20060848 Ver 1_Approval Letter_20070702

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 2, 2007
Mr. Alan Temple
City of Winston-Salem
P.O. Box 2511
Winston-Salem, NC 27102
Re: Bowen Boulevard Realignment, Forsyth County
DWQ #20060848; USACE Action ID. No. SAW-2006-32458-234
APPROVAL of 401 Water Quality Certification with Additional Conditions -REVISED
Dear Mr. Temple:
Attached hereto is a copy of Certification No. 3668 issued to Mr. Alan Temple and City of
Winston-Salem, dated July 2, 2007. This Certification replaces the Certification issued to
you on June 22, 2007. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
Sin ely,
~~
Coleen H. Sullins, Director
CHS/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Melanie McKinney, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410
Filename: 060848COWSBowenBlvdRealignment(Forsyth)401_IC_Revised
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] J FAX [phone] I Internet: htto://h2o.enr. state. nc. us/ncwetlands
No ° Carolina
J1~atura!!y
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Mr. Alan Temple and City of Winston-Salem
Page 2 of 5
July 2, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Alan Temple and City of
Winston-Salem, to fill or otherwise impact 0.12 acres of 404/wetland, and 490 linear feet of
perennial stream (3341inear perennial stream fill with culverts, and 156 linear feet perennial
stream relocation and onsite restoration), to construct the proposed Bowen Boulevard realignment,
which is located within the southwest quadrant of the intersection of Bowen Boulevard and New
Walkertown Road (US 311) in Winston-Salem, Forsyth County, North Carolina, pursuant to an
application dated May 18, 2006 and received by the DWQ on May 22, 2006, and by Public Notice
by the U.S. Army Corps of Engineers issued on the 6th day of June of 2006 (received by DWQ on
June 8, 2006), with additional information received on April 1 1, 2007. This Certification shall also
act as your approved No Practical Alternatives determination for impacts to the protected riparian
buffers per 15A NCAC 2B .0250(2).
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 1 SA NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount A roved (Units Plan Location or Reference
404/Wetland 0.12 (acres A lication and Public Notice
Stream - erennial 334 (linear feet to be filled with culvert A lication and Public Notice
Stream - erennial 156 (linear feet to be relocated and restored A lication and Public Notice

Mr. Alan Temple and City of Winston-Salem
Page 3 of 5
July 2, 2007
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities;
Continuing Compliance:
6. Mr. Alan Temple and City of Winston-Salem shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division 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, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Alan Temple and City of Winston-Salem, and

Mr. Alan Temple and City of Winston-Salem
Page 4 of 5
July 2, 2007
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 1 SA NCAC
2H.0504. Any new or revised conditions shall be provided to Mr. Alan Temple and City
of Winston-Salem in writing, shall be provided to the United States Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become conditions of the 404 Permit for the project;
Miti ag tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have 60
calendar days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream - erennial 334 linear feet Yadkin/03040101
8. Stream Relocation/Stream Restoration Plans
You have our approval for your proposed final stream relocation and restoration plans.
The stream relocation and restoration must be constructed, maintained, and monitored
according to the plans approved by this Office. Any repairs or adjustments to the site
must be made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments.
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;

Mr. Alan Temple and City of Winston-Salem
Page 5 of 5
July 2, 2007
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Winston-Salem, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you
have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 2nd day of J 2007
DIVI ION QUALITY
~~
Coleen H. Sullins, Director
3668
CHS/cbk/ijm

Certification of Completion
DWQ Project No..
Applicant:
Project Name;
Date of Issuance of Wetland Permit:
county:
Certificate of Completion
Upon. completion of all work approved within the 401' Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the .applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the•approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, ~ ,hereby state that, to'the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction .was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Data:
If this project was designed by a Certi aed Professional
I, . as a duly registered. Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodihally;
weekly,. fiill time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
'and diligence was used in the observation of the construction -such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality .Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date