20110537 Ver 1_Approval Letter_20110623

Ft ~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
June 23, 2011
Guilford County
NC D W Q P roj ect No. 20110537
SR 3000
WBS project no. 7C.041003
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. Mike Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 26415-4996
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of widening and paving SR 3000 (McConnell Road) in Guilford County:
Stream Impacts in the Cape 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
2 34 20 54 0
3 4 20 24 0
38 40 78 0
Total
Total Stream Impact for Project: 78 linear feet.
Jordan Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation -
~. Impact Wetlands Buffers Mitigation
R
i
d
i
(sq tt) in Zone 1 wetlands) Required k (sq ft) in Zone 2 (not equ
re
(us
ng
(sq ft) (sq f[) (using 3:1 ratio) ~~~ (sq ft) wetlands) 1.5:1 ratio)
~, s ft
1 0 0 0 0 itv 109 0 109 163.5
0 0 0 0 "y~ 109 0 109 163.5

Totals ~.,,.
Total Buffer Impact for Project: 163.5 square feet.
The project shall be constructed in accordance with your application dated received June I, 2011 with
additional information dated received June 23, 2011. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3820. This certification
North Carolina Division of Water Quality, WinstonSalem Regional Office
Lowtlon: 585 Waughtown SL Winston-Salem, North Carolina 27107
Phone: [phone] PAX: 336.771-06301 Customer Service: 1A77-623-6748
Internet: www.ncwaterquality.org
h ;
NorthCarolina
~irtirr~rll~.
An Equal Opportunity 1 Affirmative Action Employer

corresponds to the Nationwide l4 issued by the Corps of Engineers. This approval is also valid for the (~
Jordan Riparian Buffer Rules (ISA NCAC 2B .0267. In addition, you should acquire any other federal, state
or local permits before you proceed with your project including (but no[ 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 [he 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 oftotal impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 16A 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.
Condition(s) of Certification:
Project Specific Conditions
Compensatory mitigation for impacts to 109 square feet of protected ripazian buffers in Zone 2 shall be required.
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through
use of the North Carolina Ecosystem Enhancement Program (EEP). Mitigation for unavoidable impacts to Jordan
Riparian Buffers shall be provided in the 7ordan Lake Basin and done in accordance with 15A NCAC 2B .0267.
EEP has indicated in a letter dated June 23, 201 I that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the
North Carolina Department of Environment and Natura] Resources' Ecosystem Enhancement Program In-Lieu
Fee Instrument signed July 28, 2010.
!. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant
is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If
this condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
4. 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 azeas are defined as azeas within the transportation corridor that will be subject to regulaz
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.
5. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Buffer without prior approval by NCDWQ. At this time, NCD WQ has approved no sediment and erosion
control devices in Zone I, 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 1 is not compromised and
that discharge is released as diffuse flow.
General Conditions
6. For the 40 linear feet of streams being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species.

•;,
7. 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.
8. 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.
9. 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.
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
] 1. 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.
12. 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.
13. 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.
14. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances [hat may be imposed by other government agencies (i.e. local, state, and
federal) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
15. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
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:OOam and S:OOpm, except for official state holidays. The original and one (I) copy of the petition must be
filed with the Office of Administrative Hearings.
The petition may be faxed-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].
Sincere) ,
_ ` ~-
~r~ ~j\~
Coleen H. Sullins
Director
Cc: Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office, e-copy
Travis Wilson, NC Wildlife Resources Commission, e-copy
Beth Harmon, Ecosystem Enhancement Program
Wetlands/ 410 Transportation Permitting Unit
File Copy