20090761 Ver 1_Approval Letter_20090721

NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
July 21, 2009
Watauga County
N CD W Q Project No. 20090761
SRI 123B
State Project No. I IC.095093
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter, Division Environmental Officer
NCDOT, Division 11
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Slaughter:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of road improvements to SR 1123B (Laurel Creek Road) in Watauga County:
Stream Imnacls in the Watauga River Basin
Site Stream Name Permanent Temporary Permanent Temporary Stream
Pill 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 fl linear fl
I UTl to Laurel Creek 20 40 0
2 UT2 to Laurel Creek 10 40 0
3 UT3 to Laurel Creek 10 40 0
40 120 0
Total
Total Stream Impact for Project: 40 linear feet of permanent and 120 linear feet of temporary.
The project shall be constructed in accordance with your application received dated June 29, 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
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 most 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.
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.encstate.nc.us Winston-Salem, NC 27107 FAX [phone]
North Carolina
Nati 1'llllf
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0 % Post Consumer Paper
Mr. Heath Slaughter, DEO
July 21, 2009
DWQ# 09-0761
Page 2
Condition(s) of Certification:
1. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the
brown and brook trout-spawning season of October 15 through April 15 to protect the egg and fry
stages of trout.
2. Due to the existing perched pipe and rocky terrain at station 37+00 and the excessive slope (6%)
at station number 34+45 and 43+70, pipe burial is not required. Pipes will instead be laid at
grade.
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 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,
ke H. Sullins
Director
Cc: Monte Matthews, US Army Corp District Office, Raleigh Field Office
Ron Linville, NC Wildlife Resources Commission