20040181 Ver 1_Approval Letter_20040305

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 5, 2004
Yancey County
DWQ Project No. 040181
SR 1446 (Deacon Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions .
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
WETLANDS/ 401 GROUP
MAR 15 2004
VI iii TER QUALITY S CTIQN
You have our approval, in accordance with the attached conditions and those listed below, to impact 145 linear feet
of two (2) unnamed tributaries to Bald Creek (10 linear feet of new pipe and 135 linear feet of stream relocation) in
order to make improvements to NCSR 1446 (Deacon Road) in Yancey County. The project must be constructed in
accordance with the application dated February 2, 2004 (received February 4, 2004), including the environmental
commitments made in the application letter. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers
Nationwide Permit Number 14. In addition, you must 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 unless otherwise
specified in the Water Quality Certification.
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 in writing 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 of
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.
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 control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act. .
59 Woodfin Place Asheville, N.C. 28801 Telephone: [phone] Fax: [phone] Customer Service: 1-877/623-6748

Mr. J.J. Swain, Jr., P.E.
March 5, 2004
Page Two
2. 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 Preconstruction Notice Application. 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.
3. 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 Quality
has released the project.
4. NCDOT shall comply with any other conditions or moratoriums requested by the NC Wildlife Resources
Commission.
5. The natural dimension, pattern, and profile of the stream above and below the culvert should not be modified by
widening the stream channel or changing the depth of stream.
6. The stream relocation shall include vegetated buffers on both sides of the stream to the extent practicable. Native
vegetation and shrubs will be used along with fiber matting to stabilize the stream banks. The new channel
design should resemble the old stable channel in width, depth and gradient. The stream relocation must be
constructed in a dry work area and stabilized prior to diverting water into the new channel.
7. If this office determines that the stream relocation or associated riparian area has become unstable, the stream
shall be repaired or stabilized using only natural channel design techniques, if possible. Vegetation in the
riparian area shall be maintained and/or replaced, according to the approved plans. Riprap or other hard
structures may only be used if required by the Division of Land Resources or a Delegated local program. Lastly,
all repair designs must be submitted to and receive written approval from the NCDWQ before the repair work is
performed.
8. Riparian vegetation must be reestablished within the construction, limits of the project by the end of the growing
season following completion of construction.
9. Stormwater should 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 sheet flow.
10. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their
size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12
inches below the stream bottom to allow natural stream bottom' material to become established in the culvert
following installation and to provide aquatic life passage during periods of low flow. This may require
increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched,
they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically
unfeasible.
11. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and
shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple)
should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control
in the vicinity of the road crossing and along the streams within dedicated rights of way.
12. 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 be minimized and
installed in a manner so as not to interfere with aquatic life passage during low flow conditions.
13. Heavy equipment must be operated from. the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
14. All mechanized equipment operated near surface waters must be: regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
15. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags,
cofferdams, flexible pipe or other diversion structures should be used to minimize excavation in flowing water.
16. If concrete is used during culvert installation (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.
.. 0
Mr. J. J. Swain, Jr., P.E.
March 5, 2004
Page Three
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is strictly prohibited.
18. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life and disturbance of the natural
form of the stream channel will likely cause' downstream erosion problems, possible affecting other landowners.
19. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of
aquatic life.
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 culvert conditions.
21. All work shall be performed during low flow conditions.
22. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion"
form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible
party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water
Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
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 Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the
Asheville Regional Office at 828.251.6208.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Wetlands/401 Unit
Mike Parker, NCDWQ Asheville Regional Office