HomeMy WebLinkAbout20080050 Ver 1_Approval Letter_200802184
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Michael F Easley Governor
BFILE COPY William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dear Dr Thorpe
Division of Water Quality
February 18 2008
Burke County
DWQ Project 080050
TIP No B 4038
Bridge No 26 NC Highway 183 _
You have our approval in accordance with the conditions listed below for the following impacts to the Linville River
and to an unnamed tributary to the Linville River for the purpose of constructing a new bridge on NC Highway 183 in
Burke County
Sti earn Impacts in the Catawba Rn er Basin
Site
Permanent
Temporary
Permanent
Temporary
Total
Sti eam
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream (linear
Stream (linear
Stream
Stream
(linear ft)
Mitigation
ft)
ft)
(linear ft )
(linear ft)
(linear ft
Linville River
0
0
0
132
132
0
ut to Linville River
0
0
160
0
160
160
Total 1
0
0
160 1
132 1
292
160
Total Stream Impact for Project 160 linear feet Temporary Impacts for Project 132 linear feet
The project should be constructed in accordance with your application dated December 28 2007 (received January 9
2008) 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 No 3704 corresponding to the U S
Army Corps of Engineers General Permit Number 31 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
Please note that new 401 Water Quality Certifications went into effect on November 1, 2007 These Certifications
contain additional requirements that were not in the old certifications You are strongly urged to review these
new certifications (attached) and become familiar with their requirements
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 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
NorthCnrolin,i
vVaturally
North Carolina Division of Water Quality 2090 U S Highway 70 Swannanoa NC 28778 Phone (828) 296 4500 Customer Service
Internet www ncwaterquality org FAX (828) 299 7043 1 877 623 6748
An Equal Opportunity /Affirmative Action Employer
Dr Gregory J Thorpe PhD
February 18 2008
Page Two
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 s all nofbe placed -in wetlands or wags u ess otherwise - approved -by this-
Certification If placement of sediment and erosion control devices in wetlands and waters is unavoidable they shall
be removed and the natural grade restored upon completion of the project
3 The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B 0124 (a) (e)] Temporary cover
(wheat millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within fifteen
(15) working days of ground disturbing activities to provide long term erosion control Erosion control mating shall
be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas Steep slopes are
defined as those slopes graded at an angle which cannot retain vegetative cover Matting should be secured in place
with staples or wherever possible live stakes of native trees Straw mulch and tall fescue shall not be used in
riparian areas
G If multiple pipes or barrels are required they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and /or sills where appropriate Widening the stream shall
be avoided Stream channel widening at the inlet or outlet end of stiuctures typically decreases water velocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
i In stream work and land disturbance within the 25 foot buffer zone are piohibrted during the trout spawning season
of October 15 through April 15 to protect the egg and fry stages of trout from off site sedimentation during
construction of the highway
Compensatory Mitigation for impacts to 160 linear feet of stream 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 December 10 2007 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 April 12 2004
7 The post construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations The impacted area shall be revegetated with appropriate native species
3 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
Bridge deck drains should not discharge directly into the streams Stormwater shall be directed across the bridge and
pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffers etc ) before
entering the stream Please refer to the most current version of Stormwater Best Management Practices Stormwater
shall be managed in accordance with your State Stormwater Permit issued by the Division of Water Quality
10 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr) High
Quality Waters (HQW) or Water Supply I or II (WS I WS 11) stormwater shall be directed to vegetated buffer
areas grass lined ditches or other means appropriate to the site for the purpose of pre treating stormwater runoff
prior to discharging directly into streams Mowing of existing vegetated buffer areas is strongly discouraged
11 The dimension pattern and profile of the stream above and below the culverts shall not be modified Disturbed
floodplains and streams shall be restored to natural geomorphic conditions
12 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
13 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
14 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
15 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
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
.'Dr aegory J Thorpe PhD
February 18 2008
Page Three
17 The Permtttee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval
18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited
19 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
20=A- copyef4hrs W atre�uah �- C- er- tification shall -be maitnaned on the construction site at all times= In-addrtian-thn--
Water Quality Certification and all subsequent modifications if any shall be maintained with the Division Engineer
and the on site project manager
21 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
22 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
23 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
24 The P(,nnittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
25 Upon completion of the project the NCDOT Division Engineer shall complete and return thc, enclosed Certificate of
Completion Form to notify NCDWQ when all work included in the §401 Certification has been completed This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality 2321 Crabtree
Blvd Suite 250 Raleigh North Carolina 27604
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
If this Certification is unacceptable to you have the right to an adjudreatory hearing upon written request within sixty (60)
days following receipt of this Certification This request must be in the form of a written petition conforrmng to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings 6714 Marl Service
Center Raleigh N C 27699 6714 If modifications are made to an original Certification you have the right to an
adjudreatory 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
Sincerely
� R e et-�564,,rl h
G Coleen H Sullins
G/ Director
cc David Baker US Army Corps of Engineers Asheville Field Office
Marla Chambers NC Wildlife Resources Commission
Chris Mrhtscher US Environmental Protection Agency
Gray Hauser NC Division of Land Quality Raleigh
Janet Boyer NC Division of Land Quality Asheville Regional Office
J J Swain Jr P E NCDOT Division 13 Engineer
Roger Bryan NCDOT Division 13 DEO
cCMrke Parker NCDWQ�'Asheville Regional Office
080050 (Thorpe) B 4038 NC Highway 183