The URL can be used to link to this page

Home My WebLink About20120435 Ver 1_Approval Letter_20120509�J r� NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary May 9 2012 Henderson County DWQ Project 20120435 NCSR 1347 (Foster Creek Road) 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 You have our approval in accordance with the conditions listed below for the following impacts in two (2) unnamed tributaries of Foster Creek and Foster Creek for the purpose of widening and making improvements to NCSR 1347 (Foster Creek Road) in Henderson County Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 15 65 65 0 Site 2 0 0 15 65 80 0 Site 3 0 0 15 65 80 0 Total 0 0 30 195 225 1 0 Total Permanent Stream Impacts for Project 30 lin ft Total Temporary Stream Impacts for Project 225 linear ft The project should be constructed in accordance with your application dated April 20 2012 (received May 1 2012) 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 3886 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 SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE One 1, Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Nol cLi1Carohna Phone 828 296 45001 FAX 828 299 7043 Naturally www ncwaterquality org An Equal Opportunity Affirmative Action Employer Mr J B Setzer P E May 9 2012 Page Three For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr) High Quality Waters (HQW) or Water Supply I or Il (WSI WSII) stormwater shall be directed to vegetated buffer areas grass lined ditches or other means appropriate to the site for the purpose of pre treating storm water runoff prior to discharging directly into streams Mowing of existing vegetated buffers is strongly discouraged The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B 0124(a) (e)] in areas draining to (WS II HQW Trout) 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 hydroseedmg 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 8 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 9 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 10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval Mr J B Setzer P E May 9 2012 Page Four 18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 19 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 20 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 21 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 22 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 23 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 24 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 25 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 26 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 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 27 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 28 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 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 Mr J B Setzer P E May 9 2012 Page 5 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 erector Division of Water Quality Attachments cc Lori Beckwith USACE Asheville Field Office Mark Davis Division 14 DEO Ed Ingle Roadside Environmental Dave McHenry NCWRC Transportation Permitting Unit Asheville Regional Office 12 0435 (Setzer) NCSR 1347 Foster Creek Road