20140364 Ver 1_Approval Letter_20140409

FMA
'44mp"h
NCDENR
North Carolina Department mfEnvironment and N:atmGl|ReoOUrce8
Pat McCrory John E.Skvarb.UU
Governor Secretary
May 19,2014
AsheCuunty
NCDVV8 Project No. 28140364
Co|vmt Replacement, SKl|87Amh*County
State Project No. |lC.0n5\]5
APPROVAL m[40lWATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Division Environmental Officer (electronic copy only)
NCD0T, Division ||
P.0. Box 250
North Wilkesboro, NC 28659
Deal- Mr. Slaughtcr�
You have Our approval, ivmccordance with the conditions listed below, for the following impacts for the purpose of
replacing a culvert/wet pipe in u UTmthe South Fork New River xo part of grade, drain, base and pave project for
SR H 87 (Ray Miller Road) in Ashe County:
Total Stream Impact for Project; 85 linear feet.
The project shall hc constructed inaccordance with your application dated received April 9^20|4. After reviewing
your application, wc have decided that these impacts are covered hy 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 oi- local permits before you proceed With Your project including (but not
l irnited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with (lie accompanying 404 permit.
This approval is valid solely for the purpose and design described ill Your application (unless onoJiGu]6o}ow).
Should your project change, you mua notify the Y4CDVYQ and submit a new application, |fthc property io sold, the
new owner niust 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 streanis (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 211 .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.
Tmnspm�wand PemiftingUnit
1617 t0ad Service Cenler, Raleigh, Noilh Carolina 2/699 1617
Locafion: 5,12 N, Salisbury St Ra�eigh, Norlh Carolina 27604
Phone [phone] � FAK 919 733-12910
Internet www=watergualibLorg
One
Permanent Fill
Temporary Fill
Total Stream
Stream Impacts
Site
in Perennial
in Perennial
Impact
Requiring
Stream
Stream
(linear feet)
Mitigation
(linear feet)
(linear
(linear feet)
Station 6+68 (culverl:L�v
25
25
0
Site 6.4-68 (riprap)
20
20
0
Site 6+68 (dewatering)
-
40
40
0
Total
45
40
85
0 1
Total Stream Impact for Project; 85 linear feet.
The project shall hc constructed inaccordance with your application dated received April 9^20|4. After reviewing
your application, wc have decided that these impacts are covered hy 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 oi- local permits before you proceed With Your project including (but not
l irnited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with (lie accompanying 404 permit.
This approval is valid solely for the purpose and design described ill Your application (unless onoJiGu]6o}ow).
Should your project change, you mua notify the Y4CDVYQ and submit a new application, |fthc property io sold, the
new owner niust 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 streanis (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 211 .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.
Tmnspm�wand PemiftingUnit
1617 t0ad Service Cenler, Raleigh, Noilh Carolina 2/699 1617
Locafion: 5,12 N, Salisbury St Ra�eigh, Norlh Carolina 27604
Phone [phone] � FAK 919 733-12910
Internet www=watergualibLorg
One

Condition(s) of Certification:
Project Specific Conditions
1. 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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and
installed.
4. For the 40 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species.
5. 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.
6. The UT to the South Fork New River is classified as High Quality Waters (HQW); therefore, NCDOT
shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable requirements
of the NCGO 10000. Please note the extra protections for sensitive watersheds.
7. This project has the potential to impact trout waters. Therefore, the NCWRC's moratorium prohibiting in-
stream work and land disturbance within the 25 -foot trout buffer from October 15 to April 15 is applicable
and the requirements shall be a condition of this 401 Certification. If the NCDOT does not wish to honor
the moratorium, then a written modification shall be submitted.
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 of the 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,
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.
1 1. 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 the NCDWR 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, the NCDWR
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 Resources within 24
hours of discovery.
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer, or agent thereof, shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR 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:

m. The erosion and sediment control measures for the project num$ be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina SmYnan/ and Erosion
Control Nanning and Design AltamumL
b� The design, installation, opcmiion, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the mootrcoem1 vumimo of the
Nov,A Cur*//no 5emVo/cnt and Erosion C^o*n/ A&muo/. The devices ubm|8 be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
*. For borrow pit sites, the erosion and sediment control mcxom,eo must bedesigned, io$m||*d, operated,
and maintained in accordance with the most m:«eut version of the No'/6 Cnru//ma Sim/ace Alining
4&vnuu/.
d. The ,ec|omohnn measures and implementation must comply with the reclamation io accordance with
the requirements of the Sedimentation Pollution Control Act.
2 1 . Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
|f You wish 0u contest any statement in the attached Certification you must file a petition for all administrative
hearing. You may obtain the petition form from the office of Administrative hearings, You must file the petition
with tile office of Administrative Hearings within sixty (60) days of receipt uJ this notice. ,4 petition imconsidered
filed when it is received in the office of Administrative Hearings during normal offlee hours. Tile Office nf
Administrative Hearings accepts filings Monday through Friday between the hours of 8�00ani and 5:00prn, except
for official state holidays, The original and one (l) copy of the petition must hc filed with the Office of
Administrative Hearings.
'rhe petition may be faxed-provided the original and one copy mfthe document is received by the Office of
Administrative Hearings n/bbia five (5) business days following tile faxed transmission.
Tile mailing address for the Office of Administrative Hearings is:
Office nfAdministrative Hearings
6714 Mail Service Center
Raleigh, NC27699-67|4
Telephone: [phone], Facsimile: (919)-431-3 100
A, copy of the petition must also be served oil DENR as follows:
Mr. Lacy PresneO, General Counsel
Department of2oviroomentxnd Natural Resources
|60\ Mail Set-vice Center
This letter completes the review of the Division of Water Resources under Section 401 of tile Clean Water Act, If you
have any questions, please contact Dave Wa"Ucha at [phone] or Dave. Wall ucha@,ncdcnr.gov.
Sincerely
Thomas A, Reeder, Director -
Division of Water Resources
[c: Andrew Williams, US Army Corps wf Engineers, Raleigh Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic oopyony)
Mike Peoyjubn, PG, Division Roginocr (electronic copy only)
[)axe \Vauoobu, NCDVVR VR{nw/on Salem) Kogioum\ Office (electronic copy only)
File Copy