20071134 Ver 2_Approval Letter_20090904

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NC®EWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
,September 4, 2009
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
for Proposed Improvements to US Highway 191US 19E from future 1-26 (existing US 19-23) to NCSR 1186 in
Yancey County, State Project No. 6.869005T and 6.909001T, TIP No. R-2518A, R-2518B and R-2519A.
DWQ Project No. 2007-1134V.4, Individual Certification No. 3706.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3706 issued to the North Carolina Department of Transportation
dated September 4, 2009. This modification is applicable only to the additional proposed activities and is applicable
only to Section R-2519A. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated October 11, 2007 and subsequent modifications (dated March 17, 2008 and
February 20, 2009), still apply, except where superseded by this Certification.
If we can be of further assistance, do not hesitate to contact us.
I,&,
Attachments
cc: David Baker, USACE, Asheville Field Office
J. J. Swain, Division Engineer, NCDOT Division 1
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NCWRC
Marella Buncick, USFWS
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
071134V.4 (Thorpe) US Highway 19-19E
Sincerely,
Coleen Sullins,
Director
SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-871.623-6748 ?L ?ry?'/ Nry???
Internet www.ncwaterquality.org [i/Vld KLl4
An Equal Opportunity 1 A?rmalive Action Employer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 21-1,
Section .0500. This certification authorizes the NCDOT to impact 6,101 linear feet of streams and 0.30 acres of wetlands
in the French Broad River Basin in Yancey County. The project shall be constructed pursuant to the modification request
dated July 31, 2009. The authorized impacts are as described below:
Tablel-Stream Im acts in the French Broad River Basin for R-2519A
Site

R-2519A Stream
Relocation in
Perennial
Stream (It) Stream bank
Stabilization
in Perennial
Stream (If) Permanent
Fill in
Perennial
Stream (It) TemporaryFill
in Perennial
Stream (If) Total
Stream
Impact
(10 Stream
Impacts
Requiring
Mitigation
I
1 0 13 55 16 84 0
2 0 26 59 18 103 0
3 0 13 41 8 62 0
4 0 33 13 12 58 0
5 0 0 83 13 96 0
6 0 30 51 11 92 0
7 0 0 0 0 0 0
8 0 0 19 9 28 0
9 0 16 16 25 57 0
9A 0 25 0 0 25 0
10 0 23 691 47 761 714
11 0 19 13 10 42 0
12 0 98 34 20 152 0
13 0 16 66 15 97 0
14 0 270 0 0 270 0
15 0 48 82 38 168 0
16 0 0 41 15 56 0
17 0 0 0 0 0 0
18 0 40 69 0 109 0
19 0 0 0 0 0 0
20 0 0 0 0 0 0
21 0 20 46 35 101 0
22 0 40 211 19 270 251
23 0 87 45 9 141 0
24 0 0 535 0 535 535
25 0 0 186 34 220 186
26 583 0 0 11 594 583
27 0 0 143 11 154 0
28 0 133 42 58 233 175
29 0 0 294 14 308 294
30 0 0 200 7 207 200
31 0 14 40 20 74 0
32 217 0 0 10 227 217
33 0 0 325 26 351 325
34 0 0 208 20 228 208
35 0 55 18 20 93 0
36 0 0 24 12 36 0
37 0 0 59 10 69 0
Total 800 1,019 3,709 573 6,101 _ _ 3,638
Total Additional Stream Impact for R-2519A: 6,101 linear feet.
Table 2-Wetland Imaacts for R-2519A in the French Broad River Basin
Site

R-2519A Fill
(ac) Fill
(temporary)
(ac) Excavation
(ac) Mechanized
Clearing
(ac) Hand
Clearing
(ac) Total Wetland
Impact (ac)
17 - Non-Riverine 0.02 0 0 0.02 0 0.04
19 - Riverine 0.15 0 0 0.09 0 0.24
20 - Riverine 0.01 _ 0 0 0.01 0 0.02
Total 0.18 0 0 0.12 0 0.30
Total Wetland Impact for R-2519A: 0.30 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the French Broad River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards
and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated July 31, 2009 and
received on August 6, 2009. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated October 11, 2007 and modifications dated March 17, 2008 and February 20, 2009, still apply
except where superceded by this certification. Should your project change, you are required to notify the DWQ and
submit a new application. If the property is sold, the new owner must be given a copy of the Certification and approval
letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream
impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval to remain valid, you are
required to comply with all conditions listed below. In addition, you should obtain all other federal, state or local permits
before proceeding with your project including (but not limited to) Sediment and Erosion control, Costal Stormwater, Non-
discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date
of the corresponding US Army Corps of Engineers Permit.
Conditions of Certification:
Project Specific Conditions
1. This Certification authorizes only impacts to streams and wetlands for Section R-2519A from Station No. -L-
228+50 to Station No. L-340+50.
2. Compensatory mitigation for impacts to 3,688 linear feet of streams at a replacement ratio of 1:1 is required.
Compensatory mitigation for impacts to jurisdictional streams shall be provided by a combination of on-site
3.
stream restoration, enhancement, preservation, and through the NC Ecosystem Enhancement Program (EEP).
EEP will provide the required mitigation that cannot be provided onsite. The on-site stream relocation shall be
constructed in accordance with the mitigation plans submitted in your July 31, 2009 application. All on-site
mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple
acquisition and recorded in the NCDOT Natural Environment Unit Mitigation geodatabase. Please be reminded
that as-builts for the completed streams shall be submitted to the NC Division of Water Quality Transportation
Permitting Unit with the as-builts for the rest of the project. If the parameters of this condition are not met, then
the permittee shall supply additional stream mitigation for the 3,688 linear feet of impacts. We understand that
you have chosen to perform off-site compensatory mitigation for impacts to streams through the North Carolina
Ecosystem Enhancement Program (EEP), and that EEP has agreed to implement the mitigation for the project.
EEP has indicated in a letter dated October 22, 2007 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above referenced project, in accordance with the
Tri-Party MOA signed on July 22, 2003 and the Dual Party MOA signed on April 12, 2004.
The onsite stream mitigation shall be constructed in accordance with the design submitted in you July 31, 2009,
application. Please be reminded that as-builts for the completed streams shall be submitted to the NC Division of
Water Quality Transportation Permitting Unit with the as-builts for the rest of the project. If the parameters of
this condition are not met, then the permittee shall supply additional stream mitigation for the 3,688 linear feet of
impacts. All channel relocations will be constructed in a dry work area, shall be completed and stabilized, and
must be approved by DWQ 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.
Table 3 - On-site Stream Mitigation for R-2519A
Site Mitigation Type Length
(ft.) Buffer
(ft./side)
26 (George Fork) Restoration 580 30
29 (Shoal Creek) Restoration 233 24
32 (UT to Plum Creek) Restoration 210 20
33 (Plum Creek) Restoration 157 25
Total 1,180 279
Additional mitigation credits may be available on R-2518A and R-251813.
4. The permittee shall monitor the stream relocation sites following the Level 1 protocols outlined in the "Stream
Mitigation Guidelines" dated April 2003 with the following exceptions:
a. Pebble counts shall not be conducted.
b. Two cross sections shall be conducted for streams less than 500 linear feet and five cross sections shall be
conducted for streams greater than 500 linear feet.
c. Riparian success shall be by visual inspection of plant survival. Photos will be taken and comments noted
on plant survival.
The monitoring shall be conducted annually for a minimum of five years after final plantings. The monitoring
results shall be submitted to NCDWQ in a final report within sixty (60) days after completing monitoring. After
five years the NCDOT shall contact the NCDWQ to schedule a site visit to "close out" the mitigation site.
5. NCDOT shall adhere to all appropriate in-water work moratoriums (including the use of pile driving) prescribed
by the US Fish and Wildlife Service and the NC Wildlife Resources Commission.
Cane River and South Toe River- no in-water work from April 1 to June 30 - Appalachian Elk-toe Mussel,
Big Crabtree Creek-no in-water work from October 15 through April 15 - Brook or Brown Trout,
Little Crabtree Creek, Brushy Creek and Long Branch- no in-water work from January 1 through April 15 -
Rainbow Trout.
All other unnamed tributaries should use the moratorium appropriate for the named stream they flow to,
unless survey data indicate otherwise.
6. For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW); or Water Supply I or II (WS-1 or WS-II) stormwater shall be directed to vegetated buffer areas,
grass-lined ditches other means appropriate to the site for the purpose of pre-treating Stormwater runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
7. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B.01 24(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
4B.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 top of stream bank.
General Conditions
8. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge
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 DWQ.
9. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species.
10. 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.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ.
12. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge
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.
13. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated and disposed of properly.
14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ
in this certification.
15. All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary
causeways or floating or sunken barges. If work conditions require barges, they shall be floated into position and
then sunk. The barges shall not be sunk and then dragged into.position. Under no circumstances should barges
be dragged along the bottom of the surface water.
16. 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.
17. 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.
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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
20. 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.
21. 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.
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 NCDWQ determines that such standards or laws are
not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this
certification.
23. 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.
24. 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.
25. The issuance of this certification does not exempt the Permittee from 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.
26. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and retunt the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the 401 Certification has been completed.
28. 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.
29. 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.
30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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.
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 the 4th day of September 2009
DIVISION OF /WATER QUALITY
???c. L?itrn'uXc1
t Coleen Sullins,
Director
WQC No. 3706