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Home My WebLink About20081754 Ver 1_Approval Letter_20090117RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary February 17, 2009 Henderson County DWQ Project No 20081754 TIP Project No R-505 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Gregory J Thorpe, Manager Project Development and Environmental Analysis Branch NC Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr Thorpe You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing the NC 225-25/I-26 Connector form US 25 to 1-26 in Henderson County Stream Impacts in the Broad River Basin Site Permanent Fill in Intermittent Stream (linear ft) Temporary Fill in Intermittent Stream (linear ft) Permanent Fill in Perennial Stream (linear ft) Temporary Fill in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation linear ft) 1 176 37 213 176 2 134 134 3 186 186 186 4 157 157 157 5 13 13 13 6 11 11 7 221 221 9 171 35 206 171 9 20 23 43 10 162 162 162 Total 232 1,019 95 1,346 865 Total Stream Impact for Project: 1,346 linear feet. Transportation and Permitting Unit 1650 Mad Service Center, Raleigh, North Carolina 27699-1650 -ap Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604 Phone 919 733 1786 1 FAX 919 733 6893 Internet http 1/h2o enr state nc us/ncwetlands/ NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer A ign NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director Wetland Impacts in the Broad River Basin Dee Freeman Secretary Site Fill Fill Excavation Mechanized Hand Clearing Area under Total Wetland (ac) (temporary) (ac) Clearing (ac) (ac) Bridge Impact (ac) ac ac 2 001 001 Riparian 9 001 001 002 Riparian 11 004 001 005 Riparian Total 0.06 0.02 0.08 Total Wetland Impact for Project: 0.08 acres. Open Water Pond Impacts in the Broad River Basin Site Permanent Fill in Open Waters ac Temporary Fill in Open Waters ac Total Fill in Open Waters (ac) 8 0 25 0 25 Total 0 25 0.25 Total Open Water Impact for Project: 0.25 acres. The project shall be constructed in accordance with your application dated received November 19, 2008 After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3704 This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers 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 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 the conditions If total wetland fills for this project (now or in the future) exceed one acre, or of 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 Condition(s) of Certification: 1 Compensatory mitigation for 865 linear feet of impact to streams 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 September 29, 2008 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 1650 Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604 Phone 919 733-17861 FAX 919-733-6893 Internet http //h2o enr state nc us/ncwetlands/ One rthCarohna No Nah(rally An Equal opportunity 1 Affirmative Action Employer AZJ L)" NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary 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 2 Two copies of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-construction meeting The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application dated November 19, 2008 (dated revised February 12, 2009) Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Quality At locations where ponds will be drained, proper measures will betaken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining If typical pond draining techniques will create significant disturbance to native aquatic species, additional measures such as collection and relocation may be necessary to prevent a significant fish kill NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to these species The permittee shall observe any natural channel re- establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain stable, and that no additional impacts occur within the natural stream channel as a result of draining the pond 4 Due to the pipe conditions at Site 1 (Station No 732+00-L-RT-), which would require the placement of the pipes on bedrock, DWQ will not require the burial of the culverts in the streambed in these locations However, design and placement of the culvert and other structures shall be installed in such a manner that the original stream profiles are not altered (i e , the depth of the channel must not be reduced by a widening of the streambed) Existing stream dimensions (including pattern and profile) are to be maintained above and below locations of each culvert The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ 5 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 6 In-stream work and land disturbance within the 25-foot wide buffer zone is prohibited during the trout-spawning period of January 1-April 15 to protect the egg and fry stages of rainbow trout 7 NCDOT shall use Design Standards in Sensitive Watersheds [I 5A NCAC 413 0124(a)-(e)] However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 413 0124(a) regarding the maximum amount of uncovered acres 8 Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot Transportation and Permitting Unit 1650 Mad Service Center, Raleigh, North Carolina 27699-1650 Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604 Phone 919-733-17861 FAX 919 733 6893 Internet http llh2o enr state nc uslncwetlandsl NorthCarohna NawrallY An Equal opportunity 1 Affirmative Action Employer ,T m NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary 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 DWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 9 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 10 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 11 The dimension, pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 12 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 13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 14 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 15 Heavy equipment shall be operated from the banks rather than in the stream channel 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 17 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification Transportation and Permitting Unit 1650 Mad Service Center, Raleigh, North Carolina 276991650 Location 2321 Crabtree Blvd , Raleigh North Carolina 27604 Phone 919-733-17861 FAX 919-733 6893 Internet http //h2o enr state nc us/ncwetlands/ NorthCarohna Nahmally An Equal Opportunity \ Affirmative Action Employer 'A North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary 18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 19 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 DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 20 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification 21 A copy of this Water Quality Certification shall be maintained on site at 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 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 from 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 Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 25 Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed 26 Native riparian vegetation (ex list trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction 27 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 Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 1650 Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604 Phone 919 733-17861 FAX 919-733 6893 Internet http l1h2o enr state nc uslncvvetlands/ NorthCarolina Naft(rallY An Equal opportunity 1 Affirmative Action Employer PTA ??® NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary 28 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 J The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 29 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N C 27699 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 Brian Wrenn at 919-733-5715 Si cerely, Coleen H Sullins Attachments (General Certification and Certificate of Completion form) Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604 Phone 919 733 1786 1 FAX 919 733-6893 Internet http llh2o enr state nc uslncwetlandsl NorthCarohna Nahmall'y An Equal Opportunity 1 Affirmative Action Employer A`4iM NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary cc Mark Davis, Division 14 Environmental Officer David Baker, US Army Corps of Engineers, Asheville Field Office Kathy Matthews, Environmental Protection Agency Marla Chambers, NC Wildlife Resources Commission Mike Parker, DWQ Asheville Regional Office File Copy Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 1650 One Location 2321 Crabtree Blvd , Raleigh North Carolina 27604 NorthCarolina Phone 919 733-17861 FAX 919-733 6893 ,??laR`? Internet http l/h2o enr state nc us/ncwetlandsl 6 ?a// An Equal Opportunity 1 Affirmative Action Employer