20090572 Ver 1_Approval Letter_20090601

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 1, 2009
Ashe County
NCDWQ Project No. 20090572
SR1300
State Project No. I1C.095086.
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Division Environmental Officer'
NCDOT, Division I 1
PO Box 250
North Wilkesboro, NC 28659
Dear, Mr. Slaughter:
You have bur approval, in accordance with the conditions listed below, for the following impacts for the
purpose of road improvements to SR 1300 (B.H. Duncan Road) in Ashe County:
Qt.oom fmnarfc in the Watanan River Rasin
Site No. Stream Name Permanent Temporary Permanent Temporary Stream
Fill in dewatering Fill in dewatering Impacts
Intermittent impacts in Perennial impacts in Requiring
Stream Intermittent Stream Perennial Mitigation
(linear ft) Stream (linear ft) Stream (linear ft)
linear 11 linear ft
Sl UT I to Wallace Branch 68 40 NA
S2 UT 2 to Wallace Branch 30 40 NA
S3 UT 3 to Wallace Branch 60 40 NA
S4 UT 4 to Wallace Branch 50 40
S5 UT 5 to Wallace Branch 27 40 NA
27 40 208 160 NA
Total
Total Stream Impact for Project: 235 linear feet of permanent anu zuu linear feet of temporary.
111,.w....a i.........ae ;., thn No... Aivnr Rodn_Nnn_tid al Freshwater March
Site Fill
(ac) Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing (ac) Hand Clearing
(ac) Total Wetland
Impact (ac)
w l 0.003 0.003
W2 0.003 0.003
W3 0.006 0.006
W4 0.087 0.087
W5 0.021 0.021

Total 0.12 0.12
Total Wetland Impact for Project: UAL acres.
.,:
The project shall be constructed in accordance with your application dated May 13, 2009. After
reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3704. This certification corresponds to Nationwide Permit 14 issued by the Corps
I hCarchon
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service ? atura??
Internet h2o.enrstate.nc.us Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affrmalive Action Employer- 50% Recycled/10% Post Consumer Paper

Mr. Heath Slaughter, DEO
June 1, 2009
DWQ# 09-0572
Page 2
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 NCDWQ 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 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.
Condition(s) of Certification:
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.
Due to the small size of these.waters,?the moratorium maybe avoided if work is accomplished
a completely in the dry and the affected areas completely stabilizedtprionto.stream flows being 8
restored.
2. Culverts currently perched can remain perched, if slope does not allow them to be buried. For all
other culverts, 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 NCDWQ. If this condition is
unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
3. The outside 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.
Mr. Heath Slaughter, DEO
June 1, 2009
DWQ# 09-0572
Page 3
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. 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 [phone].
Sincerely
oleen H. Sullins
Director
Cc: Monte Matthews, US Army Corp District Office, Raleigh Field Office .
Ron Linville, NC Wildlife Resources Commission
Wetlands/ 401 Transportation Permitting
File Copy .