20090485 Ver 1_Approval Letter_20090506

Beverly Eaves Perdue
Governor
APPROVAL of 401
(Ak r?
NC® NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
. Secretary
May 6, 2009
Cherokee County
DWQ Project No. 090485
NCSR 1564 (Brasstown Road)
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
Ricks Branch, for the purpose of making safety improvements at the intersection of NCSR 1564 (Brasstown Road) and
NCSR 1568 (Hemphill Road) in Cherokee County:
Stream Impacts in the Hiwassee River Basin
Site Stream Bank Permanent Fill in Temporary Total Stream Stream
Relocation in Stabilization in Perennial Stream Dewatering in Impact Impacts
Perennial Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear ft) (linear ft) Mitigation
linear ft linear ft
Site l 0 0 10 135 145 0
Site 2 0 15 0 0 15 0
9
Site 3 30 0 0 0 30 0
Total 30 15 10 135 190 0
Total Stream Permanent Impact for Project: 55 linear feet. Temporary Impacts for Project: 135 linear feet.
The project should be constructed in accordance with your application dated April 24, 2009 (received April 29, 2009),
including the environmental coin inittnents made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. 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 approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify NCDWQ 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
SURFACE WATER PROTECTION SECTION - Asheville Regional Office
2090 U.S. 70 Highway. Swannanoa. NC 28778-8211
Phone: [phone] FAX [phone]
Customer Service. 1-877 623 6748
Internet: www.nmateroualitv,ore
An Equal Opponuncy 1 Affirmative Action Employer
One
Nort.hCarci ina
Naturally
Mr. J. B. Setzer, PE
May 6, 2009
Page Two
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). For this approval to be valid, you nrust 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, 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 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. Unless otherwise approved-in this certification, placement of culverts and other structures in waters, streams, and
wetlands 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.
5. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, and must be approved on site by NCDWQ staff, prior to
diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an
entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should
include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. All stream banks shall be matted with coir fiber matting. Also,
rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage requested.
6. 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-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. Mowing of existing vegetated buffer areas is strongly discouraged.
7. 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.
8. 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 pl-1 and possible aquatic life and fish kills. 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.
Mr. J. B. Setzer, P.E.
May 6, 2009
Page Three
9. 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.
10. 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.
11. 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.
12. 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.
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 the 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
19. 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.
20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. hi addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the NCDOT Division
Engineer and the on-site project manager.
21. 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.
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) orthe Clean Water Act) and any other
appropriate requirements of State or Federal law. If NCDWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
24. 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.
Mr. J. B. Setzer, P.E.
May 6, 2009
Page Four
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. 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,
petit C eecz'-I h
(?dt Coleen H. Sullins, Director
1 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
090485 (Setzer) NCSR 1564 (Brasstown Road)