20151179 Ver 1_Approval Letter_20151217

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Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
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DONALD R. VAN DER VAART
Secrelar��
S. JAY ZIMMERMAN
Uireclrn'
December 17, 2015
Guilford County
NCDWR Project No. 20151 179
Bridge 208 on SR 3051
TIP No. B-4961
BRZ-3051
APPROVAL of Jordan Lake Watershed Buffer Authorization with Additional Conditions
Mr. Richard Hancock, P.E., Manager
NCDOT, Project Development and Environmental Analysis Unit
]020 Birch Ridge Drive
Raleigh, NC 27610
Dear Mr. Hancock:
RE: This Authorization (as dated above) replaces the original Authorization December 3, 201 S in order to correct
a minor typographic error related to Zone 1 mitigation totals. No other Conditions have been changed.
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
renlacing Bridge 208 over an UT to Little Alamance Creek with another bridge in Guilford County:
Jordan Lake Watershed Ri arian Buffer Im acts
Zone 1 Impact Zone 1 Buffer r�',;: ; Zone 2 Zone 2 Buffer
Site (sq ft) Mitigation Required c Impact Mitigation Required
usin 3:1 ratio s ft usin 1.5:1 ratio
� 4656 - 839 -
(Brid e)
� :
(Road Crossing) �51 � - � 1723 -
2 896 - � 1050 -
(Road Crossing)
1 ""'�
1266 3,798 1280 -
(Utili !m acts) �
Totals 7,069 3,798 ;� 4,892 -
Total Buffer Impact for Project: 11,961 square feet.
The project shall be constructed in accordance with your application dated received November 10, 2015. This
approval is valid for the Jordan Lake Riparian Buffer Rules ( I SA NCAC .02B .0267). 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 is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy oithis Authorization, and is thereby responsible for complying with all the
cond:tions. If total w�tland fills far this project (now or in the future) exceed one acre, or of total impacts to streams
Siate of North Carolina IEnvironmental Quality � Water Resources
io17 Mail Service Center, Raleigh, North Carolina 27699-i617
Phone:[phone]

(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 02B .0267. 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. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [ 15A NCAC 2B .0267]
2. All riparian buffers impacted by the placement of temporary fill ar 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 mowing. The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction. [15A NCAC 2B .0267]
3. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of
any Jordan Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no
sediment and erosion control devices in Zone l, 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.
4. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan
Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR
prior to submitting a modification request to determine the applicability of the Jordan Water Supply
NutriPnt Strategy.
5. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)
6. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
7. Bridge deck drains 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
8. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first. [ 15A NCAC 02H.0506(b)(2)]
9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)
1G. i-�1� bridge constructian shall oe performecl .rom the existing bridge, ter�porary work bridges, temporary
causeways, or floating or sunken barges. [15A NCAC 02H .0506(b)(3)]
Off-Site Buffer M�tigation

1 I. Compensatory mitigation for impacts to 1,266 square feet of protected riparian buffers in Zone 1 shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to
protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly
NCEEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Cape
Fear River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter
dated October 29, 2015 that they will assume responsibility for satisfying the compensatory mitigation
requirements for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument
signed July 28, 2010.
General Conditions
1. Unless otherwise approved in tnis certification, placement of culverts and other structures in open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The appiicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)] .
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 02B.0200]
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. [15A NCAC 02H.0506(b)(2)]
4. The dimensien, �attern znd prafi!e of the sr_ream ab�ve and below the crossing shall no: �e moclifed.
Disturbed floodpiains and streams shall be restored to natural geomorphic conditions. f 15A NCAC
02H.0506(b)(2)]
5. 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. [15A NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2� and
(�)(2)l
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channei in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
9. 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.
[1�A NCaC 02H.0506(bj(3j]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
1 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]

12. The permittee 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) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetiands shall be placed at slopes no fiatter than 3:1, unless
otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
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. [15A NCAC 02H.0501 and .0502] �
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.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.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointeel shali complete and return the enclosed "Certification of Completion
Ferm" te notify the NCDWR when aJl ��ork :nclucled in the 40! Certification has be�n completed. [ISA
NCAC 02H.0502(f)]
19. Native riparian vegetation 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. [15A NCAC
026.0267(10)]
20. There shali 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.[15A NCAC 02H.0506(b)(3) and (c)(3)]
21. 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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
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
borraw pits associated v✓ith the prcject.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Caro[ina Surface
Mining t�lanual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.

22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
[f 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 S:OOpm, except
For ofiiciai staie holidays. The original and one (1) copy of tne 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: [phone]
A copy of the netition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or Dave [e-mail].
Sincerely,
,
. 1 — �. J
1
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thompson, Division 7 Environmental Assistant
James Mason, NCDOT PDEA ([e-mail])
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy

Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COURt�':
PAT MCCRORY
c,�„���•,t�„•
DONALD R. VAN DF_,R VAART
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S. JAY ZIMMERMAN
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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 this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be rerarned to N�DWR by the applicant, the applicant's authorized ager�t, or the p:oj.,ct 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. �
Signatare: Date:
�gz7t'� 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: Date:
Engineer's Certification
Partial Final
l, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full 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 ►raterials.
Signature
l�ate
Registration No.
State ot North Carolina �Environmental Quality � Water Resources
1617 ivtail Service Center, Raieigh, North Carolina 27699-1617