20110580 Ver 1_Approval Letter_20110621

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NCDENR
North Carolina Department of Environment antl Natural Resources
Division of Water Quality
aevedy Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 21, 2011
Guilford County
NCDWQ Project No. 20110580
US 421 culvert repair
State Project No. 7B.104111
APPROVAL of 401 WATER QUALITY CERTIFICATION AND JORDAN BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Mike Mills, P.E.
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415-4996
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of repairing a broken wingwall and improving a severely perched culvert on US 421 in Guilford
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 10 10
10 10
Total
Total Stream Impact for Project: 10 linear feet.
The project shall be constructed in accordance with your application dated received June 17, 2011 with
additional information dated received July 20, 201 I. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3820. This certification
corresponds to the Nationwide Permit 14 issued by the Corps of 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.
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
NoM Carolina Division of Water Quality, Winston-Salem Regicnal OFfce
location: 585 Waughtcwn St. Winston-Salem, North Carolina 27107 ` ~ Qne ~~.~~° '7!~':~ ~, h -i
Phone: [phone] FAX: 336-771A6301 Customer Service: 1-877-fi23-6748 NOft%IC11'O).lll cal
Internet www.ncwaterquality.orq ~.,a~~F~/y,~/// "~
An Equal OppodunirylAffirmafive Action Employer (/~y h„". (,`GJ,`

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.
Condition(s) of Certification:
Project Specific Conditions
1. This permit does not authorize any impacts, including clearing beyond the existing transportation
corridor. 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.
2. Riprap shall not be placed in the active thalweg channel beyond the limits approved in this
certification. Any rip rap placed in the streambed shall be keyed into the stream bed and not
impede aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed.
3. 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.
4. 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.
5. 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.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as
well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian
buffer impact for access to stream channel shall be temporary and be revegetated with native
riparian species.
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 6:OOpm, 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 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].
Sincerely,
~~anliy~ /
L„, Coleen H. Sullins
i Director
Cc: Jerry Parker, Division 7 Environmental Officer
Andy Williams, US Army Corps of Engineers, Raleigh Field Office
Wetlahds/401 Transportation Permitting Unit-
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