20091122 Ver 1_Approval Letter_20091102

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 2, 2009
Guilford County
NCDWQ Project No. 2009-1122
SR 1909
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415-4996
Dear ivIn Mills
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of Replacing undersized culverts at three sites on Mountain Trail Rd (SR 1909), Alamance
County:
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
ft) Mitigation
(linear ft
1 19 20 39 0
2 18 20 38 0
3 19 20 39 0
56 60 116 0
Total
Total Stream Impact for Project: 116 linear feet.
The project shall be constructed in accordance with your application dated received October 16, 2009.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 3704. 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 NCDWQ 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 of 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).
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:Ilh2aemrstate.nc.uslncwetlandsl
One
NolthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Additional buffer impacts may require compensatory mitigation as described in 15 NCAC 2B .0269. For
this approval to remain valid, you must adhere to the conditions listed in the attached certification.
Additional Conditions of Certification:
1. 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.
2. 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.
3. 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.
4. 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.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
6. 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.
7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.-
10. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. 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 [phone].
Sincerely,

Coleco H. Sullins
Director
Cc: Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Traver Wilson, NC Wildlife Resources Commission
AW_eiil_"aa`n''ds/ `401?TransportationFP, erm_ ittingaUnit)
File Copy"
Mr. Tim Johnson. P.E.
November 4, 2009
Page 3
7) 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.
8) 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.
9) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
11) 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 DWQ 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, DWQ may reevaluate and modify this certification.
12) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
13) A copy of this Water Quality Certification shall be posted on the construction site at all times. ht addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-
site project manager.
14) 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.
15) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification
of Completion Forst" ,to notify DWQ when all work included in the 401 Certification has been completed.
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.
17) There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit
\yithout appropriate modification. Should 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.

Mr. Tim Johnson, P.E.
November 4, 2009
Page 4
18) 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:
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 A9anuol.
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 Conbol Manual. 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.
19) Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be
removed and the natural grade restored upon completion of the project.
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 that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699. 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 Ken Averitte at [phone].
Sincerely,
rr(7cun"?u..v .fSL 9to.?g.?
Coleen 14. Sullins
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Art King, Division 8 Environmental Officer
Ms. Kim Garvey, US Army Corps of Engineers, Wilmington Field Office
Sonia Gregory, 401/Wetlands DOT Unit
FRO, DWQ
File Copy
Randolph.DeerfieldCountryRd. SR2100.091147 401.doc