20080661 Ver 1_Approval Letter_20080429

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 29, 2008
Henderson County
DWQ Project No. 080661
NCSR 1171 (Cummings Cove Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
eleven (11) unnamed tributaries to the French Broad River and 0.039 acres of wetlands, for the purpose of making
improvements to NCSR 1171 (Cummings Cove Road) in Henderson County:
Tahle 1-Stream imnncts in the French Broad River Basin for NCSR 1171
Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream
Fill in Protection in Perennial Stream Dewatering in Impact Impacts
Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) . Requiring
Stream (linear (linear ft) (linear ft) Mitigation
ft linear ft
1- STA. 0 45 153 130 328 153
25+00
2- STA. 0 0 45 125 170 45
41+55
3- STA. 0 0 3 100 103 3
51+97
4- STA. 0 0 7 95 102 7
60+45
5- STA. 0 0 30 95 125 30
76+95
6- STA. 0 0 26 95 121 26
107+55
7- STA. 0 0 24 80 104 24
119+200
9- STA. 0 0 8 105 113 8
53+40
10- STA. 0 0 38 0 38 38
70+20
11- STA. 0 0 44 0 44 44
71+80
12- STA. 0 0 25 0 25 25
72+15 to
73+10
Total 0 45 403 825 1273 403
Total Stream Permanent Impact for Project: 403 linear feet. Temporary Impact for Project: 825 linear feet.
Total Streambank Stabilization for Project: 45 linear feet. NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: www.ncwaterquality.org
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
April 29, 2008
Page Two
Table 2 - Wetland Impacts in the French Broad River Basin for NCSR 1171
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporar (ac) Clearing Clearing Bridge Wetland
y) (ac) (ac) (ac) Impact (ac)
ac
Site 7 Station 119+20 0.004 0 0 0 0.008 0 0.012
Site 12 Station 72+15 to 0.027 0 0 0 0.008 0 0.027
Sta. 73+10
Total 0.031 0 0 0 0.008 0 0.039
Total Wetland Impact for Cummings Cove Road: 0.039 acres.
The project should be constructed in accordance with your application dated April 7, 2008 (received April 10, 2008),
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 Nos. 3689, 3704 and 3688, corresponding
to the U.S. Army Corps of Engineers Nationwide Permit Numbers, 13, 14 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. This certification does not authorize the
discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank
stabilization work.
Please note that new 401 Water Quality Certifications went into effect on November 1, 2007. These Certifications
contain additional requirements that were not in the old certifications. You are strongly urged to review these
new certifications (attached) and become familiar with their requirements. -
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.
1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters except as authorized by
this certification. 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. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to
minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual
grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground
disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils
in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Straw mulch and tall fescue shall not be used in riparian areas.
4. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall
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.
Mr. J. B. Setzer, P.E.
April 29, 2008
Page Three
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff
prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged.
6. 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.
7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Riprap 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.
9. 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.
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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
15. 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.
16. 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.
17. 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.
18. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
19. Compensatory mitigation for 403 linear feet of impact to streams at a replacement ratio of 1:1 is required. We
understand, based on your e-mail dated April 28, 2008, that you have chosen to perform compensatory mitigation for
these impacts to streams, through the North Carolina Ecosystem Enhancement Program (EEP).
20. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory 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.
Mr. J. B. Setzer, P.E.
April 29, 2008
Page Four
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,
Hgoleen H. Sullins, Director
Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
080661 (Setzer) NCSR 1171 (Cummings Cove Road)