NCC241866_ESC Approval Submitted (2)_20240626

ROY COOPER „`STATE
Governor "v �,
ELIZABETH BISER
Secretary
WILLIAM E.TOBY VINSON,JR *44 n�. �' 'fr
Interim Director
NORTH CAROLINA
Environmental Quality
March 18, 2024
National Park Service
Blue Ridge Parkway
Attention: Tracy Swartout
199 Hemphill Knob Road
Asheville,NC 28803
RE: Trout Buffer Waiver
Blue Ridge Parkway Pavement and Drainage Maintenance 20-mile section from US Hwy
221/321 (Blowing Rock) in Watauga County to US Hwy 221 (Grandfather Mountain)in
Avery County,NC
TB-WATAU-2024-004
Watauga, Caldwell, and Avery Counties
Dear Tracy Swartout:
This office has received your plan for the rehabilitation of the Blue Ridge Parkway in Alleghany and
Wilkes Counties, North Carolina. Your plan was submitted to this office for approval because of the
proposed encroachments into the buffer zone of designated trout waters. In accordance with NCGS
113A-57(1) and Title 15A NCAC 4B .0125(c),this letter will serve as written approval to encroach on the
buffer zones of:
• UT Sims Creek [Stream Index 8-7-3, Class C; Tr,ORW waters]
• Sims Creek [Sims Creek, Stream Index 8-7-3,Class C;Tr ORW waters]
• Boone Fork I Price Lake [Stream Index 8-7,Class C; Tr ORW waters]
• UT Cold Prong [Stream Index 8-7-1, Class C; Tr ORW waters]
• UT Boone Fork[Stream Index 8-7,Class C;Tr ORW waters]
• Dixon Creek [Stream Index 11-38-10-1-1,Class C; Tr waters]
• UT Anthony Creek, [Stream Index 11-38-10-3, Class C; Tr waters]
• Linn Cove Branch [Stream Index 11-38-34-2, Class B;Tr ORW waters]
This authority has been delegated to me by Elizabeth Biser, Secretary of Department of Environmental
Quality, in accordance with NCGS 143B-10. The following conditions will apply to this approval:
1. This approval is based on the plan received February 22, 2024 and supplemental information
received March 6,2023 and April 5, 2023.
2. This approval is conditional upon compliance with your 401 and 404 approvals. (G.S. 113A-54.1
(a))
3. No buffer/stream disturbing activity shall take place within the trout buffer zone during the trout
spawning period of October 15 — April 15, unless the North Carolina Wildlife Resource
Commission determines that the moratorium is not applicable to this project.
..........
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road,Suite 300 I Winston-Salem,North Carolina 27105
336-776-9800

National Park Service
March 18,2024
Page 2 of 2
4. Compliance must be maintained with the surface water quality turbidity standard (10 NTU in
streams, lakes, or reservoirs designated as trout waters); if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased. If any
exceedance occurs at any time during the project, activity within the buffer must cease
immediately. More protective erosion and sedimentation control measures may be required in
order to comply with this water quality standard. [G.S. 113A-54.1(a), 15A NCAC 02B .0211
(21)).
5. All materials shall be on hand before any work is started. All materials must be stored in an
orderly manner away from vehicular traffic, near the construction entrance, and away from
waterways or storm drains in appropriate containers and/or enclosures.
6. Care shall be taken so the cross-sectional area of the streams are not reduced.
7. All plantings within the buffer shall be in accordance with the Riparian Planting Plan.
8. All bank repairs, stabilization, grading, or any other disturbances within the 25-foot buffer zone
shall be completed by the end of each day. Work shall be scheduled so that at the end of each day
bare ground is not exposed and all disturbed areas including banks shall have an adequate
temporary or permanent ground cover in place.
9. The contractor shall install and maintain erosion control devices sufficient to contain sediment
around any erodible material stockpile areas as directed. No earthen-material stockpile or staging
area shall be located within the 25-foot buffer zone of any surface water classified as Trout
Waters by the Environmental Management Commission.
10. Submit two (2) complete sets of the "final" plans to the Winston-Salem Regional Office (11" x
17" is preferred)for our files. (15 NCAC 04B .0120)
Your cooperation in protecting our environment is most appreciated. If you have any questions about this
approval, please contact me at [e-mail] or(336)776-9654.
Sincerely,
-.7 "......'''''.."...
Tamera Eplin, P
Regional Engineer
Land Quality Section
c: Rick Tipton, PE,Gannett Fleming(rtipton(c)GFNET.com)
Stan Aiken, PE, Regional Engineer,ARO, DEMLR([e-mail])
Brad Cole, PE, Section Chief,Regional Operations, DEMLR(brad.cole!c7r,deq.nc.gov)
Toby Vinson, PE, Interim Director, DEMLR(toby.vinson(iideq.nc.gov)
Julie Coco, PE State Sediment Specialist, DEMLR(julie.coco(adeq.nc.gov)