20011434 Ver 1_Approval Letter_20011001

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
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North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph. D.
Acting Director
Division of Water Quality
October 2, 2001
Burke County
DWQ Project No. 011434
SR 2107, Dogwood Ridge Road
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Roger D. Bryan, Division Environmental Officer
NCDOT Division 13
P.O. Box 3279
Asheville, NC 28802
Dear Mr. Bryan:
You have our approval, in accordance with the attached conditions and those listed below, to impact
30 linear feet of an unnamed tributary to Little Silver Creek in order to upgrade SR 2107 (Dogwood
Ridge Road) in Burke County. The project should be constructed in accordance with your application
dated September 28, 2001 (received October 1, 2001). After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Number 14. 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 unless otherwise specified in the Water
Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and to send us 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 conditions. If total wetland fills for this project (now or
in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
211.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
-1. - Stormwater management, sedimentation and erosion control And buffer requirements for WS-IV
Waters as specified in 15A NCAC 2B .0216.
2. Temporary or permanent herbaceous vegetation shall be planted on all bare soil within 10 days of
ground-disturbing activities to provide long term erosion control.
3. All culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions are to be maintained above and below locations of
culvert extensions. Culverts shall be installed one foot below the stream to allow for fish and
other wildlife movement.
4. All work shall be performed during low flow conditions.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetiands/
5. 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.
6. The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
7. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
9. Rock silt screens at culvert outlets shall be removed at project completion.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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. 27699-6714. 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 telephone Ms. Cynthia Van Der Wiele at 919-733-9646
or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208.

cry . Thorpe, D.
ctin rector
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
'`File Copy - - - -