20141134 Ver 3_Roaring Branch 401 and 404 permit w MRT and original NCWRC letter_20221011

C.
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
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 Im acts in the New River Basin
Permanent Fill in Temporary Fill Stream Impacts
Perennial Stream (dewatering)in Total Stream Requiring
Station Number linear feet) Perennial Stream Impact Mitigation
Culvert Ri ra (linear feet) (linear feet) (linear feet)
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 1 - 15 0
33+35 15 10 1 - i 25 0
Total 125 70 40 235 0
Total Stream Impact for Project: 235 linear feet.
i 2-:5--1 D_E Q>
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.
2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCGO10000. 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
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 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.
D_E Ql
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:
D_EQ�,�
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(336)776-9703 or [e-mail].
Sincerely,
�i
'Lin�dalpepper, lnteri 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
PQ.EQ`,s`- -N �
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

NORTH CAROLINA
ROY COOPER EnvtronnwnW QuaNty
cowrrw
MICHAEL S.REGAN NCDWR Project No.: County:
se"ary
LINDA CULPEPPER
lnlw*n Director 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 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: 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
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 Registration No.
Date
D_EQ>
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-02058 County: Ashe U.S.G.S. Quad: NC-PARK
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NC DOT DIV 11
Heath Slaughter
Address: 801 Statesville Rd.
North Wilkesboro,NC,28659
Telephone Number: 336-903-9202
Size(acres) 4®6 Nearest Town Lansing
Nearest Waterway Roaring Branch River Basin Upper New.North Carolina,Virginia.
USGS HUC 5050001 Coordinates Latitude: 36.5064806615294
Longitude: -81.5844567764998
Location description: The site is located along SR 1339(Roaring Branch Road)over seven(7)unnamed tributaries to Roaring
Branch between Virgil Greer Road and Jack Jones Road in Ashe County,North Carolina.
Description of projects area and activity: This authorization is for temporary and permanent impacts to jurisdictional streams
associated with the grading and paving of an existing NCDOT roadway(SR 1339(Roaring Branch Road)as follows: Crossing
#1(Station 1+22): Stream S1-15 linear feet of permanent impact for culvert extension, 10 linear feet of impacts for rip rap
bank stabilization and 40 linear feet of temporary impacts for dewatering. Crossing#2(Station 13+00): Stream S2-10 linear
feet of permanent impact for culvert extension and 10 linear feet of impacts for rip rap bank stabilization. Crossing#3(Station
16+05): Stream S3-40 linear feet of permanent impact for culvert placement and 10 linear feet of impacts for rip rap bank
stabilization. Crossing#4(Station 27+39): Stream S4-10 linear feet of permanent impact for culvert extension and 10 linear
feet of impacts for rip rap bank stabilization. Crossing#5(Station 28+07): Stream S5-20 linear feet of permanent impact for
culvert extension and 10 linear feet of impacts for rip rap bank stabilization. Crossing#6(Station 29+50): Stream S6-5 linear
feet of permanent impact for culvert extension and 10 linear feet of impacts for rip rap bank stabilization. Crossing#7(Station
33+35): Stream S7150 linear feet of permanent impact for culvert extension and 10 linear feet of impacts for rip rap bank
stabilization. Mitigation is required for this proposal.
Applicable Law: ® Section 404(Clean Water Act, 33 USC 1344)
❑ Section 10(Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transportation
Projects.
SEE ATTACIIED RGP or NWP GENERAL,REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 11/18/2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class
I administrative penalty,and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality(telephone [phone])to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C.Division of Coastal Management in Morehead City,NC,at(252)808-2808.

SAW-2014-02058
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program,please contact James Lastin er at 919-55 -4884 x32 or James.C.Lastin er usace.arm .mil.
Corps Regulatory®fficia : Date: 12/04/2014
Expiration Date of Verif anon: 03/1 17

SAW-2014-02058
SPECIAL. CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions
listed on this form, are hereby incorporated as special conditions of this permit authorization.
2. Recommendations in the attached letter from the North Carolina Wildlife Resource Commission dated
November 26,2014 are hereby incorporated as special conditions of this permit verification.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NCDOT Action ID:SAW-2014-02058
Project Name: NCDOT/SR1339/Division 11 County:Ashe
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code(HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/In-Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin:05050001, New River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Riparian Riparian
Warm Cool Cold Non-Riparian Coastal
Riverine Non-riverine
125
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin:05050001, New River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Riparian Riparian
Warm Cool Cold Non-Riparian Coastal
Riverine Non-riverine
250
Mitigation Site Debited: NCEEP
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 18 September, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility"transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
® Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
® Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
® Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager(address below)is provided with a signed copy of this form.
® If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: James Lastinger
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive,Suite 105
Wake Forest, North Carolina 27587
Email:[e-mail]
/ December 4,2014
i`
USACE Project eager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications(including stream temperature and wetland groupings) is
available at http://ribits.usace.armV.mi1.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the
Customer Satisfaction Survey located at our website at http://regulatorV•usacesurvey.com/to complete the survey online.

k�
�' North Carolina Wildlife Resources Commission
Gordon Myers,Executive Director
TO: Andy Williams,NCDOT Coordinator
Raleigh Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Coordinator
Habitat Conservation Program,NCWRC
DATE: November 26, 2014
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to impact
unnamed tributaries to Roaring Branch as part of their project to improve SR
1339 (Roaring Branch Road), Ashe County,North Carolina.
The North Carolina Department of Transportation (NCDOT) has submitted an application to
obtain a Section 404 Permit from the U.S. Army Corps of Engineers (USACE) and a 401 Water
Quality Certification from the NC Division of Water Resources (NCDWR). Staff biologists with
the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the information
provided. These comments are provided in accordance with the provisions of the state and
federal Environmental Policy Acts (G.S. 113A-1through 113-10; 1 NCAC 25 and 42 U.S.C.
4332(2)(c), respectively), the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and
Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661-667d), as applicable.
The NCDOT proposes to replace and extend six pipe culvert crossings of SR 1339 (Roaring
Branch Road) and add one crossing, carrying unnamed tributaries to Roaring Branch(Class C;
Outstanding Resource Waters), as part of the road paving project. The project will permanently
impact 125 linear feet(If) of stream for the pipe extensions and 701f for riprap stabilization.
Temporarily impacts total 401f for dewatering the work area of one crossing.
Brook Trout are expected to occur in the project vicinity, therefore a moratorium prohibiting in-
stream work and land disturbance within the 25-foot trout buffer should apply from October 15
to April 15 to protect the egg and fry stages of trout. Sediment and erosion control should adhere
to the Design Standards in Sensitive Watersheds and be strictly maintained.
NCWRC can concur with the issuance of the Section 404 and 401 permits provided that the
following conditions are implemented:
Mailing Address: Division of Inland Fisheries a 1721 Mail Service Center •Raleigh NC 27699-1721
'telephone: [phone] • Fax: [phone]

SR 1339,Roaring Branch Road
UTs Roaring Branch,Ashe Co. 2 November 26,2014
1. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October 15 through April 15 to protect the egg and
fry stages of trout.
2. Sediment and erosion control measures shall adhere to the Design Standards in Sensitive
Watersheds and be strictly maintained until project completion.
3. Herbaceous vegetation shall be planted on all bare soil as soon as possible following the
completion of permanent or temporary ground disturbing activities to provide appropriate
long-term erosion control.
4. Tall fescue and straw mulch shall not be used in riparian areas. We encourage NCDOT
to utilize onsite vegetation and materials for bank stabilization when practicable. Erosion
control matting shall be used on steep slopes and for establishing permanent vegetation in
riparian areas. The matting shall be well anchored with staples or wooden stakes and,
whenever possible, include live stakes of native trees. Matting in riparian areas should
not contain plastic mesh, which can entangle and trap small animals.
5. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into the waterway.
6. The natural dimension, pattern, and profile of the waterway above and below the crossing
should not be modified by widening the channel or changing the depth of the waterway.
7. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs
should be planted along the banks, as appropriate to the setting,to reestablish the riparian
zone and to provide long-term erosion control.
8. Grading and backfilling should be minimized, and tree and shrub growth should be
retained if possible to ensure long term availability of shoreline cover for fish and
wildlife. Backfill materials should be obtained from upland sites.
9. Where practicable, riprap placed for bank stabilization should be limited to the banks
below the high water mark, and vegetation should be used for stabilization above the high
water elevation.
10. If concrete will be used during construction, work must be accomplished so that wet
(uncured) concrete does not contact surface waters. This will lessen the chance of
altering the water chemistry and causing a fish kill.
11. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is prohibited.
12. Heavy equipment should be operated from the bank rather than in the channel whenever
possible in order to minimize sedimentation and reduce the likelihood of introducing

SR 1339,Roaring Branch Road
UTs Roaring Branch,Ashe Co. 3 November 26,2014
other pollutants into the waterway. All mechanized equipment operated near surface
waters should be inspected and maintained regularly to prevent contamination of surface
waters from fuels, lubricants, hydraulic fluids or other toxic materials.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at marla.chambers(cr�,ncwildlife.org or (704) 982-
9181.
cc: Amy Chapman, NCDWR
Heath Slaughter,NCD®T

Action ID Number: SAW-2014-02058 County. Ashe
Permittee: NC DOT DIV 11
Attn: Heath Slaughter
Project Name: NCDOT/SR1339/11C.005148/Divisionll
Date Verification Issued: 12/04/2014
Project Manager: James Lastiner
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: James Lastinger
Raleigh Regulatory Field Office
3331 Heritage 'Trade Dr., suite 105
Wake Forest,NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date