20070124 Ver 1_Approval Letter_20071022

~ 1Af A 7-~ Michael F. Easley, Governor
~? R William G. Ross Jr., Secretary
~ ~~ ~P North Carolina Department of Environment and Natural Resources
r, '7~ Coleen Sullins, Director
~.;, ~ ~ ~-, Division of Water Quality
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October 22, 2007
Buncombe County
DWQ Project No. 20070124x.5
NC 146 (Long Shoals Road)
T1P Project No. R-2813B
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, Ph.D., Director
Project Development and Environmental Analysis
NC Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of improving NC 146 from west of SR 2501 to east of I-26 in Bucombe County:
Stream Im acts in the French Broad River Basin
Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact- Impacts
Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring.
ft) Mitigation
'near ft
2 0 0 363 51 414 363
5 0 0 5 600 605 0
6 0 0 89 0 89 0
7 0 0 15 10 25 0
Total 0 0 472 661 1,133 363
Total Stream Impact for Project: 1,133 linear feet.
N~o e~Carolina
Transportation Permitting Unit ° 'ntura~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto•//h2o.enr.state.nc.us/ncwetlands
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North"Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Wetland Im acts in the French Broad River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total Wetland
(ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac)
ac ac ac
1 0.01 0 0 0.01 0 0 0.02
Riverine
3 0.22 0 0 0.02 0 0 0.24
Riverine
4 0.08 0 0 0.05 0 0 0.13
Riverine
6 0.01 0 0 0 0 0 0.01
Riverine
Total 0.32 0 0 0.08 ` 0 0 0.40
Total Wetland Impact for Project: 0.40 acres.
The project shall be constructed in accordance with your application dated received September 14, 2007
and the amendment to the application dated received October 17, 2007. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3627.
This certification corresponds to the General Permit 31 issued by the 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 (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 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 1501inear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to remain valid, you must adhere to the conditions listed in the attached certification.
Condition(s) of Certification:
1. The temporary causeway at Site 5 shall occupy no more than 50 percent of the channel width at any
time, and shall not be constructed higher than the bankfull elevation of the French Broad River.
2. This approval will expire with the accompanying 404 federal permit. This condition supercedes
condition No. 19 in the General Certification 3627.
3. Compensatory mitigation for 3631inear feet of impact to streams at a replacement ratio of 1:1 is
required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite
stream relocations of 78 linear feet of an unnamed tributary to French Broad River at Site 2. The
onsite stream relocation shall be constructed in accordance with the design submitted in your
application dated received September 14, 2007. Please be reminded that as-builts for the completed
N~o°`~Carolina
Transportation Permitting Unit ~tuCQllt,~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.uslncwetlands
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' ~ ~~ ~ ~ ~-~„~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
• ~ ~ ~,. North'Carolina Department of Environment and Natural Resources
Uj 'P, Coleen Sullins, Director
~,-°~ ~ Division of Water Quality
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streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with
the as-builts for the rest of the project. If the parameters of this condition are not met, then the
permittee shall supply additional stream mitigation for the 781inear feet of impacts. All channel
relocations will be constructed in a dry work area, 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. A transitional phase
incorporating rolled erosion control product (RECP) and appropriate temporary ground cover is
allowable.
We understand that you have chosen to perform compensatory mitigation for the remaining 285 linear
feet of impacts to streams through the North Carolina Ecosystem Enhancement.Program (EEP), and
that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter
dated August 28, 2007 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-
Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
4. The post-construction removal of any temporary bridge structures and causeways must return the
project- site to its preconstruction contours and elevations. The impacted areas shall be revegetated
with appropriate native species.
5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401
Water Quality Certification.
6. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers, etc.) before entering the stream. Please refer to the most current version of
Stormwater Best Management Practices.
7. 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 or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the 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.
8. If concrete is used during construction, 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.
Noe Cazolina
Transportation Permitting Unit ~turQlltf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:!/h2o.enr.state.nc.uslncwetlands
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' ,, ~'1~Tfi Michael F. Easley, Governor
~~` ` +~ William G. Ross Jr., Secretary
• ~ ~-, ,~~ North'Carolina Department of Environment and Natural Resources
~ ~ ~~ ~ Coleen Sullins, Director
} y Division of Water Quality
~ '~ `.~"
9. 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.
10. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
13. 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.
14. Heavy equipment shall be operated from the banks rather than in the stream channel except where
authorized by this certification in order to minimize sedimentation and reduce the introduction of
other pollutants into the stream.
15. 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.
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
18. 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 and Federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that State or°federal law is being violated, or that further conditions are necessary
to assure compliance, DWQ may reevaluate and modify this certification.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
20. A copy of this Water Quality Certification shall be maintained on site at 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.
Nao~9rthCarolina
Transportation Permitting Unit ~ vatuCQ~~/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.uslncwetlands
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~~ ~ ~ ~-~~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
• ~ 1~~ ' ~~ North Carolina Department of Environment and Natural Resources
U ~ Coleen Sullins, Director
~, : ~ Division of Water Quality
C~ `S'
21. 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 this
certification.
22. The issuance of this certification does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e.
local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.
24. Upon completion of the project (including any impacts at associated borrow or waste site), the
NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion
Form" to notify DWQ when all work included in the 401 Certification has been completed.
25. Native riparian vegetation (ex. Green ash, sycamore, river birch, spice bush, tag alder, Virginia
willow, ironwood, etc.) must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
26. 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, or access roads to
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.
27. 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.
N~o°~'Carolina
Transportation Permitting Unit '' ' nturQ~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http~llh2o enr state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper

~,~~,q T~. Michael F. Easley, Governor
1Q William G. Ross Jr., Secretary
• 1~~ ~,. North Carolina Department of Environment and Natural Resources
Uj '~' Coleen Sullins, Director
~ ~~ ~ Division of Water Quality
G `~
28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. 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
contact Brian Wrenn at [phone].
' cerely, L
G ' ~~
Coleen. Sullins
Attachments (General Certification and Certificate of Completion form)
Cc: Art King, Division 8 Environmental Officer
Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service (if applicable)
Sue Homewood, DWQ Winston-Salem Regional Office
File Copy
N~o°e~'Carolina
Transportation Permitting Unit ~''HtuCQ~~I/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: httg://h2o.enr.state.nc.us/ncwetlands
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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
county:
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 this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Date
Registration No.
No°e Carolina
~tura!!~
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htt~://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal OpportunitylAffirmative Action Employer- 50% Recyded110% Post Consumer Paper