20080963 Ver 1_Approval Letter_20080708

OF W ArF9oG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality

July 8, 2008
Rockingham County
DWQ Project No. 08-0963
B-4592

APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL
CONDITIONS
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548

Dear Mr. Thorpe:

You have our approval, in accordance with the attached conditions and those listed below, to incur the
following impacts in order to replace Bridge No. 64 over the Eno River in Orange County:
• 13 linear feet of permanent fill impacts to the Eno River due to placement of two 3.5 foot diameter shafts in

the water;
• 145 feet of temporary surface water impacts to the Eno River associated with two temporary causeways; and
• Buffer impacts to the Eno River and Strouds Creek as outlined in Table 1.

Table 1: Neuse River Buffer Impacts
Zone 1 Zone 2 Mitigation Mitigation
Site (sq. ft.) (sq. ft.) Required Required
Zone 1 (s q. ft.) Zone 2 (s q. ft.)
Bridge (Eno River) 7264 2445 0 0
Road Crossing
(Eno River) 2445 573 0 0
Road Impacts other than
Crossings or Streams
(Strouds Creek) 4152 2628 12456 3942
Totals: 13861 5646 12456 3942

The project shall be constructed in accordance with your application dated June 3, 2008. After reviewing your
application, we have decided that the permanent fill associated with the bridge shafts in the Eno River and
buffer impacts associated to Strouds Creek are covered by General Water Quality Certification No. 3701,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 23, and that the temporary
impacts associated with the construction of temporary causeways is covered by General Water Quality
One
N Carolina
Naturally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Greg Thorpe, P.E.
July 7, 2008
DWQ# 08-0936
Page 2

Certification Nos. 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 33.
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 is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the Division of Water Quality (Division) and submit a new
application. If the property is sold, the new owner must be given a copy of this approval letter and
cert ifications, 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 if 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). For
this approval to remain valid, you must adhere to the conditions listed in the attached certification and any
additional conditions listed below.

1. Compensatory mitigation for impacts to 12,456 square feet of protected riparian buffers in Zone 1
and 3,942 square feet of protected riparian buffers in Zone 2 shall be required. We understand that
you have chosen to debit 16,398 square feet from the Jeffrey's Warehouse Mitigation site in Wayne
County, which was constructed in 2006. Mitigation for unavoidable impacts to the Neuse Riparian
Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B
.0233.

2. The outside buffer, wetland or water boundary located within the construction corridor approved by
this certification 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.

3. The pipe that starts at -L- station 21+70, and runs through the buffer shall be allowed, given steep
topographic constraints prevent treatment through a grassed swell through the buffer. All other
stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities,
unless otherwise approved by this certification.

4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be
restored to the preconstruction contours and revegated. 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 DOT 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.

5. Pursuant to NCAC15A 2B .0233(6), sediment and erosion control devices shall not be placed in
Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the 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

Mr. Greg Thorpe, P.E.
July 7, 2008
DWQ# 08-0936
Page 3

in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as
diffuse flow.

6. No changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal
or vertical placement of the culverts, the horizontal or vertical placement of bridges, the horizontal
or vertical placement of grassed swales, or the horizontal or vertical placement of open ditches is
permitted without written approval from the NC Division of Water Quality. In addition, no changes
to the flow spreader locations or designs, preformed scour hole locations or designs are permitted
without written approval from the NC Division of Water Quality.

7. 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.

8. 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.

9. 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.

10. The Permittee shall ensure that the final design drawings adhere to the certification and to the
drawings submitted for approval.

11. 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.

12. 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.

13. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.

14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.

15. The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.

16. Native riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion of construction.

Mr. Greg Thorpe, P.E.
July 7, 2008 ,
DWQ# 08-0936
Page 4

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.

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 at [e-mail].

Sincerely,

Coleen Sullins

Attachment

cc: Andy Williams, USACE Raleigh Field Office
Mike Mills, Division 7, Division Engineer
Jerry Parker, Division 7, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office

Mr. Greg Thorpe, P.E.
` July 7, 2008
DWQ# 08-0936
Page 5

DWQ 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/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be returned to DWQ 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
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:

Engineer's Certification
Partial Final
1, , 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 plans and
specifications, and other supporting materials.

Signature Registration No.

Date