20070767 Ver 1_Approval Letter_20070521

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Michael F. Easley, Governor
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~'<~illiam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, Y.E. Director
Drvrsron or Water (Zuality
_~~ ~..P; May 10, 2007
~ Buncombe County
DWQ Project No. 070767
:;,:;fq~~~ Bridge No. 464 NCSR 2782
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. ;f. J. Swain, Jr., P.E., Division Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts for
the purpose of placing temporary fill material in Cane Creek, while replacing Bridge No. 464 in Buncombe County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fitl in 'T'otal Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (liner ft) (linear ft) (linear ft) Requiring
iVlitigatiou
(linear fl)
Site 1 70 __ 70 0
Total 70 70 0
Total Temporary Impact f'or Project: 701inear feet.
The project should be constructed in accordance with your application dated May 1, 2007, (received May 4, 2007),
including the environmental commitments made in the application letters. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3634. This Certification corresponds
to Regional General Permit Numbers 31 issued by the U.S. Army Corps of Engineers. In addition, you should acquire
any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment aiul
Erosion Control, Non-Discharge and Water Supply Watershed regulations. "['his approval will expire with the
accompanying 404 Permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Shot ld
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 the
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 1501inear feet, compensatory mitigation maybe required as described in 15A NCAC 2I-I .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and un~~
additional conditions listed below.
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NorthCarolirra
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC ?8778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]-b33-6748
An Equal OpportunitylAffirmative Action Employer

Mr. J. J. Swain, Jr., P.E.
May 10, 2007
Page Two
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 contY-ol 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 in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
3. 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.
4. Adequate sediment and erosion control measures must be implemented prior to any ground disturbing activities to
minimize impacts to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or
permanent herbaceous cover should 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 must be secured in place with staples or wherever
possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas.
5. Strict adherence to the most recent version of NCDOT's Best Management Practice For Bridge Demolition and
Removal, approved by the US Army Corps of Engineers, is a condition of the 401 Water Quality Certification.
6. 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.
7. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season
of January 1 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
8. 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.
9. Only clean and sediment free riprap shall be used and placed in surface waters. This material shall be placed so as
not to constrict flow, contributes to erosion or that impedes aquatic life movement during low flow conditions.
10. Stormwater shall be directed as sheet flow through stream buffer areas or detention basins and not routed directly to
streams as concentrated flow.
11. Waste material shall be disposed of in upland areas and not along stream banks.
12. The post-construction removal of temporary work pads will need to return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
13. Any existing roadway that is to be eliminated shall be restored back to original ground elevations and the natural
floodplain elevations and functions restored. Disturbed areas should be seeded or mulched to stabilize the soil and
native tree species should be planted with spacing of not more that loft. x loft.
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.

Mr. J. J. Swain, Jr., P.E.
May 10, 2007
Page Three
15. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
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 daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
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 (e.g., headwalls), 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. 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 the 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. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that furCher
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the I.T.S. or
protected riparian buffers.
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. 'T'his
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.
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 150B 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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
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2 Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Mr. Roger Bryan, Division 13, Environmental Officer
Mr. Ed Ingle, Roadside Environmental
Mr. Dave Baker, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office