20110231 Ver 1_Approval Letter_20110407

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
April 7, 2011
Watauga County
NCDWQ Project No. 20110231
Bridge 33 on SR 1335
TIP no. B-3924
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Greg Thorpe, PE
NCDOT,PDEA
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing Bridge No. 33 in Watauga County:
Stream Impacts in the New River Basin
Site Permanent Fill in Temporary Total Stream Stream
Perennial Stream Impacts in Impact Impacts
(linear ft) Perennial Stream (linear ft) Requiring
(linear ft) Mitigation
linear ft
1 72 26 98 0
Total Stream Impact for Project: 98 linear feet.
The project shall be constructed in accordance with your application dated received March 10, 2011 with
additional information received April 7, 2011. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Numbers 3689 and 3688. This
certification corresponds to the Nationwide Permit 13 and 33 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
approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any
additional conditions listed below.
North Carolina Division of Water Quality 585 Waughtown Street
Internet wanv.nexaterquality.org Winston-Salem, NC 27107
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Additional Condition(s) of Certification:
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. For the 26 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.
3. 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.
4. 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.
5. 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.
6. 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.
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. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
.10. State or federal law is being violated, or that further conditions are necessary to assure compliance,
NCDWQ may reevaluate and modify this certification.
11. 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.
12. 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) having jurisdiction, including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
13. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
14. 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, 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
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 S:OOpm, 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
Marla Chambers, NC Wildlife Resources Commission, e-copy
NCDWQ Wetlands/40:1-Transportation.P.ermittingUnit':1
File Copy