20041851 Ver 2_Approval Letter_20080303

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O~~F Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
~ ~
p Y Coleen Sullins, Director
Division of Water Quality
March 3, 2008
Ashe County
DWQ Project No. 04-1851 (2)-reissue
Cranberry Creek Road (SR 1603A)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
North Carolina Department of Transportation
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyj ohn:
You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts
in order to pave, widen and improve traffic safety on SR 1603A (Cranberry Creek Rd) in Ashe County.
• 2401inear feet of new piping impacts to seven unnamed tributaries to Cranberry Creek (160 feet of new pipe and
80 feet of rip-rap);
• 0.0991 of wetland impacts (cut and fill);
Temporary dewatering impacts.
The project shall be constructed in accordance with your application dated November 17, 2004. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification No. 3704, corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Number 14. 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 is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the Division of Water Quality (Division) and submit a new application. If the
property is sold, the new owner must be given a copy of this approval letter and certifications, 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 if
total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions
listed in the attached certification and any additional conditions listed below.
1. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
2. Cranberry Creek and its tributaries are classified as Trout waters. NCDOT shall strictly adhere to the Best
Management Practices for the Protection of Surface Waters (NCDOT August 2003) and Sedimentation and
Erosion Control Guidelines for Sensitive Watersheds [15S NCAC 4B .0124 (a)-(e)] throughout design and
construction of the project.
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107
Noe Carolina
~alurally
Phone [phone] Customer Service
FAX [phone]
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' Mr: Nl~ike Pettyjohn, P.E.
March 3, 2008
DWQ# 04-1851 (2)
Page 2
3. 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.
4. Native riparian vegetation (willow, alder, etc.) must be reestablished within the construction limits of the project
by the end of the growing season following completion of construction.
5. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they maybe utilized for stormwater sheet flow.
6. Placement of culverts and other structures in waters, streams, and wetlands 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 down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on
how to proceed and to determine whether or not a modification to this certification will be required.
7. The dimension, pattern, and profile of the stream above and below the crossing shall not be modified by widening
the stream channel or reducing the depth of the stream. Disturbed floodplains and streams shall be restored to
natural geomorphic conditions.
8. Use of rip rap for bank stabilization is to be minimized; rather; native vegetation is to be planted when practical.
If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be
used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low
flow conditions.
9. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing 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. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
13. All work shall be performed during low flow conditions.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours.

Mr~l~~ike Pettyjohn, P.E.
March 3, 2008
DWQ# 04-1851 (2)
Page 3
16. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion
Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party
shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon
completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please contact Amy Euliss at 336-771-4959 or at [e-mail].
Sincerely,
~ ./~~_
Coleen H. Sullins, Director
Division of Water Quality
Attachment
cc: Monte Matthews, USAGE Raleigh Field Office
Heath Slaughter, Division 9, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office
DWQ Central Files