20130165 Ver 1_Approval Letter_20130311

AL �_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor. Director Secretary
March 11,2013
- Alleghany County
. NCDWQ Project No. 20130165,
revised
SR 1310
State Project No: 11C.003087
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 1310 (Deacon Road) in Alleghany County:
fitream Imnaetc in the New Riw.r Rasin
Site
(Sta. No.)
Permanent Fill in
Perennial Stream
(linear ft)
Temporary Fill in
Perennial Stream
(linear ft)
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
linear ft
1(11+79)
23
40
63
3
2(14 +64)
49
40
89
29
3(28+40)
24
40
64
0
4(28+86)
30
40
70
0
5(38 +78)
19
40
59
0
6(43+87)
25
40
65
0
7 (10 +60- 11 +50)
90
40
130
90
8 (14+70= 15+70).
100
40
140
100
Total
360
320
680
222
Total Stream Impact for Project: 680 linear feet.
Wetland Imnaets in the New River Rasin
Site
Sta. No.
Fill..
ac
Fill (temporary)
ac
Excavation
ac
Total Wetland
Impact ac
1 29 +25- 29 +64)
.0,047
0.047
2 (44 +25- 44 +50)
0.018
0.018
Total
0.047
0.618
0.065
Total Wetland Impact for Project: 0.065 acres..
The project shall be constructed in accordance with your application dated received February 20, 2013 with
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St Winston - Salem, North Carolina 27107 One t 1
Phone: 336 - 771 -50001 FAX: 336- 771A6361 Customer Service: 1- 877 - 623 -6748 NOI�thCarohna
intemet: wwuv.ncwaterquality.org 'jj�7�tr,��� /ff
An Equal Opportunity 1 Affirmative Action Employer �/ Yl `

additional information dated received February 26, 2013 and March 5, 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 I 5 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. Due: to steep slopes and/or bedrock, pipe burial.is not required at site numbers i and 2.
2. 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 February 26, 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.
3. NCDOT shall be in compliance with the NCS00250 issued to the DOT, including the applicable
requirements of the NCGO1 listed here:
http:l /www.ncdot.gov /doh/operations /dp chief eng/ roadside /fieldops/ downloads /Files/NCGOlfmalsignedg
uidanicel 1172011.pdf . Please note the extra protections for the sensitive watersheds.
4. 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. .
5. For projects impacting waters classified by the. NC Environmental Management Commission as Outstanding
Resource Water (ORW), 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.
General Conditions
I . 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.
2. 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.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
4. 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.
5. 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.
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface .
waters is prohibited.

7. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
S. 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 oimite project manager.
9: 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:
10. 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.
11. The Permittee, shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
d 12. Upon . completion of the project (including any impacts at associated Sorrow 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.
13. 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.
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
1 borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
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 Presnell, General Counsel
Department of Enviromnent 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.culiss @ncdenr.gov:
Sincerely,
Charles Wakild
/ Director
Attachment: General Certification no. 3886 (penhittee only)
cc: Heath Slaughter, Division 11 Enviromnental Officer (electronic copy only)
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)

. NCDENR
North Carolina. Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
NCDWQ Project No.:. County:
1
Applicant:
Project Name:
Date of Issuance of 401 Water Quality. Certification:
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: Date:
Agent's Certification
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: Date:
Engineer's Certification
Partial Final
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: 1-877-623-6748 NorthCaroflna
Internet: wwwmwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer