HomeMy WebLinkAbout20100977 Ver 1_Approval Letter_20101201
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Eaves Perdue Coleen H. Sullins Dee Freeman
)r Director Secretary
December 1, 2010
Jackson County
DWQ Project 20100977
TIP No. B-4612
NCSR 1737 (Caney Fork Road)
of 401 Water Quality Certification with Additional Conditions
;vin S. Rose.
nmental Compliance Specialist
I Highway Administration
Ridgetop Circle
g, Virginia 20166-6511
Rose:
You have our approval, in accordance with the conditions listed below, for the following impacts in Caney Fork Creek,
fogy the purpose of replacing Bridge No. 79, over Caney Fork Creek, on NCSR 1737 (Caney Fork Road) in Jackson
Stream Impacts in the Little Tennessee River Basin
Site Permanent Bank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft inear ft
Total Site 0 96 77 110 110 0
Total 0 96 77 110 110 0
Ti3tal Permanent Stream Impacts for Project: 77 linear feet. Total Bank Stabilization Impacts for Project: 96
lili ear feet. Total Temporary Impacts for Project: 110 linear feet.
All impacts pacts will occur within a 110 linear feet section of Caney Fork Creek.
I Wetland Impacts in the Little Tennessee River Basin (Riverine)
S ite Fill Fill Excavation Mechanized Hand Area Total Wetland
(ac) (temporary) (ac) Clearing Clearing under Impact (ac)
(ac) (ac) (ac) Bridge
(ac)
S ite 1 0.01 0.0 0.0 0.00 0.0 0.0 0.01
T otal 0.01 0.0 0.0 0.00 0.0 0.0 0.01
Ti tai Wetland Impact for Project: 0.09 acres.
SURFACE WATERPROTECTION SECTION -ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-29645001 FAX: 828-299-70431 Customer Service: 1-877-623-6748
Internet www.ncvvalerquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Mr. Kevin S. Rose
6ecember 1, 2010
Paee Two
project should be constructed in accordance with your application dated November 18, 2010 (received November 19,
)), including the environmental commitments made in the application letter. After reviewing your application, we
decided that these impacts are covered by General Water Quality Certification No. 3687, corresponding to the U.S.
ry Corps of Engineers Nationwide Permit Number 3. In addition, you should acquire any other federal, state or local
pits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
Water Supply Watershed regulations.
approval is valid solely for the purpose and design described in your application (unless modified below). Should
project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must
ven a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
e) exceed 150 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and
For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
'itions listed below.
of Certification:
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.
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.
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 requiieiiienis 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.
The permittee shall use /Design Standards in Sensitive Watersheds/ [ 15A NCAC 413.0124 (a)-(e)] in areas draining to
trout waters. However, due to the size of the project, the FHWA shall not be required to meet 15A NCAC 413.0124
(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.
r'
Tall fescue shall not be used in the establishment of temporaryor permanent groundcover within riparian areas. For
the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
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Mr. Kevin S. Rose
December 1, 2010
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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 in riparian areas shall not
contain a nylon mesh grid, which can impinge and entrap small animals. For establishment of temporary groundcover
within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and
lime-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. 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.
In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
October 15 through April 15 to protect the egg and fry stages of trout.
For projects impacting waters classified by the NC. Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW), or Water Supply 1 or 11 (WS-1 or WS-11) 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.
Ail work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the'
most current version ofNCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams and other diversion structures, shall be used to prevent excavation in flowing water.
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.
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.
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.
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.
Al] pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
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.
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 of Stormwater Best Management Practices.
Ttie 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.
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.
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.
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.
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.
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
Ir4
Mr. Kevin S. Rose
December 1, 2010
Page Four
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.
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 FHWA 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 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 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 FHWA 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
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.
Kevin S. Rose
ember 1, 2010
Five
is letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
? questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Lori Beckwith, USACE, Asheville Field Office
J. B. Setzer, Division 14 Engineer
Mark Davis, Division 14 DEO
Ed Ingle, Roadside Environmental
_David McHenry, NCWRC
=Transportation Permitting Unit
Asheville Regional Office
(Rose) Bridge No. 79 NCSR 1737