20071056 Ver 1_Approval Letter_20070710

OF W p T~
> ~~~/' w vat '-I
N(ichael F. Easley, Diu VCrn Oi
\\~illiam G. Ross h' , ~c;cretary
North Carolina De}~artment o'f' Environment and Natural-Resources
C~ ~ `- ' ~ ` ` Y Coleen H_ Sullins, Director
Division of Water Quality
July 3, 2007
Jackson County
Dy~~Q Project No. 071056
NCSR 1145 Bridge No. 188
APPROVAL of 401Water Quality Certification with Additional Cauditions
Mr. J. B. Setzer, P.E.
Division Engineer
North Carolina Department of Transportation
2~3 Wcbstei Road
Sylva, North Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, fur tl~e following impacts for
the purpose of placing temporary and permanent fill material in knob Creels while replacing Bridge No. 188 on NCSR
1145 in Jackson County:
Stream Impacts in the Little Tennes4~e River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in 'l'e-ilporary bill in Total Stream Slrea-n
Intermittent Intermittent Stream Perennial Stream Perennial Str~arn Impact Impacts
Stream (linear ft) (linear ft) (liner ft) (linear ft) (li~luar ft) Reduiring
mitigation
~11110ar ft~
Site 1 6 10 16 0
A and 13
Total 6 10 16 0
Total Permanent Stream Impact for Project: 6 linear ft. Total Temporary Impact for Project.: 10 linear ft.
The project should be constructed in accordance with your application date,~i May 31, 2007 (received June 18, 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_ 3627 and 363=1. This Certification
corresponds to Regional General Permit Number 31 issued by the U.S. Army Cotes of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but nol limited
to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, This 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). Should
your project change, you must notify the DWQ and submit a new application. If the property is sold, the ne«~ owner
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all l.he
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 NC'AC 21i .050E
(h) (6) and (7). For this approval to be valid, you mzast follo~ly the ronrlitions lister! in the attached ;°ertific~atio~a sand any
additional conditions listed belotiv. ~~ ~,~.;a
r~,.
()ne ~5
~~L ~t Nc~~th~a'roliua
NorthlnterneY www ncwate quality. quality 2090 U.S. Highway 70 Swannanoa, TJC 34'78 ~'~~~c X828) z~~~r~~`~~'r~'r aRra~~~.~~~~d~~ ~~~~
An Equal OpportunitylAffirmative Action Employer

~ ~. ~
Mr. J. B. Setzer, P.E.
July 3, 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 Carrolina
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 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 shall be implemented prior to any ground disturbing activities to
nunimize impacts 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 shall 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. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (I~QW) 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.
7. The dimension, pattern and profile of the stream above and below the bridge shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
8. 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.
9. Bridge deck drains shall not discharge directly into streams. Storrnwater shall be directed across the bridge and pre-
treated through site-appropriate means (grass swples, pre-formed scour holes, vegetated buffers, etc.) before entering
the stream. Please refer to the most current version of Stormwater Best Management Practices.
10. 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.
11. Only clean and sediment free riprap shall be used and placed in surface waters.
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.
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.

Mr. J. B. Setzer, P.E.
July 3, 2007
Page Three
14. 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. ,
15. Heavy equipment should 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 daily and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
18. 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.
19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
20. 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.
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. 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 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
further conditions are necessary to assure compliance, DWQ may reevaluate and modify 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. 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.
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 150E 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,
~"
oleen H. Sullins, Director
Division of Water Quality
cc: Mr. Mark Davis, Division 14 Environmental Officer
Mr. Ed Ingle, Roadside Environmental
Mr. David Baker, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office