20071134 Ver 5_Approval Letter_20110401

MAN
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - - Coleen H. Sullins
Governor Director
April 1, 2011
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
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
Highway 19/19E in Yancey County, State Project No. 6.869005T and 6.909001 T, TIP R-2519A.
NCDWQ Project No. 2007-1134v.6, 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. This modification is applicable only to the additional
proposed activities. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated October 11, 2007, and subsequent modifications dated March
17, 2008, February 20, 2009, September 4, 2009 and.December 11, 2009 still apply, except where
superceded by this Certification . .
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
4?0 c. ?e
Coleen H. Sullins
Director
Attachments
I
cc: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
J.J. Swain, Jr., PE, Division 13 Engineer
Roger Bryan, Division 13 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Transportation Permitting Unit
'I NCDWQ Asheville Regional Office
File Copy
Transportation Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarohna
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 y? honel919-733-1786r X:919-733-6893 landsl
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An Equal Oppodur ily 1 Affumafive 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 214.0500. This certification authorizes the NCDOT to temporarily
impact 173 linear feet of jurisdictional streams in Yancey County for the construction of utility lines
(water and sewer). The project shall be constructed pursuant to the modification dated February 22, 2011
(received February March 4, 2011). The authorized impacts are as described below:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Streambank Permanent Temporary Total Stream Stream
in Intermittent Stabilization in Fill in Fill in Impact Impacts
Stream (linear Perennial Perennial Perennial (linear ft) Requiring
R-2519A B) Stream (linear Stream Stream (linear Mitigation
ft linear ft ft linear ft
Original approved 0 23 691 47 0 0
impacts at Site 10
New additional impacts 0 0 0 88 849 714
with this approval at
Site 10
Original approved 0 48 82 38 0 0
impacts at Site 15
New additional impacts 0 0 0 22 190 0
with this approval at
Site 15
Original approved, 0 0 41 15 0 0
impacts at Site 16 .
New additional impacts 0 0 0 63 119 0
with this approval at
Site 16
0 71 814 273 1158 714
Total
Total Additional Temporary Stream Impact for Project: 173 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 di''scharge"g'uidelines.'Therefore, the State'ofNorth 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 February 22, 2011 (received March 4, 2011). All the authorized activities and conditions of
certification associated with the original Water Quality Certification dated October 11, 2007, and
subsequently modified on March 17, 2008, February 20, 2009, September 4, 2009, and December 11,
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, Nori-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, September 4, 2009 and December 11, 2009 for this project
still apply.
.....:,....i,....
2. All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved BMPs from the most current version of NCDOT Construction and Maintenance
Activities measures manual such as sand bags, rock berms, cofferdams or other diversion
structures shall be used to prevent excavation in flowing water.
3. At Permit Sites 15 and 16 there shall be no in-stream work or land disturbance within the 25-foot
buffer zone during the trout-spawning season of January I to April 15 to protect the egg and fry
stages of trout.
4. 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.
5. For sewer lines, the edge of the construction corridor shall not be installed parallel to and
closer than 10 feet from top of bank to a stream except for the following classifications; 50
feet to waters classified as WS (except WS-IV or WS-V), B, SA, ORW, HQW, or SB from
normal high water (or tide elevation) and wetlands; or 100 feet to private or public water
supply sources or waters classified as WS-1 waters or Class I or Class II impounded
reservoirs used as a source of drinking water in accordance with 15A NCAC 02T .0305(1).
Utility lines shall not cross a stream channel at other than a near-perpendicular direction
(i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more
than 105 degrees to the stream bank).
6. Any wastewater line that crosses any stream shown on the most recent version-of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a
stream channel or within two (2) feet of the stream banks in the case of plastic or PVC
pipes or b) with properly bedded and supported ductile iron. Otherwise, written approval
from DWQ is required.
7. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable.
8. Permanent, maintained access corridors shall be restricted to'the minimum width
practicable and shall not exceed 15 feet in width except at manhole locations. A 15-foot
by 15-foot perpendicular vehicle turnaround,must be spaced at least 500 feet (152.4
meters) apart.

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 you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is: .
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 1 st day of April 2011
DIVISION OF WATER QUALITY
0 L'l ?;. cfitC
?i Coleco H. Sullins
Director
WQC No. 3706