20090451 Ver 1_Approval Letter_20090721

02A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 21, 2009
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: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed widening of NC 28 from north of SR 1323
(Riverview Street) to south of SR 1378 (Bennett Road) in Macon County, TIP R-24086,
Division 14, Federal Aid Project No. STP-28(1), DWQ Project No. 20090451.
Individual Certification No. W000003806
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3806 issued to The North Carolina Department of
Transportation dated July 21, 2009.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
d G/ Coleen H. Sullins
Director
Attachments
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Mark Davis, Division 14 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Mike Parker, DWQ Asheville Regional Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: htp:llh2o.enr.state.nc.us/ncwetlandst
Dee Freeman
Secretary
NorthCarohna
Natumilm
An Equal Opponunity 1 Affirmative Action Employer
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 authorizes the NCDOT to impact 0.09 acres of
jurisdictional wetlands and 879 linear feet of jurisdictional streams in Macon County. The project shall
be constructed pursuant to the application dated received April 22, 2009. The authorized impacts are as
described below:
R-2408B Stream Imaacts in the Little Tennessee River Basin
Site Permanent Fill in
Intermittent Strea
(linear ft) Temporary Fill i
Intermittent
Stream (linear ft Permanent Fill i
Perennial Strea
(linear ft) Temporary Fill i
Perennial Strea
(linear ft) Total
Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
IA 0 0 9 31 40 0
1 0 Q 41 4 45 0
2 0 0 65 46 111 65
3 0 0 442 60 502 442
4 0 0 106 75 181 106
Total 0 0 663 216 879 613
Total Stream Impact for Project: 879 linear feet
R-2408B Wetland Impacts in the Little Tennessee River Basin
Site Fill Fill Excavation Mechanized Hand Total
(ac) (temporary) (ac) Clearing Clearing Wetland
ac ac ac Impact ac
3 0.05 0 0 0 0 0.05
5 0.04 0 0 0 0 0.04
0.09 0 0 0 0 0.09
Total
Total Wetland Impact for Project: 0.09 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Little
Tennessee River Basin in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
This approval is only valid for the purpose and design that you submitted in your application dated
received April 22, 2009. 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 150 linear
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 are required to comply with all the
conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on
the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
The permittee shall use Design Standards in Sensitive Watersheds[ I 5A NCAC 413.0124(a)-
(e)] for the entire project corridor. However, due to the size of the project, NC DOT shall not
be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered
acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous
cover shall be planted on all bare soil within 15 business days of ground disturbing activities
to provide erosion control. Coir fiber matting shall be used in conjunction with appropriate
seeding on disturbed soils involving steep slopes in riparian areas, and should be secured in
place with staples and wherever possible include installation of live stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent
groundcover within riparian zones. Coir fiber matting shall be used in conjunction with
appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils
within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch
applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed
mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are
defined as a distance 25 feet landward from top of stream bank.
2. Compensatory mitigation for impacts to 613 linear feet of streams at a replacement ratio of
1:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be
provided by onsite stream relocations of 393 linear feet of Rocky Branch and 190 linear feet
of a UT to the Little Tennessee River. The onsite stream relocations shall be constructed in
accordance with the design submitted in your application received April 22, 2009. 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 streams 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 583 linear feet of impacts. All
channel relocations will be constructed in a dry work area, will be completed and stabilized,
and must be approved on site by NCDWQ staff, prior to diverting water into the new channel.
Whenever possible, channel relocations shall be allowed to stabilize for an entire growing
season. All stream relocations shall have a 30-foot wide native wooded buffer planted on
both sides of the stream unless otherwise authorized by this Certification. A transitional
phase incorporating rolled erosion control product (RECP) and appropriate temporary ground
cover is allowable.
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 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.
3. Compensatory mitigation for the remaining 30 linear feet of impact shall be debited from the
Tulula Bog Mitigation Site. These credits shall be accounted for on the ledger for the Tulula
Bog Mitigation Site.
4. Due to severe slope conditions, the outlet of the pipe to the stream restoration on the UT to
Little Tennessee River at 28+OOR on the R-2408A section shall not be buried.
5. Two copies of the final construction drawings shall be furnished to NCDWQ Central Office
prior to the pre-construction meeting. The permittee shall provide written verification that
the final construction drawings comply with the permit drawings contained in the application
dated received April 22, 2009. Any deviations from the approved drawings are not
authorized unless approved by the NC Division of Water Quality.
6. All channel relocations will be constructed in a dry work area and stabilized before stream
flows are diverted. Channel relocations will 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 an entire growing season.
Vegetation used for bank stabilization shall be limited to native woody species, and should
include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated
buffer on both sides of the relocated channel to the maximum extent practical. A transitional
phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-rap
coverage requested.
7. Bridge deck drains should not discharge directly into the stream. Stormwater shall 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.
8. 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 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval.
14. 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.
15. 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.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
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 or 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. 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.
22. 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.
23. 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.
24. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
25. Upon completion of the project (including any impacts at associated borrow or waste site),
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.
26. Native riparian vegetation (ex. river birch, shagbark hickory, green ash, black gum,
sycamore, black willow, tag alder, red chokeberry, ironwood, silky dogwood, spicebush,
swamp milkwood, hop sedge, lurid sedge, bottlebrush grass,joe-pye-weed, boneset) must be
reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
27. 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.
28. 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:
a. 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.
b. 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification.
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 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 21 st day of July 2009
DIVISION OF WATER QUALITY
Coleen H. Sullins
Director
WQC No. 3806