20120883 Ver 1_Approval Letter_20121008

Ach
NCDENR
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 8 2012
Ashe County
NCDWQ Project No 20120883
SR 1358E
State Project No 11C 005081
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Heath Slaughter Division Environmental Officer
NCDOT Division 11
PO Box 250
North Wilkesboro NC 28659
Dear Mr Slaughter
You have our approval in accordance with the conditions listed below for the following impacts for the
purpose of paving SR 1358E(Bear Wallow Road) in Ashe County
Stream Impacts in the New River Basin
Site no (Sta No) Permanent Fill in Temporary Total Stream
Perennial Stream (linear Fill in Stream Impacts
ft) Perennial Impact Requiring
Stream (linear ft) Mitigation
(linear ft) (linear ft)
1 (6+60 7+52) 113 (103 pipe 10 rip rap) 40 153 103
2 (12+48) 25 (15 pipe 10 rip rap) 40 65 15
3 (24+01) 25 (15 pipe 10 rip rap) 40 65 15
4(28+30) 30 (20 pipe 10 rip rap) 40 70 20
5 (38+48) 38 (28 pipe 10 rip rap) 40 78 28
6 (40+03) 15 (5 pipe 10 rip rap) 40 55 5
7 (42+45) 20(10 pipe 10 rip rap) 40 60 0
266(196 pipe,70 rip rap) 280 546 186
Total
Total Stream Impact for Project 546 linear feet
The project shall be constructed in accordance with your application dated received March 23 2012
After reviewing your application we have decided that these impacts are covered by General Water
Quality Certification Number 3886 This certification corresponds to the Nationwide Permit 14 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) Sediment and Erosion Control Non
Discharge and Water Supply Watershed regulations This approval will expire with the accompanying
404 permit
North Carolina Division of Water Quality Winston-Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107 One
Phone [phone] FAX [phone] NorthCarolina
Internet mom ncwaterquality org Naturally
An Equal Opportunity 1 Affirmative Action Employer

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) 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
1 The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B 0124(a) (e)]
in areas draining to Class C ORW Tr waters However due to the size of the project NC DOT
shall not be required to meet 15A NCAC 4B 0124(a)regarding the maximum amount of
uncovered acres Temporary cover(wheat millet or similar annual grain)or permanent
herbaceous cover shall be planted on all bare soil within 7 business days of ground disturbing
activities to provide erosion control
2 Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas For the establishment of permanent herbaceous cover erosion control matting
shall be used in conjunction with an appropriate native seed mix on disturbed soils within the
riparian area and on disturbed steep slopes with the following exception Erosion control
matting is not necessary if the area is contained by perimeter erosion control devices such as silt
fence temporary sediment ditches basins etc Matting should be secured in place with staples
stakes or wherever possible live stakes of native trees Erosion control matting placed in
riparian areas shall not contain a nylon mesh grid which can impinge and entrap small animals
For the establishment of temporary groundcover within riparian areas hydroseeding along with
wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is
allowable at the appropriate rate in conjunction with the erosion control measures Discharging
hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited Riparian
areas are defined as a distance 25 feet landward from top of stream bank
3 This project has the potential to impact trout waters or other aquatic species of concern No
construction activities shall begin until the North Carolina Wildlife Resource Commission
(NCWRC)makes a determination regarding moratoria Should the NCWRC determine that a
moratorium is applicable then the requirements of any moratorium shall be a condition of this
401 certification If DOT does not wish to honor the moratorium then a written modification
shall be requested
4 For projects impacting waters classified by the NC Environmental Management Commission as
Trout(Tr) High Quality Waters(HQW ORWs are a subset of HQW) or Water Supply I or II
(WSI WSII) stormwater shall be directed to vegetated buffer areas grass lined ditches or other
means appropriate to the site for the purpose of pre treating storm water runoff prior to discharging
directly into streams Mowing of existing vegetated buffers is strongly discouraged
5 Compensatory mitigation for 186 linear feet of impact to streams is required We understand
that you have chosen to perform compensatory mitigation for impacts to streams through the
North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to
implement the mitigation for the project EEP has indicated in a letter dated September 18 2012
that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above referenced project in accordance with the EEP Mitigation
Banking Instrument signed July 28 2010
6 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification
7 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
8 The dimension pattern and profile of the stream above and below the crossing shall not be
modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions

9 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
10 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval
11 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
12 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
13 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
14 No rock sand or other materials shall be dredged from the stream channel except where authorized
by this certification
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited
16 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
17 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
18 The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery
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 Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
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
Charles Wakild
Director
Attachment(permittee only)
Cc Monte Matthews US Army Corps of Engineers Raleigh Field Office(electronic copy only)
Marla Chambers NC Wildlife Resources Commission(electronic copy only)
Wetlands/401 Transportation Permitting Unit
File Copy
1

NCDWQ Project No County
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
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 Quality 1650 Mail Service Center
Raleigh NC 27699 1650 This form may be returned to NCDWQ 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 Date
Agent'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 Date
Engineer's Certification
Partial Final
I 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 Registration No
Date