20120592 Ver 1_Approval Letter_20120710

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE
Dee Freeman
Governor Director
Secretary
Temporary Fill in
July 10, 2012
Stream
Watauga County
Intermittent
DWQ Project No. 20120592
Perennial Stream
(Bridge 59) SR1331
Impact .
TIP B- 4836 :.
APPROVAL .of 401 WATER QUALITY. CERTIFFICATION with ADDITIONAL CONDITIONS
Mr. Greg. Thorpe, PhD:
(linear ft)
NCDOT,PDEA
(linear ft)
1598 Mail Service Center
Requiring
Raleigh, NC.27699 -1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 59 over South Fork of the New River on SR 1331 in
Watauga County: .
Stream Impacts in the New River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Area under
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact .
Impacts
(ac)
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
ac
Mitigation
2.
0.06.
linear ft
1
63 (bank stabilization )
58
121
0
2
174 (158 fill and 16
174
158
bank stabilization
Total
174
63
58
.295:
158
rotai ,stream Impact for Froject: 295 linear feet.
WPtlnnd imnnrtc in the 1Vaw biwAr R. ein
aotai wetfana Impact for Project: 0.06 acres.
The project shall be constructed in accordance with your application dated received June 15, 2012 and
additional information received electronically on July 9, 2012. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3891 and 3893. This certification
corresponds to the Nationwide Permit 23 and Nationwide Permit 33 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.
Site
Fill
Fill
Excavation
Mechanized
Hand Clearing
Area under
Total Wetland
(ac)
(temporary)
(ac)
Clearing (ac)
(ac)
Bridge
Impact (ac)
ac
ae
2.
0.06.
0.06
Total
0.06.
0.66
aotai wetfana Impact for Project: 0.06 acres.
The project shall be constructed in accordance with your application dated received June 15, 2012 and
additional information received electronically on July 9, 2012. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3891 and 3893. This certification
corresponds to the Nationwide Permit 23 and Nationwide Permit 33 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:
Project Specific Conditions
1. Post - construction stormwater shall be designed as approved in the permit application. If any changes are made to
the post - construction stormwater design, the Division of Water Quality shall be contacted for approval of the
changes.
2. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to diverting
water into the new channel. Stream banks shall be matted with coir -fiber matting, unless rip rap is shown on the
permit drawings. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and
should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum
extent practical. Also, additional rip -rap may be allowed if it is necessary to maintain the physical integrity of
the stream; but the applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage requested.
3. Compensatory mitigation for 158 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP lids
indicated in a letter dated March 14, 2012 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above - referenced project, in accordance with the EEP
Mitigation Banking Instrument signed July 28, 2010.
General Conditions
4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a. condition of the 401 Water Quality
Certification.
5.. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and.pre- treated through site- appropriate means (grassed swales, pre- formed scour holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
6. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated; and disposed of properly:
7. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should
barges be dragged along the bottom of the surface water.
8. 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.
9. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
l2. 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. .
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
16. State or federal law is being violated, or that further conditions are necessary to assure compliance, NCDWQ.
may reevaluate and modify this certification.

17. All fill.slopes located in jurisdictional wetlands shall be. placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
18. A copy of this Water Quality Certification shall be maintained 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.
1 19. 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. .
20. Upon completion of the project (including any impacts at associated borrow or waste sites); the NCDOT .
.� Division Engineer shall complete and.return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed
21. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
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 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition mist be filed with the Office of
Administrative Hearings:
The petition may be faxed - 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 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: [phone], Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Mr.. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 amy.euliss @ncdenr.gov:
Sincerely, P.
Charles Wakild
Attachments [General .Certification (permittee only) and Certificate of Completion form]
cc: Heath Slaughter, Division 11 Environmental Officer -e -copy only
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office -e -copy only
Marla Chambers, NC Wildlife Resources Commission -e -copy only .
Beth Harmon, Ecosystem Enhancement Progranime -copy only
DWQ Wetlands /401 Transportation Permitting Unit
File. Copy

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue. Charles Wakild; RE Dee Freeman
Governor Director Secretary
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 Transportation. Permitting
j 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
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:
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