20081176 Ver 1_Approval Letter_20080811

~0F w A rFno Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality

August 11, 2008
Alleghany County
DWQ Project No. 08-1176
Alex Woodruff Road (SR 1401)

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 Alex Woodruff Road.
• 18 linear feet of new piping impacts to Unnamed Tributary 1 to New River (8 feet of new pipe and 10
feet of rip rap);
• 25 linear feet of new piping impacts to Unnamed Tributary 2 to New River (15 feet of new pipe and 10
feet of rip rap);
• 0.049 acres of wetland fill; and
• Temporary dewatering impacts.

The project shall be constructed in accordance with your application dated July 28, 2008. After reviewing your
application, we have decided that the fills are covered by General Water Quality Certification No. 3704,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit 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.

1. NC DOT shall use /Design Standards in Sensitive Watersheds / [15A NCAC 4B .0124(a)-(e)] for the
entire project. However, due to the size of the project, NC DOT shall not be required to meet 15A

Nose Carolina
Iyatura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
August 11, 2008
DWQ# 08-1176
Page 2

NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat,
millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within
15 working days of ground disturbing activities to provide long-term erosion control. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and
riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain
vegetative cover. Matting shall be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
2. At station 11+30, if floodplains are constructed, they should be installed such that widening of the
stream channel is avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts
aquatic life passage.
3. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
4. 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.
5. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this certification without appropriate modification. Should waste or borrow sites, or access roads to
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. 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.
7. 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.
8. No rock, sand, or other materials shall be dredged from the stream channel except where authorized by
this certification.
9. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic
conditions can be provided.
10. All work shall be performed during low flow conditions.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours.
13. 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.

Mr. Mike Pettyjohn, P.E.
August 11, 2008
DWQ# 08-1176
Page 3

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 9, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office

Mr. Mike Pettyjohn, P.E.
August 11, 2008
DWQ# 08-1176
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, 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
1, , 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, 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