20091120 Ver 1_Approval Letter_20100204

ALA
NCDENR
North Carolina Department of Environment and Natural Resources
Eeverly Eaves Perdue
Governor
Division of Water Quality
Colleen H, Sullins
Director
Dee Freeman
Secretary
February 4, 2010
Forsyth County
NCDWQ ProjectNo. 20091120
Motor Road Extension
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Todd Love, P.E.,
City of Winston Salem, Engineering Department
100 E. First Street
Winston Salem, NC 27102-2511
Dear Mr. Love:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of the Extension of Motor Road from Old Rural Hall Road (SR 2207) to Old Walkertown Road
(SR 2456) in Forsyth County:
Stream lmnacts in the Yadkin River Basin
Site Permanent Temporary Permanent Temporary Permane Temporar Total Stream
Fill in Fill in Fill in Fill in nt Fill in y Fill in Stream Impacts
USACE USACE Intermitten Intermittent Perennial Perennial Impact Requiring
jurisdictional jurisdictional tStream tStream Stream Stream (linear Mitigatio
Ephemeral Ephemeral (linear ft) (linear ft) (linear ft) (linear ft) ft) n (linear
stream* stream* ft)
linear ft linear ft
1 2t8 22 240 218
2 163 30 134 8 335 0
575 218
Total
Total Stream Impact for Project: 575 linear feet.
*USACE determined this stream to be jurisdictional. DWQ considered this portion of the channel
ephemeral per DWQ rating.
The project shall be constructed in accordance with your application dated received October 20, 2009,
with additional information dated received December 28, 2009 and January 25, 2010. 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. 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
Transportation Permitting Unit
1650 Mail Service Center, Raleigh. North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: 919-733a893
Internet: hrtpJlh2o.enr.state.nc.uslnexetlandst
NoithCarolina
?'Vaturally
An Equal Opportunity 1 Alrmative Action Employer
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). For this
approval to remain valid, you must adhere to the conditions listed in the attached certification along with
any additional conditions listed below.
Condition(s) of Certification:
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 218 (feet) Yadkin 03040101
2. Sections of streams being impacted due to site dewatering activities shall be graded to their
preconstruction contours and revegetated with appropriate native species.
3. 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.
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. 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. 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 City Engineer and the on-site project manager.
11. 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.
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

NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 Quality, t650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ 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:
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,£or 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