20080396 Ver 1_Approval Letter_20080305

WAT Michael F. Easley, Governor
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~9 William G. RossJr., Secretary
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r Coleen Sullins, Director
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Division of Water Qua
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Apri125, 2008
Dr. Greg Thorpe, PhD., Branch Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with
ADDITIONAL CONDITIONS for Proposed improvements to US 64 from east of the Hiwassee
River to east of NC 175 in Clay County, Federal Project No. APD-16-1 (20), TIP Project No.
A-0011 BB
DWQ Project No. 20080396
Dear Dr. Thorpe:
Attached hereto is a copy of Water Quality Project No. 20080396, issued to The North Carolina
Department of Transportation, dated April 25, 2008. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Nos. 3704 and 3688 corresponding
to the U. S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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~~ti Coleen Sullins
Director
Attachments
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Joel Setzer, P.E., Division 14 Engineer
Mark Davis, Division 14 Environmental Officer
Kathy Matthews,_Environmental. Protection Agency ___ __ --- - - -
-_ _ _ -
Marella Buncick, USFWS
Marla Chambers, NC Wildlife Resources Commission
Transportation Permitting Unit
Mike Parker, DWQ Asheville Regional Office
File Copy
Novi thCarolina
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North Cazolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwalerquality.org FAX [phone]
An equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H .0500. This certification authorized the NCDOT to permanently impact
0.066 acres of jurisdictional wetlands, 11161inear feet of jurisdictional streams and 0.184 acres of open
water impacts in Clay County. The project shall be constructed pursuant to the application dated
February 25, 2008 (received March 5, 2008). The authorized impacts are as described below:
Table 1-Stream Impacts in the Hiwassee Basin for A-0011 BB
Site Permanent Fill in
Intermittent Stream
(linear ft) Temporary Fill in
Intermittent
Stream (linear ft) Permanent Fill in
Perennial Stream
(linear ft) Temporary Fill
in Perennial
Stream (linear ft) Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
(linear ft)
1 0 0 28 15 43 0
2 42 0 0 0 42 0
3 0 0 45 18 63 0
4 0 0 57 42 99 0
5 0 0 30 14 44 0
6 0 0 28 26 54 0
7 0 0 38 31 69 0
7A 104 0 0 0 104 0
8 0 0 91 23 114 0
10 278 0 0 0 278 0
11 170 0 0 0 170 0
13 0 0 0 36 36 0
Total 594 0 317 205 1116 0
Total Permanent Stream Impact for A-0011 BB: 911 lip. ft. Total Temporary Impact for A-0011 BB: 2051in. ft.
Table 2 -Wetland Im acts in the Hiwassee River Basin for A-0011 BB
Site Fill Fill Excavation Mechanized Hand Area under Total
____ ________. _________ ___(ac)___ _(temporar__ _____ (ac}__. ___ Clearing_____.. _Clearing___ ___ Bridge Wetland
y) (ac) (ac) (ac) Impact (ac)
(ac)
1 0.029 0 0 0.01 0 0 0.039
8 0.027 0 0 0.00 0 0 0.027
Total 0.056 0 0 0.01 0 0 0.066
Total Wetland Impact for A-0011 BB: 0.066 acres.
No~r`thCarolina
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org FAX [phone]
An equal opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality

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Table 3-O en Water Ln acts in the Hiwassee River Basin for A-0011 BB
Site Permanent Fill in Open
Waters (ac) Temporary Fill in Open
Waters (ac) Total Fill in Open Waters (ac)
Site 9 Lake Chatu a 0.168 0 0.168
Site 12 Lake Chatu a 0.016 0 0.016
Total 0.184 0 0.184
Total Open Water Impact for A-OO11BB: 0.184 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the
Hiwassee River Basin in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
This approval is only valid for the purpose and design that you submitted in your application dated
February 25, 2008, (received March 5, 2008). Should your project change, you are required to 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 the conditions. If any
additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or
1501inear feet, respectively, additional compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all
the conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on
the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
Project Specific Conditions:
1. DOT shall hand place rip-rap at the outlet of the RCBC at Site 4.
2. DOT shall place rip-rap on the bank at the outlet of the 15"CSP at Site 5.
3. The culvert shall not be buried on the outlet extension at Site 7.
4. The culvert shall not be buried on the outlet extension at Site 8.
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage.
6. Side slopes at a 2:1 ratio shall be used in jurisdictional areas.
No~rthCarolina
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org FAX [phone]
An equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality

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7. Stormwater runoff form the road project shall be routed through vegetated conveyances prior to
discharge to surface waters.
General Conditions:
8. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
9. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
10. 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.
11. The dimension, pattern and profile of the stream above and below the crossing should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
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. 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.
14. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream
- . - - - ------1.5~ All mechanized-equipment.-operated near urface.waters must_be_regularly_inspected_and__- ___ ______._ _
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
16. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
NorthCazolina
~atura!!y
North Cazolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service t-877-623-6748 Internet: www.ncwaterquality.org FAX [phone]
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An equal opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

OF vvn I r9 William G. Ross Jr., Secretary
`O~ PG North Carolina Department of Environment and Natural Resources
~ Coleen Sullins, Director
~ r Division of Water Quality
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18. 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 DWQ determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification.
20. A copy of this Water Quality Certification shall be posted 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. 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.
22. Upon completion of the project, the NCDOT Division Engineer shall complete and return the
enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed.
23. 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.
24. 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 be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
25. Erosion and sediment control practices must be in full compliance with all specifications
--- -governing-the proper-design-installation-and~peration-andmaintenance-of--such Best-
Management Practices in order to protect surface waters standards.
26. 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.
No~rthCarolina
~Vatura!!y
North Cazolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org FAX [phone]
An equal opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper

`O~OF vvn rr9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
~ > r Division of Water Quality
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27. Tall fescue should not be used in riparian areas. NCDOT is encouraged to utilize onsite
vegetation and materials for bank stabilization when practicable. Erosion control matting should
be used on banks and steep slopes, instead of straw mulch and well anchored with 12-inch
staples, wooden survey stakes or live stakes.
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 Federa1404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or LAMA 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 154B 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 the 25th day of Apri12008
DIVISION OF WATER QUALITY
Coleen Sullins
Director
~~rthCazolina
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North Cazolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org FAX [phone]
An equal opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper