20041727 Ver 1_Approval Letter_20041206

~

Michael F, Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environrnent and Nat!lral Resources

Alan W. Klimek, P,E, Director
Division of Water Quality

December 1, 2004
McDowell County
DWQ Project No. 041727
U. S. Highway 70 (NCMA 13038R)

APPROVAL of 401 Water Quality Certification with Additional Conditions

~~@~ow~w

DEe 0 6 2004

Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802

DENR - WATER QUAUTY
WETlANDS AND S'TORfINATER BRANCH

Dear Mr. Swain:

You have our approval, in accordance with the attached conditions and those listed below, to impact 51 linear feet of an
unnamed tributary to the Catawba River (31 linear feet of new box culvert and 20 feet of stream stabilization) in order to
make improvements to U. S. Highway 70 in McDowell County. The project must be constructed in accordance with the
application dated October 21,2004 (received October 25,2004), including the environmental commitments made in the
application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14
and 33. In addition, you must 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 unless otherwise specified in the Water Quality Certification.

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 in writing 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 proj ect (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.

1. 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.

One ,
N~xthCarolma
/Vnturn!!y

North Carolina Division of Water Quality
Internet: h2o.enr,state.nc.us

2090 U.S, Highway 70

Swannanoa, NC 28778

Phone [phone]
FAX [phone]

Customer Service
1-877 -623-6748

An Equal Opportunity/Affirmative Action Employer

Mr. J. J. Swain, Jr., P.E.
December 1, 2004
Page Two

d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. Adequate sedimentation and erosion control measures should be implemented prior to any ground disturbing activities
to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be
planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion
control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Matting should be secured in place with staples, stakes or, wherever possible, live stakes and native trees. Tall
fescue and straw mulch should not be used in riparian areas. Riparian vegetation must be reestablished within the
construction limits of the project by the end of the growing season following completion of construction.
5. In-stream excavation should be avoided during the typical February 15 to April 15 walleye spawning period, to avoid
adverse effects of sediment on eggs and larvae in downstream waters.
6. 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, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
7. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below
the stream bottom to allow natural stream bottom material to become established in the culvert following installation
and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and
re-installed correctly, unless demonstrated that this is topographically unfeasible. As there are two existing culvert
barrels, one barrel should receive base flow and the other barrel modified to receive only flow during storm events
(i.e. floodplain bench at or near bankfull elevation). This ensures adequate flow and water depth in the base flow
barrel, during low and normal flow periods. If box culverts are longer than 40-50 linear feet, the WRC is requesting
alternating or notched baffles be installed in the existing culvert barrel that mimics the existing stream pattern. This
type of culvert installation should enhance aquatic life passage by depositing sediment in the barrel, maintaining
channel depth and flow regimes and providing a resting place for fish and other aquatic life.
8. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the road crossing and along the streams within dedicated rights of way.
9. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation.
10. The dimension, pattern and profile of the stream, above and below the culvert, should not be modified by widening
the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions aquatic life and/or fish passage.
II. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
12. 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.
13. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams,
flexible pipe or other diversion structures should be used to minimize excavation in flowing water.
14. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.

. j .

Mr. J. J. Swain, Jr., P.E.
December 1, 2004
Page Three

16. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form
of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
17. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of aquatic
life.
18. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with culvert conditions.
19. All work shall be performed during low flow conditions (below bankfull).
20. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the NCDWQ when all work included in the 9401 Certification has been completed. The responsible party
shall complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water
Quality upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.

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 l50B 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 or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.

Sincerely,

/J1~p~

P Alan W. Klimek, P.E.

Attachment

cc: Wilmington District, US Army Corps of Engineers
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
4ngie Pennock, USACE Asheville Field Office
./rransportation Permitting Unit
Mike Parker, Asheville Regional Office