The URL can be used to link to this page

Home My WebLink About20081424 Ver 1_Approval Letter_20081107Michael f Fdsley Governor William G Ross Ir Scc,ruary North Carolina Department of C nvironment and Natural Resources Coleen H Sullins Director Division of Water Qualitv November 7, 2008 Jackson County DWQ Project No 081424 NCSR 1303 (Garnett Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mi J B Setzer, P E Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr Setzer You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Long Branch and in six (6) unnamed tributai ies to Long Bi anch, for the purpose of widening and making improvements to NCSR 1303 (Garnett Road) in Jackson County Stream Impacts ?n the Little Tennessee River Basin Site Seep Streambank Permanent Fill in Temporary Total Stream Stream Relocation Stab?I?iation Perennial Stream Dewatermg ?n Impact Impacts (linear ft) (linear ft) (linear ft) Perennial Stream (linear ft) Requiring (linear ft) Mitigation (linear ft 1 -STA 0 _ 115 0 140 255 0 5+35 to 6+50 2 - STA 0 60 0 85 145 0 7+00 to 7+60 3- STA 8+48 0 0 20 80 100 0 4 - STA 100 _ 0 0 125 225 0 8+50 to 9-+ 50 5 -- STA 0 - - - 38 - --- 0 63 101 0 _11,50 to 11+88 6- S rA 0 35 0 60 9> 0 14A15toW50 14+75 to 15+00 8 - STA 15+30 0 0 7 62 69 0 9- STA 0 _ _ __ _ 7 0 32 39 0 15+43 to 15+50 10 - STA 0 30 0 55 85 0 17+70 to 18+00 1 1- STA 21+62 0 0 13 70 83 0 12- STA 24+39 0 _ _ 18 73 91 0 12A-STA 24+39 0 -5 50 45 0 13 - STA 270 0 0 295 565 0 24+50 to 27+20 14 - STA 31+46 0 0 5 102 107 0 Total 370 310 58 1342 2080 0 North Carolina Division of Water Quality 2090 U S Highway 70 Swdnnanoa NC 28778 Internet www ncwaterquality org Phone (828) 296-4500 FAX (828) 299-7043 NorthCarolma Natm ally Customer Service 1 877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr J B Setzer, P E November 7, 2008 Page Two Total Stream Permanent Impact for Project 58 linear feet. "Iemporary Impact for Project- 1342 linear feet Stream Relocation for Project 370 linear feet Streambank Stabilization for Project- 310 linear feet Total Stream Impact for Project 2080 linear feet The project should be constructed in accordance with your application dated September 12, 2008 (received September 18, 2008) and additional information dated October 8, 2008 (received October 16, 2008), including the environmental commitments made in the application letters After reviewing your applications, we have decided that these impacts are covered by General Water Quality Certification No 3704, corresponding to the U S Army Corps of Engineers Nationwide Permit Number 14 In addition, you should acquire any othei 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 certification does not authorize the discharge of waste lock and dirt into the stream or riparian zone except for peimitted areas associated with the bank stabilization work 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, of if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be iequiied as deuribcd 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 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 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 Adequate sedimentation and erosion control measuti,s must be installed and maintained on the project site to minimize scduncnt transport to downstream aquatic resources fempormy covci (wheat, millet of similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following giound disturbing activities Ctosion control mating Shall be used in conjunction wadi appropriate seeding on disturbed soils in steep slope and ripai ran areas Matting should be secured in place with staples of wherever possible, live stakes of native trees Straw mulch and tall fescue shall not be used in riparian areas 4 In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited 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 roadway 5 All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted Channel relocations will be completed and stabilized, and must be approved oil site by DWQ staff, prior to diverting water into the new channel Whenever, possible, channel relocations shall be allowed to stabilize for an entire growing season Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical A transitional phase incorporating coir fiber matting and seedling establishment is allowable 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 6 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 structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage Mr J B Setzer, P E November 7, 2008 Page 7 hree 7 For projects impacting waters c.la5sificd by the NC Environmental Management Commission as Trout (Tr), High Quality Watems (HQW) or Water Supply I of 11 (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or othem 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 8 Native riparian vegetation (e g ihododendron, 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 giowing season following completion of construction 9 The use of riprap above the Normal High Water Mark shall be minimized Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage 10 Riprap 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 11 Heavy equipment shall be operated from the banks rather than in the stream channels in cider to minimize sedimentation and reduce the introduction of other pollutants into the stream 12 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 13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 15 No rock, sand or other materials Shall be dredged from the stream channel, except where authorized by this certification 16 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification 17 The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be cleat ly 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 18 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 19 7hc, issuance of this certification does not exempt the Perinittce form complying with any and all statutes, rules, iegulations or ordinances that may be imposed by other govci nicnt agencies (i (, local, state, and federal) having .jurisdiction, including but not limited to applicable buffci iules, stormwater managementiiules, soil erosion and Sedimentation control iequiiements, etc 20 7 he permittee and its authorized agents shall conduct its activities in a mannei consistent with State water quality standards (including any requnements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law If DWQ determines that such standards or laws are not being met (including failure to Sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 21 The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery 22 Upon completion of the pi oject, the NCDOT Division Engineer shall complete and return the 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 i ransportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd , Suite 250, Raleigh, North Carolina 27604 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 Phis certification and its conditions are final and binding unless you ask for a hearing Mi J B Setzer, P E November 7, 2008 Page Three 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 Paiker of the Asheville Regional Office at 828 296 4500 Sincerely, At`r c? ' Z:: C? c L ?L L r t Coleen H Sullins, Director Division of Water Quality cc Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 081424 (Selzer) NCSR 1303 (Garnett Road)