20120136 Ver 1_Approval Letter_20120220

AG'
NC®ENR,
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
February 20 2012
Alleghany County
NCDWQ Project No 20120136
SR 1403
State Protect No 1 IC 003074
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDI rIONAL CONDITIONS
Mr Ileath Slaughter Division Environmental Officer
NCDOT Division l I
PO Box 250
North Wilkesboro NC 28659
Dear M► Slaughter
Dee Freeman
Secretary
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
paving SR 1403 (Independence Road) in Alleghany County
'- Rtroom Imnartc in the New River Basin
Situ,
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear ft)
(linear ft)
(Imeat ft)
(linear ft)
(linear ft)
Requiring
Mitigation
linear ft)
1
20
40
60
0
20
40
60
0
Total
Total Stream Impact for Project 60 linear feet
The ptoject shall be constructed in accordance with your application dated received February 9 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Number 3820 This certifi cation 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 foi the purpose and design described in your application (unless modified below)
Should your project change you must notify the NCDWQ and subunit 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 futuie) 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
1 During the construction of the protect no staging of equipment of any kind is permitted in waters of the
U S or protected riparian buffers
North Carolina Division of Water quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone [phone] \ FAX 336 771A630
Internet www rimaterquality org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarohna
Naturtilly

2 The dimension pattern and profile of the stream above and below the ctossi ng shall not be modified
Disturbed floodpllms and streams shall be restored to natural geomorphic conditions
3 The use of tip tap above the Normal High Water Mark shall be minimized Any rip tap placed for sucanm
stabilization shall be placed in stteam channels in such 1 mannet that it does not impede aquitic life
passage
4 The Pernmttee shall ensute that the final design drawings adhere to the pet mit vrd to the pet mit drawings
submitted for approval
5 All work in or adjacent to stream waters shall be conducted in a city work area Approved BMP me- inures
from the most cut rent version ofNCDOf Constiuetion and Maintenance Activities manual such rs
sandbags rock berms cofferdams and other diversion structures shall be used to p ►event excavation in
flowing water
6 Heavy equipment shall be operated from the banks rather than in the stteam clr-innel in order to nunrmize
sedimentation and reduce the introduction of other pollutants into the stream
7 All mecham7ed 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 m -iter ►als
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 A copy of this W itei Quality Certification shall be maintained on the construction site at 11l times In
addition the Water Quality Certification and all subsequent modifications if any shall be maintained with
the Division Fngineer and the on site project manager
11 The outside buffer wetland or watet boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing pi for to any land disturbing activities
Impacts to areas within the fencing are prohibited unless other wise authoneed by this certification
12 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 fo► an administrative
hearing You may obtain the petition form from the office of Admnmstiative 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 to the office of Administrative Hearings during normal office hours fhe 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 I learings
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 Marl 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 Luliss at [phone]
Sincerely
Chailes Wakild
Y Director

Attachment (permittee only)
Cc Monte Matthews US Army Corps of Engineers Raleigh Field Office (electronic copy only)
Dave McHenry NC Wildlife Resources Commission
Wetlands /401 Transportation Permrttin£, Unit
File Copy