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Home My WebLink About20110902 Ver 1_Approval Letter_20111018 _ �� ' NCDENR North Carolina Department of Environment and Natural Resources Division oi Water Quality � Beverty Eaves Perdue Coleen H.Sullins Dee Freeman Govemor Director Secretary October 18, 2011 Ashe County NCDWQ Project No. 20110902 SR 1603C State Project No. 1 iC.005129 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CO�'DITIONS Mr.Mike Pettyjohn,P.E.,Division Engineer NCDOT,Division 11 801 Statesville Rd North Wilkesboro,28659 Dear Mr.Periyjohn: _ . You have our approval, in accordance with the conditions listed below,for the following impacfs for the purpose of paving SR 1603C (Cranberry Creek Road) in Ashe County: Stream Im acts in the New River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring ft) Mitigation linear ft) S1 10 40 50 0 gz 10 40 50 0 S3 10 40 SO 0 S4 25 40 65 0 ' SS 10 40 50 0 S6 25 40 65 0 90 240 . 330 0 Total Total Stream Impact for Project: 330 linear feet. The project shall be constructed in accordance with your application dated received October 6,201 L I Afrer reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 3820. 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- Dischazge 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 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 NoRh Camlina Division of Waler�uaiiry,Winston-Salem Regional Offce , .. , . location:585 Waughtown St.Winston-Saiem,North Camlina 27107 - ��RB " '"_ � �� - Phone:336-77b50001FAX:336-711-06301CustomerService:l-877S23-6748 NOIrtY1C�O11Ilc�l IntemeC www.ncwaterquality.org . ��f�f��"J/ ..� . ba !� ��, An Equai Oppodunity 1 AKrmative Action Employer � 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 I50 linear feet, compensatory mitigation may be required as described in i 5A NCAC 2H .0506(h) (6) and(7). For this approval to remain valid,you must adhere to the conditions listed in the attached ceRification(s)and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditious 1. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. i 2. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4BA124(a)-(e)) Iin azeas draining to Trout waters. However, due to the size of the project,NC DOT shall not be i 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 15 business days of ground disturbing activities to provide erosion control. 3. Tall fescue shall not be used in the establishment of temporary or permanent groundcover withid 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. 4. For the 240 linear feet of streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 5. 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. 6. 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. 7. 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. 8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL 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. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,the Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 13. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be cleazly marked by highly visible fencing prior to any land disturbing activities. Impacts to azeas within the fencing are prohibited unless otherwise authorized by this certification. � 14. The issuance of this ceRification 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)havingjurisdiction, including but not]imited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 15. 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 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 fased-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 Maif Service Center Raleigh,NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 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, ��i ..a�l;��/�c� I �,y�Coleen H. Sullins �irector Cc: Heath Slaughter, Division 11 Environmental Officer Monte Matthews,US Army Corps of Engineers,Raleigh Field Office, e-copy only � David McHenry,NC Wildlife Resources Commission, e-copy only � �Wedands/401 Transportation Permitting Unit � File Copy I