20090403 Ver 1_Approval Letter_20090513

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Approval ot'401 Water Quality Certification with Additional Conditions
May 13, 2009
Rutherford County
DWQ Project 20090403
TIP No. B-4261
NCSR 1520 (Rock Road)
Dr. Greg Thorpe, PhD.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Raleigh, North Carolina, 28779
Dear Mr. Setrer:
You have our approval, in accordance with the conditions listed below, for the following impacts in Cathey's Creek and
an unnamed tributary of Cathey's Creek for the purpose of replacing existing Bridge 37 with a bridge and replacing
existing Bridge 39 with a two (2) barrel box culvert on NCSR 1520 (Rock Road) in Rutherford County:
Table 1 - Stream Impacts in the Broad River Basin for 13-4261
Site Permanent Streambank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft linear ft linear ft linear ft linear ft
Sites 1,2 & 3 Bridge 0 24 0 115 139 0
37
Site 4 Bridge 39 0 0 _ 105 95 200 0
Total 0 24 105 210 339 0
Total Permanent Stream Impacts for Project: 129 linear ft. Total Temporary Stream Impacts for Project: 210
linear feel.
Table 2 - Wetland Imp acts in the Broad River Basin for B-4261
Site Fill Fill Excavation Mechanized Hand Area Total
(ac) (temporary) (ac) Clearing Clearing under Wetland
(ac) (ac) (ac) Bridge Impact
(ac) (ac)
Sites 2 & 3 Bridge 37 0.06 0 <0.01 0 <0.01 0 0,07
Total 0.06 0 <0.01 0 <0.01 0 0.07
Total Wetland Impact for B-4261: 0.07 acres.
SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE nrOne t
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 1? Ofth Carol l na
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 ??l1?Nal`f!
Internet wm.nmalerquality.org L h
An Equal epponunify 1 Affirmative Aelion Employer
'Jr
Dr. Greg Thorpe, PhD.
May 13, 2009
Page Two
The project should be constructed in accordance with your application dated April 6, 2009 (received April 14, 2009),
including the environmental coin inilmcuts 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 and, 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 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 ISA NCAC 21-1 .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 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 must be installed and maintained on the project site until all disturbed soils are
permanently stabilized.
3. NCDOT will need to adhere to all appropriate in-water work moratoria prescribed by the North Carolina Wildlife
Resources Commission.
4. 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.
5. 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.
6. 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.
Dr. Greg "fhorpe, PhD.
May 13, 2009
Page Three
7. 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 revegetatcd with appropriate native species.
8. 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.
9. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (FIQW) or Water Supply I or 11 (WS-1, WS-11), 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. Please refer to the most current version of Stornnvater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
10. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ.
11. Bridge and culvert deck drains should not discharge directly into the streams. Stormwater shall be directed across the
Culvert 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 Stormivater Best Management Practices.
12. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured, treated and disposed of properly.
13. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
14 The dimension, pattern and profile of the stream, above and below the bridge and culvert, shall not be modified.
Disturbed noodplains and streams shall be restored to natural geomorphic conditions.
15. 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.
16. "file 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. Rip-rap 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.
18. 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.
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. The Permittce shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. 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.
2.3. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. 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.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. 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.
Dr. Greg Thorpe, PhD.
May 13, 2009
Page Four
27. 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 arc prohibited unless otherwise authorized by this certification.
28. 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(4) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCDWQ 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, NCDWQ may reevaluate and modify this certification.
29. 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.c. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-homy of
discovery.
31. Upon completion of the project, the NCDOT Division Iinginecr 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, Ralcigh, North Carolina 27604.
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 CAMA 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
15013 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 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.
/.Of
cc: David Baker, USACE, Asheville Field Office
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
Sincerely,
G- ?CLL7C?C%W
Coleen H. Sullins, Director
Division of Water Quality
090403 (Thorpe) TIP B-4261 NCSR 1520