20051544 Ver 2_Approval Letter_20080331

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 31, 2008
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
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 Act
and Catawba River Buffer Impacts for Proposed Construction of Bridge 195 in McDowell County, TIP No B-
3872, State Project No. 8.2872001, Federal Aid Project No. BRZ-1552(8).
DWQ Project No. 2005-1544V.2.
Dear Dr. Thorpe:
Attached hereto is a modification of Water Quality Certification No. OS-1544 issued to the North Carolina Department of
Transportation dated October 7, 2005.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
~~~i Coleen Sullins,
,,' '~ Director
Attachments
cc: David Baker, USACE, Asheville Field Office
Jay Swain, Division Engineer, NCDOT Division 13
Carla Dagnino, NCDOT, NEU
Marla Chambers, NCWRC
Marella Buncick,USFWS
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
051544V.2 (Thorpe) TIP B-3872 Bridge 195
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: www.ncwaterquality.org
NorthCarolina
JVaturally
Phone [phone] Customer Service
FAX [phone] I-877-623-6748
An Equal Opportunity/Affirmative Action Employer

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act and Catawba River Buffer Rules with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H,
Section .0500. This certification authorizes the NCDOT to temporarily place fill material in 125 linear feet of Bear
Creek and permanently place fill material in 5,096.9 square feet of protected riparian buffers in McDowell County. The
project shall be constructed pursuant to the modified application dated March 19, 2008, to construct anew bridge over
Bear Creek. The approved design is that submitted as a part of your modified application dated, March 19, 2008. The
authorized impacts are as described below:
Stream Impact Table
Site 1 Stream Impacts - Stream Impacts -
Temporary Fill Temporary
(Linear Feet) Dewatering
Linear Feet)
Bear Creek 125 0
Im acts to Catawba Ri arian Buffers
Site 1 Riparian Buffer Zone 1 Zone 2 Total Buffer Impacts
Impacts (square feet) (square feet) (Zone 1 + Zone 2)
(s uare feet)
Lake James 910 4187 5,097
The application provides adequate assurance that the discharge of fill material into the waters of the Catawba River Basin
in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards and
discharge guidelines. There, the State of North Carolina certifies that this activity will not violate the applicable portions
of Section 301, 302, 303, 306,307of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Numbers 3688 and 3701. This certification corresponds to the Nationwide Permit 33 and 23 issued by the Corps of
Engineers. This approval is also valid for the Catawba River Buffer Rules 15A NCAC 2B .0243.
This approval is only valid for the purpose and design that you submitted in your modified application dated and
received March 19, 2008. All authorized activities and conditions of certification associated with the original Water
Quality Certification dated October 7, 2005 still apply except where superceded by this certification. Should your project
change, you are required to 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 any additional wetland impacts or stream impacts for this project (now or in the future) exceed one acre or 1501inear
feet, respectively, additional 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 below. 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 Certification will expire on the same
day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
Project Specific Conditions:

1. NCDOT shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B. 10124 (a)-(e)} for the entire project.
However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 4B .0124 (a) regarding the
maximum amount of uncovered areas. Temporary cover (wheat, millet or similar annual grain) or permanent
herbaceous vegetation should be planted on all bare soil within 15 working days of ground disturbing activities to
provide long-term erosion control. Erosion control matting 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, stakes or,
wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
2. All stormwater runoff shall be directed to sheet flow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT
maintenance activities, including mowing. The area with non-maintained buffers shall be permanently revegetated,
with native woody species before the next growing season following completion of construction.
4. 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.
5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction. All protected riparian buffers impacted by the placement of temporary
fill or clearing activities shall be restored to the preconstruction contours and re-vegetated with native woody species
upon completion of the project construction.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
7. 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 t prevent excavation in flowing water.
8. The dimension, pattern and profile of the stream, above and below the bridge, should not be modified by widening
the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions
9. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
10. 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.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
12. 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 material.
13. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across the bridge and
pretreated 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.
14. 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.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is strictly prohibited.
16. 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 temporary culverts.
17. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification,
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.
18. Pursuant to NCAC 15A 2B .0243 (6), sediment and erosion control devices shall not be placed in Zone 1 of any
Catawba River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment
and erosion control devices in Zone 1 anywhere on this project. Moreover, sediment and erosion control devices
shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that stormwater discharge is
released as diffuse flow.

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 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 of Federal law is being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1 unless otherwise
authorized by this certification.
21. 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.
22. 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.
23. The permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
24. This certification does not authorize the discharge of waste rock and dirt into the stream, riparian or buffer zone
except for permitted areas associated with bridge construction.
25. Upon completion of the project, the NCDOT Division Engineer or authorized agent, shall complete and return the
enclosed "Certificate of Completion" form to notify the NCDWQ when all work included in the 401 Certification
has been completed.
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 Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the
404 or LAMA permit.
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.
Sincerely,
" \ 1~
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Coleen Sullins
Director
~~~.C,i~
Attachment
cc: David Baker, USACE, Asheville Field Office
Jay Swain, Division Engineer, DOT Division 13
Carla Dagnino, NCDOT, NEU
Marla Chambers, NCWRC
Marella Buncick, USFWS
Transportation Permitting Unit
Mike Parker, Asheville Regional Office