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Home My WebLink About20071945 Ver 1_Approval Letter_20071219V, = A� FILEP Michael F Easlev Governor William G Ross Jr Secretary North Carolina Department of Env iionment and Natural Resources Coleen H Sullins Director Division of Watei Ouahty December 19 2007 McDowell Countv DWQ Project 071945 - - -_ TIP_No B_4197— - - = Bridge 7' ) NCSR 1552 (Lake James Road) Approval of 401 Water Quality Certification with Additional Conditions Dr Greg Thorpe PhD Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 Dear Dr Thorpe You have our approval in accordance with the conditions listed below for the following impacts to Dales Creek and an unnamed tributary to Dales Creek for the purpose of constructing a new bridge on NCSR 1522 (Lake James Road) in McDowell County Stream Imnnetc in thn (atowhn 1D. 12 Site Permanent Temporary Permanent Temporary Total Stream Fill in Fill in Relocation Dewatermg Stream Impacts Intermittent Intermittent in Perennial in Perennial Impact Requiring Stream (linear Stream (linear Stream Stream (linear ft) Mitigation ft) ft (linear ft) (linear ft (linear ft) Dales Creek 82 Ut to Dales Creek 167 Total i Mal 1711 Valli 1111paet loi rroject imear Ieet l emporary impacts for Project 82 linear feet The project should be constructed in accordance with your application dated November 8 2007 (received November 16 2007) 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 Nos 3704 and 3688 corresponding to the U S Army Corps of Engineers Nationwide 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 Please note that new 401 Water Quality Certifications went into effect on November 1, 2007 These Certifications contain additional requirements that were not in the old certifications You are strongly urged to review these new certifications (attached) and become familiar with their requirements NorthC- irolml ,Naturally North Carolina Division of Watei Quality 2090 U S Hibhway 70 Swannanoa NC 28778 Phone (828) 296 4500 Customer Set vice Internet www ncwaterquality org FAX (828) 299 7043 1 877 623 6748 An Equal Opportunity /Affirmative Action Employer `g � i Dr Gregory J Thorpe PhD December 19 2007 Page Two y 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 _ an_d is thereby ronsible for_co_mplvmg with all conditions If total wetland fills for this project now or in the fuoure) exoeed 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 0-)06 (h) (6) and (7) For this approval to be valid you must follow the conditions listed to the attached certification and any additional conditions listed below Coudition(s) of Certification 1 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 2 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification If placement of sediment and erosion control devices in wetlands and waters is unavoidable they shall be removed and the natural grade restored upon completion of the project 3 Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources Temporary cover (wheat millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within fifteen (15) days of ground disturbing activities to provide long term erosion control Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas Matting should be secured in place with staples or wherever possible live stakes of native trees Straw mulch a ^d tail fescue shall not be used in riparian areas 4 NCDOT shall provide a stream relocation plan for the unnamed tributary to Dales Creek prior to starting work on the project All channel relocations will be conducted in a dry work area and stabilized before stream flows are diverted Channel relocations will be completed and stabilized and must be approved on site by DWQ staff prior to diverting water into the new channel Compensatory mitigation for the stream impacts will be through the Ecosystem Enhancement Program however a plan indicating how the stream will be relocated and stabilized must be submitted 5 If multiple pipes or barrels are required they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and /or sills where appropriate Widening the stream shall 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 6 Compensatory Mitigation for impacts to 167 linear feet of stream is required We understand that you have chosen t perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated August 21 2007 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the Tn Party MOA signed on July 22 2003 and the Dual Party MOA signed April 12 2004 7 The post construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations The impacted area shall be revegetated with appropriate native species 8 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 9 Bridge deck drains should not discharge directly into the streams Stormwater shall be directed across the bridge and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffeis etc ) before entering the stream Please refer to the most current version of Stormwater Best Management Practices 10 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr) High Quality Waters (HQW) or Water Supply I or II (WS I WS II) 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 prior to discharging directly into streams Mowing of existing vegetated buffer areas is strongly discouraged 0 Dr Gregory J Thorpe PhD December 19 2007 Page Three 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 e 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 Permtttee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 19 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 20 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 21 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 22 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 23 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 24 The Permmttee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 25 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 Dr Gregory J Thorpe PhD December 19 2007 Page Four N If this Certification is unacceptable to you have the right to an adludicatory 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 Heanngs 6714 Mail Service Center Raleigh N C 27699 6714 If mo i ications are made to an ongmai Ceei- ilication you have the rightTo an - -- adludicatory heanng on the modifications upon written request within sixty (60) days following receipt of the Certification Unless such demands ate made this Certification shall be final and binding This the 19th day of December 2007 DIVISION OF WATER QUALITY Coleen H Sullins Director