20110950 Ver 1_Approval Letter_20120203

NCDENR
Nor}h Carolina Department of Environment and Natural Resources
Divis on of Water Quality
Beverly Eaves Perdue C' arles WaKdd P E
Governor Director
February 3 2012
Alleghany County
NCDWQ Project No 2011 0950
(Bridge No 9) US 221
TIP B 4406
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Greg Thorpe PhD Manager
NCDOTPDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
Dee Freeman
Secretary
You have our approval in accordance with the conditions listed below for the following impacts for the
purpose of replacing Bridge No 9 over Prather s Creek on US 221 in Alleghany County
Stream Im acts in the New River Basin
Site
Permanent Fill
Temporary Fill in
Permanent Fill in
Temporary Fill
Total Stream
Stream
Total Wetland
in Intermittent
Intermittent
Perennial Stream
in Perennial
Impact
Impacts
Bridge
Stream (linear
Stream (linear ft)
(linear ft)
Stream (linear ft)
(linear ft)
Requiring
(ac)
ft)
ac
MLtigation
1
001
linear ft
1
005
97
006
97
0
2
005
99
60
159
0
196
60
256
0
Total
Total Stream Impact for Project 256 linear feet
Wetland Im>7acts in the New River Basin (riverme)
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total Wetland
(ac)
(temporar
(ac)
Clearing (ac)
Clearing
Bridge
Impact (ac)
Y)
(ac)
(ac)
ac
1
001
005
006
001
005
006
Total
Total Wetland Impact for Protect 0 06 acres
North Carolina Division of Water Quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone [phone] \ FAX [phone]
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

The project shall be constructed in accordance with your application dated received October 25 2011
with additional information dated received January 30 2012 After reviewing your application we have
decided that these impacts are covered by General Water Quality Certification Numbers 3689 3701 and
3688 These certifications correspond to the Nationwide Permit 13 23 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
f / 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
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 4B 0124(a) (e)]
in areas draining to Tr 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 Native riparian vegetation must be reestablished in the riparian areas within the construction limits
of the project by the end of the growing season following completion of construction
4 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
5 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification
6 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401
Water Quality Certification
7 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across
the bridge and pre treated through site appropriate means (grassed swales pre formed scour holes
vegetated buffers etc ) before entering the stream Please refer to the most current version of
Stormwater Best Management Practices
8 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically betting or other methods of pile driving are prohibited
without prior written approval from NCDWQ first
9 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter
surface waters This water shall be captured treated and disposed of properly
10 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
11 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

� l
� p
' General
Protect Conditions
12
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
13
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval
14
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
15
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
16
No rock sand or other materials shall be dredged from the stream channel except where
authorized by this certification
17
Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
18
State or federal law is being violated or that further conditions are necessary to assure compliance
NCDWQ may reevaluate and modify this certification
19
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
20
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
21
The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery
22
Upon completion of the project (including any impacts at associated borrow or waste sites) the
NCDOT Division Engineer shall complete and return the enclosed Certification of Completion
Form to notify NCDWQ when all woik included in the 401 Certification has been completed
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 OOam and 5 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 [phone]
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

f
rib �
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water j
Act If you have any questions please contact Amy Euliss at [phone]
Sincerely
411
Charles Wakild
Director
Attachments (GCs 3689 3701 and 3688)
cc w /out attachments
Monte Matthews US Army Corp Raleigh Field Office e copy
Heath Slaughter Division l lEnvironmental Officer e copy
Marla Chambers NC Wildlife Resources Commission
Wetlan� ds/ 401 Transportation - Permitting "Unit
File Copy