20120699 Ver 1_Approval Letter_20120809

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North Carolina Department of Environment and Natural Resources F�
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E Dee Freeman
Governor Director Secretary
August 9 2012 41
Ashe County
DWQ Proleut No 20120699
SR 1358F
State Project No I 1 C 005067
APPROVAL of 401 WATER QUAI ITY CERTIFICATION mrnth ADDITIONAL CONDITIONS w
Mr Heath Slaughter Division Environmental Officer Division 1 l
NCDOT Division 11
PO Box 250
North Will esboio NC 28659
Dear Mr Slaughter
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
paving SR 1358F (Bear Wallow Road) in Ashe County
Q+w- 1—i—fe m fho Nnw River linein
Sta No
Permanent Fill in
Intermittent
Stream (linear ft)
Iemporary Fill in
Intermittent Stream
(linear ft)
Permanent Fill in
Perennial Stream
(linear ft)
Temporary Fill in
Perennial Stream
(linear ft)
Total Stream
Impact
(Imew ft)
Stream
Impacts
Requiring
Mitigation
linear ft
18 +73
10
40
50
0 _
23 +17
50
40
90
0
23 +62
30
40
70
0 J
35 +76
70
40
110
0
43 +80
10
40
50
0
48 +06
35
40
75
t 0
50 +47
45
40
85
0ti
52191
30
40
70
0
30
40
250
280
600
0
Total Sh eam Impact for Nro,lect ouu unear teet
I lie project slmall be constructed in accordance with your application dated iecened July 18 2012 After
reviewing your application ti e have decided that these impacts are covered by General Water Quality Certification
Number 3886 1 his certification con esponds to the Nationwide Permit 14 issued by the Corps of Fngmeers In
addition you should acquire any other fedeial state of local permits befoie you proceed with your project including
(but not limited to) Sediment and Lrosion Control Non Discharge and Watei Supply Watershed regulations This
approval will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in youi application (unless
modified below) Should your piolect change you must notify the NCDWQ and submit a new
application If the pioperty 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 fuhn e) exceed one acre or of total impacts to streams (now of in the future)
exceed 150 linear feet compensatory mitigation may he 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) ind any additional conditions listed below Y
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If you wish to contest any statement in the attached Certification you must file a petition for an adrmnistrative
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 normll office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the houis of 8 00am and 5 OOpm except
for official state holidays The oigmal and one (1) copy of the petition must be filed with the Office of
Admnustratn e Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Adm nistiative 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 s
Raleigh NC 27699 6714
Telephone [phone] Facsir ule [phone]
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
3
Condition(s) of Certification
d 1
1
This project has the potential to impact trout waters or other aquatic species of concern No construction
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activities shall begin until the NCWRC makes a determination re&ardmg moratoria Should the NCWRC
determine that a moratorium is applicable thin the requirements of any moratorium shall be a condition of
this 401 certification If DOT does not wish to honoi the moratorium then a written modification shall be
E
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requested
Due to slopes >6% NCDWQ will not require the burial of the culverts in the streambed in all of the
1
penrutted areas
3
Durmg the constriction of the project no staging of equipment of any kind is peinutted in waters of the
U S or protected riparian buffers
1 s
4
The dimension pattern and profile of the stream above and beloN�, the crossing shall not be modified
Disturbed floodplains and streams shall be restored to natural geomorphic conditions
5
1 he use of rip rap above the Normal High Water Mark shall be nununized Any rip rap placed fo► stream
`
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stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
6
passage
The Perm ittee shall ensuie that the final design drawings adhere to the permit and to the permit drawings
i
submitted for approval
7
All work in of adjacent to stream waters shall be conducted in a dry work area Approved BMP measures
fiom the most current version of NCDO1 Construction and Maintenance Activities manual such as
T
sandbags rock bet ms cofferdams and othei diversion strictures shall be used to prevent excavation in
flowing water
8
Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
,
sedimentation and reduce the mtioduction of other pollutants into the stream
9
All mechanized equipment operated near surface waters must be regularly inspected and maintained to
pievent contamination of steam waters fiom fuels lubricants hydraulic fluids or othei toxic materials
10
No rock sand or other materials shall be dredged from the stream channel except where authoiized by this
certification
11
Discharging hydroseed mixtures and washing out hydroseeders and other equipment in of adjacent to sut face
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,A aters is prohibited
12
A copy of this Water,Quahty Certification shill be maintained on the construction site at all times In
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addition the Water Quality Certification and all subsequent modifications if any shall be maintained w ith
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 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
14
The Permnttee 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 adrmnistrative
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 normll office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the houis of 8 00am and 5 OOpm except
for official state holidays The oigmal and one (1) copy of the petition must be filed with the Office of
Admnustratn e Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Adm nistiative 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 s
Raleigh NC 27699 6714
Telephone [phone] Facsir ule [phone]
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
3

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Beverly Eaves Perdue Charles Wakild P E
Governor Director
i
DWQ Protect No
Applicant
Project Name
Date of Issuance of 401 Watet Quality Cei tification
Count}
Dee Freeman
Secretary
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 iequired to ieturn this certificate to the 401 Transportation Permitting
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 ceitificates from all of these
Applicant's Certification
I hereby state that to the best of my abilities due cafe and diligence
was used in the obseivation 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
Agent's Certification
Date
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
1 _ as a duly registered Professional Engineer in the State of North
Carolina ha% mg been authorized to observe (periodically weekly full time) the construction of the project for the
Perrmttee 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 Buffet Rules the approved plans and specifications and other supporting materials
Signature
Date
Registration No
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