20151335 Ver 1_Approval Letter_20160121

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Water Resources
ENVIRONMENTAL �UALITY
PA`I' MCCROItY
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DONALD R. VAN DF_,R VAAR'C
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S. JAY 7,IMMF,RMAN
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January 21, 2016
Forsyth County
NCDWR Project No. 20151335
Road Improvements SR 1601
WBS Project No. 9C.034100
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL COND[TIONS
Ms. Stephanie Braquet, Environmental Specialist
NCDOT, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Dear Ms. Braquet:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening, paving and pipe replacement on SR 1601 (Payne Road) in a UT to Old Richmond Creek (Index No. 12-
79) in Forsyth County:
Site
Stream Impacts in the Yadkin-Pee Dee River Basin
PQrmanent I
Fili in
i ": errp��: ar� Fii►
[ntermittent �n In�erm:tter.�
Stream Stream
(linear ft) (�inear ft)
Permanent Fill Temporary F'ill
in �erennial in Yerennial
Stream Stream
(linear ft) (linear ft)
1 - - 15
Total - - 15
Total Stream Impact for Project: 23 linear feet.
�'��n� � Stream
��r��m Impacts
[mpact Requiring
(linear ft) Mitigation
(linear ft)
23 0
23 0
The project shall be constructed in accordance with your application dated received December 28, 2015. 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 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. [f total wetland fills for this project (now or in the future) exceed one aa•e, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
descri�ed in 1 �A NCAC 2H .0505 �h j(6) anu (7). ror this a�proval ta remain valid, ycu must adher:, to thz
conditions listed in the attached certification(s) and any additional conditions listed below.
State of North Carolina IEnvironmental Qualiq I, Water Resources
1617 Mail Service Cenler, Raleigh, Norih Carolina 27699-1611
Phone:[phone]'

Condition(s) of Certi�cation:
Project Specific Conditions
1. For the eight 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. [15A NCAC
02H.0506(b)(2)]
2. The stream channel sha11 be excavated no deeper than the natural bed materiai oi 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. [15A NCAC
02H.0506(b)(2)]
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 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 downstream of the above structures. 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 modifcation will be required.
[15A NCAC 02H.0506(b)(2)]
2. 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 he discharged to surface wat�rs due to the potential for elevated pH and possible aquatic life and
fish k�lls. [15A NCAC n2B4O200]
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, 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. [15A 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 fnal design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and
(�)(2)l
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 structures shall be used to prevent
excavation in flowing water. [15A 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 ana reduce the introduction of other polluiants into the stream. [ l �A Iv'Cf1C
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and riaintained to
prevent contamination of stream waters from fuels, lubri�ants, hydraulic fluids, or other t��ic materials.
[15A 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)]
11. 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
auality standards (inc.uding any requirements resulting from comptiance with §303(d) ofthe C.ean Water
Act) and any other appropriate requirements of State and Federat iaw. if ihe NCDi�vR 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 certirication. [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 certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certifcation 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing or flagging prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ 15A 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. Th� Per_n_�itte� �hall report ar.y violat�or.s of tris cer±ification tc� the Divisien of �l✓ater Rvso�rces �vithin
24 hours of discovery. [i5A 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 authorized agent) shall complete and return the enclosed "Certification of
Completion Form" to notify the NCDWR when all work included in the 401 Certiiication has been
completed. [15A NCAC 02H.0502(fl]
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.
[ 15A NCAC 02H.506(b)(3)]
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.[15A 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 erosion 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
Er�osion Cof�tr�ol °lannirtg and Design ,'L1a�iZca1.
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 Caralir�a Sedinient und Erosiora Control Marival. Tl�e devices shali be maintained on al�
construction sites, borraw sites, and waste pile (spail} projects, incl�!ding contractor-owned or leased
borrow pits associated with the proj�ct.

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 Caro[ina 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. [? SA 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 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 S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be iiled 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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
] 601 Mail S�rvice Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
a
� �,
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy

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Water Resources
ENVIRONMENTAL QUA�ITY
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certi�cation:
Yn"I' MCCRORY
DONALD R. V�'1N DI;R VAAR"['
;e��,�ern-,�
S. JAY '/,IMMERMAN
Certi�cate 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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returneu to NCDWR by the applicant, the applicant's authorized agent, or the p;oject engineer. It is not
necessary to send certifcates from all of these.
Applicant's Certificntion
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.
Si�naiure: Daie:
Ag�nt's Ce�tifrerrtiar
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:
Engi�reer's Certifrcntion
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
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 observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved pians and specifications, and other suppoi•ting matef•ials.
Signature Registration No.
Date
State of Pdorth Carolina �Environmental Qualitv I W1ter Resourczs
7617 Mail Service Center, Raleigh, Nortn Carolina 27699-16i7
Phone:[phone]
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