20061892 Ver 1_Approval Letter_20070116

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Tom Hartye, General Manager
Metropolitan Sewerage District
2028 Riverside Drive
Asheville, NC 28804
January 16, 2007

DWQ Project # 06-1892
Buncombe County
Subject Property: Haywood Road Sewer Improvements, Phase 2
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hartye:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise temporarily impact 20 feet of streams for the
purpose of utility replacement at the subject properties, as described within your
application dated December 19, 2006. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3374 (GC3374). The Certification(s) allows you to use Nationwide Permit(s) 12 when
issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, stormwater, and buffer regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us 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 fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htta://h2o.enr. state. nc. us/ncwetlands
NorthCarolina
,Naturally
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Metropolitan Sewerage District
Page 2 of 6
January 16, ?007
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 20 (feet) UT to Lake Julian
2. Erosion & Sediment Control Practices
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 in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Metropolitan Sewerage District
Page 3 oF6
January 16, 2007
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material.
8. Buffer Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
stream bank associated with the approved temporary impacts of a UTs to Lake
Julian, installation, repair, replacement and/or maintenance must be done in an
"in kind" manner immediately following construction. (Example: Disturbed areas
with pre-existing grassed lawns must be replanted with grass. Disturbed areas
with pre-existing trees or woody vegetation must be replanted with trees and
woody vegetation. Disturbed areas with pre-existing forest vegetation must be
replanted with forest vegetation including at least two different native hardwood
tree species at a density sufficient to provide 320 trees per acre at maturity. This
density can usually be achieved by planting approximately 436 (10 x 10 spacing)
to 681 (8 x 8 spacing) trees per acre.)

Metropolitan Sewerage District
Page 4 of 6
January 16, ?007
9. No Sediment and Erosion Control Measures in Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
10. Construction stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http.//h2o.enr.state.nc.us/su/Forms Documents htm.
11. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
12. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.

Metropolitan Sewerage District
Page S of 6
January 16, 2007
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
13. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Sediment and erosion control measures shall
adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124).
14. Seeding for a temporary cover of wheat, millet, or similar annual grain or permanent
herbaceous cover should occur on all bare soil within five (5) days of ground
disturbing activities to provide long-term erosion control. The projects should be
accomplished in stages instead of leaving large areas exposed to storm events.
Erosion control matting should be used in conjunction with appropriate seeding on
disturbed soils in steep slope and riparian areas. Matting should be secured in place
with staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch
and tall fescue should not be used in riparian areas.
15. Where concrete is used, a dry work area must be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently
contacts live concrete should hot be discharged to surface waters due to the
potential for water chemistry change and a fish kill.
16. Under no circumstances should rock, sand, or other materials be dredged from the
stream channels under authorization of this permit except, if necessary, in the
immediate vicinity of the crossings. Dredging has severe effects on aquatic life and
disturbance of the natural form of the channel can cause downstream erosion
problems. The natural dimension, pattern, and profile of the channels adjacent to
the pipes should not be modified by widening or changing their depths.
17. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with rock and fabric.
18. Any riprap placed for stabilization should be clean and limited to the stream bank
below the high water mark and vegetation should be used above. Rip rap must not
be placed in stream channels in a manner that obstructs fish passage.
19. Riparian vegetation should be preserved as much as possible. Where vegetation
must be cut, the area should not be grubbed so stumps and roots can resprout.
Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore,
river birch, red maple) should be reestablished upstream and downstream of the
impacted areas if it is removed during construction to provide bank stability and
shading. We encourage the reuse of native plants that must be removed from
permanently disturbed areas.

Metropolitan Sewerage District
Page 6 of 6
January 16, 2007
20. Stream crossings should be made as close to perpendicular to the stream channel
as possible to minimize riparian area disturbance.
21. The stream channels should be restored to stable and natural conditions after
completing the pipe installations.
22.A11 mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters with fuels, lubricants,
hydraulic fluids or other toxic materials.
24. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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 1508 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 Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
~ ~~. ~~~~
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3374
Certificate of Completion
Guidelines for Riparian Buffer Establishment
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-1892.HaywoodRoadSewerReplacement.Approval