20071134 Ver 2_Approval Letter_20080317

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March 17, 2008
Dr. Greg Thorpe, PhD., Branch Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water with ADDITIONAL CONDITIONS for Proposed improvements to US 19/US 19E
from future I-26 (existing US 19-23) to SR 1186 in Yancey County, State Project Nos.
6.869005T and 6.909001T, TIP Project Nos. R-2518A, R-2518B and R-2519A.
DWQ Project No. 20071134x.2, Individual Certification No. 3706
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3706 issued to The North Carolina Department of
Transportation dated October 11, 2007.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r
`Coleen Sullins'
Director
Attachments
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Mike Parker, DWQ Asheville Regional Office
File Copy
Noe Carolina
Transportation Permitting Unit ~tllCQ~~I,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: h~:llh2o.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
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H .0500. This certification authorized the NCDOT to permanently impact
0.23 acres of jurisdictional wetlands and 2,7371inear feet of jurisdictional streams in Yancey County.
The project shall be constructed pursuant to the modification dated received January 25, 2008 and the
revised information dated received March 6, 2008. The authorized impacts are as described below:
Table 1 -Stream Impacts in the French Broad River Basin for R-2518B
Site Permanent Fill in
Intermittent Stream
(linear ft) Temporary Fill in
Intermittent
Stream (linear ft) Permanent Fill in
Perennial Stream
(linear ft) Temporary Fill
in Perennial
Stream (linear ft) Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
1 43 10 53
2 102 20 122
2A 131 20 0 0 151
3 49 10 59
4 56 49 105
5 76 20 96
6 79 30 109
7 496 20 516 496
8 118 13 131 118
9 204 16 220 204
10 69 ~ 10' 79
11 36 0 36
12 76 10 86
13 95 16 111
14 135 36 171
14A 10 0 10 10
15 82 10 92
16 112 10 122
17 ~ 66 10 76
18 66 10 76
20 16 233 249 16
20A 36 10 46 36
21 33 0 33
22 154 10 164 154
23 36 56 92
24 16 10 26
25 135 20 155
26 39 10 49
27 302 56 358 302
28 0 118 118
Total 131 20 2,737 823 3,711 1,336
Total Stream Impact for R-2518B: 3,711 linear feet
N~~thCarolina
Transportation Permitting Unit QtllCll~~j~
1650 Mail Service Center, Raleigh, NoRh Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:J/h2o.enr.state.nc.uslncwetlands
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North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
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Total
cts in the French Broad River B Hin for R-2518B la
and Area under rid
Table 2 -Wetland Im a Mechanized Bridge Wet
Fill Fill Excavation Clearing Clearing Impact (ac)
Site (ac) ( orar (ac) (ac) (ac) (ac)
temp
y) o o.ll
ac 0 0.04 O 0 0.12
0.07 0 0.01 0 0 0 0.23
0.11 0 0.01 0.04
0.18 0
Total act for R-2518B: 0.23 acres.
Total Wetland Imp
urance that the discharge of fill m ~ will ot° esult n a v~olation of
The application provides adequate ass ro osed developmen
uidelines. Therefore, the State of North Carolina
French Broad River Basin in conjunction with the p P 306 307 of
applicable Water Quality Standards and discharge able portions of Sections 301, 302, 303,
s that this activity will not violate the app lication and conditions hereinafter set
certifie
PL 92-500 and PL 95-217 if conducted in accordance with t e app
forth• ou submitted in your modified application
2008. All t e
valid for the purpose and design that y
This approval is only nal Water Quality
25, 2008 and the revised inforinat at d awi h the rigiMarch ~ n Should
dated received January erceded by this certificatio
1 except where sup lication. If the property is
authorized activities a ~od~ o d1ti2007 still app yion asso and submit a new app reb
Certification dated Oc the DWQ roval letter, and is the Y
ro ect change, you are required to notify acts, or stream impacts,
your p J ven a copy of this Certification and app
.additional wetland im._p additional
sold, the new owner must be gi For this
1 in with all the conditions. If any. ectively, ,
responsible for comp y g exceed one acre or 1501inear feet, resp 6 and (7)•
for this project (now or in the future) .addition, you
ma be required as described in 1 11'h conditions losed below. ~ din but
compensatory mitigation Y 1 with a with yom' project inclu g (
ou are required to comp Y roceeding e and Water Supply
approval to remain valid, y e1-nits before p Non-discharg
should obtain all other federal, state or local p Coastal Stormwater, as the expirafion date of the
not limited to) Sediment and Erosion control,
is Certification shall expire. on the same day
watershed regulations. Th~
corresponding Cores of Engineers Permit.
Condition(s) of Certification:
Project Specific Conditions:
e onl to the additional proposed activities for R- nal Wate 11 t e
1, This modification is applicabl Y this
activities and conditions of the cert~ication associated with t e ong
'll a ly except where superceded by
authorized
Quality Certification dated October 11, 2007 s pP
certification.
x culvert from Bald Creek at Site 20ric d to tempconducted m '
orarily route Bald
2, Removal of the 4-barrel bo rocess shall be sequ
flowing Water. The box culvert e o° of er best management practice described in NCDOT s
ctivities manual to prevent excavation and culvert removal in
Creek through a diversion charm
Construction and Maintenance A N e
flowing water. u
Transportation Permitting Unit
1650 Mail Service Center. Suite 250, Rale gh, North Carol na527604
~~Y Qsa-733-68931_Intemet: htt alh2o.enrstate.nc.us(ncwetlan s
2321 Crabtree BouleMard,

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North Carolina Department of Environmlen and Natural Resources
Coleen Sullins, Director
Division of Water Quality
3. The proposed extensions of the structures at Sites 3 and 12 shall be backfilled with natural bed
material to reduce the risk of developing headcuts.
4. Compensatory mitigation for impacts to 1,3361inear feet of streams at a replacement ratio of l:
is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by
a combination of onsite stream restoration and enhancement. The mitigation sites shall be
constructed in accordance with the mitigation plans provided in the June 26, 2007 application
and revised information letter dated October 1, 2007. The mitigation shall be provided as
detailed in the table below:
Table 3 - Miti ation Credits for R-2518B
Miti ation Method Stream Len h Ratio Credits
Restoration 1,037 1:1 1,037
Enhancement 5,016 2:1 2,508
Total 6,053 ~ ~,,~
The onsite stream mitigation shall be constructed in accordance with the designs submitted in
your June 26, 2007 application, in the revised information letter dated October 1, 2007, and in
the January 25, 2008 modification request. Please be reminded that as-bunts for the completed
streams. shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit
with the as-bunts for the rest of the project. If the parameters of this condition are not met, then
the pernuttee shall supply additional stream mitigation for the 3,5451inear feet of impacts. All
channel relocations shall be constructed in a dry work area, shall 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 art entire growing
season. All stream relocations shall have buffers in accordance with the Biological Assessment
prepared for this. project. A transitional phase incorporating rolled erosion control product
(RECP) and appropriate temporary ground cover is allowable.
6. The permittee shall monitor the restoration and enhancement mitigation sites following the
Level 1 protocols outlined in the "Stream Mitigation Guidelines," dated Apri12003 with the
following exceptions:
a. Pebble counts shall not be conducted.
b. Two cross sections shall be conducted for streams less than 500 linear and five (5) cross
sections shall be conducted for streams greater than SOO linear feet.
c. Riparian success shall be by visual inspection of plant survival. Photos will be taken
and comments noted on plant survival.
The monitoring shall be conducted annually for a minimum of ftve (5) years after final planting.
The monitoring results shall be submitted to DWQ in a final report within sixty (60) days after
completing monitoring. After 5 years the NCDOT shall contact the DWQ to schedule a site
visit to "close out" the mitigation site.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto:l/h2o.enr state nc us/ncwetlands
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7. NC DOT shall adhere to all appropriate in-water work moratoriums (including the use of pile
driving) prescribed by the US Fish and Wildlife Service and the NC Wildlife Resources
Commission as described in the table below unless prior approval from the NC Division of
Water Quality, the US Fish and Wildlife Service, and the NC Wildlife Resources Commission is
provided.
Table 4 - in-water Work Moratoriums
------
Stream
Moratorium Dates
Cane River and tributaries Aril 1 to June 30
Bald Creek and tributaries January 1 to A ril 15
Price Creek and tributaries Janua 1 to A ril 15
The post-construction removal of any temporary bridge structures must return the project site to
its preconstruction contours and elevations. The impacted areas shall be re-vegetated with
appropriate native species.
9. Bridge deck drains shall not discharge directly into streams. Stormwater should 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. Stormwater shall be managed in accordance
with your State Stormwater Permit issued by DWQ.
10. 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 b~ 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.
11. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage.
General Conditions:
12. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
13. If concrete is used during construction, 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.
_ .One CaiOlina
Transportation Permitting Unit ~attlCQllt~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto:/lh2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
14. 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.
15. 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.
16. 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.
17. 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.
18. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
19. 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.
20. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
21. Discharging hydroseed mixtures and washing out hydroseeders and other~~equipment in or
adjacent to surface waters is prohibited.
22. 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.
23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification.
24. 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.
25. 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.
_ Ane Cai0111]a
Transportation Permitting Unit ~atuCU!!r~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ~7a
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]! Internet: http://h2o.enr.state.nc.us/ncwetlands
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26. Upon completion of the project, 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.
27. Native riparian vegetation (ex., river birch, green ash, water tupelo, blackgum, redbay,
sycamore, swamp chestnut oak, tag alder, common pawpaw, ironwood, sweet pepperbush, titi,
Virginai willow, doghobble) must be reestablished within the construction limits of the project
by the end of the growing season following completion of construction.
28. 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.
29. 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.
30. 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.
a. 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.
b. 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.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
31. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions
are made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA permit.
N.,o~ne~Cazolina
Transportation Permitting Unit ~attlra!!tJ
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
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% Recycledll0% Post Consumer Paper

QF W /~ rFR William G. Ross Jr., Secretary
`O~ QG North Carolina Department of Environment and Natural Resources
Uj r Coleen Sullins, Director
~ ~ Division of Water Quality
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If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 17th day of March 2008
DNISION OF WATER QUALITY
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Coleen Sullins `~
Director '
WQC No. 3706
No11° Carolina
Transportation Permitting Unit ~atuCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 CrabUee Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o.enr.state.nc.uslncwetlands
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