20190383 Ver 2_Approval Letter_20190730

DocuSign Envelope ID: OEOC8151-ECC6-4540-975A-CD6649668E63
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Chris Blice, Chief Operations Officer
(chrisbfice(j�chatham.k. 12.nc. us
P.O. Box 128
Pittsboro, NC 27312
NORTH CAROLINA
Environmental Quality
July 30, 2019
Chatham County
NCDWR Project No. 201903 83 v.2
Northwood High School Access Road
Chatham County Board of Education
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dear Mr. Blice:
You have our approval, in accordance with the conditions listed below, for the following impacts to construct a new
access road over Haven Creek to Northwood High School as described in your application:
Stream Impacts in the Cape Fear River Basin
Temporary Fill
Temporary Fill
Permanent Fill
Permanent Fill
Permanent Fill
Total Stream
in Perennial
in Intermittent
in Perennial
in Intermittent
in Intermittent
Impacts
Site
Stream
Stream
Stream
Stream
Stream
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Dewatering
Culvert
Culvert
Stabilization
1A
---
---
95
---
---
95
1B
---
---
---
---
52
52
1C
20
---
---
---
---
20
2A-
44
---
---
---
---
44
2B*
13
---
---
---
---
13
3*
---
---
52
---
---
52
4**
---
---
45
---
---
45
5*
10
---
---
---
---
to
7*
---
47
---
---
47
8*
---
---
---
48
---
48
9*
---
---
---
18
---
18
10*
---
28
---
---
---
28
Total:
87
75
192
66
52
472
*Previously permitted and constructed. ** Modified impacts.
Total Stream Impacts for Project: 472 linear feet
.4-r North Carolina Department of Environmental Quality I Division of Water Resources
e:-�r--DE 512 North Salisbury Street 1 1617 Mail Service Center � Raleigh, North Carolina 27699-1611
NORTH CAROLINA Q��
nw�mm of ��—w winy 919,707.9000

DocuSign Envelope ID: OEOC8151-ECC6-4540-975A-CD6649668E63
The project shall be constructed in accordance with your application dated July 10, 2019 and received July 12, 2019.
After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 4139. This certification corresponds to Nationwide Permit 39 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) Jordan Lake Riparian Buffer Rules (I 5A NCAC 2B .0267), 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 NCDWR 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 3 00 linear feet, compensatory mitigation may be required as described in 1 5A
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(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. [I 5A NCAC 2B.0267]
Please consult with the Town of Pittsboro to determine applicability to the Jordan Lake Riparian Buffer Rules [I 5A
NCAC 2B .0267] and Stormwater Management [I 5A NCAC 213 .0265)]. If applicable, the Town shall determine
if. all riparian buffers impacted by the placement of temporary fill or 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 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
213.02671
3. 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 [ 1 5A NCACO2B .0267]. The Town of Pittsboro shall coordinate with the NCDWR prior to submitting a
modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. This condition
does not apply to major modifications for additional sections of the project that were covered under the Finding of
No Significant Impact or approved in the Avoidance and Minimization stage of the project.
General Conditions:
1. 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. [I 5A NCAC 0213.0200]
2. 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. [ 1 5A NCAC 02H.0506(b)(2)]
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. [I 5A NCAC 02H.05 06(b)(2)]
4. The use of riprap above the Normal High -Water Mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
[ 1 5A NCAC 02H.0506(b)(2)]

DocuSign Envelope ID: OEOC8151-ECC6-4540-975A-CD6649668E63
5. 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 (c)(2)]
6. 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)]
7. Heavy equipment may be operated within the stream channels however; its usage shall be minimized. [15A
NCAC 02H.0506(b)(3)]
8. 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. [15A NCAC
02H.0506(b)(3)]
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I 5A NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [I 5A NCAC 02H.0506(b)(3)]
It. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [15A NCAC 02H.0506fb)(3) and (c)(3) and 15A NCAC 02B.0200]
12. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal
to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual.
13. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor -owned or leased borrow pits associated with the project. Sufficient materials required for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site
always.
14. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
15. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- 1, WS- 11,
High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion
control designs shall comply with the requirements set forth in 15A NCAC 04B .0 124, Design Standards in
Sensitive Watershed. [I 5A NCAC 02H.0506(b)(3) and (c)(3)]
16. 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) 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. [15ANCACO2B.0200]
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: 1, unless otherwise
authorized by this certification. [I 5A NCAC 02H.05 06(b)(2)]

DocuSign Envelope ID: OEOC8151-ECC6-4540-975A-CD6649668E63
18. A copy of this Water Quality Certification shall be maintained on the construction site always. 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)]
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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]
20. The issuance of this certification does not exempt the permittee from complying with 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.
21. The permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [I 5A NCAC 02B.0506(b)(2)]
22. 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 Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [ 15A NCAC 02H.0502(f)]
23. 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 02B.0506(b)(2)]
24. 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
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities. [I 5A NCAC 02H.0506(b)(3) and (c)(3)
25. 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 to protect surface waters
standards [I 5A 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 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
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
26. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the
top of bank, without prior approval from DWR. [ I 5A NCAC 02H. 05 06(b)(3) and (c)(3)]
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 8:00am 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.

DocuSign Envelope ID: OEOC8151-ECC6-4540-975A-CD6649668E63
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: (919) 431-3 100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, 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 April Norton at [phone] or April.NortonAncdenr.gov.
Sincerely,
DocuSigned by,
ctor
Division of Water Resources
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Troy Beasley, WithersRavenel, ([e-mail])
File Copy

DocuSign Envelope ID: OEOC8151-ECC6-4540-975A-CD6649668E63
Ploy COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
Date of Issuance of 401 Water Quality Certification:
County:
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 returned to NCDWR 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
1, , 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:
1, 1 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:
Engineer�v Certification
Partial Final
Date:
1, , 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 materials.
Signature
Date
Registration No.
.0-Ir N rth Carolina Department of Environmental Quality I Division of Water Resources
e-,e--RE 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611
11 IQ
NORTH CAROLINA Q
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