HomeMy WebLinkAbout20090173 Ver 1_Approval Letter_20090317w
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or
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 17, 2008
Madison County
DWQ Project 20090173
TIP No. B-3869
NCSR 1151 (Big Pine Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpc, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts to Big Pine Creek for
the purpose of constructing a bridge abutment in Big Pine Creek on NCSR 1 151 (Big Pine Road) in Madison County:
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Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Impacts in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
f) (linear ft) (linear ft (linear ft (linear ft
Site 1 0 0 40 0 40 .0
Total 0 0 40 0 40 0
Total Stream Permanent Impact for Project: 40 linear feet.
The project should be constructed in accordance with your application dated February 3, 2009 (received February 19,
2009), 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. 3687, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Numbers 23. In addition, you should acquire any other federal, stale 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 1?rOne L. /? 1
Location. 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 i v orth iCafolina
P`-one: 828 .96-05001 FAX: 828299.70;31 Customer Service. 1877 623 6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity's Affirmative Action Employer
Dr. Greg Thorpe, PhD.
March 17, 2009
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 21-1 .0506
(h) (6) and (7). ror 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:
I. 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.
2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are
permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control
mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in
place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas.
3. The post-construction removal of any temporary bridge structures must return the project site to its prcconstruction
contours and elevations. The impacted area shall be revcgetated with appropriate native species.
4. 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.
5. NCDOT must adhere to all appropriate in-water moratoriums prescribed by the NC Wildlife Resources Commission.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High
Quality Waters (IIQW) or Water Supply I or II (WS-1, 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. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
7. If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as
possible, including pipes and barrels at floodplain 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. ,
8. Deck drains should not discharge directly into the streams. Stormwater shall be directed across the culvert 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. Stormwater
shall be managed in accordance with your State Stormwater Permit issued by the Division of Water Quality.
9. The dimension, pattern and profile of the stream, above and below the new culvert, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
10. 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.
I I. "fhe 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.
12. Rip-rap shall not be placed in the active thahveg 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.
4
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Dr. Greg 'Thorpe, PhD.
March 17, 2009
Page Three
13. 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.
14. 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.
15. The Permittee shall ensure that die final design drawings adhere to the permit and to the permit drawings submitted
for approval.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
18. 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.
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. 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.
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. 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 of Federal law is being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
23. 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 roles, soil erosion and
sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
25. 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.
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.
Dr. Greg Thorpe, PhD.
March 17, 2009
Page Pour
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 or 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,
Colcen 1-1. Sullins, Director
v Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
J. J. Swain, Jr., P.E., Division 13 Engineer
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
090173 (Thorpe) 7'I11 B-3869 NCSR 1151