20160710 Ver 1_Approval Letter_20160804

Water Resources
ENVIRONMENTAL OUALITY
I'A`I' MCCROKY
T)UNALI) R. VAN [�GR VnAR'I�
ti. JAY "I.IMMERMAN
August 4, 2016
Guilford County
NCDWR Project No: 2�ib�7i0
Culvert Installation oa SR 2145
(Old Stage Coach Trail) over Horse
Pen Creek
WBS Element No. 44449
APPROVAL of 401 WATER QUALITY CERTIFICATI(2N and JORDAN LAKE BUFFER
AUTHORIZATiOh� With ADDITIONAL CONDITIONS
Mr. Mike Mi(ls, P.E., Division Engineer
NCDOT, Division 7
PO Box 14996
Greensboro, NC 27415-4996
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
install�ng a new, trip!e-barrel box culvert on SR 2145 (Old Stage Coach Trai1) over Horse pen Creek in Guilford
Countv:
�-- - -�--------
Stream Im�actc i� ±hP Ca�P Fe�r RivPr Ba�in
Site � Permanent Fill �Temporar,y Eill Nermanent Fill � Temporary Nill� Total Stream � �tream lmpacts
� ir. intermittent � i� Intermiiten: in Perennial i in Ferennial �m�act Requ9r:ng
S�ream Stream Stream Stream (iinear ft) Mitigation
(linear i't linear ft) linear Ft) (linear ft linear ft)
S1 -- -- 87 � 11 98 � --
Toial I --
-- I 87 I 11 I 98 I --
Total Stream Impact far Project: 98 linear feet.
Jordan Lake Ri arian Buffer Im acts
Sife Zone 1 miirus = Zone 1 �one 1[3uffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
� �sq ft) i (sq ft) (using 3:1 ratio) �� (sq ft) wetla��ds) 1.5:1 rstio)
Bl � 5,362 � --
-- ---� : —r 2,665 � --
Totals 5,362 -- 5,362 -- I I 2,665 --
I
Total Buffer Impact for Project: 8,027 square feet.
2,665 � --
The project shall be constructed in accordar.ce with your application dated received J:�!y 21, 2016. A:�er revi�wing
your application; we have decided that these impacts are covered by General Water Quality Certification Number
388h. This certification correcponds to the Nationwide Permir 14 issued by the Corps of En¢ineers. This approva! is
alsa valid far the Jordan Lake Water Supply Watershed: Protection ard P�iaintenance of Eaisting Riparian Buffers
(15A T:CAC .02B .0267). In addition, you should acquire a:�y other federa;, state or local permits before you proceed
with your p��oject ii�cluding (but not limiTed to} Sediment and Erosion Control; Non-Diccharge and Water Supply
`v'Jat:rshed regalations. 7'his a�proval wili expire �vith the accon�par.yir� �,�4 retm:t.
$tate nf Noril� Carulina iC:nviroomr�rtzi t,luality', Wamr ^esonrces
1517 Mai� Service Center, Raieigh, North Carelina 27659-1ot %
Pnene, 91?-SO%-e;,00

This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you musi notify the NCDWR and submit a new application. If the properiy 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. lf totai 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 2B .0267. For this approval to remain valid, you must adhere to the conditions listed in the attached
certification and any additional conditions Lsted belo���.
Condetion(s) oi Certification:
Project Specific Con�titio�s
1. For tl-ie 11 lii:ea:• feet of streams'oeing impacted due to site dewat�ring activities, the site sliall be graded to
its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
2. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must bP made to minimize impacts to the stream banks, as well as to vegetation
respar.sible for ma;ntain:ng the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2 j]
3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at tlood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typicaliy ciecreases water velocity causing sediment cieposition that requires increased maintenance
and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
4. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[15A NCAC 02H.0506(b)(2)]
5. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
ctherwise approved by th:s certifcation. [15A NCAC 2B .0267]
F. YL�i�ilnl:f, :U :.�'�:�. �'�� 'i� �� .i� � %� �t�15ri�:nt ��tif� �it)S:i�:] COilt:'C� ��CYl4'eC L�;1(i :tt�i �-0 �i2t'Ea iCi ��P.s, � (Tr �;
a :3i1�
Jordan 3nffer witho�rt prior ap�reval hy the NCL�WR. _A_t this time, thP NCDWR has aYpro��ed r_a sPdiment
and erosion controi devices in Zone 1, outside of the approved project :mpacis, anywhere on this
project. Moreov�r, sediment and erosion control devices shall be allowed in 7one 2 of the buffers orovided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
General Conditions
Ualess otherwise approved in this ce� t:ficatien, placement of cul��erts and other structsres in op�n v�zters an3
streams shall be placed below tl-ie elevation of the streambed by one foot for all culverts with a diam�ter
greater than 48 inches, and 20 percent of the culvert ciiameter 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-equ;librium of wetlands o: strearribeds or banks, adjacent to or upstream and downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
ul writin� by NCDWR. Ii this condition is unabie to be met due to bedrock or other limiting features
encountered during coustruction, please contact NCBWR for guidance on how to proceed and ta dete;mine
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 beriveen
curing concrete and stream water. �Jater 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. Durine the co�struction of the project, no staging of equipment of any kind is permitted in waters of the U.S.,
ar protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
D�sturbed flo�cipiains ann streams �hall be restor�d io natura? �eor.io�hic c;ondit?ons. [15A NCAC
02H.05U6(ii)(2)1
5. The use of rip-ra� above the NaAmal Hig}� V✓ater Iv;ark shall be minimized. Any rip-rap piaced for stream
stabiiization shaL' be placed in stream cha�.nels in such a manner tnat it do�s not impede aqu�tic iife passage.,
�15AIvTCAC G2H.C�Sv6�bj(G}j
Page 2 of 5

6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [ i 5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. ,4pproved BMP measures
from the most current version of NCDOT Construction and Maintenanc� 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(bx3) and (c)(3)]
8. Heavy eqaipment shall be operated from the banks rather than in the st�•eam channel in order to minimize
s�dimentation and reduce the introduction of other po(lutants into the stream. [ 15A NCAC 02H.0506(b)(3)]
9. All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained to
prevent contamination of streatn waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ 15A
NCAC 02H.0506(bx3)]
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)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [ISA 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) of the Clean Water
Act) ar.d any other approprizte requirer:ients of State and Federzl law. If the r1CDWR dete:�:niaes that such
standards or laws are not being met (including the failure to sustain a designated or achieved us�) or that
State or federal law is being violated, or that further conditions are necessarv to assure compliance, the
NCDWR may reevahaate and modify this certification. [15A NCAC 02B.020Q]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter 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
(�)(2; and (�)(2)l
15. "I'he outside but�er, wetland or water bounda�y located within the cons�ructian corridur approveci 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 (:.e. local, state, and
federal) having jurisdictior., including but not limited to applicable buffer ruies, st�rmwater 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 shall complete and return the enclosed "Certification of Compietion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of tiie growing season following completion of construction. [ I SA NCAC G2B.OSC6(b)(2)]
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 mitigation will be required since that is a direct
impact from road construction activities.[] SA NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment contro3 practices mus: �e in ful: compliance with ai! speci.Fications 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 controi measures for the project must be designe:i, installea, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning und Design Manual.
Page 3 of 5

b. T'he 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 Ernsion 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. 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 Carolina Surface Mining
tLiunual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollutior. Control Act.
22. Sediment and erosion control measures shall not be placed 'u� wetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
lf 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 petiti�n is considered filed when
it is received in the office of Administrative Hearings during normal office hours. T'he Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:OOam and S: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 rPceived by the Ot�ce 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 uf the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, Ger.�ral Ceuns�?
DcFarim�n± of Envi,+���n.�er►ta! Qualit;
1601 Mail Service Center
T'his 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 Brian Wrenn at (919) 707-$792 or [e-mail].
Sincerely,
��
S. Jay Zimmerman, 'vector
Division of Water Resources
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Travis Vi'ilson, NC Wildlife Resources Commission
File Copy
Page 4 of 5

Water Resources
ENVIRGNMENTAL OUALITY
NCDW'R Project No.:
Appiicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUfIt)':
NA'f' MC;CRORl"
DONALI� R. V�N I)RR VAAR'I
ti. JAY '/,IMM}�RMAN
Certificatc of Compleiion
Upon completion af ail w�ork approved within the 401 Water Qua:ity Certificat�on or applicable Buffer Rules, and
any subse�uent modifications, the appiicant is required to return this certificate to the 401 Transportation Permitting
Unit, Nert'r. Carolira Divisior. of ���ater Resources, 1E17 It�[ail Setvice Center, Raleigr., NC, 27699-1�17. This form
tnay be �etur�ied to NC�`v�'R by the aj�plicant, the applicart's aut� or�zed age;�t, or the project enginee;. It is ;,ot
necessary to send ceriiiicates from ali of these.
�ipplicant's Certificatiorc
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
comnliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, ar.d other supporting mater�als:
Sig��ature: Daie:
A�tnY.� Ce,f�fcatiut�
I, , hereby state that, to the best of my abilities, due care and d:ligence
was used in the observation of ihe c�nstruction such that the c�nstruction was observed to be t�uilt within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specificaticns, and cther suppo�ting materials.
Signature: Date:
Engineer's Certifreation
Partial Final
[, , as a duly registered Professicnal Engineer in the State of Ncrt�
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the hest of my abilities, due care and diligence was ased in the obsPrvation 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 Ruies, tr�e approved plans and specifications, and other supporting materials.
Signature
nat�
R�gistration No.
State c�I Noyh Carolina 'iEn � ir�,rn:ental Qualiry I Wzter R.zsauces
;6 �7 �Aaii Sarvice Center, kaleien, Norh Garo!ina 27699-15�7
Phr,ne:919-6�%-d3!i0