20081057 Ver 1_Approval Letter_20080724

~0F W ATFRO Michael F. Easley, Governor
G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality

July 24, 2008
Watauga County
DWQ Project No. 08-1057
Peoria Road (SR 1201A)

APPROVAL of 401 Water Quality Certification

Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
North Carolina Department of Transportation
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn:

You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts
for a pipe replacement on Peoria Road.
• 40 linear feet of new piping impacts to Unnamed Tributary 1 to Stone Mountain Branch (30 feet of new pipe and
10 feet of rip rap);
• 25 linear feet of new piping impacts to Unnamed Tributary 2 to Stone Mountain Branch (15 feet of new pipe and
10 feet of rip rap);
• 50 linear feet of new piping impacts to Unnamed Tributary 3 to Stone Mountain Branch (30 feet of new pipe and
10 feet of rip rap);
• 15 linear feet of new piping impacts to Unnamed Tributary 4 to Stone Mountain Branch (5 feet of new pipe and
10 feet of rip rap);
• 30 linear feet of new piping impacts to Unnamed Tributary 3 & 5 to Stone Mountain Branch (10 feet of new pipe
and 20 feet of rip rap);
• 120 linear feet of new piping impacts to Stone Mountain Branch (80 feet of new pipe and 40 feet of rip rap);
• 347 linear feet of rip rap for bank stabilization to Stone Mountain Branch; and
• Temporary dewatering impacts.
The project shall be constructed in accordance with your application dated July 1, 2008. After reviewing your application,
we have decided that the bank stabilization is covered by General Water Quality Certification No. 3689, corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Number 13, and that the fill is covered by General Water Quality
Certification No. 3704, 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 is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the Division of Water Quality (Division) and submit a new application. If the
property is sold, the new owner must be given a copy of this approval letter and certifications, 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 if
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 and any additional conditions listed below.
Noe Carolina
Natu'rally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
July 24, 2008
DWQ# 08-1201A
Page 2

1. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings submitted
for approval.
2. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical.
If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be
used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low
flow conditions.
3. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
4. 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.
5. No rock, sand, or other materials shall be dredged from the stream channel except where authorized by this
cert ification.
6. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
7. All work shall be performed during low flow conditions.
8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours.
10. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion
Form" to notify DWQ 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 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, which 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 contact Amy Euliss at 336-771-4959 or at [e-mail].
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality

cc: Monte Matthews, USACE Raleigh Field Office
Heath Slaughter, Division 9, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office

r
Mr. Mike Pettyjohn, P.E.
July 24, 2008
DWQ# 08-1201A
Page 3

DWQ 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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ 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
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: 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