20080865 Ver 1_Approval Letter_20080604

O?0F W ATFgPG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Coleen Sullins, Director
Division of Water Quality
June 4, 2008
Surry County
DWQ Project No. 08-0865
Neal Road (SR 1403)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
North Carolina Department of Transportation
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts
for a pipe replacement on Bryan Road.
• 23 linear feet of new piping impacts to Unnamed Tributary Number 1 to Hatchers Creek (13 feet of new pipe and
10 feet of rip rap);
• 20 linear feet of new piping impacts to Unnamed Tributary Number 2 to Hatchers Creek (10 feet of new pipe and
10 feet of rip rap);
• Temporary dewatering impacts.
The project shall be constructed in accordance with your application dated May 14, 2008. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification No. 3704, corresponding to
the U.S. Army Corps of Engineers Nationwide Pen-nit Number 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 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.
At all stream crossing locations, 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
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107
None Carolina
?tumIly
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Mike Pettyjohn, RE
June 4, 2008
DWQ# 08-0865
Page 2
DWQ for guidance on how to proceed and to determine whether or not a modification to this certification will be
required.
2. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings submitted
for approval.
3. 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.
4. 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.
5. 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.
6. No rock, sand, or other materials shall be dredged from the stream channel except where authorized by this
cert ification.
7. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
8. All work shall be performed during low flow conditions.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours.
11. 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 Amy Euliss at 336-771-4959 or at [e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Attachment
cc: Monte Matthews, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office