20110125 Ver 1_Approval Letter_20110315

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 15, 2011
Alamance County
NCDWQ Project No. 20110125
Howerton Borrow Pit
Dee Freeman
Secretary
APPROVAL of 401 WATER QUALITY CERTIFICATION, JORDAN BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Larry Cagle
Thompson Arthur Paving Company
300 Benbow Road
Greensboro, NC 27407
Dear Mr. Cagle;
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
constructing a temporary haul road to access the Howertown Road Borrow Pit in Alamance County:
Stream lmnarts in the Cane Fear River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
1 106 106 0
106 106 0
Total
Total Stream Impact for Project: 106 linear feet.
inrdan Rinarinn Rnfrer imnarts
Site Temporary Zone 1 Zone 1 Buffer} Temporary Zone 2 Impact Temporary Zone 2 Buffer
Impact (sq ft) Mitigation Required vp-; (sq ft) Mitigation Required (using
(using 3:1 ratio) 1.5:1 ratio
l 4800 0 3200 0
4800 0 3200 0
4r{
Totals
Total Buffer Impact for Project: 8000 square teet.
The project shall be constructed in accordance with your application dated received February 3, 2011 with additional
information dated received February 3, 2011, March 1, 2011, and March 7, 2011. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3688. This
certification corresponds to the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid
for the Jordan Riparian Buffer Rules (15A NCAC 2B .0267). 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.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: w".nmaterquallty.org
NorthiCarolina
AW11 llif
An Equal Opportunity 1 Affirmative Action Employer
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 15A NCAC .0268. For this approval to remain valid, you must adhere to the conditions listed in the
attached certification(s) and any additional conditions listed below.
Additional Condition(s) of Certification:
1. The USACE has deemed this a single and complete project with TIP no. 310013 (DWQ project no. 2010-
0168). Impacts associated with this project shall be added to the impact totals associated with DWQ project
no 2010-0168. DWQ project no. 2010-0168 permitted 39 linear feet of permanent fill and 39 linear feet of
temporary fill into a perennial stream, and 0.008 sq feet of wetland fill, 0.001 acres of excavation in
jurisdictional wetlands, and 0.047 acres of mechanized clearing in jurisdictional wetlands.
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. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone I of any
Jordan Buffer without prior approval by NCD WQ. At this time, 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 in Zone 2 of the buffers provided that Zone
I is not compromised and that discharge is released as diffuse flow.
4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated immediately with comparable vegetation, except that tree planting
may occur during the dormant season.
5. For the 1068 linear feet of streams being impacted due to site dewatering activities and temporary fill, the site
shall be graded to its preconstruction contours and revegetated with appropriate native species.'
6. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
7. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
8. 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 manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
9. 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.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
11. 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.
12. 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.
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
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 filings' Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be fared-provided 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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,
Coleen H. Sullins
Director
Cc: Guilford County, David Grantham-Director, 301 West Market Street, Greensboro, NC 27402
Michaef Brame, ECS Carolinas, LLP, 4811 Koger Boulevard, Greensboro, NC 27407
Donnie Huffines, Resident Engineer, NCDOT Division 7
Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Watlamd9/4011Trasportation.P.ermitting-Unit y
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