20041905 Ver 3_Application_20070806

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 2761 I-5202
GOVERNOR PHONE: [phone]
July 31, 2007
Mr. Monte Matthews
U. S. Army Corps of Engineers
Raleigh Regulatory Field Ol~ice
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #14 & #33 MODIFICATION
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LYNDO TIPIS
SECRETARY
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SR 1127 (Shawnee Road)
Watauga County, North Carolina
Project Number: 110.095066 (DWQ Permit Fee: $475)
Dear Mr. Matthews:
The NC Department of Transportation is currently constructing the subject secondary road
improvement project in Watauga County. It has come to our attention that an additional
driveway pipe needs to be added to provide access to private property. This 30'x 48" CMP will
carry an unnamed tributary to Shawneehaw Creek (Class: C, Trout) at station 11+75 (Rt.).
Temporary dewatering will be necessary at this pipe addition location. An impervious dike will be
constructed approximately 20 feet upstream of the proposed structure location to create a small
pool. Clean water will temporarily be pumped around the construction area and will be
discharged downstream. Any dirty water located inside of the construction area will be pumped
into a silt bag if necessary. Total dewatered area at this location will be 0.005 acres. Once the
new pipe is in place, the impervious dike will be removed and preconstruction streambed elevation
will be restored.
The proposed modification should not remove or degrade existing water quality uses. Pipe sizes
used will be the minimum necessary to create a safe roadway. By utilizing the erosion control
measures outlined in the attachments to this application, downstream water quality standards will
be protected. All appropriate BMPs will be used during construction.
Attached is a Preconstruction Notification Form, plan sheets, a marked county map, a marked
topography map and photographs.
P. O. Box Z50, N. Wi~~:ESaoRO, NC 28659
PNONE [phone] Fax [phone]

Mr. Monte Matthews
SR 1127, Shawnee Road (MODIFICATION), Watauga
Page 2
July 31, 2007
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Pernut application with a copy sent to me.
By copy of this letter, 1 am forwarding seven (7) copies of this application package to John
Hennessy, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his review. It is
requested that any comments related to the 401 certification be forwarded directly to me with a
copy sent to the US Army Corps of Engineers.
If further information is required, please let me know. Your early review and consideration will
be appreciated.
Sincerely,
Heath Slaughter
Division Environmental Officer
Enclosures
cc: Monte Matthews, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessy, Division of Water Quality (7 copies)
Sue Homewood, Division of Water Quality
Mike Pettyjohn, PE, Division Engineer
Michael Poe, PE, District Engineer
Kevin Whittington, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer

Office Use Only' Form Version April 200i
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
^ Section 10 Permit
® 401 Water Quality Certification
^ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW #14 & #33 (1\'Iod)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: North, Carolina Department of Transportation
Mailing Address: P. O. Box 250 North Wilkesboro NC 28659
Telephone Number:~336) 903-9202 Fax Number: (336667-4549
E-mail Address: hslau~hter(a~dot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Heath Slaughter Division Environmental Officer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250 North Wilkesboro NC 28659
Telephone Number: (336903-9202 Fax Number: (336L667-4549
E-mail Address: hslau~hter(cr~dot state nc us
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundazies and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is cleazly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans aze
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1127, Shawnee Road
2. T.LP. Project Number (NCDOT Only): 110.095066
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Watauga Nearest Town: Bowers Gap
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached SR map.
5. Site coordinates, if available (UTM or Lat/Long):
11+75 DD: 36.18281°N, 81.84307° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Secondary Road
7. Property size (acres): Approximately 10.8 acres.
8. Neazest body of water (stream/river/sound/ocean/lake): UT to Shawneehaw Creek
(Class: C, Trout).
9. River Basin: Watauga
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12

10. Describe the purpose of the proposed work: Grade drain, base and have SR 1127.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, motor
rader and dum trucks.
l 2. Describe the land use in the vicinity of this project: Forest/Residential/Fazm
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
401 and 404 permit and one modification~reviously issued for this project (see attached).
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be cleazly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 5 of 12

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agencys (FEMA) Flood Insurance Kate Maps
(F[RM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at blip:/h~~~~w.lenta ~,av.
*** List a wetland type that best describes wetland to be impaled (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed:
2. Stream Im acts, includin all intermittent and erennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Leneth of
Impact
(linear feet)
Stream Name** Average
Width of
Stream Before
Im act perennial or
Intermittent?
(p p fy)
leases eci
Right side @
Station No. 11+75 pipe addition 30 feet UT #2 to Shawneehaw
Creek 3 feet Perennial

* List each impal separately and identify temporary impacts. Impals include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both strulure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, lc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. l1SGS maps are available through the USGS at 1-800-358-9616, or online at
~;~a~~.us~s.=ov. Several Internet sites also allow duel download and printing of USGS maps (e.g., ~~~~~r.topozone.com,
w~+~+~.maUucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 30 In. ft. (170 feet of additional
piping has already been permitted).
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba ,ocean, etc.
11+75 Temporary Dewatering 0.005 UT #2 to Shawneehaw
Creek Stream

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation. dredging.
flcx~ding, drainage. bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
V1I. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
By utilizing the erosion control- measures as shown in the attached drawings, adverse impacts to
streams in the area will be minimized. Since this is an existing roadway, the stream impacts
cannot be avoided. However, the replacement pipe lengths will be the minimum needed to
safely construct the paved roadway. All appropriate BMPs will be used during construction.
Page 7 of 12

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 lineaz feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment aze minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Cazolina, available at
htt p : //h2o. enr.state. nc. us/ncwetlands/strm~~ide. html .
I . Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
EEP.
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified eazly in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regazding the application
process for the NCWRP, check the NCWRP website at httva/h2o.cnr.siatc.nc.us/«rp/indc~.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): To be determined by COE.
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ^
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be cleazly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Page 9 of 12

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 3
2 1.5
Total
~ lone 1 extends out 30 feet perpendicular from near bank of channel; Lone Z extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Ripazian Buffer Restoration Fund). Please attach all appropriate information as
identified within I SA NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious surface area will increase by 0.43 acres. All appropriate best mana~eme_nt practices
for sediment and erosion control will be implemented during construction.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or dischazge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
Page 10 of 12

X1V. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

~ -~ 3/ d 7
Applicant/Agent's Signature
(Agent's signature is valid only if an authorizatio
n letter from Date
the applicant is provided.)
US Army Corp s Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
US Army Corps of Engineers
] 51 Patton Avenue
Room 208
Asheville, NC 28801-5006
Telephone: [phone]
Fax: [phone] Alexander
Avery
Buncombe
Burke
Cabarrus
Caldwell
Catawba Cherokee
Clay
Cleveland
Gaston
Graham
Haywood
Henderson Iredell Mitchell Union
Jackson Polk Watauga
Lincoln Rowan Yancey
Macon Rutherford
Madison Stanley
McDowell Swain
Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Page 11 of 12
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~~ NEW PIPE
STREAM NAME: UNNAMED TRIBUTARY TO SHAWNEEHAW CREEK
RATING: C-TR.
55'AVERAGE STREAM WIDTH
1
__________________________ _______________________________________
STA.Il+75 DRNEWAY
-------------------------- - -------------------------------------
1
NEW P/PE SIZE: 30' x 48' PIPE TO BE LAND ON A 90° SKEW WITH 6% FALL
NOTE: TEMPORARY EROSION CONTROL DEVICES NOT SHOWN.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200520129 200520130 County: Watauga
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: NCDOT
Attn: Mike Pettyjohn
Mailing Address: P.O. Box 250
North Wilkesboro, North Carolina 28659 Telephone No.: [phone]
Authorized Agent:
Mailing Address:
Telephone No.:
Location of property (road name/number, town, etc.): SR 1127 (Shawnee Road) located north of the intersection with
NC 194, north of Bowers Gap, in V1'atauga County, North Carolina. The project is located adjacent to unnamed
tributaries of Shawneehaw Creek.
Site Coordinates: 361046.77 °N 815036.08 °W USGS Quad: Valle Crucis
Waterway: UT of Shawneehaw River Basin: Watauga
HUC:
Description of projects area and activity (see page 2 for a summary of authorized impacts): Mechanized landclearing,
excavation and filling activities associated with the replacement of existing 60'x 36" CMP at station 09+60 with a
50'x 36" CMP, existing 30'x 18" CMP at station 29+30 with a 50'x 18" CMP, existing 50'x 30" CMP at station
38+10 with a 60'x 48" CMP, existing 40'x 18" CMP at station 40+40 with a 50'x 24" CMP, existing 30'x 36" CMP
at station 47+85 with a 50'x 48" CMP, existing 30'x 18" CMP at station 50+35 with a 50'x 24" CMP, existing 30'x
l8" CMP at station 56+00 with a 50'x 24" CMP, and existing 30'x 18" CMP at station 63+60 with a 50'x 18" CMP
ssociated with secondary road improvements from an unpaved surface to a paved surface. The project will
permanently impact 120 linear feet of previously unimpacted stream channel, temporarily impact total of 40 linear
feet of stream channel (at stations 38+10 and 40+40) during cofferdam construction and dewatering and 80 linear
feet of stream bank through the placement of rip rap for bank stabilization and energy dissipation. CONDITION:
All recommendations in the attached letter, from the North Carolina Wildlife Resources Commission dated
December Ol, 2004, are hereby incorporated as special conditions of this permit. Per your request of November 3,
2005, this verification is extended to March 18, 2007.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 14 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
tl~e modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
Page 1 of 2

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thoma at telephone [phone], ext 25.
Corps Regulatory Official ~ ~ Date: ]2/16/2004 Verification Expiration Date: 03/]8/2007
Copy Furnished:
Page 2 of 2

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT +~~ ? `j ~ ~-
Action ID. SA~'V-200520129 and 200520130 County: VVatau~a USGS Quad: Valle Crucis
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: NCDOT-Division 11
Address: PO Box 250
North Wilkesboro, North Carolina 28659
Telephone No.: 336-903-9202
Size and location of property (water body, road name/number, town, etc.): The project site is located on SRl 127
located north of the intersection with NC 194, near Bowers Gap, Watauga County, North Carolina and is
identified as State Project Number 110.095066. Aquatic features on site drain to Sha~yneeha~v Creek in the
Watauga River Basin.
Description of projects area and activity: This PERMIT )\10DIFICATION supercedes the original permit issued
under the same Action ID numbers, dated 12/16/2004. Mechanized landclearing, excavation and filling activities
associated with the replacement of existing 60'x 36" CMP at station 09+60 with a 50'x 36" Cl\1P, existing 50' x 48"
CMP at station 17+50 with hvo 70' x 48" C1\1Ps, existing 30' x 24" at station 18+25 ~yith a 50' x 24", existing 30' x
18" CMP at station 24+20 with a 50' x 24" CMP, existing 30'x 18" CMP at station 29+30 with a 50'x 18" CMP,
existing 50'x 30" CMP at station 38+10 with a 60'x 48" CMP, existing 40'x l8" CMP at station 40+40 with a 50'x
24" CMP, existing 30'x 36" CMP at station 47+85 with a 50'x 48" CMP, existing 30'x 18" C1~1P at station 50+35
with a 50'x 24" CMP, existing 30'x 18" CMP at station 56+00 with a 50'x 24" CMP, and existing 30'x l8" CIt1P at
station 63+60 with a 50'x l8" CMP ssociated with secondary road improvements from an unpaved surface to a
paved surface. The project will permanently impact 120 linear feet of previously unimpacted stream channel,
temporarily impact total of 40 linear feet of stream channel (at stations 38+10 and 40+40) during cofferdam
construction and dewatering and 80 linear feet of stream bank through the placement of rip rap for bank
stabilization and energy dissipation. CONDITION: All recommendations in the attached letter, from the North
Carolina Wildlife Resources Commission dated February 6, 2007, is hereby incorporated as special conditions of
this permit. In addition, the original letter from the North Carolina Wildlife Resources Commission dated
December O1, 2004, will still remain as a special condition of this permit. Total impacts associated with this permit
are now 170 linear feet due to pipe expansion, 120 linear feet (0.006-acre) of temporary impact from bank
stabilization (rip-rap), and 0.044-acre of temporary stream impacts from dewaterin~. Mitigation is required for
the impacts at station 17+50 (see Permit Condition below).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. [t is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any N W P.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
Page 1 of 2

2
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Monte Matthews.
Permit Conditions:
1. All recommendations in the attached letter, from the North Carolina Wildlife Resources Commission
dated February 6, 2007, are hereby incorporated as special conditions of this permit. [n addition, the original
letter from the North Carolina Wildlife Resources Commission dated December 1, 2004, remains as a condition
of this permit.
2. The unavoidable impacts to cold water streams resulting in the permanent loss of 20 linear feet of cool
water streams associated with this project shall be mitigated by NCDOT by providing 20 linear feet of restoration
equivalent cold water stream length, in the Watauga River basin (Hydrologic Cataloging Unit 06010103). Based
on your application, you intend to utilize the Ecosystem Enhancement Program (EEP) as recommended in our
letter dated September 1, 2004 from Mr. Ken Jolly to Dr. Gregory J. Thorpe.
Until tl~e Corps receives a confirmation letter from EEP that EEP is willing to provide mitigation for this project,
NCDOT is responsible for this mitigation requirement. [f the Corps has not received confirmation from EEP
within 150 days of the date of this verification, NCDOT shall provide plans to accomplish the required mitigation
to the Corps of Engineers within 210 days of the date of this verification.
Corps Regulatory Official: Monte Matthews u-~(. Date: 1~1arch 14, 2007
Expiration Date of Verification: March 18, 2007
Page 2 of 2

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Michael F. Easley, Governor
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0 ,~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 21, 2005
Watauga County
DVVQ Project No. 04-1905
SR 1127 (Shawnee Rd)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts
in order to widen, pave and improve traffic safety on SR 1127 (Shawnee Rd) in Watauga County.
190 linear feet of new piping impacts to eight (8) unnamed tributaries to the Shawneehaw Creek (110 feet of new pipe
and 80 feet of rip-rap);
Temporary dewatering impacts of approximately 0.003 (total) acres at stations 38+10 and 47+85.
The project shall be constructed in accordance with your application dated November 17, 2004 (received November 29,
2004). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. 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 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.
NCDOT will adhere to the requests made in the attached letter from the NCDENR Division of Parks and
Recreation in order to reduce long-term impacts to the adjacent Beech Creek Bog.
Shawneehaw Creek and its tributaries are classified as Trout waters. NCDOT shall strictly adhere to the Best
Management Practices for the Protection of Surface Waters (NCDOT August 2003) and Sedimentation and
Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)] throughout design and
construction of the project.
Instream work and land disturbance within the 25 foot wide buffer zone are prohibited during the brown and
brook trout spawning season of October 15 through April 15 to the egg and fry stages of trout from off-site
sedimentation during construction.
No ~ Carolina
~turally
North Carolina Division of Water Quali[y 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
March 21, 200
D~VQ# 04-1905
Page 2
4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design /tifanual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Rlanual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface l~fining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
~. No waste, spoil, solids, ar fill of any kind shall occur in «~etlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shalt be
performed so that no violations of state water quality standards, statutes, or rules occur.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the completion of the project.
7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
8. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow.
9. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater
than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established
in the culvert following installation and to provide aquatic life passage during periods of low flow. These
measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced,
and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow
through without freefalling or damming on either end of the culverts during low flow conditions, to maintain
aquatic life and/or fish passage.
10. Due to extreme slopes present at stations 38+10, 40+40, and 47+85, these pipes will not be buried as indicated
above, but an energy dissipater pads will be placed in the channel below the pipe outlet to reduce scour as
appropriate.
11. The dimension, pattern and profile of the stream above and below any crossing should not be modified by
widening the stream channel or reducing the depth of the stream.
12. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
13. 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.
14. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will
lessen the chance of altering the stream's water chemistry and causing a fish kill.

~'Ir. Mike Pettyjohn, P.E.
~farcii 21, 2005
~DWQ# 04-190
Page 3
15. 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.
16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic lluids, or other toxic materials.
17. 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.
18. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
19. All work shall be performed during low flow conditions.
20. 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 Sue Homewood at 336-771-4600 extension 287 or at [e-mail].
Sincerely,
/~~~
Alan W. Klimek, P.E.
r
Attachment
ec: Wilmington District Corps of Engineers
John Thomas, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
Wetlands/401 Unit
Winston Salem Regional Office
Central Files
~; ;, -1

Mr. Mike Pettyjohn, P.E.
March 21, 2005
DWQ# 04-1905
Page 4
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, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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

~F W ATF9 Michael F. Easlcy, Governor
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r., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Alan W. Klimek, P.E. Director
Division of Watcr Quality
February 16, 2007
Watauga County
DWQ Project No. 04-1905 modification
SR 1127 (Sha~mee Rd)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts in order to
widen, pave and improve traffic safety on SR 1127 (Shawnee Rd) in Watauga County. This modification allows for three additional
pipe replacements than originally approved in the DVl%Q certification dated March 21, 200 to allow for as a result of recent right of
way acquisition.
• 290 linear feet of new piping impacts to eleven (11) unnamed tributaries to the Shawneehaw Creek (170 feet of new pipe and 120
feet of rip-rap);
• Temporary dewatering impacts of approximately 0.044 (total) acres at all pipe locations.
The project shall be constructed in accordance with your modification application dated February 2, 2007, and in accordance with
your original application dated November 17, 2004 and approved March 5, 2005. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of
Engineers Nationwide Pemut Numbers 14 and 33 respectively. 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 federal permit. This condition supercedes,
condition No. 19 in the General Certification 3404 and condition No. 12 in the General Certification 3366.
This approval is valid solely for the purpose and design described in your 2pplication (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.
1. NCDOT will adhere to the requests made in the attached letter from the NCDENR Division of Parks and Recreation in order
to reduce long-term impacts to the adjacent Beech Creek Bog.
2. Shawneehaw Creek and its tributaries are classified as Trout waters. NCDOT shall strictly adhere to the Best Management
Practices for the Protection of Surface Waters (NCDOT August 2003) and Sedimentation and Erosion Control Guidelines for
Sensitive Watersheds [ 15A NCAC 4B .0124 (a)-(e)] throughout design and construction of the project.
3. Instream work and land disturbance within the 25 foot wide buffer zone are prohibited during the brown and brook trout
spawning season of October 15 through April I S to the egg and fry stages of trout from off-site sedimentation during
construction.
NotihCarolina
,J1 afurally
North Carolina Division of Water Quality X85 Waughtown Street ('hone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone] I-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
February 16, 2007
DWQ# 04-1905 modification
Page 2
4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design.
installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in
accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design
Mantutl.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they
equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in
accordance with the most recent version of the North Cnrolina Surface Mining Monurrl.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act.
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 be located in wetlands or streams, compensatory mitigation
will be required since that is a direct impact from road construction activities.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the completion of the project.
7. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
8. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the
purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated
buffers is strongly discouraged, so that they maybe utilized for stormwater sheet flow.
9. Where practical, 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 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 down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by
DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required.
10. Due to extreme slopes present at stations 17+50, 18+25, 24+20, 38+10, 40+40, and 47+85, these pipes will not be buried as
indicated above, but an energy dissipater pads will be placed in the channel below the pipe outlet to reduce scour as
appropriate.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most
current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and
other diversion structures shall be used to prevent excavation in flowing water.
12. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
13. The use of rip-rap above the Norma] 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.
14. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters
due to the potential for elevated pH and possible aquatic life and fish kills.
15. 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.
16. 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.
17. 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.

Mr. ~;ike Pettyjohn, P.E.
l~ebruary 16, 2007
DWQ# 04-1905 modification
Page 3
18. 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.
19. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be
provided.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification.
22. 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 wzitten 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 Sue Homewood at 336-771-4964 or at Sue.Homewood~ncmail.net.
Sincerely,
• !~
Alan W. Klimek, P.E.
Attachment
cc: Monte Matthews, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
DWQ 401 Transportation Permitting Unit
DWQ Winston Salem Regional Office
DWQ Central Files

Mr. Mike Pettyjohn, P.E.
February 16, 2007
DWQ# 04-1905 modification
Page 4
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,
1621 Mail Service Center, Raleigh, N'C, 27699-1621. 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
'l'ater 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