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HomeMy WebLinkAbout20140698 Ver 2_Modifications_20150901Carpenter,Kristi From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: AI I, Slaughter, Johnathan H Tuesday, September Ol, 2015 3:11 PM Kichefski, Steven L SAW; Chambers, Marla J; Marella Buncick (Marella_Buncick@fws.gov); Wanucha, Dave; Carpenter,Kristi Eller, Douglas W; Pilkington, Olivia L; Joyce, Jason F; Presnell, Charles E; Whittington, Kevin K; Souther, Zachary S; Reinhardt, Charles C PERMIT MODIFICATION, SR 1526B Extension, Watauga SR 1526B Extension Application.pdf; SR 1526B Extension Plans.pdf; SR 1526 Extension TOPO jpg; SAW-2014-01453_permitverificationl.pdf; SR 1526B 401 cert.pdf Follow up Flagged Please see attached permit modification. We recently acquired additional right-of-way to extend this project. We have a contractor ready to go to work now so anything you can do to expedite the permit issuance would be appreciated. I added the two new wet pipes to the previously permitted impact totals so everyone can just update their impact summaries instead of starting from scratch. Existing permits are attached as well. Call if you have any questions. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. � �StAT� a. � F. , �, � � � �� ,� '�,� �:.rrr� �'� �' Qt�u�n vad�"� ST.ATE (JF NC�RTH �ARC�LINA DEPARTMENT OF TRANSPURTATION PAT McC:RCJRY P. (�. Bc�x �S�t� 1, �Z.ale�gh, NC� 27611-52U2 IeTICHLC)AS 7. T'� 4��C�N Gov���aR P�or��: 919-733-252a �EC�:�T.��� . � . �_ , � Mr. Steve I�ichefski U. S. Army C�rps af Engineers Asheville Regulatory Field Office 151 :�atton Ave�ue, Ro�m 248 Asheville, N� 28801-5006 �ubject: PER:MIT 11�IC�►DIFICATI(JN SR 1526B (Sampson Raad) Watauga County, North Carol�na Project Number: 11C.095102 (D'WR Permit Fee: $570) Dear Nir. I�.ichefski: The N� Departm�ent af Transportatian has completed c�nstruction af the B section o� this secc�ndary rc�ad praject, less the pa�ing. The completed section runs from stat�o� 60�0� -� 1Z4+0� for a ta�a� �ength �a�' 6,�00 feet or 1.14 m�les. The existing stream crc�ssings at stations d0�I4, 69-��8, ?'9�U0 a�d ���SU �vv�r� retained. W� have now obtained additional right-c�f-way to extend th� projec� frc�m s�ation 1�,fl-��� — 1���-50. �'his extensian will require the replacement of twc� additi�n�1 wet pipes shov�n �r� ital ic.� belo�. � h�.�� retained the previously per�nitted imp�.cts at 92+3 8 and 119+63 in the tabl� and an the C� ��n�e �e �.r� considering it part of the same project. Stream Impa�ts: Siati+�n Existing Pipe Proposed Ripr�.p Tempa►ra� �'otal ��p►a��t� Number Size Pi e SiZe Im �cts f�. Dewaterxn ft. a� th�is �tatio� 92+3 8 24"x 25' 24"x 45' 10 40 �10 �...�.�. 119+6� �,4"x 34' 36"x 50' 10 4� ?� 12+D�2Q 18 "x 20' I8 "x 45' 10 4a �.� .I22-�--40� None 24 "x 120' .1 D 40 1�Ci Permanent �"'ill/Riprap Impacts = 22� feet Tem ora Dewaterin Im act� = 1b0 feet 'Tot�.l ra'ect Irn acts = 3�� feet � Impacts at station 1�2+44 are a little mc�re than r�orn�al because we are placing th� r�aad on nev� alignment ta remove a very sharp curve in a�noderatel� d�ep fill location. The ���sti�g pip� is f�ci b� � spring that is just upslope c�f the current alignment (see plar� sheet #� 1). P. O. $OX 2StJ, N. WILKESBORC7, NC 25659 PHOr�� (336) 667-� 111 �� �336} �67-4549 Mr. Steve I�ichefski SR 1 SZdB, �ampson Raad Extension, Watauga Page 2 September l, 2Q 15 The two additional wet pipes carry different IJTs ta Triplet� Creek (�las�. �, T��ut). Th� repla�en�er�� o�' these pipes will require temporar� dewatering4 An imperv�ous sa.ndba� d�ke w111 be c+�nstr�ucted upstre�m of the prapas+�d pipes ta create a small pool. Clean water v�il1 temporarily be purnp�d around ih� construction area and v�ill be discharged downstream. Any dirt:� water loca�ed �z�side �af the �ans�r��t�ca� area will be pumped into a silt bag if necessary. Once the new pipes are �n plac�, the �mpe��c�us di��� will be remaved and preconstruction streambed �levatic�ns will be res�ored� This project was reviewed fc�r the presence af threatened and endan�ered sp�c���. � did �.cat �bser�r� any listed species. However, there wzll be abcaut 3.$ �.cres c�f clearing a��ng this rc�ute. Th� N�,�, is listed as a protected species in th�s county s�► we are r�questing t�at the �orps �c�o�dina:t� vv�th t.TSF �. We would recommend a NLTAA call c�n th�s project. Hlstoric compliance work has been completed and �o surveys were r�quired. The project impacts are not signi�cant in nature ar�d shc�uld nc�t remove car degrade �x�st�ng vv�ter qual�i� uses. Stormwater will be routed thrc�ugh grass or rock lined ditches, dependin� o�: the �itch l�ne slope. Pipe sizes used wi11 be the minlmum necessary to creat� a�afe roadw�.y. �� ut�l��ing the �r�sic�n �c�r�trol measures outlir�ed in the attachmer�ts ta this application, dawnstrea� water quality standards �i11 b� protected. Overall water quality in the area will be improved by paving th� AB� �ra��l lar�es� �.11 appropriate BMPs will �e used during constructic�n. Attached is a Preconstructlon Notification Form, extension plan sheets �r�th prc�pose� �ros�an �o�trc�l measures, a marked county map and a marked topography r�ap. By �opy of this electronic Ietter, it �s requested that I��rs. h�Iarla Chamber� ��th th� I'�c�rth �arc�lin� Wildlife Resources Commission comment directly to you �oncer�ing ih� 4�4 Nat�onwic�� �rrr�i� application with a copy sent to me. B�r copy of this electronic letter, it is requested that the Divlsion of �UVater Resources, 4411 etl�.r�ds I.J�it, issue the appropriate permit for constructic�n of this prc�ject. It is r�quested thai �.ny ca►mmer�is rela�ed �a the 441 certification be electronically forwarded directl� tt� me w�th a copy s�nt to the �.J� �r�ny C�orps o�` Eng�n�ers. We would like ta begin construction as soon as pass�ble. If furthe� �nfc�rmatic�n is r�qu�red, please l�t �� know. Your early review and consideration will be apprecl�.t�d. S�r�c�r�ly, � Heath Sl�u�hter I��visia� �n�rironment�.l C�ff�c�r Enclosures cc: IVlarla (�hambers, NCWRC Amy Chapman, I�ivision c�f Water �Zesources Mr. Steve Kichefski SR. 1526B, �ampsan Road Extension, Watauga Page 3 September 1, 201 S Dave Wanucha, Division Qf Wa�er R.esources Marella Buncick, LTSFWS Mil�e Pettyjohn, FE, Division :Eng�neeg Doug Eller, District Engineer �evin Whittingtan, County Maintenance Engineer Heath Slaughter, D1V1SlOI1 E11VlI'U11111�I1tc�� ���1C�i° Zac1� Souther, Roadside Environmental Fie1d C)perations Technicza.� Jason Joyce, Roadside Enviranmental Engineer /''�vy,�� f��.:��'��'��! t�ffice Us� On1�: M� �4� �1./ �}.f �.4�� V ��� �.�- Cor�s action I D no. � � �? � � � �, � � � r. . � '�� /. � r: f � � ��ir �i' '. � �, � � � � � �' �{����.��-�,�;�,�;,� ,, "�' ��/� �11"QjE�C� i1CD. �:: �.<�� ��r������`�`��� Fc�rrr� Version 1.3 Dec 1(� 20q8 Pre-Construction Notification PC�N For A. A licant Inform�.tion 1. Processing 1 a. Type(s) of approual sought from the Car s: � Sec�ion 404 Perrr�it ❑�ection 10 Permit p 1 b. �pecify Nationwide Permit (NWP} number: 14 or Gener�al F�ermit (GP) number: 1 c. Has the NWP or �P number been verified by the Corps'? � Ye� � iVo 1 d. Type(s} af approval sought from the DWQ (check all that apply): �i 4a1 Water Quality Certification -- Regular ❑ Non-4�4 Jurisdicfiionai Ger�er�l Permit [�] 4�1 UVater Quality Cerkification -- Express C.� Riparian Buffer Authorization 1 e. Is this notificatior� solely for the record For the record only far DWQ 4�1 Fc�r the rec�rd only for �orps ��rmi�: because written approval is not required? Certification: ❑ Yes � �o ❑ �es � �� 1 f. Is payment into a mitigation ban�c ar in-lieu fee program propo�ed for mitigation � Y�� Q�� of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project lacated in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Y�� � NQ below. 1 h. Is the praject located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ��1� 2. Project tnformation Za. Name of project: SR 15266, Sampson Road 2b. Caunty: Watauga 2c. Nearest municipality / town: East af Blowing Rock 2d. Subdivision name: 2e. NCD(�T only, T.I.P. or state 11 C.095102 praject no: 3. fJwner Information 3a. Name(s) on Reeorded �eed: NCDOT 3b. Deed Book and Page No. 3c. Responsibie Party (for LLG i f applicable): 3d. Street address: 8q1 Statesville RQad 3e. City, state, zip: Narth Wilkesboro, NC 28659 3f. T�lephane no.: 336-9�3-9202 3g. Fax no.: 336-667-4549 3h. Emai! address. hslaughterCz7�ncdot.gav Page 1 �f 10 PCi`I F�rm -- 0/ersion 1.3 December 10, 2�C�8 �/er�ic�n 4. Appiicant Inforrnation (if different fram awner} 4a. Applicant is: ❑ Agent [] C3ther, specify: 4b. Name. 4c. Busir�es s name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Emaii address: 5. Agent/Consultant lnformatian (if appiicable) 5a. Name: 5b. Business name (if applicable): 5c. �tree� address: 5d. City, state, zip: 5e. Telephane no.: 5f. Fax no.: 5g. Email address: �'age2c�f1a P�N F�rm — Versiar� 1.3 December 'I 0, ��(�8 Versior� B. Praject Information and Prior Praject H�stary 1. Praperty Identific�tion 1 a. Praperty identification no. (tax PIN or parcel ID): 1 b. Site coc�rdinates (in decimal degrees): L�titude: 3�.134�82 L.car�gitude: ��1.54807 (DD. [JDD�DD} {-DD, DDDDDL�) 1 c. Property si�e: 1 a.� acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Triplett Creek, 1 11T to Joe's Cr�ek and 2 UTs tc� Triplet� proposed praject: Creek 2b. Water Quality Ci�ssification of nearest receiving water: C; Trc�ut 2c. River basin: Yadkin 3. Project Description 3a. aescribe the existing conditions on the site and the general land �se in the vicinity of the praject at the time of thi� applicatian: Unpaved road in a rural area. 3b. List the totaC estim�ted acreage of all existing wetlands on the property: 0 acres 3c. List the tatal estimated linear feet of all existing streams (in#errnittent and perennial) c�n the proper#y: 50� li�near feet 3d. Explain the purp�se c�f the proposed project: Upgrade roadway. 3e. Describe the overall project in detail, including the type of equipm�nt to be used: See attached cc�ver letter. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland ar stream determinations by the Corps or State been requested or obtained far this property / project (including all pri�r phases) in the past? ❑��s � N° ❑����°�� Comments: 4b. If the Cor�s made the jurisdictional determinatian, what type of determination was made? � Preliminary ❑ Final 4c. If yes, who delineated the jurisdictianal areas? AgencylConsultant Campar�yd Name (if known}: t��her: 4d. If yes, list the dates of the Corps jurisdiction�l determinations �r :�t�te determinatic�ns and attach documenfi�tior�. 5. Project History 5a. Have permits or certifications been requested or obtained for ��e� [� N� [� Unkr�ovvr� t�rs pro�ect (rnclud�ng all pr�or phases) �n the past? 5b. If yes, explain in detail according to "help file" instructions. Additional R(JW h�s been accquired to expand the praject. Copies of previous permits will be ir�cluded ir� the �pplication. 6. Future Project Plans 6a. Is this a phased pr�ject? �] Yes ��lo 6b. If yes, explain. Page 3 a� 1� P��I Farm -- Versic�n 1.3 Qecember 10, Z�UB �Jersicar� C. Propased Impacts Inventory 1. Impacts �ummary 1 a. Which sectior�s were completed bel�w for your project (check all that apply): ❑ Wetlands � 5treams - tributaries 0 BufFers � C)pen Waters ❑ Pc�nd Canstruc�ion 2. Wetland Impacts {f there are we#land impacts pr�posed �n the site, then cc�mplete this question fc�r each wetlar�d are� impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of juri�dic�i�n number -- Type vf impact Type ofi w�tland Forested {Corps - 404, 1� �ere� of impact Permanent (P) or (if known) DWC� -- non-4��4, o�her) (��res) Tem �r�r T � Yes 0 Corps W1 ❑ P O T N� [JWQ ❑ ❑ ❑ Yes � �orps �� � � � T Nt� DWC,� ❑ 0 ❑ Y�s [� Cc�rps W3 � P C] T Nc� DWC� ❑ �� ❑ ❑ Y�s �.,] Corps W4 ❑ P❑ T N c� DUUQ � � C] Y�s �] �orps �� � P � � N o �UV ❑ ❑ � [� Yes �j Corps W6 � P❑ T Nc� DWCC� � ❑ 2g. Total wetiand impacts 2h. Cc�mments: 3. Stream Irnpacts If there are perennial or intermittent stream impacts (including tempor�ry impacts) prc�posed e�r� the site, then complete this questian for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3�. �g. Stream impact Type of impact �tream name F'erenr�ial Type of jurisdic�i�n Average ��p��� number - (PER) or (Cc�rps - 4�a4, 10 stream �er�gth Permanent (P} ar intermittent p�� _ n��_q.�q,a width (f�����' Temporary (T) (I�IT)? other� (feet} feetj �'iping, Riprap & , � PER j� Carps �� ��� T Dewaterin �T to Jae s Creek �NT DWQ � �� 9 ❑ � Piping, Riprap & � PER � Corps S2 j� P� T Dewaterin Triplett Creek �N�. ��� Z 7Q g � � Piping, Riprap & UT #1 to Triplett � P�R � Gorps S3 � P� T Dewatering Creek �] INT � DV1/Q � �� F'iping, Riprap & UT #2 to Triplett Q P�R �I Corps �� ��� T Dewaterin Creek INT DWQ � 1�� g � � ❑ PER ❑ Corps S5 ❑ P❑ T 1NT DWC,� ❑ ❑ ❑ PER � �orps �6 ❑ P C] T I Ni �►WC� � � 3h. Total stream and tributary impacts 385 3i. Comments: 185 pip�, 44 riprap, 1�U dewater P����of1a PCN Form -- Version 1.3 December '10, 2�t�8 �'ersian 4. apen Water Impacts If ther� are proposed impacts to lakes, ponds, estuaries, tribut�rie�, �ounds, the �tlantic CJcean, or any c�ther c�per� water af the U.S. then individually list all open water impacts befow. �a. 4b. 4c. 4d. 4�. �pen water Name of waterbody impact number — (if applicabie) Type of impa�t Vr/at�rbody type �re� a�f impact (�cres) Permanent (P} or Tem arar T (J1 ❑P❑T t�2 �P❑T C�3 ❑P❑T {�4 [� P [� T 4f. Total open water irr�pacts 4g. Camments: 5. Pe�nd or Lake Construction If ond c�r Iake canstruction ro osed, then com lete the chart belc�w. 5a. 5b. 5c. 5d. �e. Wetland lmpacts (�cres) Stream Impact� {feet) lJpland Pond ID Proposed use ar purpos� (acres) nurnber of pond Flooded Fiiled Exc�vated Flooded Filied Excavated Flo�ded P1 P2 5f. Total 5g. Comments: N/A 5h. Is a dam high hazard permit required? ❑ Yes � No If yes, permifi ID n��: 5i. Expected pond surface area (acres): 5j. SiZe of pond watershed (acres): 5k. Method of construc�ion: �. Buffer Impacts (for DWQ) If project will impact a prot�cted riparian buffer, then complete the chart below. If yes, then individually list �II b�ffer imp�cfis below. If an im acts re uire miti ation, then ou MUST fill o�at Secfiic�n D of �his fc�rrr�. 6a. ❑ N�use � Tar-Pamlico ❑ C�ther: Praject is in which protected basin? ❑ Catawba � R�ndleman 6b. 6c. 6d. 6�. 6f. 6g. Buffer impact number -- Reasor� Buffer �one 1 irnp�ct �one � impact Permanent (P} ar for Stream name r�itig�tion (square feet) (squ�re feet) Tem ora T im act r� uired? ❑ Y�s 61 [�P❑T �� � [� Y�s B2 �P[�T N� ❑ ❑ ��s g� 0 � ❑ T �v� d 6h. To�a� buffer impact� �� 6i. Comments: Page 5 a� 10 P��f� F�rm — Version 1� .3 Dec�em�ber 1�� Q� 20��8 �ler�i�r� D. Impact Justifica�ion and Mitigation 1. Avaidance and Minimization 1 a. Specifically describe measures taken to avoid or minimiz� the proposed impacts in designing praject. The pip� lengths are the minimum needed ta imprave roadway. 1 b. �pecifically describe measures taken ta avoid ar minimize the propased irnpacts thrc�ugh construc�ion �echnique�. All appropriate BMPs will be used during constructian 2. Cc�mpensatory Mitigation for Impacts to V1/aters of the U.S. or Wat�rs of the �tat+� 2a. Does the project require Compensatory Mitigation for � Yes 0 No impacts to Waters of the 1J.5. or 1Naters of the State? Zb. If yes, mitigatian is required by (check all that apply): ❑ D�/1/Q ❑ Co�'ps ❑ Mitigation bank 2c. If yes, which mitigat ion optian will be used for this � � P�ymer�t tc� in-lieu fee progr�m proaect . [� Permittee Re�ponsibl� Mitigation 3. Complete if Using a Mitigatian Bank 3a. Name of Mitigation Bank. 3b. Gredits Purchased (attach receipt and letter) T�pe C�uantity 3c. Comments: 4. Cornplete if Making a Payment to In-lieu Fee Prograrra 4a. Approval Ietter fram in-lieu fee pragram is attached. � Yes 4b. Stream mitigatian r�quested: 1�5 tc�tal linear feet 4c. If using stream mitigation, stream temperature: � warm ❑ cool �cold 4d. Buffer mitigatiQn requested (DWQ only): square feet 4e. Riparian wetland mitiga�ion requested: acres 4f. Non-riparian wetl�nd mitigation requested: acres 4g. Coastal (tidal} wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee f�esponsible Mitigation Pian 5a. If using a perr�ittee responsible mitigation plan, pravide a des�ription of the proposed mitigation plan. Pagef�of1U PC1� F�rm — Versior� 1.3 December 1�, 2�08 �lersior� 6. 8uffer Mitigation (State Regulated Riparian Buffer Rules) � required by C�VI/Q 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes (� �lc� buffer mifiigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer tha� requir�� mitigation. i��l�c�l��� the arnount of mitigatic�n required. 6c. 6d. �e. Zone Reason for impact Tatal imp�ct IVlultiplier F�equir�d r�i�iga�ior� {square f�et) �square �Fee�} Zor�e 1 3(2 for Catawb�) Zone 2 1.5 �f. Total bufifer mitigatior� requireclw �g. If buffer mitigation is required, discuss what type of �nitigatian is proposed (e.g., payment tc� private mitig�tion b�r�k, permittee responsible riparian buffer restoratian, payment into an �pproved in-lieu fee �und). 6h. Comments: Page 7 of 10 PCN Form — Version 1.3 aecember 1�, 24C�81/ersic�n E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Pian 1 a. Does the project inciude or is it adjacent to protected riparian buff�rs identified ��e� ��� within one of the NC Riparian Buffer Protectian Rules? 1 b. If yes, then is a diffuse flow plan included? If na, explain wh�. CJ �es ❑ I�� Camments: 2. Stormwater Mana ement Plan 2a. What is the averall percent imperviausness af this project'? °/p Zb. Does this project require a Starmwat�r Management Pian? ��'es � IVc� 2c. If this project DOES NOT require a Stormwater Managemeni �'Ian, explain why: 2d. If this project DtJES require a Stormwater Management Plan, then provide � brief, narrative descrip�ion �f th� plar�: Falls under DOT NPDES Permit � �ertified L.ocal �overnrr�en� 2e. Who will be respc�nsible for the review of the �tormwater M�n�gem�nt Plan? ❑ DWQ �tc�rmvvater F'r�gram ❑ fi�WQ 401 Unit 3. Certified �acal Government Stormwater Review 3a. In which local gavernment's jurisdiction is this project? [�] Phas� II ❑ NSW 3b. V1/hich of the following locally-implemented stormwater management programs ����� app�Y Ccheck all that app�Y): �] Water �upply �U'atershed [� Other: 3c. Has �he approved Starmwater Management Plan with proof of �ppraval been ❑ Yes [�] �� attach�ed? 4. DWQ Starmwater Pro ram Review ❑ Coa�fial ��u�tie� 0 HQW 4a. Which of the fallowing state-implemented stormwater manag�ment programs apply ���� (check all that apply): ❑ Sessiort Law 2�0�-24�6 � Ofiher°: 4b. Has the approved Stormwater Managernent P1an with proaf of approval been afitached? � ��� � � 5. DWQ 401 Unit Stormwater Review 5a. Does �he Stormwater Management Plan meet the apprapriate requirements? ���� Q�� 5b. Have all of the 44� Unit submittal requirements been met'? � Y�� �� F'�ge 8 of 10 PCN F�rm -- Version 'i .3 December 10, 2�C�� �/er�ior� � F. 5upplementary Ir�formation 1. Environmental Documentation (DWQ Requirement) 1 a. Does the praject involve an expenditure of public (f�deralistate/lo��l} funds or the ,��s �� use of ublic federal/state land? � � p � ) 1 b. If yau answered "yes" to the above, does the project require prep�ratian of an environmenta� document pursuant to the requirements �f the Nati�n�l or State �] Y�s ��� (�lorth Carolina) Environmental Palicy Act (NEPA/SEPA)? 1 c. if you answered "yes" to the above, has the dacument review been finalized by fih� State Clearing Hause? (If so, attach a copy Qf the NEPA or �EPA #inal apprav�l Ietter.} ❑ `�es d c� Comments: 2. Violatians (DWQ Requirernent) 2a. Is the site in violatian of DWQ Wetland Ru1es (15A N�AC ZH .nSO�}, Isolated Wetland Rules {15R NCAC 2H .1300}, DWQ Surface Water or W�tland Standards, � Yes ��lc� or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an afker-the-fact permit application? ❑ Yes ��lc� 2c. If you answered "yes" to one or both of the above questions, prc�vide an explanation of the violatir�n(s}: 3. Cumulative Impacts (DWQ Requirement) 3a. Wili this project (based on past and reasonably anticipated future �mpacts) result in ��,�� ��� additional developmen#, which could impact nearby downstream vorater quality? 3b. If you answered "yes" to the above, submit a qualitative or qu�ntitative cumulative impact analy�is in �ccordan�e with the most recent DWQ policy. If yau answered "no," provide a short narrative description. 4. Sewage Disposal {DWQ Requirement� 4a. Clearly de�ail the ultimate treatment methods and disposition (non-discharge or discharge) a�f was#ev�rater ge�er�t�d frar� the propased project, or available capacity of the subject facility. NIA Page9c�f1U P�N ��rm -- Version 1.3 December 104 2QU8 Ver�i�n 5. Endangered Species and Designated Criticai Habitat {Corps �equirement� 5a. Will this project ac�ur in or near an area wifih federal�y prc�tect�d species �r ��,�� ��� h�bit�t'? 5b. Have you checked with the US�WS cancerning Endangered �pe�ies Act � Yes �� impacts? ❑ F�aleigh 5c. lf yes, ind icate the USFWS Field t�ffice you have contacted. � Asheville 5d. What data sources did you use to defiermine whether your sit� would irr�pact 1�ndangered �pecies c�r Designated �ri�ic�! Habitat? GIS and visual observation. Wiii cc USFWS on the application ar�d request that the corp� conrdin�te reg�rding �IL�E�. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential ��h habitat? [� Ye� ��io 6b. What data source� did you use to determine whether yaur site wc�uld impact �ssentiaJ Fish Habitat'? 1/VRC wiil comment ?. Historic or Prehistoric Cultural Resources (Corps Requir�ement� 7a. Will this project accur in or near an area that the state, fec�eral or tribal governments have designated as having historic or cultural preser�ration ���$ ��� status (e.g., National Historic Trust designatior� or properties �igni�cant in North Caralina history and archaeology)? 7b. What data source� did you use fio determine whether your sit� would impact historic or �rcheolagical r�sr�urce�? Project submitted to SHPO 8. Flood Zone Designation (Corps Requirement) 8a. Wiil this project occur in a FEMA-designated 1Q�-year floodplair�? 0 Yes � Rlo 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? ncfloodmaps ,� J. 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'z< wq � G'� � z � -= z O m � �{ � A rnC m = �n � � e �: : �� a� w� �g l�J'1 , d � o � � 4 � � � g� 0 � + 1.�1�**�N,�µ�l� 9� �*.�`\I�� � �� ��'�' REYISIQNS i � J��, _� z° C1 p z< �� �� � Z m "� z 0 m j � A z� �n _ _ _ . . � — � O t�n a� �� � �7 y V � � � � � � r- .� O��/ C� Z = �� � � V� � � p�� � �� /�� � �� � � .r N .� /a C� � X N � �% � (� rp }t � � � � 7 / ,���i� �,� � ,� �� � �--- �s,� c�� � J52fp� a �.__-- �' ��o��o � w rn ... .... .... .. .... .... .... .... .. . .. .... ... .... .... .. . . ... .... . .. .. ... .... .�. i .. .. ... ... ... .. .... .... ... .. ..... ... . .. �` ��� �'���:�� / ��\ht�� ��\���� .. i _' . " �i�i � A ; J�?� A �"°�.. , -i � ��i � �.. � �i I rzwo'� < �" V�� � a �� ° U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Td. SAW-2014-01�53 County: Watau�a U.S.G.S. Quad: NC-DEEP GAP GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee Address: Telephone Number: NC DOT DiV 11 Heath Slaughter 801 Statesville Rd. North Wilkesboro, NC, 28659 (336)903-9202 Size (acres) 6.9 NearesY Town Blowing Rock Ncarest Waterway Triplett Creek Rivcr Basin Upper Yadkin. Virginia, North Carolina. USGS HUC 3040101 Coordinates Latitude: 36135640 Longitudc: -81.556060 Location dcscription: The site is located along SR 1526B ( Sampson Road) over an unnamed tributarV to Joe's Creek and Triplett Creek in Wautaga Countv, North Carolina. Description of projects area and activity: This authorization is for temporarv and permanent impacts to iurisdictional streams associated with the �rading and paving of an existing NDDOT roadwav (SR 1526B Sampson Road) as follows: Crossing #1 (Station 92+38): Stream S1-20 linear feet of permanent impact for culvert extension, 10 linear feet of impacts for rip rap bank stabilization and 401inear feet of temporary impacts for dewatering. Crossing #2 (Station ll9+63): Stream 52-20 linear feet of permanent impact for culvert placement, lO linear feet of impacts for rip rap bank stabilization and 401inear feet of temporary impacts for dewatering. Applicable Law: Authorization: Proiects. � Section 404 (Clean Watcr Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Regional General Permit Nuinber or Nationwide Permit Number: NWP 14 Linear Transportation SEE ATTACHED 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 July 8, 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. Special Conditions: 1. In order to compensate for impacts associated with this permit, mitigarion shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mirigation 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. Recoimnendations numbered 1-7, 9-11 in the attached letter from the North Carolina Wildlife Resource Coinmission dated August 13, 2014 are hereby incorporated as special conditions of this permit verification. This verificarion will remain valid unril the expirarion date idenrified below unless the nationwide authorizarion is modified, suspended or revoked. If, prior to the expiration date identified below, the narionwide 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 Secrion 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 9] 9-807-6300) 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 Ciry, NC, at (252) 808-2808. This Departmcnt of the Army verification does not relieve the permittee of the responsibility to obtain any othcr required Fedcral, 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 Andrew Williams at 919-554-4884 x26 or Andrew.E.Williams2(a)usace.army.mil. ������ aN"rtallUS�o�-�.SGnvemmentAOURDODEOU4VKfi�fi55 �� -VSqcn-WiLLIHMSANDR[W E ti065515i5 �� Da[e: �Ot4 oP t 3 oA'3n:�] -Oa'oo' Corps Regulatory Official: Date: 08/13/2014 Expiration Date of Verification: 03/18/2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Adininistrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Scction 404 of the Clean Water Act. Unless thcre is a change in thc law or our published regularions, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. � There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our p�iblished r�gulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The j�trisdictional areas within the above described project area have been identifiEd under a previous action. Please refercnce jurisdictional determination issued . Action ID: SAW- . Bas1s Fol' Detet'mination: The two (2) streams are relatively permanent waters (RPWs). One stream is an unnamed tributary to Joe's Creek and the other is Tripletts Creek. Both flow to Joe's Creek, an RPW. Joe's Creek is a tributary to Buffalo Creek, an RPW. Buffalo Creek flows to the Yadkin River, a traditionally navigable water (TNW). The Yadlcin River is a tributary to the Pee Dee River, a navigable water of the iJnited States. The Ordinary High Water Mark (OHWMs) of the streams were indicated by information provided by the applicant. This jurisdictional determination is only for the streams proposed for impacts associated with this Nationwide Permit verification and does not include any other waters/wetlands that may be located on the project site. Remarks: None E. Attention USDA Program Participants This delincation/dctcrmination has bcen conducted to identify the limits of Corps' Clcan Watcr Act jurisdiction for thc parricular site idcntified in this requcst. The delincation/dctcrmination may not be valid for the wetland conscrvation provisions of thc Food Sccurity Act of 1985. If you or your tenant are USDA Program parricipants, or anticipate participation in USDA programs, you should request a ccrtified wetland detcrmination from the local officc of the Natural Resources Conscrvation Service, prior to starting work. F. AppealS Inf01'matlOn (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdicrional determination far the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steelc, Review Officer 60 Farsyth Street SW, Room 1OM15 Atlanta, Geargia 30303-8801 Phone: (404) 562-5137 In order for an RFA to bc acccpted by the Corps, the Corps must dctcnnine that it is coinpleYe, that it meets the critcria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to subinit an RFA form, it must be reccived at the above address by October 13, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondencc.** d ���� Digitally signed by WILLIAMS.ANDREW.E7244561655 ��■ , DN: c=US, o=LLS. Govemment, ou=DoD, ou=PKl, � • n � - � ou=USA, cn=WILLIAMS.ANDREW.E.1244561655 !i�[.X.ti�. Corps Regulatary Official: oace:zoi4.oa.isos:saso-oaoo Andrew Williams Date of JD: 08/I1/2014 E�pirarion Date of JD: August 13, 2014 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 our customer Satisfaction Survey online at http://i-e�ulatory.usacesurve. .�. Copy furnished (via e-mail): Dave Wanucha North Carolina Department of Natural Resources Division of Water Resources 585 Waughtown Street Winston-Salem, NC 27107 Marla J. Chambers Western NCDOT Projects Coordinator North Carolina Wildlife Resources Commission 206 Charter Street Albemarle, NC 28001 Todd Tugwell Regulatory Project Manager U.S. Army Corps of Engineers 11405 Falls of Neuse Road Wake Forest, North Carolina 27587 Beth Harmon DOT Coordinator North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Action ID Number: SAW-2014-01453 County: Watau�a Permittee: NC DOT DIV I1 Heath Slaughter Project Name: NCDOT/SR1526B/11C.095102/Divisionll Date Verification Issued: 08/13/2014 Project Manager: Andrew Williams 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: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 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 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: NC DOT DIV 11 File Number: SAW-2014-01453 Date: 08/13/2014 Heath Slaughter Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A n PROFFERED PERMIT (Standard Permit or Letter of permissionl B PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELiMINARY JURISDICTIONAL DETERMINATION � 0 0 SECTION I- The following identifies your rights and options regarding an administrarive appeal of the above decision. Additional infonnation may be found at or htt��://w��w.usac.e.army.mil/Missions/CivilWor-1<s/Re�ulatoryPro�ramandPermits.aspx or the Coms re�ulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional detertninations associated with the pennit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accardingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) inodify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your wark is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pennit under the Corps of Engineers Adminis�rative Appeal Process by completing Section II of this farm and sending the form to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form inust be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliininary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you inay provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or ineeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new infarmation or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: lf you have questions regarding this decision and/or the lf you only have questions regarding the appeal process you inay appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Andrew Williams CESAD-PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For Permit denials, Proffered Permits and approved.Iurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Pat McCrory Governor ��� � �� NCDENR North Carolina Department of Environment and Natural Resources John E. Skvarla, III Secretary July 18, 2014 Watauga County NCDWR Project No. 20140698 SR 1526B Improvements, Watauga County State Proj ect No. 11 C.095102 APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr. Heath Slaughter, Division Environmental Officer (electronic copy only) NCDOT, Division 11 P.O. Box 250 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 replacing culverts/wet pipes in UTs to Joe's Creek and Triplett Creek as part of grade, drain, base and pave project for SR 1526B (Sampson Road) in Watauga County: Stream Permanent Fill in Perennial Site Stream (riprap and culvert) 92+38 119+63 ar 30 30 � in the Yadkin River Basin Temporary Fill in Total Stream Perennial Stream Impact (dewatering) (linear feet) n:..,.,... r ,..� 40 40 Total � 60 � 80 Total Stream Impact for Project: 140 linear feet. 70 70 140 Stream Impacts Requiring Mitigation (linear feet) 0 0 The project shall be constructed in accordance with your application dated received July 8, 2014. 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 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 ar 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 Pertnitting Unit 1617 Mail Service Center, Raleigh, NoRh Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-733-1290 Internet: www.ncwatemualiN.orp An Equal OppoRunity 1 AffirmaGve Action Employer NorthCarolina �atura!!r� 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 culyerts with a diameter greater than 48 inches, and 20 percerit 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. The outside buffer, wetland or water boundary located within the construction corridor approved by this 1 authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts fo areas within the fencing are prohibited unless otherwise authorized by this certification. 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. 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. � 5. 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. 6. For the 80 total linear feet of streams being impacted due to dewatering activities, the sites shall be graded to their preconstruction contours and revegetated with appropriate native species. During the dewatering process, sediment laden water within the construction area must first be pumped into a silt bag prior to discharging/returning back to the stream. 7. 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. 8. This project has the potential to impact Trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable then the requirements of any moratorium(s) 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. 9. 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. 10. NCDOT shall be in strict compliance with the NCS000250 issued to the NCDOT, including the applicable \ requirements of the NCGO 10000. 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. 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 iinal design drawings adhere to the permit and to the permit drawings submitted for approval. � 5. Ali 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. 6. Heavy equipment shall be operated from the banks rather than in the stream channel in arder to minimize sedimentation and reduce the introduction of other pollutants into the stream. 7. 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. 8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 10. 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 ar federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. 1 l. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 12. 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. 13. 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. 14. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 15. 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. 16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste ar borrow sites, or access roads to waste or borrow sites, be located in wetlands ar streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 17. Erosion and sediment control practices must be in full compliance with ali 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. 18. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 19. 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. 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 S: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 Dave Wanucha at (336) 771-4951 or Dave.Wanucha@ncdenr.gov. Sincerely, � �r Thomas A. Reeder, Director Division of Water Resources Cc: Andrew Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) Marla Chambers, NC Wildlife Resources Commission (electronic copy only) Mike Pettyjohn, PE, Division Engineer (electronic copy only) Dave Wanucha, NCDWR Winston Salem Regional Office (electronic copy only) File Copy