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Home My WebLink About20081583 Ver 1_Approval Letter_20081027O?oF WATFROG Michael F Easley, Governor William G Ross Jr , Secretary North Carolina Department of Environment and Natural Resources O C Coleen H Sullins, Director Division of Water Quality October 27, 2008 Haywood County DWQ Project No 081583 NCSR 1336 (Wesley Creek Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr J B Setzer, P E Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr Setzer You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Mooney Branch, in four (4) unnamed tributaries to Mooney Branch and in two (2) unnamed tributaries to Wesley Creek, for the purpose of making improvements to NCSR 1336 (Wesley Creek Road) in Haywood County Stream Impacts in the French Broad River Basin Site Stream Permanent Fill in Permanent Fill in Temporary Total Stream Stream Relocation Intermittent Stream Perennial Stream Dewatering in Impact Impacts (linear ft) (linear ft) (linear ft) Perennial Stream (linear ft) Requiring (linear ft) Mitigation linear ft 1 - STA 0 0 35 80 115 0 3+48 2 - STA 0 0 14 65 79 0 8+25 3 - STA 0 0 15 80 95 0 14+10 4 - STA 0 0 48 115 163 0 36+06 5 - STA 0 0 16 71 87 0 38+28 6 - STA 0 0 40 92 132 0 60+00 6A- STA 85 0 0 110 195 0 60+05 to 60+90 7- STA 0 0 20 65 85 0 74+45 Total 85 0 188 678 951 0 Total Stream Permanent Impact for Protect. 188 linear feet. Temporary Impact for Protect: 678 linear feet. Total Stream Relocation for Protect: 85 linear feet North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Internet www ncwaterquality org NOne hCarolina "atura!!y Phone (828) 2964500 Customer Service FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr J B Setzer, P E October 27, 2008 Page Two The project should be constructed in accordance with your application dated October 15, 2008 (received October 17, 2008), including the environmental commitments made in the application letter After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No 3704, corresponding to the U S Army Corps of Engineers Nationwide Permit Number 14 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 does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work 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 conditions If total wetland fills for this project (now or in the future) exceed one acre, or if 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 to the attached certification and any additional conditions listed below 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 2 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 3 Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas Matting should be secured in place with staples or wherever possible, live stakes of native trees Straw mulch and tall fescue shall not be used in riparian areas 4 If multiple pipes or barrels are required, they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream shall be avoided Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 5 In-stream work and land disturbance with the 25-foot wide buffer zone are prohibited during the trout-spawning season of January 1 through April 15 to protect the egg and fry stages of trout from off site sedimentation during construction of the roadway 6 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams Mowing of existing vegetated buffer areas is strongly discouraged 7 Native riparian vegetation (e g rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction 8 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 9 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengineering boulders or structures should be properly designed, sized and installed 10 Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream 11 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 12 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval Mr J B Setzer, P E October 27, 2008 Page Three 13 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 14 No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification 15 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification 16 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 17 A copy of this Water Quality Certification shall be maintained 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 18 The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i a local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc 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 or Federal law If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 20 The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery 21 Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd , Suite 250, Raleigh, North Carolina 27604 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 Mr Mike Parker of the Asheville Regional Office at 828 296 4500 Sincerely, .'. 4)?_A Coleen H Sullins, Director Division of Water Quality cc Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 081583 (Setzer) NCSR 1336 (Wesley Creek Road)