20091312 Ver 1_Approval Letter_20100129

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins
Governor Director
January 29, 2010
Town of Newland
Brenda Pittman-Town Manager
301 Cranberry Street
Newland, NC 28657
Subject: 401 Water Quality Certification - Approval
Newland Floodplain Improvement/Bypass
DWQ Project # 09-1312
Avery County
FrB Basin / N.Toe River / 7-2-(0.5)/WS-V;"I'r
Dear Ms. Pittman:
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 152 feet of streams for the purpose of
floodplain improvement at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 US, Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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NorthCarolina
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Town of Newland
January 29, 2010
Page 2 of 4
Amount Approved (Units) Plan Location or Reference
Stream 46 (feet) S I
Stream 8 (feet) S2
Stream 62 (feet) S3
Stream 26 (feet) S4
Stream 10 (feet) S5
Please pay particular attention to Condition 3.a and 10 in the attached Water Quality Certification 3689.
Conditions 3.e. and 10. shall be adhered to as noted on plan sheet C-2 General Notes Construction Sequence
Pineola Street Floodplain Improvements 46-# 12.
Additional Conditions:
1. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this
standard. The Bolder Toe work should be conducted in a dry work area where possible. Sandbags,
coffer dams or other clean diversion structures should be used to minimize excavation in flowing water.
Appropriate practices shall be adhered to as noted on the plan sheet C-2 General Notes Construction
Sequence, Pineola Street Floodplain Improvements #6412.
2. Trout Moratorium
The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a
requirement of this Certification is that any additional work conducted within the stream may not occur
between the dates of October 15 through April 15.
3. Culvert Installation
All work in or adjacent to waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual
(http•//www nedot or /dg? oh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation
in flowing water.
Upon completion of the project, also noted in the attached Certification Condition 16, the Applicant
shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all
work included in the §401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each culvert site to
document correct installation along with the Certificate of Completion form.
4. Stormwater Management
Stormwater Management shall be achieved to the maximum extent practicable. The project will be
capturing stormwater runoff from the Newland Shopping Center roof drains. To achieve stormwater
management benefits and avoid compromising the structural integrity of the floodplain benches from
sheet flow at the Newland Shopping Center asphalt and dumpster area the Stormwater Collection
System should be extended to capture this area along with the roof drains.
Town of Newland
lanuary 29, 2010
Page 3 of d
S. Riparian Planting
Planting shall be done in accordance with the attached Guidelines for Riparian Buffer Restoration by
planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid.
6. Stream Stability Monitoring
Upon completion of construction activities the stream channel shall be surveyed and as-built drawings
developed. Cross-sections will be identified and staked at a minimum of four locations; one above the
project, one below the project, two within the project area. One of the two within the project area needs
to be located at the perennial stream culvert located 170 feet downstream of Pineola Street. Annually
for three years these cross sections shall be monitored for stability. An annual report shall be submitted
to the Division of Water Quality including a narrative of findings, photographic documentation of
conditions and survey data. Submit the as-built drawings and annual reports to Division of Water
Quality 2090 US HWY 70, Swannanoa, NC 28778.
7. "Re-opener" Clause
The Town of Newland and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. The "Town shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
A copy of this Certification shall be included in the construction contract and available on the job
site at all times. If DWQ 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, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2I-I.0507(d). Before modifying the certification,
DWQ shall notify the Town and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in ??ecordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the Town in writing,
shall be provided to the United States Army Corps of Engineers for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
8. Water Quality Certification(w)
The proposed project must comply with all of the conditions of General Water Quality Certification(s)
(GC) 3689.
a. Construction Plans
Any final construction plans for this project must include or reference the application and
modified plans approved by the DWQ under this authorization letter and certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
"town of Newland
January 29, 2010
Page 4 of 4
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 your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
v
toleen H. Sullins, Director
CHS/lsw
Enc: GC3689
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
WK Dickson & Co.
720 Corporate Center Drive
Raleigh, NC 27607
S: \S WP\Avery\401s\Non-DOT\Newland Flood BypassWpproval.401Newland Flood0l-2010.doe