20140115 Ver 1_Approval Letter_20140219

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
February 19, 2014
Watauga County
NCDWQ Project No. 20140115
(Bridge 40) SR 1301
State Project No. 17BP.I I.R.54
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, P.E., Division Engineer
NCDOT, Division 11
PO Box 250
N. 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 Bridge No. 40 on SR 1301 in Watauga County:
Stream Impacts in the Yadkin River Basin
Site
Permanent Fill
Temporary
Permanent Fill
Temporary Fill
Total Stream
Stream
in Intermittent
Fill in
in Perennial
in Perennial
Impact (linear
Impacts
Stream (linear
Intermittent
Stream (linear
Stream (linear ft)
ft)
Requiring
ft)
Stream (linear
ft)
Mitigation
ft)
(linear ft)
1
62
0
62
0
62
0
62
0
Total
Total Stream Impact for Project: 62 linear feet.
The project shall be constructed in accordance with your application dated received February 3, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3883. This certification corresponds to the Nationwide Permit 3 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
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
Noi thCarolina
Natumil'y

Condition(s) of Certification:
1. 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 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.
4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
5. 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.
6. 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.
7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9. 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.
10. 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.
11. 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.
12. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
13. 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.
14. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) 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.
15. 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.

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: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 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 Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homewood at (336)771 -4964 or sue.homewood @ncdenr.gov.
Sincerely,
DT C4 '�;'
omas A. Reeder
cc: Heath Slaughter, Division 9 Environmental Officer (electronic copy only)
Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
DWR Transportation Permitting Unit
WSRO File Copy