20090379 Ver 1_Approval Letter_20091026

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Severly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
October 26, 2009
Ashe County
NCDWQ Project No. 20090379,y,3
NC 16 Widening
TIP/State Project No. R-2100B
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, P.E.,
NCDOT PDEA-NEU
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of widening NC 16 Southeast of SR 1158 (Claudermash Road) to southeast of NC 88 in Ashe
County, Federal Aid Project:
Stream Impacts in the New River Basin
Site No. Stream no. Stream name Permanent Fill Temporary Fill Total Stream
impact in Perennial in Perennial Stream Impacts
Stream (linear Stream (linear Impact Requiring
ft) ft) (linear ft) Mitigation
linear ft
1 S2 UT 2 to Brush 45 14 59 NA
Creek
2 S3 UT3 to Brush 32 8 40 NA
Creek
3 S4 UT4A to 32 7 39 NA
Brush Creek
4A S 1 Brush Creek 15 0 15 NA
(UT 1)
4B S5 UT 4 to Brush 52 16 68 NA
Creek
6 and 7 S6 UT 6 to Brush 128 42 170 NA
Creek
8 S7 UT 7 to Brush 35 31 66 NA
Creek
9-13 S13 South Fork 50 0 50 NA
New River
14 S8 UT 8 to South 79 25 104 NA
Fork
15 S9 UT 9 to South 66 32 98 NA
Fork
16 s to UT 10 to 46 10 56 NA
South Fork
F777 Sit UT I1 to 57 20 77 NA
South Fork
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service 14LCarolina
Internet: h2o.encstale.nc.us Winston-Salem, NC 27107 FAX [phone] ?vgjll!'Qllf
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Dr. Thorpe, PE
October 26, 2009
DWQ9 09-0379, v.3
Pave 7
18 S12 Bear Creek 95 34 129 NA

Total NA NA 732 239 971 NA
Total Stream Impact for Project: 971 linear feet.
Wetland Tmnarts in the New River Basin-Non-tidal Freshwater Marsh
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(ac) (temporar (ac) Clearing (ac) Clearing Bridge Impact (ac)
Y) (ac) (ac)
ac
1 <0.01 0 0 0 0 0 <0.01
<0.01 0 0 0 0 0 <0.01
Total
Total Wetland Impact for Project: <0.01 acres.
The project shall be constructed in accordance with your application dated March 30, 2009 and received
by the Division of Water Quality April 6, 2009. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3689, 3704, and 3688. This
certification corresponds to the Nationwide Permits 13, 14, and 33, respectively. 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 NCDWQ 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. The permittee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 413.0 124(a)-(e)]
in areas draining to ORW waters. However, due to the size of the project, NC DOT shall not be
required to meet 15A NCAC 413 .0124(a) regarding the maximum amount of uncovered acres.
2. A specified appropriate mix of herbaceous vegetation shall be planted on all bare soil as soon as
possible following the completion of permanent or temporary ground disturbing activities to
provide long-term erosion control. Supplemental seeding may be needed to assure a satisfactory
vegetative establishment. Tall fescue shall not be used in 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 appropriate seeding on disturbed
soils within the riparian area and on disturbed steep slopes with the following exception: 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
Dr. Thorpe, PE
October 26, 2009
DWQ9 09-0379, v.3
Page 3
in riparian buffer areas shall not contain a nylon mesh grid, which can impinge and entrap small
animals. For the establishment of temporary groundcover within riparian areas, hydro seeding,
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
hydro seed mixtures and wood or cellulose mulch into surface waters is prohibited.
*Riparian areas are defined as a distance 25 feet landward from top of stream bank.
3. 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 March
30, 2009. Any deviations from the approved drawings are not authorized unless approved by the
NC Division of Water Quality.
4. 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.
5. Bridge deck drains should not discharge directly into the stream. 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.
6. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter
surface waters. This water shall be captured, treated, and disposed of properly.
7. For projects impacting waters classified by the NC Environmental Management Commission as
Trout Jr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be
directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the
purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of
existing vegetated buffers is strongly discouraged.
8. 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.
9. 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.
10. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
12. 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.
Dr. Thorpe, PE
October 26, 2009
DWQ# 09-0379, v.3
Page 4
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
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. 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.
18. 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.
19. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
20. 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.
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 Amy Euliss at [phone].
S incerely,
oleen H. Sullins
Director
Cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office
Heath Slaughter, Division 11 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, USFWS, Asheville Office
Dr. Thorpe, PE
October 26, 2009
DWQ# 09-0379, v.3
Page 6
NCDWQ 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
Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ by the applicant, the applicants
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
1, 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
Date:
Partial Final
1 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