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Home My WebLink About20111101 Ver 1_Approval Letter_20111223North Carolina Beverly Eaves Perdue Governor i� NCENR Department of Environment and Natural Resources Division of Water Quality Charles Wakild P E Director Approval of 401 Water Quality Certification with Additional Conditions Mr J B Setzer P E Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva North Carolina 28779 Dear Mr Setzer Dee Freeman Secretary January 23 2012 Henderson County TLP R 5207B DWQ Project 20111101 NCSR 1006 (Howard Gap Road) You have our approval in accordance with the conditions listed below for the following impacts in five (5) unnamed tributaries to Byers Creek Byers Creek two (2) unnamed tributaries to Cushion Branch and Cushion Branch for the purpose of widening and making improvements to NCSR 1006 (Howard Gap Road) in Henderson County Stream Impacts in the French Broad River Basin Site Permanent Fill in Intermittent Stream (linear ft) Stream Channel Relocation (linear ft) Permanent Fill in Perennial Stream linear ft) Temporary Impacts in Perennial Stream linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation linear ft Site 1 0 0 16 10 26 0 Site lA 0 62 0 0 62 54 Site 2 0 0 40 25 65 0 Site 3 0 0 0 40 40 0 Site 4 0 0 51 5 56 0 Site 5 105 0 0 5 110 0 Site 6 0 0 160 10 170 160 Site 7 0 0 35 10 45 0 Site 7A 0 100 0 0 100 95 Site 8 0 0 41 10 51 0 Site 9 0 0 65 200 265 0 Total 105 162 408 315 990 1 309 Total Permanent Stream Impacts for Project 5131in ft Total Temporary Stream Impacts for Protect 315 linear ft Total Stream Relocation for Protect 162 linear feet SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location 2090 U S Highway 70 Swannanoa North Carolina 28778 NorthCarollna Phone 828 296 wale FAX 828 299 7043 �l>�tuNa�f� Internet www ncwaterqualiiy org An Equal Opportunity Affirmative Action Employer Mr J B Setzer P E January 23 2012 Page Two Wetland Impacts in the French Broad River Basin (riverine) Site Fill (ac) Fill (temporary) (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Area under Bridge ac Total Wetland Impact (ac) Site 2 <0 01 0 0 0 0 0 <0 Ol Site 5 002 0 0 <001 0 0 <0 03 Site 001 0 0 <001 0 0 <002 Site <001 0 0 0 0 0 <001 Total <0 04 0 0 <0 01 1 0 0 <0 05 Total Wetland Impact for Project <0 05 acres The project should be constructed in accordance with your application dated December 16 2011 (received December 22 2011) 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 Regional General Permit Numbers 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 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 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 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 i 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 Mr J B Setzer P E January 23 2012 Page Three b 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 c The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 4 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr) High Quality Waters (HQW) or Water Supply I or 11 (WSI WSII) stormwater shall be directed to vegetated buffer areas grass lined ditches or other means appropriate to the site for the purpose of pretreating storm water runoff prior to discharging directly into streams Mowing of existing vegetated buffers is strongly discouraged 5 NCDOT will need to adhere to all appropriate in water work moratoria prescribed by the NC Wildlife Resources Commission 6 Impacts associated with the utility line construction at Site No 9 are included in the impacts for the culvert construction at Site No 9 7 NCDOT is providing off site mitigation of 675 linear feet of streams and 0 03 acres of wetlands through the North Carolina Ecosystem Enhancement Program by letter dated December 15 2011 8 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 9 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and /or sills where appropriate Widening the stream channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 10 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 11 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 stream bank stability Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species 12 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 13 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 14 Native riparian vegetation (e g rhododendron dog hobble willows alders sycamores dogwoods black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction 15 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 16 Rip rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengineering boulders or structures should be properly designed sized and installed Mr J B Setzer P E January 20 2012 Page Four 17 Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream 18 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 19 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 20 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 21 If concrete is used during construction a dry work area shall be maintained to prevent direct contact between curing concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills 22 No rock sand or other materials shall be dredged from the stream channel except where authorized by 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 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 25 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 26 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 27 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 of Federal law is being violated or that further conditions are necessary to assure compliance NCDWQ may reevaluate and modify this certification 28 The issuance of this certification does not exempt the Permittee form complying with any and all statutes rules regulations or ordinances that may be imposed by other government agencies (i a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 29 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 30 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the §401 Certification has been completed 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 Mr J B Setzer P E January 23 2012 Page Five 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 /----Charles Wakild P E Director ivision of Water Quality cc Lori Beckwith USACE Asheville Field Office Mark Davis Division 14 DEO Ed Ingle Roadside Environmental Marla Chambers NCWRC Transportation Permitting Unit Asheville Regional Office 20111101 (Setzer) R 5207B NCSR 1006 (Howard Gap Road)