401 cert reissued SR 1339 Improvement

NORTH CAROLINA
ROY COOPER Env&onnental Quality
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
November 27, 2018
Ashe County
NCDWR Project No. 20141134 v2
SR 1339 Improvements
Project No. 11 C.00514
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS --REISSUE
Mr. Heath Slaughter Division Environmental Officer
NCDOT, Division 11
801 Statesville Road
North Wilkesboro, NC 28659 Note - pipes in red are complete
Dear Mr. Slaughter:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
improving SR 1339 to include replacing seven wet pipes as part of a grade, drain, base and pave project totaling 0.76
miles in Ashe County. This is a reissuance of original Certification dated November 5, 2014.
Stream Imnacts in the New River Basin
Station Number
Permanent Fill in
Perennial Stream
linear feet
Temporary Fill
(dewatering) in
Perennial Stream
( linear feet)
Total Stream
Impact
(linear feet)
Stream Impacts
Requiring
Mitigation
(linear feet)
Culvert
Ri ra
1+22
25
10
40
75
0
13+00
10
10
-
20
0
16+05
40
10
-
50
0
27+39
10
10
-
20
0
28+07
20
10
-
30
0
29+50 (Lt)
5
10
-
15
0
33+35
15
10
-
25
0
Total
125
70 40
235
0
I otal Stream Impact for Project: 235 linear feet.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919, 707.9000

The project shall be constructed in accordance with your application dated received October 28, 2014 and
subsequent request to reissue dated November 7, 2018. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 4135. 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 NCDWR 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 300 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:
Project Specific Conditions
1. 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. Any sediment laden water
collected at Site 1+22 or any other site that is dewatered should be pumped into a silt bag prior to
discharging back to the stream if necessary.
NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCG010000. Please note the extra protections for the sensitive watersheds as the
impacted UTs to Roaring Branch are classified by the NC Environmental Management Commission as
Outstand Resource Waters (ORWs). In addition, 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
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 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.
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.
DV
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

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. 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
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
8. 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.
9. 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.
10. 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.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
13. 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.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. 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.
16. 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.
17. 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)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc.
18. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
19. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or assignee 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.
20. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project
by the end of the growing season following completion of construction.
21. 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.
22. 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.
23. 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: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:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
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 Dave Wanucha at [phone] or [e-mail].
Sincerely.
�i
Linda 1pepper, Inleri i Directo
Division of Water Resources
Electronic copy only distribution:
Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
c
MICHAEL S. REGAN
se"ary
LINDA CULPEPPER
lnlw*n Atmaor
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NORTH CAROLINA
Env1ronnwnW QuaNty
NCDWR Project No.:
Applicant:
Project Name:
County:
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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR 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
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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
1, , 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
Date
Registration No.
[�FQ>
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000