20061940 Ver 1_Approval Letter_20070111

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'`' ~~~~ -~ ~0~ ~` . January 8, 2007
~'`t~'~~ ~- -Avery County
~'~,qi,~~ DWQ Project No. 061940
Old Toe River Road
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts for
the purpose of making improvements to NCSR 1157, Old Toe River Road in Avery County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
Station 25 25
39+25
901inear feet
Temp. Dewatering
Total 25 90 25
Total Stream Impact for Project: 115 linear feet.
The project should be constructed in accordance with your application dated December 15, 2006 (received December 21,
2006), 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 Nos. 3404 and 3366. This
Certification corresponds to Nationwide Permit Numbers 14 and 33 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 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 (ttrtless 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 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 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.
No~rthCarolina
~Natura!!y
rth Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterqualiiy.org FAX [phone] I-877-623-6748
Michael F. Easley, Governor
~~r William G. Ross Jr., Secretary
~,`'.~ orth Carolina Department of Environment and Natural Resources
..5t~
~~~/ ' ~/~ ~ Alan W. Klimek, P.E. Director
'l~ ///%/"' Division of Water Quality
An Equal OpportunitylAffirma6ve Action Employer

Mr. Mike Pettyjohn, P.E.
January 8, 2007
Page Two
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.
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. Placement of culverts and other structures in waters, streams and wetlands, 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, streambeds or banks, adjacent to, or upstream and down
stream of the above structures. 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 construction, please contact the NC DWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
5. The permittee shall use Design Standards for Sensitive Watersheds [15A NCAC 4B.0124 (a)-(e). 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 prnvidP long terrn erosion control. Erosion control mating 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 or wherever possible, live stakes of native trees. Straw mulch and tall fescue should
not be used in riparian areas.
6. The pipe at Station 39+25 will remain perched after pipe replacement due to steep slope conditions. A riprap energy
dissipater pad will be placed in the stream under the pipe outlet.
7. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
8. 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, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
9. 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.
10. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in the active
thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed.
11. 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.

t
Mr. Mike Pettyjohn, P.E.
January 8, 2007
Page Three
12. 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.
13. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life
movement.
14. 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 should be used to prevent excavation in flowing water.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
16. If concrete is used during construction (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
18. A copy of this Water Quality Certification shall be posted 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.
19. 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.
20. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the bank stabilization work.
21. 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.
22. 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 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,
...~.---
~~-~ ~'. ~
Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office