20120659 Ver 1_Approval Letter_20120719

AMA
HC®EHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E Dee Freeman
Governor Director Secretary
July 19 2012
Forsyth County
DWQ Project No20120659
(Bridge 15) SR 1604
TIP B 4744
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Greg Thorpe PhD
NCDOTPDEA
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 15 over Little Yadkin River in Forsyth County
Stream Impacts in the Yadkin 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
135
135
0
2
215
215
215
3
187
187
187
Total
402
135
537
402
Total Stream Impact for Protect 537 linear feet
The project shall be constructed in accordance with your application dated received July 5 2012 and additional
information received electronically on July 18 2012 After reviewing your application we have decided that these
impacts are covered by General Water Quality Certification Number 3885 and 3891 This certification corresponds
to the Nationwide Pernut 13 and Nationwide Permit 23 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 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 rrutigation 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

Add Project Specific Conditions
1 Compensatory mitigation for 402 linear feet of impact to streams is required We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project
EEP has indicated in a letter dated June 7 2012 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above referenced protect in
accordance with the EEP Mitigation Banking Instrument signed July 28 2010
2 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
3 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
4 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
5 The use of rip rap above the Normal High Water Mark shall be nunirmzed 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
6 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
subrmtted for approval
7 Heavy equipment shall be operated from the banks rather than in the stream channel in order to nummize
sedimentation and reduce the introduction of other pollutants into the stream
8 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
9 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
10 The pernuttee 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 determines 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
11 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
12 A copy of this 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
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 that may be imposed by other government agencies (i a local state and
federal) having jurisdiction including but not linuted 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 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
17 Native riparian vegetation (ex list herbaceous trees and shrubs native to your geographic region) must be
reestablished in the riparian areas within the construction lrrmts of the project by the end of the growing
season following completion of construction
18 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 mitigation will be required since that is a
direct impact from road construction activities
19 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 Administrative hearings You must file the petition
with the office of Administrative 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
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Admnmtrative Hearings is
Office of Adminstrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsumle (919),,431 3100
0
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 0
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 and Certificate (perimttee only) of Completion form]
cc Kent Boyer Division 9 Environmental Officer
John Thomas US Army Corps of Engineers Raleigh Field Office
Marla Chambers NC Wildlife Resources Commission
Beth Harmon Ecosystem Enhancement Program
W, etl=6 /401-Transportation Perrmttmg Umt
File Copy