20161083 Ver 1_DWR Approval Letter_20170125

E'n vrronmen ta l
QUQ�IfY
PA'I'MCCRORY
� I� �vc� ro,i
I>ONALD R. VAN DF,R VAART
��:::�.i��>
JAY ZIMMGRMAN
r��v:: L,�rect,:r
December 13, 2016
Guilford Coimty
NCD W R Projec[ No. 2G I 6 I G83
Bridge 254 on SR 3121
WBS Element No. 17BPJ. R.R7
APPROVAL uf JOl WATER QUALITY CERTIFICATION aud Jordan Lake BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. J.M. Mills, P.E., Division Engineer
NCDOT. Division 7
PO Box 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance with the condi[ions listed below, for the following impacts for the purpose of
replacing Bridge 254 over UT to Sou[h Prong Stinking Quarter Creek [Index No. I6-19-8-2-(2)] on SR 3121
(Ferguson Road) with a two barrel RCBC in Guilford CounTy. This is a ievision lo origina/ Cer�iJicatlon issued on
NuvemGer 15,1016 mrd reJlecls miiior c%anges �o sneu�n impacts hased oiv additinwal infornialion rereived on
December 7, 10/6.
S[ream Impacts i� the CaQi
Temporary Fill in Permanent Fill in
Perenuial Stream � Perennial Stream
Site � Qinear ft) � (linear ft)
Totals
Site � Zone I
Impact
(sq ft)
Basin
Total SUeam Impaet
(linear ft)
itering I Culvert I RipRap I
3 56 ?I lli
3 107 I li
Total Stream Impact for Project: 110 linear feet.
Jordan Lakc Riparian Buffcr Im�ac
minus = Zont I Zone 1 6uffer Zone 2
Wztlands Buffers (nol R1itigaiion Impact
in Zone I wetlands) Requircd (sq ft)
(sq ft) (sq ft) (using 3:1 ratio)
- - 970
- - �_"�70
Total Buffer Impact for Project: 3,557 syuare feet.
Stream Impacts
Reyuiring
Mitigation
(linear ft)
miuus = Zone 2
Wetlands 6uffers
in Zone 2 (not
(sq ft) wetlands)
(s ft)
- "�'Nothing Compares'-.,
Sta[e uf M1brih Ca�olina i Gnvuonmenlal Oualip�
i E I I Mail Servl�� Centcr 'i Rz!e�gh. Nctth C'arol ina 2'/5S9.1:i! -��.
, i�, �;)� ��r,q�.
Zone 2 Buf%r
Mitigation
Reyuired (using
1._5:1 ratio)

The project shall be canstru�ted in accordance with your application dated received Nevember 3, 2016 and
subsequent information received on December 7, 2016. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3886. This certification corres�oncls to
ine Nationwide Permit 14 issued by the Corps of �;ngineers. This approval is also valid for the Jordan Lake Riparian
Buffer Rules (15A 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 Control, Non-Discharge
and Water Supply Watershed regulations. This apnroval will expire �vith the acc�mpanying 404 permit.
This approval is valid.solely far the pu,pase and design described in ya�ar application (unlzss mod;fied hzlo��).
Should your�project change, you must notify the NCDWR and submit a ne�v application. If the property is sold, the
new owner must be giv:,n a copy af�this Certification and appraval letter, and is thereby responsible far cemplying
with all the conditions. If totai wetlana fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the_furi�re) exceed 150 ]inear feet, compensatory mitigation may be require� as
described in 15A NCAC 2H .0506 (h)-(6) and (7). Additional buffer impacts may requir� compensatory mitigation
as described-ir 15A N�AC 02B. 02�5. For this approval to remain valid, you must adl�ere to the cond'.tions listed 'ui
the attached certitication(s) and any additional conditions listed below. �
C�nditiqn(s) of Certefication:
Project Spe�ific Conditions
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. (15A NCAC .02B .0267)
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 ihe growuig season following completion of construction. For the purpose of this
�- - condition; maintairied buff r areas-are defined as areas within the transportation corridor that will b� subject to �-
-�- -- - --regular NCDOT mauitenance activities including mowing. The area with non-maintained buffers shaii be __ _
: - permanently r.evegetated with native woody snecies before the next growing s�ason following completion of
constniciion. (l�,�i NCAC .G2B .�26i)
3. . Pursuant to 15A NCAC 02B .0267, sediment and erosion contrel devices shall not be placed in ZonP 1 of any
� buffer without prior approval by.the NCDWR. At this time, the NCllWR has approved no sediment and
• erosion controllevices in Zone 1, outside of �l-ie a�proved project impacts, anywhere on this p�oject. 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. . Any rriodifications 10 this 401 Water.Quality Certification that propose additional siream impacts ar increased -- �- �
.. impervious surface requiring additional stormwater manaaement may be subject the Jordan Water Supply
Nutrient Strategy'(15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to submitting
� a modifcation request to deteimine the applicability of the Jordan Water Supply Nutrient Strategy.
5: As a condition of this 401 VVater Quality Certification, the bridge demolition and construction must be �_ . - - -
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for �,_
Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
6. Culvert shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels
at flood plain elevation and�'ar si11s 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 tt�at requiAes increased rmair�tenance afid dis�upts aquatic life passage. [i5A NCAC 02�I.O�C6('o)(2)]- ---
9. r�r the te�� ?i;�ea: f�ei: cf s�re��r_s reing impactLc' c��e to site ��tiwa:er�n� activi�i�s, tl�e site shali be � n�ed to i.ts
preconstruction contours and revegetated with appropriate native species. [ 15A NCAC 02H.0506(b)(2)]
&. . iZiprap silalLnot �e placed in #h� active Thahveg rhannel or placed i�i the st�-,an�bed ui a ma-tui�r fhat pz•eciudes
aquatic life �assage. Bi�engir�eering boulders or s�c•uctures shot�!d be pro�erly designed, sized and installed.
[] SA NC�C 02H.050G(b)(2)]

�9. Stormwater shall be d',rected to vegetated buffer areas, grass-lined ditches or other means appropriate tc the site -
for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing
vegetated buffers is s7on�ly discouraged. - ��
10. NCDOT shall be in compliance with the NPDES Permit NCS000250 issued to the NCDOT, including the
applicable requirements of General Permit NCGO1000 for Construction Activities. (15A NCAC 4B.0124[a]-[e])
;;. T41i fescue shall nat be ased in �::e es±ablishr.i�nt oftemporar}� or p�rmanent greundco�er witl:in :iparia.� areas.
For the establis;�.ment of permanent herbaceous cover; erosion control mattina shall �,e used iu conjunction with
• an appropriate native seed mix.on-d:sturbed sails �vithin the ripa:ian area and or. disturbed steep slopes with the
�following except:on. Lrosion con��l matting is r.ct necessary if the area is contained by perimeter erasion
conirol devices such as silt fence, temporary sediment ditches, basins, etc. Matting snould be secured in place -
with.staples, stakes,.or wherever possible, live stakes of native trees. Erosion control matting placed in riparian
areas shall not contain z nylon mesh grid, which can impinge and entrap small animals. For the establishment
oftemporary grouc-�ucover��vithi.�_ripar:an areas, hydroseeding along �vith �voo� or cel!ulose based h}�°dro triulch
apnlied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjnnction with the -.
erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
General Conditions
_. . 1. _ Unless otherwise approved in this certification, placement of culverts and other stru�tures 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-N��WR for �guiclauce on how to proceed and to deiennine wheiher or not a permii rriodification ��� --
will be required. f] SA NCAC 02HA506(b)(2)1 .:-.
__�__ _ 2, :-:If concrete is_used du:ing eorstruction, a dry w�rk area shall be ma:ntainsd to prevant d:rect coatact between
. �-. curir_g.coneret� a.nd stream v� ater. Water that inadvertently contacts uncured concrete shall not be discharged
_ � to. surface waters due to the potential for e(evated pH and possible aquatic life and fish kills. [l5A NCAC
oas.ozoo�
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.,
or prote�ted riparian buffers. [15A NCAC 02H.0506(b)(2)]
.... ... .. 4:- ..ThP dimension, pat±ern and profi�e of the sNe�m above and below the crossing shall not be modifiec�.
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 Nornial High VJater Mark shall Ue ininimized. Any rip-rap placed for streain
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 drawinas 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 (c}(2)]
.- 7. All work in or adiacent �o srream waiers shall Ue corducted in a dry work area. A�praved C31V�' m�as��es frorr�
_- _- . the.most current version ofN.CDQT Construction and Maintenance Activities manua; such as sandbags, rock
bernis, coffeidainsznci otl-,er ciiuet•si.o3r st�-uci�res shall Ue t�saU to prevent excava+i�,r �n f?owing i+%2�er. i� SA
. NCAC 02H.0506(b)(3) and (c)(3)]
,� 8: ._ Heavy equiprnen± sh;�?l�he o��erated ?rom ihe b�nks ratl-iar t'_nan in. the s�-e�n1 cha:�.n.l ��i order to mi�i�rri�ze
sedimentaiion and redi�ce ihe iniroduction ot other �oll�tants into the stream. [15� NCAC Q2H.0505�bj(3 j�

- 9. All mechaaized equipment cperated near surface waters must be regularly inspected and maintained to prevent -�-
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.OSOo`(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. Qischargir.a ry �r�seed m:xtures and ���asrir.g out hydroseeders and ether eqaipm:rt in o: adi:.cent to surface waters
is prohibited. [15A IvTCAC 02H.�J506(b)(3)]
� 12. TI-,e perriittee and-its authorized agents shall con�uct its activities in a mar.r�er consistent with State ��ater quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
. other ap�ropriate requirements.of State and Federal law. If the NCDWR determ?nes that such standards or laws
- are not beir.g met (including the failure to sustain a designated or zchieved use) or that Stale or fedzral law is being
violat;,d, cr �hai �rther co�ditions are necessary to assure cornpliaace, tl:� NCD�yR may re���aluate 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
autbo:ized by this certification. [15A NCAC 02H.0506(b)(2)�
� 14. A capy of this Water Quality Certificaticn shall b., maintained on the constuction 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 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 is�uance-of�this certification does not exempt ihe Permittee from complying with �uiy and all staiutes, iules, -�--�
.. �_.- regulations, or. ordinances that may be.imposed by otl�er government agencies (i.e. local, staie, and federall havnig
� - -� jurisdictiun;_irrciudiug u�at not iimited to appiicable buffei• rules, siormwater rrianagemeni raies, soii erosion and
sedim�ntat�or. con�rol requirements, etc,. _ _ �
- 17. 'Tlie Permit#ee� shalj report any violations of this certifica.tion to the Division of Water Resources within 24 hours
of discovzry. [15A NCAC 02B.G506(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 retur�n the enclosed "Certification of Completion Forcn" to notify the
_.__.- _. NLDWR when all�wor.k included in the 40l Certification has been completed. �15A_ NCAC 02H.0502(fl]
- � 19. Native riparian vegetation must be reestablished in the riparian areas within tne construction limits of the project
� � by the end of the growing season following completion of construction. [15A NCAC 02B.0267(10)]
�- - 20. -There siiall be no excavation from, or waste disposal into, jurisdictional wetiands or waters associated with this
pertnit 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 ac�ivities.[15A NCAC 02H.C506(b)(3) and (c)(3)]
2i. Erosion and sediment control practices must be in full compliance with ali snecifications 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. Tl�e .,f•osi:,�� and ;edir�ier�t c.ortr�l n�easures ior t1�e nroj:ct �7ust be des���ed; ir,sta;tcd, c,p��-a�ed, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosio�z Control
Planning 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 CaroJrna
Sediment and Erosion Control Manual. The devices shall be maintained on all construction siles, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. Far borrow pit sites, the erosion and sediment cantrol measures must be designed, installed, operateA, and
maintained in accordance with the most recent version of t6e North Carnlina Surface Mining Manual.
d. 7'he reclamation r.�easures and :'mplementation must comply with the reclamation in accordance with the
requiremenu of ttie Sedimentation Pollution Control Act.
22. Sediment and erosion contral measures shall not be placed in wetlands or waters unless othenvise approved by
this Certification. [ISA NCAC 02H.0506(bx3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petitioa 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 sixry (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. T'he Office of
Administrative Hearings accepu filings Monday through F�iday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe 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 Vansmission.
The mailing address for the Office of Administrative Hearings is:
Office of Adminisirative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the oetition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Env'vonmental Quality
1601 Mail Service Center
This let[er completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please wntact Dave Wanucha at [phone] or [e-mail].
Sincerely,
`"� //�z��
v
� S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Pazker, NCDOT Division 7 Emironmental Officer
Niwle Thomson, NCDOT Division 9 EnvironmenWl Supervisor Assis[ant
Travis Wilson, NC Wildlife Resources Commission
Dave War:ucha, NCDWR
File Copy

£nvi� onmen ial
Quality
NCDWR Project No.:
Applicant:
Project [Vame:
Date of Issuance of 401 Water Qnality Certification:
Coun[y:
PAT MCCRORY
�. . �,��
�,�� �
DONALD R. VAN DF,R VAART
J2�i2t;+.i<
JAY 7.1MMERMAN
u��-��. u��eur �
Certificate of Completion
Upon completion of all work approved within the 401 W'ater Quality Certification or applicable Buffer Rules, and
any subsequent modifica[ions, the applican[ is required to reh;rn this certificate to the 401 Transportation Perniitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, 27699-1617. This form
may be re[wned [o NCDWR by the applicant, the aoplicant's authorized agen[. or the projecl engineer. it is not
necessary to send certificates from all of these.
Applicattt's Cerfificution
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
specifica[ions, and other supporting materials.
Signsture� _ Date: _--- . ---
Aged('s Cerlificrifiott
I, . hereby state tha[. to the best of my abilities, due care znd diligence
was used fn the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Wxrer Qualiry Certification and Buffer Rules, the npproved plans and
specifications, and other supporting materials.
Si�nature: Date:
Engineer's Cerlifrcation
Partial Final
I, , as a duly regis[ered Professional En�ineer in [he Stzte of North
Carolina, having beea authorized to observe (periodically, weekly, full time) the construction of the project for the
Pertnittee hereby state that, to the best ot my abilities, due care and diligence was used in the observation of the
constructior� such that [he construction was observed to be built within snbstantinl compliance and inten[ of the 401
N'ater Quality Certitication and Buffer Rules, the approved plans and specifications, and other supportine materials.
Si�natura
Daie
Re�istration tv'o.
-^�'Nothing Compares -. ,
State of�brth Carclina i Grrvironmcriai Oaal�ri
!bl7MailServiceCe�ter''ilxaleien NnrthCarolma2"'6�'-16i!
9!4 'i�7-9!)CO