HomeMy WebLinkAbout20121097 Ver 1_Approval Letter_20121211MA
NCDENR
Beverly Eaves Perdue
Governor
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P E Dee Freeman
Director Secretary
December 11, 2012
Swam County
DWQ Project 20121097
Bridge No 252
NCSR 1389 (Herron Branch Road)
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
You have our approval, in accordance with the conditions listed below, for the following impacts in the East Fork Dicks
Creek for the purpose of replacing the existing Bridge No 252 on NCSR 1389 (Herron Branch Road) in Swain County
Stream Impacts in the Little Tennessee River Rasln
Site
Permanent Fill
Streambank
Permanent
Temporary
Total
Stream
in Intermittent
Stabilization
Fill in
Impacts in
Stream
Impacts
Stream (linear
and
Perennial
Perennial
Impact
Requiring
ft)
Bank
Stream
Stream
(linear ft)
Mitigation
Shaping
(linear ft)
(linear ft)
(linear ft)
linear ft
Site 1
0
65
0
90
155
0
Total
0
65
0
90
155
L 0
Total Permanent Stream Impacts for Protect 65 lin ft Total Temporary Stream Impacts for Protect 90 linear ft
The project should be constructed in accordance with your application dated November 29, 2012 (received December 5,
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 3883, corresponding to the U S
Army Corps of Engineers Nationwide Permit Number 3 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 NorthCarollna
Phone 828 296 45001 FAX 828 299 7043 �aturalllJ
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
Mr J B Setzer, P E
December 11, 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 listed below
Condition(s) 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 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
This project has the potential to impact trout waters or other aquatic species of concern No construction activities
shall begin until the NCWRC makes a determination regarding moratoria Should the NCWRC determine that a
moratorium is applicable, then the requirements of any moratorium shall be a condition of this 401 Certification If
NCDOT does not wish to honor the moratorium, then a written modification shall be requested
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
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
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
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
Mr J B Setzer, P E
December 11, 2012
Page Three
9 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
10 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
11 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
12 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification
13 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
i 14 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
i 15 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
16 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
17 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
I 18 Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
r sedimentation and reduce the introduction of other pollutants into the stream
19 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
I contamination of stream waters from fuels lubricants hydraulic fluids or other toxic matenals
20 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval
k 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 tunes 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
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 comdor 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
Mr J B Setzer, P E
December 11, 2012
Page Four
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 (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,
A— Charles Wakild, P E, Director
Division of Water Quality
Attachments
cc Lori Beckwith, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Ben Dewit, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
12 1097 (Setter) Bridge No 252 NCSR 1389