20170740 Ver 1_Approval Letter_20170627

ROY COOPER
currruor
MICHAEL S. REGAN
Sra.von
Environmentul S. JAY ZIMMERMAN
[1hrc�ior
QUa�[ry
June 27, 2017
Alle�hany County
NCDWR Project No.?0170740
NC I S Shoulder Bank Stabilization
Project No. I I.10031 I
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Environmental Ofticer
NCDOT. Division I 1
801 Slatesville Road
North Wilkesboro, NC 28659
Dear Mc Slaughter.
You have our approval, in accordance with the condi[ions listed below, for the following impacts [o cons[ruct a
concrete re[ainin_ wall in a UT [o Laurel Fbrk in Alle�.hany County to correct a shoulder failure alon� NC I S:
Site
S[ream Im acts in the New River Basin
Temporary Fill in Permanen[ Fill in S[ream Impacts
Perennial Stream Perennial Stream
(linear ft) (linear k) Total Stream Impact Reyuiring
(linear Ct) Mitigation
Dewatering Re[aining Wall (linear ft)
40 130 170 -
40 130 170 -
Total Stream Impacts for Projech 1�0 linear feet
The project shall be construc[ed in accordance with your applica[ion da[ed received June15, 2017. After reviewing
your applicatinn, we have decided [ha[ these impacts are covered by General Water Quality Certification Number
4087. This certification corresponds to [he Nationwide Permit 13 issued by the Corps of Cngineers. In addi[ion.
you should acquire any o[her federal, state or local permits before you proceed wi[h your projec[ including (bu[ not
limited to) Sediment and Erosion Control, Non-Discharge and Warer Supply Watershed regulations. This approval
will expire with the accompanyin� 404 permi[.
l'his 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. Ifthe property is sold, the
new owner must be eiven a copy of this Certification and approval letter, and is thereby responsible for complyine
with all [he conditions. If total wedand fills for this project (now or in the future) exceed one acre, or of rotal
impacts to streams (now or in the future) eaceed 300 linear feet, compensatory miti�ation may be required as
described in I SA 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.
Stare o(Nonh Carolfna I Emimnmental Qualiry
1617 Mail Service Centtr I Raleigh, Nanh Carolina 27699-1617

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. [15A NCAC 02H.0506(b)(2)]
2. 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 iiue to the
potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200]
3. 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. [15A NCAC
02H.0506(b)(2)]
4. 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. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
5. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to
the site for pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing
vegetated buffers is strongly discouraged. [15A NCAC 02B.0224 and 0225]
6. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas
draining to Trout waters. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT,
including the applicable requirements of the NCGO 10000.
General Conditions
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 NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. 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. [15A NCAC 02H.0506(b)(2)]
3. 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. [15A NCAC
02H.0506(b)(2)]
4. 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. [15A NCAC 02H.0506(b)(2)]
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]

6. 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 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. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
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. [15A NCAC
02H.0506(b)(3)]
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. [15A
NCAC 02H.0506(b)(3)] �
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
11. 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. [15A NCAC 02B.0200] '
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
13. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
��)�2)� '
14. 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. [15A NCAC
02H.0501 and .0502] '
15. 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.
16. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)] "
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) 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. [15A NCAC
o2x.oso2� fl�
18. 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. [15A NCAC 02B.506(b)(2)]
19. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]

20. Erosion and sediment conhol practices must be in full compliance with all specifications goveming the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards [15A NCAC 02H.0506(bx3) and (c)(3]):
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 Carolrna Sediment and Erosion
Contro/ Planning and Desigrr 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
Caro/rna Sedrment and Erosron Contro! Mawual. T'he devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased bortow 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 Mrnrng
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requiremenu of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) and (cx3)]
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 Heazings during nortnal office hours. The Office of
Administrative Hearings accepu filings Monday tivough Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of
Administrative Hearings.
The petition may be faued-provided the original and one copy of the document is received by the Office of
Administrative Heazings within five (5) business days following the fa�ced transmission.
The mailing address for the Office of Administrative Hearings is:
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
Deparhnent 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 con[act Dave Wanucha at [phone] or Dave. [e-mail].
Sincerely,
'� i
S. Zi mertnan Director
Division of Water Resaurces
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environmentul
Quality
NCDWR Project No.:
Applicanl:
ProjeM Name:
Date of Issuance oP401 Wa[er Quality Certitication:
County:
ROY COOPER
�,�„��-„��„
MICHAEL S. REGAN
�rrrrrm r
S. JAY ZIMMERMAN
i,���e��r�„�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicam is required to retum this certiticate to the 401 Transportation Pemiitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 2 7699-1 6 1 7. This form
may be remmed to NCDWR by the applicant, the applicant's authorized agent, or the project en�ineer. It is not
necessary to send certificates from all of these.
Applicaril's Cerfificalion
1, , hereby state that, ro[he bes[ of my abilities, due care and diligence
was used in the observation of the construction such that the construction was obszrved to be built within substantial
compliance and in[ent ofthe 40I Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportin� marerials.
Signature: Date:
AgenPs Certifrcatfoir
1, , hereby s[ale that, to the best of my abilities, due care and diligence
was used in [he observa[ion of [he cons[ruc[ion such that the construc[ion was observed to be built within substantial
compliance and intent of the d01 Water Quality Certification and Buffer Rules, the approved plans and
specificalions, and other supporting materials.
Signature:
Engineer's Certificulinn
Partial Final
I, , as a duly registered Professional En_ineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full [ime) the construction of [he project for the
Pennittee hereby stare Ihat, [o [he best of my abilities, due care and diligence was used in the observation of [he
construction such [hat the construction was observed to be built within subs[antial compliance and intent ofthe 401
Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Re�istration No.
Stale o(North Carolina � hnvimnmenml Quality
I617 Mail Service Center I Raleigh, North Carolina 27699-1617