20090385 Ver 1_Approval Letter_20090429

r
6
Beverly Eaves Perdue
Governor
Division of Water Quality
Colleen K Sullins
Director
Dee Freeman
Secretary
April 29, 2009
McDowell County
DWQ Project 20090385
I'll) No. B-4191
NC Highway 226
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts to Jacktown Creek for
the purpose of replacing the existing bridge with a new box culvert, on NC Highway 226 in McDowell County:
Stream Imnacts in the Catawba River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Impacts in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft) linear ft linear ft linear ft linear ft
Site 1 0 0 175 85 260 .175
Total 0 0 175 85 260 175
Total Stream Permanent Impact for Project: 175 linear feet. Total Temporary Impact for Project: 85 linear feet.
Permanent Impact for Project: 90 linear feet of RCBC and 85 linear feet of stream loss.
The project should be constructed in accordance with you application dated April 3, 2009 (received April 8, 2009),
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 Nos. 3701 and 3688, corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Numbers 23 and 33. 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 is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the NCDWQ and submit a new application. If the property is sold, the new owner
SURFACE WATER PROTECTION SECTION -Asheville Regional Office
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
Phone: [phone]\FAX :[phone]!
Customer Service: 1-877-623-6748
Intemi wvrv,.nmaterouallty.oret
An Equal Opportunity I Affirmative Action Employer
MCDENR
North Carolina Department of Environment and Natural Resources
One
NorthCarolina
Naturally
t
Dr. Greg Thorpe, PhD.
April 29, 2009
Page Two
must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
conditions. 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 and 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 in the attached certification and any additional conditions listed below.
Condition(s) of Certification
1. There shall be no excavation front 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. Unless otherwise approved in this certification, 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 NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
5. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological criteria
exceedances shall not discharge Stormwater directly to surface waters. Stormwater shall be treated using appropriate
best management practices (e.g. vegetated conveyances, constructed wetlands, detention ponds, etc.) prior to
discharging to surface waters.
6. Compensatory mitigation for impacts to 175 linear feet of streams at a replacement ratio of 1:1 is required for TIP
Project B-419 t_ Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream
restoration of 450 linear feet of Jacktown Creek by improving stream dimension, profile and some pattern. The
remaining 275 of stream mitigation will be used for future stream impacts in the area. NCDOT shall submit the final
mitigation plan for the site once the culvert project is completed. All on-site mitigation sites shall be protected in
perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural
Environment Unit mitigation geodatabase. Please be reminded that as-builts for the completed stream 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 175 linear feet of impact.
7. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
mitigation stream segments. The monitoring shall be conducted annually for a minimum of 3 years after final
planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to

Dr. Greg Thorpe, PhD.
April 29, 2009
Page Three
NCDWQ in a final report within sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact
the NCDWQ to schedule a site visit to "close out" the mitigation site.
8. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the NC Wildlife Resources
Commission.
9. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
10. 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.
11. Culvert deck drains should not discharge directly into the streams. Stormwater shall be directed across the culvert and
prc-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 Slormnvaler Best Management Practices.
12. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should 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.
13. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW) or Water Supply 1 or 11 (WS-1, WS-11), stonmvater 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.
14. 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.
15. 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. 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.
16. 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.
17. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved 13MP 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. 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.
19. 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.
20. 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.
21. The Permitter shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
Dr. Greg Thorpe, PhD.
April 29, 2009
Page Four
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.
26. 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 NCDOT Division
Engineer and the on-site project manager.
27. 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.e. local, state and federal) having
jurisdiction, including but not limited to applicable buffer rules, Storruwater management rules, soil erosion and
sedimentation control requirements, etc.
28. The permittee and its authorized agents shall conduct its activities in a manner consistent with Stale water quality
standards (including any requirements resulting from compliance with §303(4) of the Clean Water Act) and any other
appropriate requirements of State or Federal law. If NCDWQ 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, NCDWQ may reevaluate and modify this certification
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. 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,
0v ?, L G?'Crzt zc(
ljlt Coleen H. Sullins, Director
?J Division of Water Quality
cc: Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Marla Chambers, NCWRC
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
090385 (Thorpe) NC Highway 226 (B-4191)