20071242 Ver 1_Approval Letter_20070817

O~O~ W AT ~9pG
~ ~
~ _~.-"I
~ `~ ~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 17, 2007
Surry County
DWQ Project No. 07-1242
US 601
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 realign a portion of Cody Creek along US 601 in Surry County.
• 100 feet of channel relocation (loss of 10 feet of channel due to relocation alignment); and
• a total of 0.022 acres of temporary impacts from dewatering during channel relocation.
The project shall be constructed in accordance with your application dated July 17, 2007. After reviewing your.
application, we have decided that this fill is covered by General Water Quality Certification Nos. 3627, corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Numbers 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 will expire with the accompanying 404 federal
permit. This condition supercedes condition No. 19 in the General Certification 3627.
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.
1. The NCDOT Division 11 Environmental Officer shall be onsite during the relocation of the stream channel.
2. All channel relocations will be constructed in a dry work area and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized prior to diverting water into the new
channel.
3. To the maximum extent practical, existing streambed material will be relocated into the new channel.
4. The permittee shall visually monitor the stream relocation to assess and ensure stabilization of the new
channel. The monitoring shall be conducted at least one time within a year of installation and after
significant vegetation growth and one or more significant storm events has occurred.
None Carolina
~atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
August 17, 2007
DWQ# 07-1242
Page 2
5. 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 Manual.
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 Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
6. 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.
7. 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.
8. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
cats be provided.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
17. 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.

Mr. Mike Pettyjohn, P.E.
August 17, 2007
DWQ# 07-1242
Page 3
18. 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 336-771-4964 or at [e-mail].
Sincerely,
K~~/ ~,i.~--
Coleen H. Sullins,
`~ Director
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