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MI�HAEL S. REGAN
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UNDA CULPEPP�R
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January 29, 2019
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water Act and Randleman Buffer Rules with ADDITIONAL CONDITIONS for
proposed widening from SR 1003 (North Main Street) and SR 1820 (Skeet Club Road) to NC
68 in High Point, Guilford County, Division 7, Federal Aid Project No. STP-1820(2), WBS No.
34962.3.FD1, TIP No. U-3615B. NCDWR Project No. 20130477 v.5
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQ003966 issued to the North Carolina Department of
Transportation (NCDOT) originally dated June 28, 2013 and subsequently modified and dated August
29, 2013 and December 8, 2014.
If additional assistance is requested, please contact April Norton at april.nt�rtoi�i`r?si�cienr.�,��� .
Sincerely,
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Li�i Culpepper, irector
Division of Water Resources
Electronic copy only distribution:
Carla Dagnino, NCDOT, Environmental Analysis Unit
April Norton, Division of Water Resource, Cenri-al Office
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Supervisor
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resource Commission
Beth Harmon, Ecosystem Enhancement Program
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Resources
(NCDWR) Regulations in 15 NCAC 2H .0500. This certification authorizes the North Carolina Department
of Transportation to impact 167 linear feet of jurisdictional streams and 10,726 square feet Randleman
buffer impacts in Guilford County. The project shall be constructed pursuant to the application originally
dated June 28, 2013 and subsequently modified and dated August 29, 2013 and December 8, 2014. The
authorized impacts are as described below:
Site
1
Tota I
Site
Surface Water Im acts in the Cape Fear River Basin
Permanent Fill in Temporary Impacts in Total Surface Water
Surface Water Surface Water (linear ft) Impacts
(linear ft) � (linear ft)
137
137
30
30
137
137
~ Total Surface Water Impacts for Site 1 Modification: 167 linear feet.
Randleman Cti��arian Buffer Im acts
Zone 1 Buffer
Zone 1 minus = Zone 1 Mitigation Zone 2 minus = Zone 2
Impacts Wetlands Buffer Required Impact Wetlands Buffer
in Zone 1 Impacts in Zone 2 Impacts
(sqft) �sqft) (sqft) �using 3:1 (sqft) �sqft) (sq ft)
ratio)
1 6,933 -- 6,933
Total 6,933 -- 6,933
Surface Water
Impacts Requiring
Mitigation
(linear ft)
3,793 -- 3,793
3,793 -- 3,793
Total Buffer Impact for Site 1 Modification: 10,726 square feet.
Zone 2 Buffer
Mitigation
Required
(sq ft)
(using 1.5:1
ratio) '
The application provides adequate assurance that the discharge of fill material into the waters of the Cape
Fear River Basin in conjunction with the proposed development will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and conditions hereinafter set forth.
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 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 300 linear feet, compensatory
mitigation may be reyuired as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000
remain valid, you must adhere to the conditions listed in the certification and any additional conditions
listed below.
Additionally, you should obtain all other federal, state or local permits before proceeding with your project
including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water
Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the
corresponding Corps of Engineers Permit.
Conditions of Certification:
As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the
future, the bridge demolition 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)]
2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed. [] SA NCAC 02H.0506(b)(2)]
The stream channel shall be excavated no deeper than the natural bed material of 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)]
4. 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 be discharged to surface waters due to the potential for elevated pH and possible aquatic
life and fish kills. [15A NCAC 02B.0200]
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)]
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)]
The use of riprap above the Normal High-Water Mark shall be minimized. Any riprap 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)]
8. 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 (c)(2)]
9. 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
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
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)]
10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
11. 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. [15A NCAC 02H.0506(b)(3)]
12. 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)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
l4. 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) of the
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]
15. 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)]
16. A copy of this Water Quality Certification shall be maintained on the construction site always. 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)]
17. The outside buffer, wetland or water boundary located within the construction corridor approved by
this authorization, including all non-commercial borrow and waste sites associated with the project,
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]
18. The issuance of this certification does not exempt the Permittee from complying with 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.
19. 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)]
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the
NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) 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(fl]
2l. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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. [] SA NCAC 02B.0506(b)(2)]
22. 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 in wetlands or streams, compensatory mitigation will be required since that
is a direct impact from road construction activities. [l5A NCAC 02H.0506(b)(3) and (c)(3)]
23. 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 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 Erosion Control Planning and Design Manz�al.
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 Mant�al. 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.
24. 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)]
25. All sediment and erosion control devices shall be removed, and the natural grade restored within two
(2) months of the date that the Division of Energy, Mining and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [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 office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts flings Monday through Friday
between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (l) copy
of the petition must be filed with the Office of Administrative Hearings.
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh. North Carolina 27699-1617
919.707.9000
The petition may be faxed, providing 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:
Offce of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
The 29`" day of January 2019
DNISI�N, �F WATER RESOURCES
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inda � i,l�i �er
WQC No. WQ003966
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
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MICHAEL S. REGAN
Setrelary
LiNDA CULP�PP�R
hrrerfm nirector
NCDWR 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 Transportation Permitting Unit, North Carolina Division
of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-16 ] 7. This form may be returned to NCDWR by the applicant,
the applicant's authorized agent, or the project engineer. [t is not necessary to send certificates from all of these.
App[icant's Certification
1> , 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 40] 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 �vas 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 Cerlification
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
Date
Registration No.
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000