20091181 Ver 1_Approval Letter_20091124

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 24, 2009
Watauga County
NCDWQ Project No. 20091182
NC 194 Bridge Replacements
TIP No. B-4315
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, P.E.,
NCDOT PDEA-NEU
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing bridge nos. 62, 68, and 70 with bottomless culverts over Bairds Creek on NC 194 in
Watauga County, Federal Aid Project: BRSTP-194 (5), TIP no. B-4315.
Stream Imnacts in the Watausa River Basin
Site No. Stream name Permanent Fill Temporary Fill Total Stream
in Perennial in Perennial Stream Impacts
Stream (linear Stream (linear Impact Requiring
ft) ft) (linear ft) Mitigation
linear f[
1 Baird's Creek 24 (fill) 48 (bank 87 159 0
stabilization
2 Baird's Creek 84 (bank 122 206 0
stabilization)
3 Baird's Creek 18 (fill) 54 (bank 195 267 0
stabilization)
228 404 632 0
Total
Total Stream Impacts for Project: 632 linear feet.
The project shall be constructed in accordance with your application dated November 2, 2009 and
received by the Division of Water Quality November 5, 2009, with additional information received
November 20, 2009. After reviewing your application, we have decided that these impacts are covered
by General Water Quality Certification Number 3689, 3701, and 3688. This certification corresponds to
the Nationwide Permits 13, 23 and 33, respectively. 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 will expire
with the accompanying 404 permit.
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 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 the conditions. If total wetland fills for this project (now or in
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service NoithCarolina
Internet. h2o.encslaleuc.us Winston-Salem, NC 27107 FAX [phone] Naturally
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Dr. Greg Thorpe, PE
November 24, 2009
DWQ# 09-1182
Page 2
the future) exceed one acre, or of 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 remain valid, you must adhere to the conditions listed in the attached certification and any
additional conditions listed below.
Condition(s) of Certification:
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and essential
staff understand the potential issues with stream and pipe alignment at the permitted site. NCD WQ
staff shall be invited to the pre-construction meeting.
2. The permittee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)]
in areas draining to Tr 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. The 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.
9. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
10. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
Dr. Greg Thorpe, PE
+ November 24, 2009
DWQ9 09-1182
Page 3
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. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
14. 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.
15. 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.
16. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
17. 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.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. 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
contact Amy Euliss at [phone].
Sincerely,
Coleen H. Sullins
Director
Cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Heath Slaughter, Division 11 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
WetlYnds,401-Transp? ortation-Unit
File Copy
Dr. Greg Thorpe, PE
November 24, 2009
DWQ9 09-1182
Page 5
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Registration No.
Date