20091153 Ver 1_Approval Letter_20091112

NCDENR.
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
November 12, 2009
Jackson County
DWQ Project No. 091153
TIP R-5202, NC Highway 107
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
two (2) unnamed tributaries to Hurricane Creek for the purpose of widening and making safety improvements to NC
Highway 107 in Jackson County: -
Stream Impacts in the Little Tennessee River Basin
Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream
Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts
Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear ft) (linear ft) Mitigation
linear ft linear ft
Site 1 8 0 0 129 137 0
Site 2 0 0 20 115 135 0
Total 8 0 20 244 272 0
Total Permanent Stream Impacts for Project: 20 linear feet. Total Intermittent Stream Impacts for Project:
8 linear feet. Temporary Stream Impacts for Project: 244 linear feet.
The project should be constructed in accordance with your application dated October 26, 2009 (received October 28,
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 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
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.
qt IRFprF l aTRR PRQTFrT1nKl gPOTION h ill Reg I rR
2090 U.S. 70 Hghway, Swannanoa, NC 28778-8211
Phone: [phone] FAX: [phone] T??One 1
Customer Service: 1877823-6748 1 V Ort1, t 1 Carol i 11a
Internet: www.nmatemualitv.oro
An Equal Opportunity (Affirmative Action Employer ??????????
Mr. J.B. Setzer, P.E.
November 12, 2009
Page Two
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 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. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to
High Quality Waters and Trout Waters. However, due to the size of the project, NC DOT shall not be required to meet
15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or
similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of
ground disturbing activities to provide erosion control. Coir fiber matting shall be used in conjunction with
appropriate seeding on disturbed soils involving steep slopes in riparian areas, and should be secured in place with
staples and wherever possible include installation of 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 top
of stream bank.
5. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
6. 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 writings NCDWO 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.
Mr. J. B. Setzer, P.E.
November 12, 2009
Page Three
6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain 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.
7. 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.
8. 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 the stream channel shall be
temporary and revegetated with native riparian species.
9. 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.
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.
11. 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. 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.
12. 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.
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. 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.
15. 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.
16. 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.
17. The Permittee shall. ensure that the final design drawings adhere to. the permit and to the permit drawings submitted
for approval.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
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. 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 NCDOT Division
Engineer and the on-site project manager.
Mr. J.B. Setzer, PE
November 12, 2009
Page Four
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 rules, soil erosion and
sedimentation control requirements, etc.
24. 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 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
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
I 26. 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. 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,
(yet Coleen H. Sullins, Director
(1 Division of Water Quality
cc: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
i David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
091153 (Selzer) NC Highway 107 Safety Improvements