20110910 Ver 1_Approval Letter_20111014

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 14, 2011
Orange County
NCDWQ Project No. 20110910
Azalea Drive
WBS project no. 70.206811
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Mills, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 26415-4996
Dear Mr. Mills:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing a two pipes on Azalea Drive in Orange County:
¢t.o.,.., r...nopta in the rapp Fpnr River Rosin
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 10 10 20 0
10 10 20 0
Total
Total Stream Impact for Project: 20 linear feet.
The project shall be constructed in accordance with your application dated received October 10, 2011. 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 14 issued by the Corps of Engineers. 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 NCD WQ 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). 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:
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: www,ncwaterquality.org
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An Equal Opportunity 1 Affirmative Action Employer
Project Specific Conditions
1. The low flow pipe is to be laid at grade (i.e. not buried 1'). The overflow pipe is to be off set in order to restrict
flow during periods of low flow.
2. If the existing floodplain benches are disturbed, then a floodplain bench shall be installed at the inlet of the
overflow pipe. The bench shall be comprised of large rock. The floodplain bench shall also be tapered to tie into
the upstream streambank. Further, if the stream channel at the outlet of the overflow pipe overwidens, then the
Division of Water Quality shall be consulted for appropriate restoration measures.
General Conditions
3. For the 10 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.
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. 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.
6. 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.
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
8. 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.
9. 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.
10. 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.
11. 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.
12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
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.
15. 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 8:00am and S: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-j478
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: 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
Wetlands/ 410 Transportation Permitting Unit
File Copy