20081170 Ver 1_Approval Letter_20080825

W AT
F9PG
p~pF Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~_ ~
Q ~ Coleen Sullins, Director
Division of Water Quality
August 25, 2008
Ashe County
DWQ Project No. 08-1170
SR 1233
APPROVAL of 401 Water Quality Certification
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to incur the
following impacts in order to replace Bridge No. 302 over Cove Creek in Watauga County with a.bottomless
culvert:
• 96 linear feet of permanent impact due to the installation of the bottomless culvert; and
• 90 feet of permanent impacts to the use of riprap for bank stabilization at both ends of the culvert;
The project shall be constructed in accordance with your application dated July 18, 2008. After reviewing your
application, we have decided General Water Quality Certification No. 3689 and 3701, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Numbers 13 and 23, covers that temporary and permanent fill,
respectively. 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 maybe 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.
No°e Carolina
~atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone] i-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Greg Thorpe, P.E.
August 25, 2008
DWQ# 08-1170
Page 2
2. NC DOT shall use /Design Standards in Sensitive Watersheds / [15A NCAC 4B .0124(a)-(e)] for
the entire project. However, due to the size of the project, NC DOT shall not be required to meet
15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover
(wheat, millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare
soil within 15 working days of ground disturbing activities to provide long-term erosion control.
Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which
cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible,
live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
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. 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.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the certification and to the
drawings submitted for approval.
7. 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.
8. 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.
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
11. The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.
12. Native riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion of construction.
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,

Mr. Greg Thorpe, P.E.
August 25, 2008
DWQ# 08-1170
Page 3
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 Sullins
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. Greg Thorpe, P.E.
August 25, 2008
DWQ# 08-1170
Page 4
DWQ Project No.:
County:
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/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be 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:
Agent's Certification
Date:
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