20130063 Ver 1_Approval Letter_20130130

Mr. Heath Slaughter
Division 11 Environmental Supervisor
North Carolina Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Slaughter:
PROGRAM
January 29, 2013
Subject: EEP Mitigation Acceptance Letter:
SR 1111 Improvements, Ashe County, WBS Number 11C.005138
The purpose of this letter is to notify you that the'Ecosystem Enhancement Program (EEP) will provide the
compensatory stream mitigation for the subject project. Based on the information supplied by you on January 23,
2013, the impacts are located in CU 05050001 of the New River basin in the Northern Mountains (NM) Eco-
Region, and are as follows:
New
05050001
NM
Stream
Wetlands
Buffer (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-
Riparian
Coastal
Marsh
Zone 1
Zone 2
Impacts
(feet/acres)
220
0
0
0
0
0
0
0
This impact and associated mitigation need were under projected by the NCDOT in the 2012 impact data.
EEP will commit to implement sufficient compensatory stream mitigation credits to offset the impacts associated
with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of the
N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument
dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will
no longer be valid and a new mitigation acceptance letter will be required from EEP.
If you have, any questions or need additional information, please contact Beth Harmon at 919-707-8420.
Sincerely,
C\ leNka
Suzd ie Klimek
EEP Acting Director
cc: Mr. Monte Matthews, USACE — Raleigh Regulatory Field Office
Ms. Amy Euliss, Division of Water Quality, 401 Unit
Ms. Linda Fitzpatrick, NCDOT — PDEA
File: SR 1111 — Division 11
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NCDENR
North Carolina Ecosystem Enhancement Program„1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-707-8976 / http://portal.ncdenr.org/web/eep

Pat McCrory
Governor
*A
KNEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
John E. Skvarla, III
Secretary
January 30, 2013
Ashe County
NCDWQ Project No. 20130063
SR 1111
State Project No. I1C.005138
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, P.E., Division Engineer
NCDOT, Division 11
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing paving SR 1111 (Big Flats Church Road) in Ashe County:
Stream Imnacts in the New River Basin
Site
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)
(linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
linear ft
1
220 1
40
260
220
220
40
260
220
Total
Total Stream Impact for Project: 220 Unear feet.
The project shall be constructed in accordance with your application dated received January 23, 2013 with additional
information dated received January 30, 2013. 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 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:
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: 336 - 77146301 Customer Service: 1-877-623-6748
Internet: www.nowaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
None Carolina
N turally

Project Specific Conditions
1. Due to steep slopes, pipe burial is not required.
Compensatory mitigation for 220 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP
has indicated in a letter dated January 29, 2013 that they will assume responsibility for satisfying
the federal Clean Water Act compensatory mitigation requirements for the above - referenced
project, in accordance with the EEP Mitigation Banking Instrument signed July 28, 2010.
The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in -water work
is permitted between October 15 and April 15 of any year, without prior approval from the NC Division of
Water Quality and the NC Wildlife Resources Commission.
The permittee shall use /Design Standards in Sensitive Watersheds /[15A NCAC 4B.0 124(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 meet the requirements of the listed in the
applicable requirements of the NCGO1 listed here:
http:// www. ncdot .gov /doh/operations /dp_chief eng/ roadside /fieldops/ downloads /Files/NCGOlfmalsignedg
uidance11172011.pdf.
5. 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.
General Conditions
1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
2. 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.
3. 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.
4. 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.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version ofNCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.

7. 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.
8. 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.
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
11. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State -and Federal law. If NCDWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, NCDWQ may
reevaluate and modify this certification.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, 'unless otherwise
authorized by this certification..
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 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.
16. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
17. 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 work included in the 401 Certification has been completed.
18. 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.
19. 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.
20. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.

b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
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) -431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presneil, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 or amy.euliss @ncdenr.gov.
Sincerely,
..0 .-Charles Wakild
_C Director
cc: Heath Slaughter, Division 11 Environmental Officer (electronic copy only)
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission, (electronic copy only)
Wetlands/401 Transportation Permitting Unit (electronic copy only)
File Copy

YNX
- AMA
KNEW
North Carolina Department of Environment and Natural Resources
Divislon of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
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
I, , 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:
I, , 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:
I, , 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 Registration-No.
Date
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: 336 - 771 -50001 FAX: [phone] Customer Service: 1.877623.6748 NlofthCarolina
Internet: www.ncwaterquality.org atu a /s/
An Equal Opportunity 1 Affirmative Action Employer ! `!�