20070187 Ver 1_Approval Letter_20070213

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~ G Michael F. Easley, Governor
William G. Ross Jr., Secretary
~~ ~ North Carolina Department of Environment and Natural Resources
~ ~
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 9, 2007
Wilkes County
DWQ Project No. 07-0187
SR 1545 (Reavis Rd)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts in order to
improve, widen and pave SR 1545 (Reavis Rd) in Wilkes County.
• 65 linear feet of new impacts to two different unnamed tributaries to Kilby Branch (35 feet of piping impacts, 30 feet of riprap);
• 25 linear feet of stream restoration from the removal of a pipe under the existing road; and
• a total of 0.009 acres of temporary impacts from dewatering at both pipe replacement locations.
The project shall be constructed in accordance with your application dated January 30, 2007. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Numbers 14 and 33 respectively. In addition, you should acquire any other federal, state or
local pernuts 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 federal permit. This condition
supersedes, condition No. 19 in the General Certification 3404 and condition No. 12 in the General Certification 3366.
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. Upon replacement of the pipe at Station 24+72 in the area where there no longer be a pipe under a portion of the existing
gravel road the stream channel will be sized to match the channel upstream of this area and the stream banks will be reshaped
on a 2:1 slope and will be stabilized with rolled erosion control products. The Division Environmental Officer shall be
notified when the work is complete.
2. The pernuttee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)J. Temporary cover (wheat,
millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within 15 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. Matting should be secured in place with staples or
wherever possible, lives stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards:
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 Carolina Sediment and Erosion Control Planning and Design
Manual.
Noe Caro ma
~tura~ly
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

/Ir. Mike Pettyjohn, P.E.
February 9, 2007
DWQ# 07-00187
Page 3
20. 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 DWQ 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, DWQ may reevaluate and modify this certification.
21. 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 Sue Homewood at 336-771-4964 or at [e-mail].
Sincerely,
~~~
Alan W. Klimek, P.E.
Attachment
cc: Monte Matthews, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
DWQ 401 Transportation Permitting Unit
DWQ Winston Salem Regional Office
DWQ Central Files