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Home My WebLink About20110971 Ver 1_Approval Letter_20111129 A�� RetIETdR North Carolina Department of Environment and Natural Resources Division of Water Quality { Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary October 23 2012 Guilford County NCDWQ Project No 20110971 v 2 reissued Bridge No 77(Surrett Dr) TIP B 4760 APPROVAL of 401 WATER QUALITY CERTIFICATION AND RANDLEMAN BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Dr Greg Thorpe P E Manger NCDOT PDEA 1598 Mail Service Center Raleigh NC 27699 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 77 over US 29/US 70/I 85 Business on Surrett Drive 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) 1 108 24 132 0 2 14 14 0 122 24 146 0 Total i ' Total Stream Impact for Project 146 linear feet Randleman Riparian Buffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers Mitigation Impact Wetland Buffers Mitigation (sq ft) in Zone 1 (not Required (sq ft) s in Zone (not Required (sq ft) wetlands) (using 3 1 N1{k 2 (sq ft) wetlands) (using 1 5 1 (sq ft) ratio) 4 (sq ft) ratio) 1 8236 0 8236 0 5400 0 5400 0 *n/a 8236 0 8236 0 5400 0 5400 0 *n/a Totals *n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required Total Buffer Impact for Project 13,636 square feet North Carolina Division of Water Quality Winston-Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 One Phone 336-771 50001 FAX 336 771-06301 Customer Service 1-877-623-6748 NorthCarolina Internet www ncwaterquality org Naturally An Equal Opportunity 1 Affirmative Action Employer II The project shall be constructed in accordance with your original application dated received October 31 2011 with additional information dated received December 19 2011 and your resubmitted application dated received October 15 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Number 3883 3885 and 3891 This certification corresponds to the Nationwide Permit nos 3 13 and 23 issued by the Corps of Engineers Please note that these certifications have been updated since your original permit was issued This approval is also valid for the Randleman Riparian Buffer Rules(15A NCAC 2B 0250) 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 1 approval will expiie 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 0252 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 Pursuant to 15A NCAC 0250 sediment and erosion control devices shall not be placed in Zone 1 of any Randleman Buffet 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 2 For the 14 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 3 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 4 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 5 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 6 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 7 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 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 State or federal law is being violated or that further conditions are necessary to assure compliance NCDWQ may reevaluate and modify this certification 11 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 12 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 13 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 14 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 15 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 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 5 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 Heaiings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows p Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources z 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(336)771-4959 Sincerely "a61406(1444r—d- Charles Wakild Director Cc Jerry Parker Division 7 Environmental Officer(e copy) Andy Williams US Army Corps of Engineers Raleigh Field Office(e copy) Beth Harmon Ecosystem Enhancement Program(e copy) Wetlands/401 Transportation Permitting Unit(e copy) 1