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Home My WebLink About20120071 Ver 1_Approval Letter_20120131Ail .v n'; Beverly Eaves Perdue Governor North Carolina Department of Environment and Natural Resources Division of Water Quality - Charles Wakild P E Director Approval of 401 Water Quality Certification with Additional Conditions Mr J B Setzer P E Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva North Carolina 28779 Dear Mr Setzer T- L U Dee Freeman Secretary January 31 2012 Cherokee County DWQ Project 20120071 NCSR 1146 (Baker Road) You have our approval in accordance with the conditions listed below for the following impacts in two (2) unnamed tributaries of Rocky Ford Creek for the purpose of widening and making improvements to NCSR 1146 (Baker Road) in Cherokee County Stream Impacts in the Hiwassee River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 90 0 115 205 90 Site 2 0 0 20 70 90 0 Total 0 90 1 20 1 185 295 1 90 Ibtal Permanent Stream Impacts for Project 110 lin ft Total Temporary Stream Impacts for Project 185 linear ft The project should be constructed in accordance with your application dated January 18 2012 (received January 25 2012) 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 No 3 820 corresponding to the U S Army Corps of Engineers Nationwide Permit Number 14 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 Location 2090 U S Highway 70 Swannanoa North Carolina 28778 NorthCarolina Phone 828 296 415001, FAX 828 299 7043 �atura!!t� Internet www ncwaterquality org An Equal Opportunity Affirmative Action Employer 1--) 11-/ Mr J B Setzer P E January 31 2012 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 lasted 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 Unless otherwise approved in this certification placement of culverts and other structures in open waters and streams 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 i NCDOT will need to adhere to all appropriate in water work moratoria (including the use of pile driving or vibration techniques) prescribed by the North Carolina Wildlife Resources Commission Mr J B Setzer P E January 31 2012 Page Three 6 Channel relocations shall be completed and stabilized and approved on site by DWQ staff prior to diverting water into the new channel Stream banks shall be matted with coir fiber matting Vegetation used for bank stabilization shall be limited to native riparian vegetation and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical Also rip rap may be allowed if it is necessary to maintain the physical integrity of the stream but the applicant must provide written justification and any calculations used to determine the extent of rip rap coverage requested Once the stream has been turned into the new channel it may be necessary to relocate stranded fish to the new channel to prevent fish kills 7 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and /or sills where appropriate Widening the stream channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 8 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 9 The stream channel shall be excavated no deeper than the natural bed material of the stream to the maximum extent practicable Efforts must be made to minimize impacts to the stream banks as well as to vegetation responsible for maintaining stream bank stability Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species 10 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 11 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 12 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 13 Rip rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengineering boulders or structures should be properly designed sized and installed 14 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 15 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 16 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 18 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 19 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 20 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 21 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 22 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 Mr J B Setzer P E January 31 2012 Page Four 23 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 24 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 25 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 26 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 27 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the §401 Certification has been completed 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 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 iX C4� %2 �---� Charles Wakild P E Director Division of Water Quality cc Lori Beckwith USACE Asheville Field Office Mark Davis Division 14 DEO Ed Ingle Roadside Environmental Dave McHenry NCWRC Transportation Permitting Unit Asheville Regional Office 12 0071 (Setter) NCSR 1146 Baker Road