20151179 Ver 1_Approval Letter_20161208

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
Un�vnrnr
DONALD R. VAN DER VAART
Scrrrinrp
S. JAY Z[MMFRMAN
INretlnr
December 17, 20 ( 5
Guilford County
NCD W R Project No. 20 t 5 I 179
Bridge 208 on SR 305I
TIP No. B-4961
BRZ-3051
APPROVAL of Jordan Lake Watershed Butier Authorization with Additional Conditions
Mr. Richard Hancock, P.E., Manager
NCDOT, Project Development and Environmental Analysis Unit
1020 Birch Ridge Drive
Raleigh, NC 27610
Dear Mc Hancock:
RE: This Authorization (as dated above) replaces the origina[ Authorizalion December 3, 20/S in order to correct
a minor typographic error related to Zone 1 mitigatron totals. No oJher Conditions have been changed.
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 208 over an UT to Little Alamance Creek with another bridge in Guilford County:
Jordan Lake Watershed Ri arian Bufferlm acts
Zone t Impact Zone 1 Buffer :�;; Zone 2 Zone 2 ButPer
Site �sq ft) Mitigation Required Impact Mitigation Required'
usin 3:1 ratio s ft usin 1.5:t ratio
� 4656 - 839 -
Brid e
� 251 - i723 -
(Road Crossing
2 S96 - � -1050
Road Crossin ) ,,,_ .
� 1266 3,798 � 1280 -
UHIi Im acts) �
Totats 7,069 3,798 ,�' 4,892
io[a� au[�er impac[ wr rro,�ecr. i yyoi square ieec.
The project shall be constructed in accordance with your application dated received November ] 0, 2015. This
approval is valid for the Jordan Lake Riparian Buffer Rules (i5A NCAC .02B .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 Conhol, Non-Discharge and Water Supply Watershed regulations.
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 ofthis Authorization, and is thereby responsible for complying with aIl the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams
Siate of North Carolina �Lnvironmenial Quality � We[¢r Resources
1617 Mail Service Center, Ralelgh, Nodh Carolina 27659-1617

(now or in the future) exceed l50 linear feet, compensatory mitigation may b8 required as described in 15A NCAC
2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mi[igarion as described in ISA
NCAC 026 A267. 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 SpeciCic Conditions
I. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [ I SA NCAC 28 .0267]
2. Al( ripazian buffers impacted by the placement of temporary fill or clearing activities shall be restored to
the preconstruction contours and revegetated. Maintained buffers shail be permanentiy revegetated with
non-woody species by the end of the growing season following completion of conshuction. 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 activiries including mowing. The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following comptetion of construction. [I SA NCAC 2B .0267]
3. Pursuant to I SA NCAC 2B A267, sediment and erosion control devices sha(I not be placed in Zone 1 of
any Jordan Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no
sediment and erosion conhol devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreovey sediment and erosion conhol devices shall be allowed in Zone 2 of the buffers
provided that Zone t is not compromised and that discharge is released as diffuse flow.
4. 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 (I SA NCACO26 .0267). The NCDOT shall coordinate with the NCDWR
prior to submitting a modification request to determine the applicability of the Jordan Water Supply
Nuhient Shategy.
S. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted azeas shall be revegetated with appropriate native
species. [ISA NCAC 02H.0506(b)(2)
6. As a coadition of this 401 Water Quality Certification, the bridge demolition and consh-uction must be
accomplished in strict compliance with [he most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and t5A NCAC 02H
.0506(b)(5)]
7. Bridge deck drains shall not discharge directty into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed swur holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best
Managemen[ Practices. [15A NCAC 02H .0507(d)(2) and t5A NCAC 02H .0506(b)(5)]
8. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first [t5A NCAC 02H.0506(b)(2)]
9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [i5A NCAC 02H .0506(b)(3)
IG. ialt bridge construction shall be performed Trom the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. [15A NCAC 02H .0506(b)(3)]
Ojf-Site Bnffer Mitigation

I L Compensatory mitigation for impac[s to 1,266 square feet of protected riparian buffers in Zone i shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to
protected buffers through use of the North Cazolina Division of Mitigation Services (DMS) (formerly
NCEEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Cape
Fear River Basin and done in accordance with 15A NCAC .02� .0295. The DMS has indicated in a letter
dated October 29, 2015 that they will assume responsibility for satisfying the compensatory mitigation
requirements for the above-referenced project, in accordance with DMS's Mitigation Banking tnstrument
signed July 28, 2010.
General Gonditions
1. Unless otherwise approved in this certification, pfaeement of culverts and other shuctares in open waters
and streams shall be placed below the elevation of the sffeambed by one foot for all culverts with a
diameter geater 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
cutverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of weNands or sheambeds or banks, adjacent to or upstream
and downsheam of the above structures.�The appiicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unabie 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.
[15A NCAC 02H.0506(b)(2)] ,
2. If concrete is used during construction, a dry work area shal] be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvartently 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, panern and profi!e of the stream above and below� the crossing shall not be modified,
Disturbed floodplains and sheams 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 shalt be piaced 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 [o [he permit
drawings submitted for approvaL [ISA NCAC 02H .0$07(c) and ISA NCAC 02H .0506 (b)(2) and
(�)(2)]
7. AIl work in nr adjacent to sheam 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, rack 6erms, cofferdams and other diversion structures shall be used to preven[
excavation in flowing watec [I SA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channei in order to
minimize sedimenta[ion and reduce the inhoduction of other pollutants into [he stream. [ I SA NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of shream waters from fueis, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(bj(3j]
l0. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [ISA NCAC 02H,0506(b)(3)j
1 I. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface wsters is prohibited. [15A NCAC 02H.D506(b)(3)]

]2. 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
Ac[) and any other appropriate requirements of State and Federal taw. 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 Iocated 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 Qualiry Certification shall be maintained on the construction site at all times. [n
addition, the Water Quality Certification and all subsequent modifications, ifany, shall be maintained with
the Division Engineer and [he on-si[e project managec [15A NCAC 02H .0507(c) and ISA 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 prior to any tand disturbing
activities. Impacts to areas within the fencing are prohibited uniess otherwise authorized by this
cer[ification. [ISA NCAC 02H.0501 and .0502]
t6. 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. bcal, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, s[ormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resowces wiffiin
24 hours of discovery. [i 5A NCAC 02B.0506(b)(2)]
I8. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engioeer (or appointee) shall comple[e and return the enclosed "Certification of Completion
Ferm" to notify the NCDWR when all work included in the 401 Certification has been completed [ISA
NCAC 02H.0502(f)]
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.0267Q0)]
20. There shall be no excavation from, or waste disposal inta, jurisdictional weUands or waters associated
with [his permit without appropriate modificatioa Shouid waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or streams, compensatory miti�ation will be required since that is
a direct impact from road cons[ruction activities.[ISA NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the
� proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [t SA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment con[rol measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolrna Sedtment and
Erosion Contro[ Planning and Design Manual.
b. The design, instaltation, 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 Contro! Manual. The devices shall be maintained on a0
construction sites, borcow 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
Minrng A4anuaf.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pottution Control Act.

22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherv✓ise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contes[ any sta[ement in the attached Certification you must file a petition for an adminishative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Heazings 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
Adminishative Hearings accep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
For officiai state holidays. The original and one (I) copy of the petition must be filed with the Office of
Adminishative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Oftice of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Adminisffative 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
1601 Mail Service Center
This Ietter completes the review of the Division of Water Resources under Section 401 of the Clean Water Ac[. [f you
have any questions, please contact Dave Wanucha at [phone] or Dave [e-mail].
Sincerely,
�J ��
1 — ��
S. Jay immertnan, irector
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thompson, Division 7 Environmentat Assistant
James Mason, NCDOT PDEA ([e-mail])
Colin Mellor, NC Department of Transportation
Cazla Dagnino, NC Department of Transportation
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy