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Home My WebLink About20061558 Ver 2_Approval Letter_20070710of ~ `~ r~ „„ ,,~ ~ Michael F~. Easley, Governcn~ ~ .~ WiCiam G. Russ .1r , Secretary t-- North Carolina DcparLnent oI' fnviionment and Natural-Resources ~ --~ s- Q `- -' `C' C~.~lern H. Su-ins,I?irector Di:~isiouoC~VatcrQuality Jtrly fi, 200'i ~~,a;i~ Cur.~ty DWQ 1°rojectT~o. O61588V2 ~1CSR 1197 (Camp Branch 1~oad) APPROVAL of 401 Water Quality Certification with Additional l':anditloyts Mr. J. B. Setzer, P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed belu~x~, fcr the <i~>L~o~o~ing irr~pac~s i,~ Connelly Creek and Camp Branch, for the purpose of making improvements to NCSR 1197, Can~,p Branch [Zo:,d in Swain County: Stream Im acts in the Little Te~-nessee River 13as+.n Site Permanent Fill Temporary Fill in Permanent Fill in ____ ~1'emporary 7'crtal St~~caui Sire In Intermltt8nt Illtermltt0nt Stl'eam PCrenlllal Stream PeV'V'at0f'ing In Ir~lpact hllp Stream (linear (linear ft) (linear ft} Perennial Stream (linear- ft) Req ft) (linear ft) i<~Iit~ ~ r: (li _ - - ft) Station 0 - ~ --- ---;~, _...-- --- 0+39 Station 40 95 13S 10-!-31 Station 30 9~ 125 12+59 ~ i Station 42 _ 99 1 X11 15+40 Station 185 ft. of 1&5 187 12 10+40 to sheam relocatiai 12+25 Total - 297 -- ----4'-`~ ------~ ---------- _ ---5&ci-------- ---- 29 Total Stream Permanent Impact for Project: 2971inear feet. lemt~ru~ary iznl~acc: -3741i~,~~,a~ i'e~t. alit bets airing i~at<<, near 7- The project should be constructed in accordance with your application dated Jur~.e ''>S, 2007 (ieceived Jui}~ y; ?.U117), including the environmental commitments made in the application later. Afier reviewi~.g your application, we ha-.~e decided that these impacts are covered by General Water Quality Certitication Nos. 3627 and 3634. "phis :-'eriiFicati:~n corresponds to Nationwide Permit Numbers 14 and 33 issued by the FJ.S. Anny Corns of Engineers. In addition, you should acquire any other federal; state or local permits before you proceed with your project including ~lxtt. tx~* 6rtrited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. ~I- ~s aphro~~al will expire with the accompanying 404 Permit. D North Carolina Division of Wafer Quality 2090 U.S. Highway 70 Swaunanoa, NC 26,73 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Emp!:,~~.=r ~' ..1 /..~// J f~~lh"'~+~' Nhone (ti23) 296-Q,q t7clvr`r. S Cost m~~~5er~~ ice FAX (828)99-%ilA3 ~~S~fi`?),,~~~~"~'}(~/;ti~3-b1-;8 ,.~~, Mr. J. B. Setzer, P.E. _ July 6, 2007 ~ - Page 'Two s .~ ~ "This approval is valid sole]y 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 cr~~proval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Isrosion 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 rn~.iintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control 1~'lanning and Desig~r Manual. b. i he 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 aiad Erosio~i Control Manual. T'he 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 Sur face 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. "I'hcre 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, cotnpeilsato~y mitigation will be required since that is a direct impact from road construction activities. 3. Sedime~lt 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 nahzral grade restored upon completion of the project. 4. Placement of culverts and other structures in waters, streams and wetlands, shall be placed below the elevation of the stre.arnbed by o~i~e 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 struct'res including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, streambeds or banks, adjacent to, or upstream and down stream of tt~e above stnletures. The applicant is required to provide evidence that equilibrium is being maintained, if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during constriction, please contact the NC DWQ for guidance on how to proceed and to determine vrhether or not a permit modification will be required. 5. Compensatory mitigation for impacts to 297 linear feet of streams at a replacement ratio of 1:1 is required. On-site mitigation for 185 linear feet will be performed by the stream relocation. We understand, based on the 40I Certification Application that you have chosen to perform compensatory mitigation for the balance of 1121inear feet, for stream impacts, through the North Carolina Ecosystem Enhancement Program (EEP). 6. All channel z~elocations will he constructed 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. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel. to the maximum extent practicable. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, riprap may be allowed if~it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of riprap coverage area. ~. Mr. J. B. Setzer, P.E. July 6, 2007 Page "Three 7. Adequate sedimentation and erosion control measures must be installed and maintained on ±l~~e, project site- to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or siniiiui annual grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (1 `) days of ground ilistL~rl~~ir~g activities to provide long-term erosion control. Erosion control matijig should be used in conjun~;tien ~.vith appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are d~tined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secYared in place with staples or ~~~l~eraeer possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 8. In-stream work and land disturbance within the 25-foot «~ide buffer zone are prohibited during; th; trout-sl,~~rvr:i,ng season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sediuir:ntati~~m du~ir~g construction of the roadway. 9. For projects impacting waters classified by the NC Environmental Management Cornmis~~ion as Trout ('hr), fli~>,h Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stornlwater shall be di=ccted to i~ege~ated bniir°r areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater eunol`f prior to discharging directly into streams. Mowing of existing vegetated buffer ar.~,s is stl~ungly discouraged. 10. The dimension, pattern and profile of the stream, above and below t-ie crossing, shall not be modified. 1~istil.hed floodplains and streams shall be restored to natural geomorphic conditions. 11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black. walni.~t and red maple) must be reestablished within the construction limits of the project by the end of thr gro«~ing season following completion of construction. 12. Riprap shall not be place in the active thalweg channel or placed in the streambed in such a manner ti~at l~,recl:.ides aquatic life passage. Bioengineering boulders or structures should he properly designed, sized ana ir~_ ~.Il:.~i. 13. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream st~ibil~ization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Heavy equipment shall be operated from the banks rather than in the stream channels in order to ~niniYnize sedimentation and reduce the introduction of other pollutants into the stream. I5. All mechanized equipment operated near surface waters must be regularl}~ inspected daily and maii~taine~l to l~r"vent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 16. Rock check dams at culvert outlets should be removed at project completion to av~:id impeding; aq~iatic life movement. 17. All work in or adjacent to stream waters shall be conducted in a dry worl: area. Appro~~ed BMl' measuresnom the most current version of NCDOT Construction and Maintenance Activiti: s manual such as sandbags, rock berms, cofferdams and other diversion struch~res should be used to prevent Excavation in flowing watE~r. 18. Discharging hydroseed mixtures and washing out hydroseedcrs and other equipment in or adjacent to surface ~t~aters is prohibited. 19. If concrete is used during construction (e.g., headwalls), a d,-y ~*,~orl: area shall be maintained to l;re~~ent. rliract contact between curing concrete and stream water. Water that inadvertently contacts uncure,l corlcrcte shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish hills. 20. No rock, sand or other materials shall be dredged fi-om the stream channel, except where aut!orized by this certification. 21. A copy of this Water Quality Certification shall be maintained ou site at flit; construrtitul site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall l,e maintained with the. Division Engineer and the on-site project manager. 22. The pernlittee and its authorized agents shall conduct its activities in a manner consistent ~,~~i;il Stale water gtt~~iity standards (including any requirements resulting from compli:~mce with §~03(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not hei~~g met (including failure to sustain a designated achieved use) or that State of hederal law if brfnd violated, or tLas: further conditions are necessary to assure compliance, D W Q may reevaluate, and modify this certiiration. 23. This certification does not authorize the discharge of waste rock and dirt into the stream or rihax ran ~~one, c;a-c~:°pt Ior permitted areas associated with the bank stabilization work. Mr. J. B. Setter. P.E. 3uly G, 2007 Page-Four ~ • i 1 24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian bi.iffers. 25. I1pon completion of the project, the NCDO'I' 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 I31vd., Suite 2~0, 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 15013 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 40 } 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, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14, DLO Ed Ingle, Roadside Environmental David Baker, USAGE Asheville Field Office Transportation Permitting Unit IVlilce Parker-, Asheville Regional Office