20110060 Ver 1_Approval Letter_20100827

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NCDE dR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2011
Madison County
. TIP B-4183
DWQ Project 20110060
NCSR 1526 (Crooked Creek Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts in Crooked Creek and
Middle Fork Creek for the purpose of replacing the Bridge No. 28 with a 58-foot long double barrel 10-foot by 7-foot
reinforced concrete box culvert and Bridge No. 29 with a 51-foot long triple barrel 9-foot by 10-foot reinforced concrete
box culvert on NCSR 1526 (Crooked Creek Road) in Madison County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Bank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear, in Perennial Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
linear ft linear ft linear ft linear ft
Site 1 0 85 50 49 184 50
Site 2 0 0 210 69 279 210
Total 0 85 260 118 463 260
Total Permanent Stream Impacts for Project: 345 lin. ft. Total Temporary Stream Impacts for Project: 118 linear ft.
The project should be constructed in accordance with your application dated January 7, 2011 (received January 19, 2011),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Nos. 3689, 3701 and 3688, corresponding
to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 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 is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must
SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE One
Location: 2990 U.S. Highway 70, Swannanoa, North Carolina 28778 NOi utCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 - //U
Internet www.ncwaterquality.org Naturally
An Equal opportunity \ Affirmative Adorn Employer

Dr. Gregory Thorpe, Ph.D.
January 27, 2011
Page Two
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.
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.
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.
The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124 (a)-(e)] in areas
draining to HQW waters. However, due to the size of the project, NCDOT shall not be required to meet 15A
NCAC 4B .0124(a) regarding the maximum amount of uncovered area. Temporary cover (wheat, millet, or
similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days
of ground disturbing activities to provide erosion control.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exceptions. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the
appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward
from top of stream bank.
Dr. Gregory Thorpe, Ph.D.
January 27, 2011
Page Three
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr),
High Quality Waters (HQW), or Water Supply I or II (WSI, WSH) stormwater shall be directed to vegetated
buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating storm
water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly
discouraged.
6. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife
Resources Commission.
7. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to diverting water
into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization
shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of
the relocated channel to the maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be
necessary to relocate stranded fish to the new channel to prevent fish kills.
8. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams 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.
9. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
12. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
13. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
14. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
15. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
16. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
Dr. Gregory Thorpe, Ph.D.
January 27, 20t 1
Page Four
18. 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.
19 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
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.
27. 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 NCDWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
Offsite Stream Mitigation
Compensatory mitigation for impacts to 260 linear feet of streams at a replacement ration of 1:1 is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the
project. EEP has indicated in a letter dated October 27, 2010 that they will assume responsibility for satisfying the
Federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with
the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
Dr. Gregory Thorpe, Ph.D.
January 27, 2011
Page Five
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
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 telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Colleen H. Sullins, Director
Division of Water Quality
cc: Lori Beckwith, USACE, Asheville Field Office
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
20110060 (Thorpe B4183 NCSR 1526 (Crooked Creek Road)