20041905 Ver 1_Approval Letter_20050406

O~C W A TF,4 Michael F. Easley, Governor
Q
~
~ G
~ William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 21, 2005
Watauga County
DWQ Project No. 04-1905
SR 1127 (Shawnee 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 widen, pave and improve traffic safety on SR 1127 (Shawnee Rd) in Watauga County.
• 1901inear feet of new piping impacts to eight (8) unnamed tributaries to the Shawneehaw Creek (110 feet of new pipe
and 80 feet of rip-rap);
Temporary dewatering impacts of approximately 0.003 (total) acres at stations 38+10 and 47+85.
The project shall be constructed in accordance with your application dated November 17, 2004 (received November 29,
2004). 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. 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, unless otherwise specified in the Water Quality Certification.
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 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.
1. NCDOT will adhere to the requests made in the attached letter from the NCDENR Division of Parks and
Recreation in order to reduce long-term impacts to the adjacent Beech Creek Bog.
2. Shawneehaw Creek and its tributaries are classified as Trout waters. NCDOT shall strictly adhere to the Best
Management Practices for the Protection of Surface Waters (NCDOT August 2003) and Sedimentation and
Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)] throughout design and
construction of the project.
3. Instream work and land disturbance within the 25 foot wide buffer zone are prohibited during the brown and
brook trout spawning season of October 15 through April 15 to the egg and fry stages of trout from off-site
sedimentation during construction.
Noy` Carolina
~tura!!y
North Carolina Division of Water Quality S8S Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper

Mr. Mike Pettyjohn, P.E.
March 21, 2005
DWQ# 04-1905
Page 2
4. 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.
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 Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow 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 Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the completion of the project.
7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
8. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they maybe utilized for stormwater sheet flow.
9. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater
than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established
in the culvert following installation and to provide aquatic life passage during periods of low flow. These
measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced,
and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow
through without freefalling or damming on either end of the culverts during low flow conditions, to maintain
aquatic life and/or fish passage.
10. Due to extreme slopes present at stations 38+10, 40+40, and 47+85, these pipes will not be buried as indicated
above, but an energy dissipater pads will be placed in the channel below the pipe outlet to reduce scour as
appropriate.
11. The dimension, pattern and profile of the stream above and below any crossing should not be modified by
widening the stream channel or reducing the depth of the stream.
12. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
13. 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.
14. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will
lessen the chance of altering the stream's water chemistry and causing a fish kill.

Mr. Mike Pettyjohn, P.E.
March 21, 2005
DWQ# 04-1905
Page 3
15. 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.
16. 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.
17. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts.
18. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
19. All work shall be performed during low flow conditions.
20. 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 336-771-4600 extension 287 or at [e-mail].
Sincerely,
~~~
~/ Alan W. Klimek, P.E.
6r
Attachment
cc: Wilmington District Corps of Engineers
John Thomas, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
~Wetlandsl40l; U~"
Winston Salem Regional Office
Central Files

Mr. Mike Pettyjohn, P.E.
March 21, 2005
DWQ# 04-1905
Page 4
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the,observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date