20121050 Ver 1_Approval Letter_20121121

NENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE Dee Freeman
Governor Director Secretary
November 19, 2012
Watauga County
NCDWQ Project No. 20121050
SR 11280
State Project No. 110.095094
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Division Environmental Officer
NCDOT, Division 11
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the conditions listed below, for the fallowing impacts for the
purpose of paving SR 11280 (Andy Hicks Road) in Watauga County:
Stream Impacts in the Watauga River Basin
Site no. (Sta. No,)
Permanent Fill in
Temporary
Total
Stream
Perennial Stream (linear
Fill in
Stream
Impacts
ft)
Perennial
Impact
Requiring
Stream
(linear ft)
Mitigation
linear ft
linear ft
1(88+00)
30 (20 pipe, 10 rip rap)
40
70
0
2(91+90)
30 (20 pipe, 10 rip rap)
40
70
0
60 (40 pipe, 20 rip rap)
80
140
0
Total
Total Stream Impact for Project; 140 linear feet.
The project shall be constructed in accordance with your application dated received. November 14, 2012.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 3886. 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 put-pose 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,
North Carolina Division of Water Quality„ Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] NorthCaro inn
Internet: www.ncwaterquality.org Naturally
An Equa9 Opportunity l Affirmative Action Employer

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. This project has the potential to impact trout waters or other aquatic species of concern. No
construction activities shall begin until the North Carolina Wildlife Resource Commission
( NCWRC) makes a determination regarding moratoria. Should the NCWRC determine that a
moratorium is applicable, then the requirements of any moratorium shall be a condition of this
401 certification.. If DOT does not wish to honor the moratorium, then a written modification
shall be requested.
2. For projects impacting waters classified by the NC Environmental Management Commission as
Trout (Tr), High Quality Waters (HQW -ORWs are a subset of HQW), or Water Supply I or II
(WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other
means appropriate to the site for the purpose of pre - treating storm water runoff prior to discharging
directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
4. 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.
5. 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.
6. 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.
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
8. 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.
9. 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.
1.0. 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.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
13. 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.
14. 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.
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: (919) - 733 -2698, 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 (336) 771 -4959.
Sincerely,
r
%f Charles Wakild
Director
Attachments [General Certification (permittee only) and Certificate of Completion form]
Cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Maria Chambers, NC Wildlife Resources Commission (electronic copy only)
Wetlands/401 Transportation Permitting unit (electronic copy only)
File Copy

4
North Carolina department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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
Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650. This form may be returned to NCDWQ 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
Dee Freeman
Secretary
1, , 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:
Agent's Certification
Date:
1, , 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:
Engineer's Certification
Partial Final
Date:
1, , 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
Date
North Carolina Division of Water Quality, Winston -Salem Reg lonat office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: [phone] FAX: 336 - 7714630
Internet: www.ncwaterquality.org
An Equal opportunity 1 Affirmative Action Employer
Registration No.
One
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