HomeMy WebLinkAbout20120918 Ver 1_Approval Letter_20121010 I
AiFA,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
October 10 2012
Buncombe County
TIP B 4715
DWQ Project 20120918
NCSR 2797 (Broad River VFD Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr Gregory J Thorpe Ph D
Environmental Management Director
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts in the Broad River for
the purpose of replacing and widening Bridge No 655 on NCSR 2797(Broad River VFD Road)over the Broad River in
Buncombe County
Stream Impacts in the Broad River Basin
Site Permanent Fill Bank Permanent Temporary Total Stream
in Intermittent Stabilization Fill in Impacts in Stream Impacts
Stream (linear in Perennial Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft)
Site 1 0 60 0 0 60 0
Site 2 0 0 0 64 64 0
Total 0 60 0 64 124 0
Total Permanent Stream Impacts for Project 60 lin ft Total Temporary Stream Impacts for Project 64 linear ft
Wetland Impacts in the Broad River Basin(Riparian)
Site Fill Fill Excavation Mechanized Hand Area Total Wetland
(ac) (temporary) (ac) Cleanng Clearing under Impact(ac)
(ac) (ac) (ac) Bndge
(ac)
Site 1 <0 01 0 0 0 <0 01 0 <0 02
Total <0 01 0 0 0 <0 01 0 <0 02
Total Wetland Impact for Project <0 02 acres
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location 2090 U S Highway 70 Swannanoa North Carolina 28778 NorthCarolina
Phone 828 296 45001 FAX 828 299 7043 Internet www ncwaterquality org Naturally
An Equal Opportunity,Affirmative Action Employer
•
Dr Gregory Thorpe Ph D
October 10 2012
Page Two
The project should be constructed in accordance with your application dated September 30 2012 (received October 3
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 3886 corresponding to the U S
Army Corps of Engineers Regional General Permit Number 31 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
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 mto 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
3 Erosion and sediment control practices must be m 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 m 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 For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr) High
Quality Waters(HQW) or Water Supply I or II(WSI WSII) stormwater shall be directed to vegetated buffer areas
grass lined ditches or other means appropriate to the site for the purpose of pre treating storm water runoff prior to
discharging directly into streams Mowing of existing vegetated buffers is strongly discouraged
5 The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B 0124(a) (e)] in areas draining to
(WS II HQW 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 gram)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground
disturbing activities to provide erosion control
J
Dr Gregory Thorpe Ph D
October 10 2012
Page Three
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas For
the establishment of permanent herbaceous cover erosion control matting shall be used in conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
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 m 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 the establishment of temporary
groundcover within riparian areas hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer and limestone 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 in prohibited Riparian areas are
defined as a distance 25 feet landward from top of stream bank
6 In stream work and land disturbance within the 25 foot buffer zone are prohibited during the trout spawning
season of January 1 through April 15 to protect the egg and fry stages of trout
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 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 the stream channel shall be
temporary and be revegetated with native riparian 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 The post construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations The impacted areas shall be revegetated with appropriate native species
11 Bridge deck drains shall not discharge directly into the stream 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
12 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
13 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
14 All pile driving or drilling activities shall be enclosed m turbidity curtains unless otherwise approved by NCDWQ in
this certification
15 All bridge construction shall be performed from 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
16 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
17 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
18 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
19 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
20 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
Dr Gregory Thorpe Ph D
October 10 2012
Page Four
21 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
22 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval
23 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited
24 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
25 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
26 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
27 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
28 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
29 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
30 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
31 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
32 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
33 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
1
Dr Gregory Thorpe Ph D
October 10 2012
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
1 .7,xd,eu_e ,2 igite,_
,Q,_Charles Wakild P E Drector
Division of Water Quality
Attachments
cc Lori Beckwith USACE Asheville Field Office
Roger Bryan Division 13 DEO
Ed Ingle Roadside Environmental
Marla Chambers NCWRC
Transportation Permitting Unit
Asheville Regional Office
120918(Thorpe)B-4715 NCSR 2797(Broad River VFD Road)