20140698 Ver 2_Sampson Road Trout Waiver Revision2 05312019_20190531

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
May 31, 2019
Mr. Kevin Hining
Division Environmental Officer
NCDOT Division 11
801 Statesville Road
North Wilkesboro, NC 28659
Subject: Revised Trout Buffer Waiver (Revision #2)
SR 1526A, Sampson Road
TB-WATAU-2017-005
Watauga County
Dear Mr. Hining:
This office has received your second revised plan for improvements to SR 1526A,
Sampson Road, in Watauga County, North Carolina. Your plan was submitted to this
office for approval because of the proposed encroachments into the buffer zone of
designated trout waters. In accordance with NCGS 113A-57(1) and Title 15A NCAC
4B .0125(c), this letter will serve as written approval to encroach an additional 474
feet on the buffer zones of Joe's Creek and into unnamed tributaries of Joe's Creek in
Watauga County (Class: C; Trout). This authority has been delegated to me by the
Director of the Division of Energy, Mineral, and Land Resources, in accordance with
NCGS 143B-10. The following conditions will apply to this approval:
This approval is based on the plan and supplemental information
received via electronic mail on May 21, 2019.
This approval is conditional upon compliance with your 401 and 404
approvals. (G.S. 113A-54.1 (a)).
3. No instream work (in streams with trout classifications) or land disturbing
within the 25-foot trout zone may take place between October 15 and April
15 of each year. (G.S. 113A-54.1 (a)).
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27103
336,776.9800

Mr. Kevin Hining
May 31, 2019
Page 2
4. Submit two (2) complete sets of the "final" plans to the Winston-Salem
Regional Office (11" x 17" is preferred) for our files (15 NCAC
04B .0120).
S. This approval does not absolve the permittee from compliance with
the surface water quality turbidity standard. More protective erosion
and sedimentation control measures may be required in order to
comply with this water quality standard. (G.S.113A-54.1(a)).
6. All bank repairs, stabilization, grading, or any other disturbances
within the 25-foot buffer zone shall be completed by the end of each
day. Work shall be scheduled so that at the end of each day bare
ground is not exposed and all disturbed areas including banks shall
have an adequate temporary or permanent ground cover in place.
7. The Contractor shall install and maintain erosion control devices
sufficient to contain sediment around any erodible material stockpile
areas as directed. No earthen -material stockpile shall be located
within the 25-foot buffer zone of any surface water classified as trout
waters by the Environmental Management Commission.
Your cooperation in protecting our environment is most appreciated. If you
have any questions about this approval, please contact me at
Matt.Gantt(@ncdenr.gov or [phone].
Sincerely,
Matthew E. Gantt, PE
Section Chief for Regional Operations
Land Quality Section
Cc: William E. Vinson, Jr., PE, CPM, CPESC, DEMLR Section Chief for Program
Operations (via email)
Julie Coco, PE, DEMLR, State Sedimentation Specialist (via email)
Lon Snider, WSRO Water Quality Supervisor (via email)