20080373 Ver 1_Approval Letter_20080401

~~F W ATFR Michael F. Easley, Governor
Q
~ G
~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources

~ ~ Coleen Sullins, Director
Division of Water Quality
April 1, 2008
Ashe County
DWQ Project No. 08-0373
Little Piney Road (SR 1522A)
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
for pipe replacements on Little Piney Road.
• 201inear feet of new piping impacts to Unnamed Tributary Number 1 to Little Piney Creek (10 feet of new pipe
and 10 feet of rip rap);
• 541inear feet of new piping impacts to Unnamed Tributary Number 2 to Little Piney Creek (44 feet of new pipe
and 10 feet of rip rap);
• 451inear feet of new piping impacts to Unnamed Tributary Number 3 to Little Piney Creek (35 feet of new pipe
and 10 feet of rip rap);
• 0.006 acres of wetland fill; and
Temporary dewatering impacts.
The project shall be constructed in accordance with your application dated February 27, 2008. 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 ilnpacts 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. Where 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
Noe Carolina
~'rura~~y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
April 1, 2008
DWQ# 08-0373
Page 2
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage.
3. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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.
4. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings submitted
for approval.
5. 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:
6. 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.
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. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
10. All work shall be performed during low flow conditions.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours.
13. 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,
r~.~-
Coleen H. Sullins, Director
Division of Water Quality
Attachment
cc: Monte Matthews, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office

Mr. Mike Pettyjohn, P.E.
April 1, 2008
DWQ# 08-0373
Page 3
DWQ Project No.:
Applicant:
County:
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/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
maybe returned to DWQ 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
I, ,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
I, ,hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , 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