20120652 Ver 1_Approval Letter_20120727

APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr Greg Thorpe PhD
NCDOT PDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 3 over an unnamed tributary to Troublesome Creek in Rockingham County
Wetland Impacts in the Cape Fear River Basin (riverme)
Site
Fill
C®�
Excavation
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Area under
Beverly Eaves Perdue Charles Wakdd P E
Dee Freeman
Governor Director
Secretary
(ac)
July 20 2012
(ac)
Rockingham County
Impact (ac)
DWQ Project No 20120652
Required (using
(Bridge no 3) SR 2409
TIP No B 4806
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr Greg Thorpe PhD
NCDOT PDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 3 over an unnamed tributary to Troublesome Creek in Rockingham County
Wetland Impacts in the Cape Fear River Basin (riverme)
Site
Fill
Fill
Excavation
Mechanized
Hand Clearing
Area under
Total Wetland
Mitigation Required
(ac)
(temporary)
(ac)
Clearing (ac)
(ac)
Bridge
Impact (ac)
Required (using
ac
ac
15 1 ratio
1
<0 01
n/a+
259
n/a+
1 (road crossing)
<0 01
Total Wetland Impact for Project <0 Olacres
Jordan Lake Riparian Buffer Impacts
Site
Zone 1 Impact
Zone 1 Buffer
Zone 2 Impact (sq ft)
Zone 2 Buffer
(sq ft)
Mitigation Required
Mitigation
(using 3 1 ratio)
Required (using
15 1 ratio
1 (bridge)
2918
n/a+
259
n/a+
1 (road crossing)
456
n/a+
1784
n/a+
Totals
3374
n/a+
2043
n/a+
* n/a = impacts are allowable no mitigation is required
Total Buffer Impact for Protect 5417square feet
The project shall be constructed in accordance with your application dated received July 5 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Number 3891 This certification corresponds to the Nationwide Perrmt 23 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 perrmts 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 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
Protect Specific Conditions
1 Post construction stormwater shall be designed as approved with this permit If any changes are made to the
post construction stormwater design the Division of Water Quality shall be contacted for approval of the
changes
2 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless
otherwise approved by this certification
3 All riparian buffers unpacted 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 areas are defined as areas within the transportation corridor
that will be subject to regular NCDOT maintenance activities including mowmg The area with non
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction
4 Pursuant to 15A NCAC 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 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 1 is not compromised and that discharge is released as diffuse flow
General Conditions
5 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
6 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
7 The use of np rap above the Normal High Water Mark shall be nummized Any np rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
8 The Penruttee shall ensure that the final design drawings adhere to the permit and to the pernut drawings
submitted for approval
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 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
11 Discharging hydroseed nuxtures and waslung out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
12 The permttee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law If NCDWQ detemmmes that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that
State or federal law is being violated or that further conditions are necessary to assure compliance
NCDWQ may reevaluate and modify this certification
13 All fill slopes located in Jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
14 A copy of tlus Water Quality Certification shall be maintained on the construction site at all tunes 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
15 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
16 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 a local state and
federal) having Jurisdiction including but not limited to applicable buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc

17 The Permttee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
18 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT
Division Engineer (or whomever is the authorized agent if a non NCDOT project) shall complete and
return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the
401 Certification has been completed
19 Native riparian vegetation (ex list herbaceous trees and shrubs native to your geographic region) must be
reestablished in the riparian areas within the construction limits of the project by the end of the growing
season following completion of construction
20 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 rmtigation will be required since that is a
direct impact from road construction activities
21 Bridge deck drams shall not discharge directly into the stream Stormwater shall be directed across the
bridge and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated
buffers etc ) before entering the stream Please refer to the most current version of Stormwater Best
Management Practices
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 Adnumstrative hearings You must file the petition
with the office of Admimstrative Hearings within sixty (60) days of receipt of tlus 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 faxed provided the original and one copy of the document is received by the Office of
Adrnimstrative Hearings within five (5) business days following the faxed transrrussion
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsumle [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 (336) 7714959 or amy euliss @ncdenr gov
Sincerely
Charles Wakild
Attachments [General Certification (permittee only) and Certificate of Completion form]
cc Jerry Parker Division 7 Environmental Officer (e copy)
Andy Williams US Army Corps of Engineers Raleigh Field Office (e copy)
Wetlands/ 401 Transportation Permitting Unit--..,
File Copy