20041905 Ver 2_Approval Letter_20070216

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
f ~°'~r February 16, 2007
`~~'`~`~` =~,, Watauga County
DWQ Project No. 04-1905 modification
~~~ ~~~ SR 1127 (Shawnee Rd)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Erigineer, Division 11
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
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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 DWQ certification dated March 21, 2005 to allow for as a result of recent right of
way acquisition.
• 2901inear 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 Permit 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 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 maybe 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 ni 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.
~ne Carolina
tura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone]
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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
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.
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 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.
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.

NIr. Mike Pettyjohn, P.E.
'.' February 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 pernuttee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with §3.03(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 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,
- !~
Alan W. Klimek, P.E.
Attachment
cc: Monte Matthews, USAGE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
DWQ 401 Transportation Permitting Unit
DWQ Winston Salem Regional Office
DWQ Central Files

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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, NC, 27699-1621. This form maybe 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