20130423 Ver 1_Approval Letter_20130429

Pat McCrory
Governor
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Charles Wakild, P. E. John E. Skvarla, III
Director Secretary
April 29, 2013
Yadkin County
NCDWQ Project No. 20130423
SR 1362
State Project No. 11C.099077
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
paving SR 1362 (Waterwheel Rd) in Yadkin County:
Rtream Imnnetc in the Vndkin Rivor Racin
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. fit
1
25
40
65
0
25
40
65
0
Total
1 oral stream impact ror rroject: 65 linear feet.
The project shall be constructed in accordance with your application dated received April. 17, 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.
Transportation and Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -9617 NorthCaro11IIa
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 f ®yr�p
Phone: [phone] FAX: [phone] ;Vatm allff .
Internet: www.ncwaterouality.or
An Equal Opportunity l Affirmative Action Employer

Condition(s) of Certification:'
Project Specific Conditions
1. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any.applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species.
2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage of water. and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result
in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if .
requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required.
General Conditions
3. 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.
4. 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.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
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. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
1 1. 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.
12. 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.
13. The Perinittee 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 (l) 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

:I
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
:J Mr. Lacy Presnell, General Counsel
J 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 Euhss at (336) 771 -4959 or amy.euliss @ncdenr.gov.
I
Sincerely,
° Charles Wakild
° Director
cc: Heath Slaughter, Division l l Environmental Officer
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers; NC Wildlife Resources Commission (electronic copy only)
Transportation.Permitting Unit (electronic copy only)
File Copy .

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:
Applicants
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 -
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:
Engineer's Certification
Partial Final
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
Transportation and Permitting Unit One 1
1650 Mail Service Center, Raleigh, North Carofina 27699 -9617 NorthCarol ina
Location: 512.N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]Ww ally
Internet: www.hcwateraualitv.ora
An Equal Opportunity l Affirmative Action Employer