20100478 Ver 1_Approval Letter_20100709

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 9, 2010
Yadkin County
NCDWQ Project No. 20100478
SR 1411
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, P.E.
NCDOT, Division 11
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn,
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
resurfacing SR 1411 (Cartner Road) in Yadkin County:
Stream Impacts in the Yadkin River Basin
Site Station Id Perennial (P)/ Permanent Fill in Temporary Fill in Total Stream Impacts
Intermittent (I) Stream Stream Stream Requiring
(linear ft) (linear ft) Impact Mitigation
linear ft - linear ft
1 10+37 P 20 40 60 0
Total Stream Impact for Project: 60 linear feet.
The project shall be constructed in accordance with your application dated received June 18, 2010. After 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-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 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:
Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Any riprap placed in the channel bottom shall be keyed into the stream bed
and banks below the normal high water mark. Bioengineering boulders or structures should be properly
designed, sized and installed.
Unless otherwise approved in this 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
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.slatenc.us Winston-Salem, NC 27107
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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 downstream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required.
3. 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.
4. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
5. 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, or access roads to 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.
6. For the 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.
7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U. S.
8. The Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit drawings
11 submitted for.approval.
9. 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.
10. 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.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
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 contact Amy Euliss at [phone]. -
Sincere ,
Coleen H. Sullins
Director
Cc: Heath Slaughter, Division 11 Environmental Officer.
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Marta Chambers, NC Wildlife Resources Commission (e-copy)
Ron Linville, NC Wildlife Resources Commission (e-copy)
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