20110257 Ver 1_Approval Letter_20110328

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NCDENR '
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
March 28, 2011
Alleghany County
NCDWQ Project No. 20110257
SR 1134
State Project No. I IC.003070
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, P.E., Division Engineer
NCDOT, Division 11
PO Box 25201
Raleigh, NC 27611-5202
Dear Mr. Pettyjohn:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of paving SR 1134 (Harold Road) in Alleghany County:
Stream Impacts in the New River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill . Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
ft) Mitigation
linear ft
S1 30 40 70 0
S2 30 40 70 0
60 80 140 0
Total
Total Stream Impact for Project: 140 linear feet.
The project shall be constructed in accordance with your application dated received March 17, 2011.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 3820. This certification corresponds to the Nationwide Permit 14 issued by
the Corps of Engineers. 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. '
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 NCDWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, 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 of 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
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtom St. Winston-Salem, North Carolina 27107
Phone: [phone] \ FAX: [phone] Customer Service: 1.877-623-6748
Internet: www.ncwaterquality.org
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NorthCarohria
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An Equal Opportunity 1 Affirmative Action Employer
approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any
additional conditions listed below.
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Condition(s) of Certification:
Project Specific Conditions
1. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the
trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout.
2. The permittee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)j
in areas draining to Trout waters. However, due to the size of the project, NC DOT shall not be
required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be
planted on all bare soil within 15 business days of ground disturbing activities to provide erosion
control.
3. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting
shall be used in conjunction with an appropriate native seed mix on disturbed soils within the
riparian area and on disturbed steep slopes with the following exception. Erosion control matting
is not necessary if the area is contained by perimeter erosion control devices such as silt fence,
temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes,
or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas
shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the
establishment of temporary groundcover within riparian areas, hydroseeding along with wood or
cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed
mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are
defined as a distance 25 feet landward from top of stream bank. °
4. For the 80 linear feet of streams being impacted due to site dewatering activities, the site shall be
graded to its preconstruction contours and revegetated with appropriate native species.
5. 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.
6. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
7. 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.
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
12. A copy of this Water Quality Certification shall be maintained on the construction site at all times.
In addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the Division Engineer and the on-site project manager.
13. The outside buffer, wetland or water boundary located within the construction corridor approved by
this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification.
14. The issuance of this certification does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e.
local, state, and federal) havingjurisdiction, including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
15. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 [phone].
Sincerely,
Coleen H. Sullins
Director
Cc: Heath Slaughter, Division 11 Environmental Officer
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Ron Linville, NC Wildlife Resources Commission, e-copy only
Wetlands/? _401_Transportation.Permitting,Unit,
File Copy