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Home My WebLink About20130113 Ver 1_Approval Letter_20130213NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary February 13, 2013 Haywood County DWQ Project 20130113 TIP No. K5002 US 23 -74 Rest Area Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service center Webster Road Raleigh, North - Carolina, 27699 Dear Dr,, Thorpe:. You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary to Richland Creek for the purpose of building a new rest area adjacent to US Highway 23 -74 in Haywood County: Ctream Tmnarte in tha Frnneh Rvno.] tN. D ;Site Permanent Fill' Streambarik 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 15 1 39 13 67 0 Total 0 15 39 1 13 67 0 1U.a. rCl1HAUCni otrCaui iMpacts for rro,leci: 34 nn. it. iotal temporary stream Impacts for Project: 13 linear ft. The project should be constructed in accordance with your application dated January 30, 2013 (received February 5, 2013), 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. 3885, 3891 and 3893 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33. 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 Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone. 828 - 29645001 FAX: 828- 299 -7043 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarohna �atura!!r� Dr. Gregory Thorpe, Ph.D. February 13, 2013 Page Two This approval, invalid• „solely for the purpose and desigri'described in* your -,application'(unless 6iodified below).= Should your. project.change, you must notify the DWQ and submit anew 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-into, jurisdictionai- 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 6 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. - 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. In- stream work and land disturbance within the 25 -foot buffer zone are prohibited during the trout - spawning season of ,October, 15 through April 15 to. protect the egg and fry stages of trout. .. 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. Dr. Gregory Thorpe, PhD. February 13, 2013 Page Three 7 The- permittee: shall. use; /Design;Stan_dards inrSensitive Watersheds/ [ -15A =NCAC 413.0.1`24(a) =(e)] in'areas "'drainin °g to ,.(HQW),waters ".;However;, due to; the size, of the project,-NCDOT"shalI not:be _required to meet -15A -NCAC 4B "'�`l. ,.0124(a) regarding the,maximum amount of.uncovered acres. Temporary cover (wheat; millet, or'similar "annual - grain) or, permanent. herbaceous, cover shall be planted on all- bare soil within 15 business days of groiind'disturbing activities to provide erosion control. 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 in place with staples, •stakes;•or whereverpossible, live stakes of native trees. "Er6sion`c6ntrol matting placed in 'riparian areas shalt 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. 8. 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:: -,. :A11-.work,in :or, adjacent to: stream waters'shall -be conducted -in`a" dry- work area: Approved'BMP measures from the .4..,;: most•: current. version .of_.NCDOT'Construction'and Mainteriance Activities hid'mial,-such'as :sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavatidh i&flowing water: 10:.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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. All mechanized" equipment operated ' nea'r surface waters must be ' regularly- inspected 'and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids; or. other- toxic materials: 17. The Permittee shall ensure that' the* final design =drawings adhere to lhe'permifand'to the peirnitA 'ings- submitted fbr� ' roval:. 18. Discharging hydroseed mixtures and washing'o'ut hydroseeders and other'e'quipment in oradjacenf to surface waters is prohibifed ^' 19. - If .concrete is-used during 'corisiruction, a dry Vork area "shall be maintained'to prevent direct cointaci 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. Dr. Gregory Thorpe, PhD. February 13, 2013 Page Four ,.20. No;'rock;.. sand �'or -other "materials shall be dredged from the stream channel, except where authorized by this certification.., . , . - , ; , - . .... . 21. 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. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. 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. 24. 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. 25. 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. 26. 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. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 -hours of discovery. 28. 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. I Dr. Gregory Thorpe, PhD. February 13, 2013 Page Five This letter,completes the review of,the Division of; Water_'-Quality under Section 401: -,of the- C1ean,Water Act.Afyou'liave any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, -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 130113 (Thorpe) US 23 -74 TIP No. K -5002