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Home My WebLink About20110196 Ver 1_Approval Letter_20121105 ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary November 5 2012 Avery County TIP BK 5117 DWQ Project 20110196V 2 NCSR 1166 (Big Horse Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr Michael Pettyjohn PE Division 11 Engineer North Carolina Department of Transportation Post Office Box 250 North Wilkesboro North Carolina 28659 Dear Mr Pettyjohn ■ You have our approval in accordance with the conditions listed below for the following impacts m Little Horse Creek for the purpose of replacing Bridge No 16 with a 65 foot long double barrel 12 foot by 7 foot reinforced concrete box culvert on NCSR 1166 (Big Horse Creek Road) in Avery County Stream Impacts in the French Broad River Basin Site Permanent Fill Bank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream (linear in Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation 1 (linear ft) (linear ft) (linear ft) (linear ft) Site 1 0 85 65 80 230 0 Total 0 85 65 80 230 0 Total Permanent Stream Impacts for Project 1501in ft Total Temporary Stream Impacts for Project 80 linear ft Wetland Impacts in the French Broad River Basin Site Fill Fill Excavate Mechanized Hand Area Total (ac) (temporary) on Clearing Clearing under Wetland (ac) (ac) (ac) (ac) Bridge Impact (ac) (ac) l Sitel 00 004 00 00 00 00 004 Total 00 004 00 00 00 00 004 1 Total Wetland Impact for Project 0 04 riverine acres The project should be constructed in accordance with your application dated October 24 2012 (received October 31 2012) including the environmental commitments made in the application letter After reviewing your application we SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location 2090 U S Highway 70 Swannanoa North Carolina 28778 NorthCarollna Phone 828 296-4500\FAX 828 299 7043\Customer Service 1 877-623 6748 Naturally Internet www ncwaterquality org An Equal Opportunity Affirmative Action Employer 1 t Mr Michael Pettyjohn PE November 5 2012 Page Two 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 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 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 m wetlands or waters unless otherwise approved by this Certification 3 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 d The reclamation measures and implementation must comply with the reclamation m accordance with the requirements of the Sedimentation Pollution Control Act 4 The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B 0124 (a) (e)] in areas draining to trout waters However due to the size of the project NCDOT 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 exceptions 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 I Mr Michael Pettyjohn PE November 5 2012 Page Three 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 cellulose mulch into surface waters is prohibited Riparian areas are defined as a distance 25 feet landward from top of stream bank 5 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr) High Quality Waters (HQW) or Water Supply I or II(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 6 In stream work and land disturbance within the 25 foot wide buffer zone are prohibited during the trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout 7 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 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 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 12 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 13 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 14 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream stabilization shall be placed m stream channels in such a manner that it does not impede aquatic life passage 15 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 16 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 17 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 Mr Michael Pettyjohn PE November 5 2012 Page Four 18 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 19 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 20 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 21 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 22 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 23 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 24 During the construction of the project no staging of equipment of any kind is permitted m waters of the U S or protected riparian buffers 25 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 26 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 bemg 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 27 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 28 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 29 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 withm 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 Michael Pettyjohn PE November 5 2012 Page Five 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 &h.i2 R ,r � Charles Wakild P E Director Division of Water Quality Attachments cc Monte Matthews USACE Raleigh Field Office Heath Slaughter Division 11 DEO Neil Trivette Roadside Environmental Marla Chambers NCWRC Transportation Permitting Unit Asheville Regional Office 20110196V 2(Pettyjohn)NCSR 1166(Big Horse Creek Road)