20091106 Ver 1_Approval Letter_20091204

AXv
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Cee Freeman
Secretary
December 4, 2009
Guilford County
NCDWQ Project No. 20091106
Deep River Road Relocation
APPROVAL of 401 WATER QUALITY CERTIFICATION
RANDLEMAi\ BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS
Mr. Mark'McDonald, P.E.,
City of High Point
211 South Hamilton Street
High Point, NC 27260
Dear 'Mr. McDonald:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of relocating Deep River Road in Guilford County:
Stream Impacts in the Cape Fear River Basin
Site Stream name Permanent Fill in Temporary Fill Total Stream Stream
Perennial Stream in Perennial Impact Impacts
(linear ft) Stream (linear ft) (linear ft) Requiring
Mitigation
linear ft)
1 UT2 to West Fork 30 0 0 0
ofDeep River
30 0 0 0
Total
I J
Total Stream Impact for Project: 30 linear feet.
Randleman Riparian Buffer Im acts
Site Zone 1 minus = Zone 1 Zone 1 Buffer t Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers Mitigation 4h Impact Wetland Buffers Mitigation
(sq ft) in Zone 1 (not
y`
Required
(sq ft)
sin Zone
(not
Required

(sq ft)
wetlands) =5
(using 3:1 ?x;
2 (sq ft)
wetlands)
(using 1.5:1

s ft f:
ratio
s ft
ratio
1 2039 2039 (p) 0 760 (p) 760 (p) 0
(
1 0 0 0 y 170 (t) 170 (t) 0
2039 2039 ' 930 930 0
Totals

* p=permanent impact, t--temporarv impact
Total Buffer Impact for Project: 2969 square feet.
Transportation Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650 .
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hrp:I1h2o.enr.state.no.uslncoetlandsl
NorthCarolina
Aaturally
An Equal Opportunity 1 Alfumative Action Employer

The project shall be constructed in accordance with your application dated received October 16, 2009,
with additional information dated received November 25, 2009 and December 2, 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. This approval is also valid for
the Randleman Riparian Buffer Rules (15A NCAC 2B .0250). 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).
Additional buffer impacts may require compensatory mitigation as described in I5A NCAC 2B .0250.
For this approval to remain valid, you must adhere to the conditions listed in the attached certification and
any additional conditions listed below:
Condition(s) of Certification:
1. New runoff at approximately sta. 22+00 will not achieve sheetflow prior to discharge into UT2 to West
Fork of Deep River. Rather a larger portion of existing roadway surface will be treated, where the new
untreated drainage equals 3165 sq ft and the existing drainage to be treated equals 4830 square feet. All
other new stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive
velocities.
2. 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.
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.
4. 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.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
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. A copy of this Water Quality Certification shall be maintained on the construction 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.
12. 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. local,
state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater
management rules, soil erosion and sedimentation control requirements, etc.
13. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
14. 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 located in wetlands or streams, compensatory mitigation will be required since
that is a direct impact from road construction activities.
15. 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 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 NCDOT 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.
16. Pursuant to NCACI5A 2B .0250, sediment and erosion control devices shall not be placed in Zone 1 of
anv Randleman Buffer without prior approval by NCD WQ. At this time, NCD WQ 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 in Zone 2 of the buffers
provided that Zone I is not compromised and that discharge is released as diffuse flow.
17. Riprap shall not be placed in the active thahveg 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.
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
he North Carolina General Statutes to the Office of
petition that conforms to Chapter 150B of the'
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].
Since ely,
Coleen Fl. Sullins
Director
Cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Richard Andrews, Stantec Consulting Services. 801 Jones Franklin Road Suite 300, Raleigh, NC 27606
NCDWQ Wetlands/401 Unit
File Copy