20021878 Ver 1_Approval Letter_20070412

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
e ,sue,
April 12, 2007
Chatham County
DWQ Project No
SR 1548
APPROVAL of 401 Water Quality Certification -AFTER THE FACT
Mr. Timothy Johnson, P.E., Division Engineer
North Carolina Department of Transportation, Division 8
PO Box 1067
Aberdeen, North Carolina, 28315
Dear Mr. Johnson:
Alan W. Klimek, P.E. Director
Division of Water Quality
20021878
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of improving SR 1548 in Chatham County:
ct,-Pa,,, Tmnactc in the Yadkin-Pee Dee River Basin
Site Stream Name v Stream Stream Impact Type Impacts
Type Classification/ (Linear Feet)
Index No.
1 UT to Dry Intermittent Class WS-IV/16- Permanent 42
Creek 34
Total 42
The project shall be constructed in accordance with your After The Fact application dated received
March 27, 2007. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Number 3627. 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.
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 DWQ 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 1501inear 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.
No°QhCarolina
Transportation Permitting Unit ~R~ill'Q~t'lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: httg~/lh2o enr.state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Mr. Johnson
April 12, 2007
Page 2 of 5
Conditions of Certification:
Placement of culverts and other structures in waters, streams, and wetlands 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 down stream
of the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required.
2. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
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.
4. The dimension, pattern and profile of the stream above and below the crossing should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
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.
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.
7. 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.
8. Heavy equipment may be operated within the stream channels however, its usage shall be
minimized.
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.
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.

Mr. Johnson
April 12, 2007
Page 3 of 5
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
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) and any other appropriate requirements of State and Federal
law. If DWQ 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, DWQ may reevaluate and modify this
certification.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
14. A copy of this Water Quality Certification shall be posted 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.
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.
16. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
17. Native riparian vegetation (ex. River birch, shagbark hickory, green ash, blackgum, sycamore,
black willow, tag alder, common pawpaw, silky dogwood; Virginia willow, switchgrass,
deertongue, big bluestem, eastern bottlebrush grass, soft rush) must be reestablished within the
construction limits of the project by the end of the growing season following completion of
construction.
18. 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 be located in wetlands. or streams, compensatory mitigation will be
required since that is a direct impact from road construction activities. 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.

Mr. Johnson
April 12, 2007
Page 4 of 5
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.
19. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored upon completion
of the project.
20. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its
conditions are final and binding unless you ask for a hearing. 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
Brian Wrenn at 919-733-5715.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Richard Spencer, Amy Corps of Engineers Wilmington Regulatory Field Office
Travis Wilson, NC WRC
Gary Jordan, US FWS
Chris Militscher, US EPA
Kathy Matthews, US EPA
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