 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: _ Da[e:
E�+gineer'.s Cer[ifrenNo�i
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) [he construction of the projeet for the
Permittee 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 obse�ved 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 ma[erials.
Signature
Date
Registration No.
State o(Nonh Carolina',Gn�Ioninental Qneliry I Werec Resources
16ll Meil Servloe Center, Ralelgh, Nonh Cerolina 27893�1Bll