20071134 Ver 5_Approval Letter_20091211

P283.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colson H. Sullins
Governor Director
December 11, 2009
Dr. Greg Thorpe, PhD, Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements to US 19/US 19E in Yancey
County, State Project No. 6.869005T and 6.909001T, TIP R-2518A.
NCDWQ Project No. 20071134 v.5, NCDWQ Individual Certification No. 3706.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3706 issued to The North Carolina Department of
Transportation (NCDOT) dated October 11, 2007, and subsequently modified on March 17, 2008, February 20,
2009, and September 4, 2009, and December 11, 2009.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
(Coleen H. Sullins
Director
Attachments
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer '
Kathy Matthews, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Roadside Environmental Unit
Beth Harmon, Ecosystem Enhancement Program
Mike Parker, NCDWQ Asheville Regional Office
File Copy
Transportation Permitting Unit
i 1650 Mail Service Center, Raleigh, North Carolina 276991650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/nmettands/
Dee Freeman
Secretary
NonrthCarohna
Naftwilm
An Equal Opportunity 1 ARrmative Action Employer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 1,264 linear feet of jurisdictional streams
in Yancey County. The project shall be constructed pursuant to the modification dated received November 9, 2009.
The authorized impacts are as described below:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream
in Intermittent in Intermittent Fill in Fill in Impact Impacts
Stream (linear Stream (linear Perennial Perennial (linear ft) Requiring
ft) ft) Stream Stream (linear Mitigation
linear 11 ft linear ft
Original approved 0 0 0 0 0 0
impacts at Site 25
New additional impacts 0 0 1,228 36 1,264 1,228
with this approval at Site
25
0 0 1,228 36 1,264 1,228
Total
Total Stream Impact for Project: 1,264 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the French Broad
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received November 9, 2009. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated Octoberl 1, 2007, March 17, 2008, February 20, 2009, and September 4, 2009 still
apply except where superceded by this certification. Should your project change, you are required to notify
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 any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet,
respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition,
you should obtain all other federal, state or local permits before proceeding with your project including (but not
limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed
regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Condition(s) of Certification:
1. All other conditions written into previous Water Quality Certifications dated October 11, 2007, March 17,
2008, February 20, 2009, and September 4, 2009 for this project still apply.
2. Stormwater at Site 25 shall be routed to outlet at Structure 507. The stormwater runoff shall be transported
through a vegetated conveyance prior to discharging into Ivey Gap Branch.
3. The proposed 1,228 linear feet of permanent impacts will occur on a stream reach designated in the
mitigation plan submitted with the original certification application as preservation mitigation Site Q.
Using a 4:1 ratio for preservation, the mitigation credits for the portion of this reach of stream to be
impacted equal 307 linear feet. These mitigation credits shall be replaced in addition to the mitigation
required for the proposed impacts of 1,228 linear feet of stream. The equivalent impacts to be mitigated
equals 1,535 linear feet of stream. NCDOT has agreed to mitigate the impacts at a 3:1 mitigation ratio
equaling 4,605 linear feet of stream.
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 November 5, 2009 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.
4. The remaining portions of mitigation Site Q shall continue to be monitored. The monitoring shall occur
annually for a 5-year period. The following components of Level I monitoring shall be performed:
Reference photos; plant survival [i.e., identify specific problem areas, (missing, stressed, damaged or dead
plantings), estimated causes and proposed/required remedial action]; and visual inspection of channel
stability. A monitoring report shall be submitted annually within sixty (60) days after monitoring is
completed.
5. 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 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.
6. 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.
7. 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.
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 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 the 1 1 th day of December 2009
DIVISION OF WATER QUALITY
i
Coleen H. Sullins
Director
WQC No. 3706