20090588 Ver 1_Approval Letter_20090617

or
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Approval of 401
Dee Freeman
Secretary
June 17, 2009
Macon County
DWQ Project 20090588
Bridge 178
NCSR 1393 (Wilds Cove Road)
Water Quality Certification with Additional Conditions
Mr. LIM. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina, 28779
Dear Mr. Setzer:
You have our approval, in accordance with the conditions listed below, for the following impacts in Burningtown Creek
for the purpose of removing an in-stream sand and cobble bar and bank stabilization in Burningtown Creek on NCSR
1393 (Wilds Cove Road) in Macon County:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Reshape sand Bank Temporary Total Stream
Fill in and cobble Stabilization Impacts in Stream Impacts
Intermittent bar in in Perennial Perennial Impact Requiring
Stream (linear Perennial Stream Stream (linear ft) Mitigation
ft) Stream (linear ft) (linear ft) (linear ft)
linear ft
Sites 1 A, B, 0 135 25 40 200 0
C and D
Total 0 135 25 40 200 0
Total Permanent Stream Impacts: 25 linear feet. Total Temporary Impacts for Project: 175 linear feet.
The project should be constructed in accordance with your application dated May 19, 2009 (received May 27, 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 and 3689, corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Numbers 3 and 13. 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 One
Location: 2090 U.S. Highway 70, Swannanca, North Carolina 28778 North Carolina
Phone. [phone]'. FAX: [phone] Customer Service. 1-877-623-6748
InlerneC www nceaterquahty.org
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Mr. J.B. Setzer, P.E.
June 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 2H .0506
(h) (6) and (7). For this approval to be valid, you must fallow 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. The permittee shall use /Design Standards in Sensitive Watersheds/ [I 5A NCAC 413.0124(a)-(e)] in areas draining to
trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 413.0124(a)
regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or
cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope
of stream bank.
3. 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 the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
4. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
April 15 through October 15 to protect the egg and fry stages of trout.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (1IQW) or Water Supply I or 11 (WS-1, WS-11), 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 Stormwoter Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
6. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
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. 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.
J
Mr. J. B. Selzer, P.E.
.June 17. 2009
Page 'Three
9. 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.
10. 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.
11. 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.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
14. 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 pH and possible aquatic life and fish kills.
15. No rock, sand or other materials shall be dredged from the stream channel, except where 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
18. 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.
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. 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.
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 shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
23. 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.
Mr. J. B. Setzer, P.E.
June 17, 2009
Page Four
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.
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,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Chris Lee, Division 14, Bridge Maintenance Engineer
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Asheville Regional Office
090589 (Setzer) Bridge 178 NCSR 1393