20100109 Ver 1_Approval Letter_20100305

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NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina, 28699-1548
Dear Dr. Thorpe:
Natural Resources
Dee Freeman
Secretary
March 5, 2010
Macon County
DWQ Project 20100109
TIP No.B-4574
NCSR 1551 (Mirror Lake Road)
You have our approval, in accordance with the conditions listed below, for the following impacts in the Cullasaja River
(Mirror Lake), for the purpose of replacing the existing Bridge No. 58, over the Cullasaja River (Mirror Lake), on NCSR
1551 (Mirror Lake Road) in Macon County:
Open Water Impacts in the Little Tennessee River Basin
Site Permanent Fill in
Open Waters (ac) Temporary Fill in
Open Waters ac Total Fill in Open Waters
ac
Site 1 (Causeway) 0.000 0.11 0.110
Site 2 Rock Embankment) 0.012 0.00 0.012
Site 3 Rock Embankment 0.003 0.00 0.003
Total 0.020 0.11 0.130
Total Permanent Open Water Impact for Project: 0.020 acres.
Total Temporary Open Water Impacts for Project: 0.11 acres.
The project should be constructed in accordance with your application dated February 3, 2010 (received February 9,
2010), 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 Nos. 3689 and 3688, corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 33. 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.
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One 1,, 1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOrthCarollna
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 ?aturcrlly
Internet: www.ncwaterquality.org
An Equal Opponunily 1 Affirmative Action Employer
,i
Dr. Greg Thorpe, PhD.
March 5, 2010
Page Two
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.
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 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. 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.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use /Design Standards in Sensitive Watersheds/ [ 15A NCAC 4B.0124 (a)-(e)] in areas draining to
trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 4B.0124 (a)
regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or Straw
mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent

Dr. Greg Thorpe, PhD.
March 5, 2010
Page Three
herbaceous cover on disturbed soils within the riparian area. I lydro seeding along with wood or cellulose based hydro
mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of
temporary groundcover within riparian zones. Discharging hydroseed 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.
5. NCDOT will need to adhere to all appropriate in-water moratoria prescribed by the NC Wildlife Resources
Commission.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW), or Water Supply 1 or lI (WS-1 or WS-II) stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. 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.
8. 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.
9. 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.
10. 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.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
13. All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
14. 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 ofStormwater Best Management Practices.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. 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.

Dr. Greg Thorpe, PhD.
March 5, 2010
Page Four
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. 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.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. 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.
27. 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.
28. The pcnnittee 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 NCDWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
29. 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.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
31. Upon completion of the project, 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 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 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
15013 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.
Dr. Greg Thorpe, PhD.
March 5, 2010
Page Five
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 Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
e-4 I
zl Coleen H. Sullins, Director
/ Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
J. B. Setzer, Division 14 Engineer
Mark Davis, Division 14 DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NC W RC
Transportation Permitting Unit
Asheville Regional Office
100109 (Thorpe) Bridge No. 58 NCSR 1551