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Home My WebLink About20090944 Ver 2_Approval Letter_20100730NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Natural Resources Dee Freeman Secretary July 30, 2010 Caldwell County DWQ Project 09-0944V.2 NCSR 1367B (Globe Road) Approval of 401 Water Quality Certification with Additional Conditions-Modification Mr. Michael Pettyjohn, P.E. Division 11 Engineer North Carolina Department of Transportation Post Office Box25 North Wilkesboro, North Carolina, 28659 Dear Mr. Pettyjohn: You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary to the Johns River for the purpose of widening and making improvements to NCSR 1367B (Globe Road) in Caldwell County: Stream Impacts in the Catawba River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts Intermitte . Perennial (linear ft) Perennial Stream (linear ft) Requiring at Stream Stream (linear ft) (linear ft) Mitigation (linear ft) (linear ft) *Original 0 10 25 40 75 0 approved impacts at Station 112+75 Additional 0 10 75 40 125 0 Impacts with this approval at Station 112+75 Downstream Total 0 10 75 40 125 0 Total Stream Permanent Impact for Project: 85 linear feet. Temporary Impact for Project: 40 linear feet. * The existing driveway pipe will be left in place and the roadway will be on a new alignment. SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanca, North Carolina 28778 One Phone: 828-29645001 FAX'. 828-299-7043 \ Customer Service. 1-877-623-6748 North CarOhll a Internet: www.mity tallty.org ;Vatu An Equal ual OpDortuni?y 1 Affirmative Action Employer [allff " Mr. Michael Pettyjohn, P.E. July 30, 2010 Page Two The project should be constructed in accordance with your application dated July 12, 2010 (received July 21, 2010), 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. 3820, 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 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 follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. All other conditions written into the previous Water Quality Certification No. 20090944, dated September 22, 2009, for this project still apply. 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams 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. 3. The permittee shall use /Design Standards in Sensitive Watersheds/[ 15A NCAC 4B.0 I 24(a)-(e)] in areas draining to (WS-I,WS-11, ORW, HQW, Tr - pick applicable) 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. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. Mr. Michael Pettyjohn, P.E. July 30, 2010 Page Three 4. The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted with the application. 5. 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. 6. 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. 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, c' fleeVnH. Sullins, Director Division of Water Quality cc: Monte Matthews, USACE, Raleigh Field Office Heath Slaughter, Division 11, DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Asheville Regional Office 90944V.2 (Petiyjohn) NCSR 1367B (Globe Road)