20030712 Ver 1_Approval Letter_20080722

_ J OF W ATF� Michael F Easley Governor r
Q William G Ross Jr Secretary ;U
North Carolina Department of Environment and Natural Resources
> Coleen H Sullins Deputy Director
p Division of Water Quality
July 22 2003
Haywood County
DWQ Project No 030712
SR 1204(Mauney Cove Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr Mark T Gibbs P E
District Engineer
N C Department of Transportation
Post Office Drawer 250
Bryson City North Carolina 28713
Dear Mr Gibbs
You have our approval in accordance with the attached conditions and those listed below to impact 595
linear feet of eight (8) unnamed tributaries to Mauney Cove Branch consisting of 115 linear feet of
culvert extension and replacement and 480 linear feet of stream and wet ditch relocation These impacts
are necessary in order to improve SR 1204 ( Mauney Cove Road) in Haywood County The project must
be constructed in accordance with your application dated May 22 2003 (received June 12 2003)
including the environmental commitments made in the application letter After reviewing your
application we have decided that this fill is covered by General Water Quality Certification No 3404
corresponding to the U S Army Corps of Engineers Nationwide Pernit Number 14 In addition you
must acqune any other federal state or local permits before you proceed with join project including (but
not limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations
This approval will expire with the accompanying A04 Permit unless otherwise specified in the Water
Quality Certification
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 in writing and subrmt a new application
If the property is sold the new owner must be given a copy of this Certification and appro ial letter and is
thereby Tesponsible for complying with all the conditions If total wetland fills for this project (now or in
the future) exceed one acre or of 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) ai d (7) For this
approval to be valid you must follow tie conditions lasted in the attached certification and any additional
conditions listed below
1 Stream Relocation
The stream relocation shall include the use of na'-ural channel design
The stream relocation must be constructed in a dry work area and stabilized before stream flows are
diverted Channel relocations shall be completed and stabilized prior to diverting water into the new
channel Whenever possible channel relocations must be allowed to stabilize for an entire growing
season vegetation used for bank stabilization shall be limited to native woody species and should
include establishment of a 30 foot wide wooded vegetated buffer on both sides of the relocated channel
if possible A transitional phase incorporating fiber matting and seedling establishment is allowable
Riprap may be allowed if it is necessary to maintain the physical integrity of the stream however the
applicant must provide written justification and the calculations used to determine the extent of riprap
coverage requested
North Carolina Division of Water Quality 401 Wetlands Certification Unit
1650 Mad Service Center Raleigh NC 27699 1650 (Mailing Address)
2321 Crabtree Blvd Raleigh NC 27604 2260 (Location)
919 -733 1786 (phone) 919 733 6893 (fax) http / /h2o enr state nc us /ncwetlands/

• If this office determines that the stream relocation or associated riparian area has become unstable the
stream shall be repaired or stabilized using only natural channel design techniques if possible
Additionally the vegetation in the riparian shall be maintained and/or replaced according to the
approved plans Riprap and other hard structures may only be used if required by the Division of Land
Resources or a Delegated Local Program Lastly all repair designs must be submitted to and receive
written approval from this Office before the repair work is performed
2 NCDOT shall implement Best Management Practices for the Protection of Surface Waters
( NCDOT March 1997 )
3 NCDOT shall abide by any conditions or moratoriums as determined by the NC Wildlife Resources
Commission
4 Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction
5 Stormwater should be directed to vegetated buffer areas grass lined ditches or other means
appropriate to the site for the purpose of pre treating stormwater runoff and must not be routed
directly into streams Mowing of existing vegetated buffers is strongly discouraged so that they may
be utilized for stormwater sheet flow
6 The culverts shall be designed and installed to allow for fish and other wildlife movement as well as
prevent headcuttmng of the streams If any of the existing pipes are perched they shall be removed
and replaced and re installed correctly unless demonstrated that this is topographically unfeasible
7 NCDOT must submit a plan for written DWQ approval to address any headcuttmng that will occur as a
result of this project
8 Use of nprap for bank stabilization is to be minimized rather native vegetation is to be planted when
practical If nprap is necessary it must be limited to the stream bank above the high water mark
Rmprap shall not be placed in the stream bottom
9 Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream
10 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
11 The presence of equipment in the channels must be minimized Under no circumstances must rock
sand or other materials be dredged from the wetted stream channel under authorization of this permit
except in the immediate vicinity of the culverts
12 All work shall be performed during low flow conditions
13 Upon completion of the project the NCDOT shall complete and return the enclosed Certificate of
Completion form to notify NCDWQ when all work included in the §401 Certification has been
completed The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project NCDOT is strongly
advised to send in photographs upstream and downstream of each structure to document correct
installation
If you do not accept any of the conditions of this certification you may ask for an adjudmcatory hearing
You must act within 60 days of the date that you receive this letter To ask for a hearing send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This certification and its
conditions are final and binding unless you ask for a hearing

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 Ms Cynthia Van Der Wiele at 919 733 5715 or Mr
Mike Parker of the Asheville Regional Office at 828 2516208
Sincerely
Attachment
cc Wilmington District Corps of Engineers
Mark Davis Division 14 DEO
Steve Lund USACE Asheville Field Office
Wetlands /401 Unit
Mike Parker ARO
Central Files
Ed Ingle Roadside Environmental
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