20090838 Ver 1_Approval Letter_20090828

A r
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina, 28699-1548
Dear Dr. Thorpe:
Dee Freeman
Secretary
August 28, 2009
Buncombe County
DWQ Project 20090838
Bridge 134, B-4034
NC Highway 151
You have our approval, in accordance with the conditions listed below, for the following impacts in Stony Fork Creek and
in an unnamed tributary to Stony Fork Creek for the purpose of replacing the existing bridge across Stony Fork Creek on
NC Highway 151 in Buncombe County:
Stream Impacts in the French Broad 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 0 375 0 375 375
Site 2 0 0 64 0 64 0
Total 0 0 439 0 439 375
Total Permanent Stream Impacts for Project: 439 linear feet.
SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Hghway 70, Swannanoa, North Carolina 28778 NorthCarolina
Phone: [phone]X11 FAX: [phone] Customer Service: 1-877-623.6748 ?atura!!lf
Internet: www.ncwaterqual4.org
An Equal Opportunity \ Arrrmaeve Action Employer
Division of Water Quality
Coleen H. Sullins
Director
Dr. Greg Thorpe, Ph.D.
August 28, 2009
Page Two
Open Water Imp acts and In The French Broad River Basin
Site ... Permanent Fill Temporary Fill in . Total Fill in Open-Waters
in Open Waters Open Waters (ac) (ac)
(ac)
Site 3 <0.01 0 <0.01
Total <0.01 0 <0.01
Total Open Water Impact for Project: <0.01acres.
The project should be constructed in accordance with your application dated July 29, 2009 (received August 4, 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. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 31. 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 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 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. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124(a)-(e)] in areas draining to
trout waters. However, due to the size of the project, NCDOT shall not be required to meet 15A NCAC 413.0124(a)
regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include 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 tope
of stream bank.
Dr. Greg Thorpe, Ph.D.
August 28, 2009
Page Three
3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
4. Compensatory mitigation for impacts to 375 linear feet of streams is required. We understand that you have chosen to
perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement
Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter
dated May 12, 2009 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22,
2003 and the Dual-Party MOA signed on April 12, 2004.
5. NCDOT shall comply with the in-stream moratoriums requested by the NC Wildlife Resources Commission.
6. If multiple pipes or barrels are required, that 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.
7. 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.
8. Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to diverting water
into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization
shall be limited to native riparian vegetation, and should be include establishment of a vegetated buffer on both sides
of the relocated channel to the maximum extent practical. 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. Once the stream has been turned into the new channel, it may be
necessary to relocate stranded fish to the new channel to prevent fish kills.
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. 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.
12. Bridge deck drains should not discharge directly into the streams. 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.
13. 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.
14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
15. All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
Dr. Greg Thorpe, Ph.D.
August 28, 2009
Page Four
16. 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-1, 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. Please refer to the most current version of Stormwater Best Management Practices.
Mowing of existing vegetated buffer areas is strongly discouraged.
17. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
25. 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.
26. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
27. 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.
28. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
29. 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.
30. 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.
31. 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 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.
32. 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, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
33. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
Dr. Greg Thorpe, Ph.D.
August 28, 2009
Page 5
34. 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.
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 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,
/-z - 96-,
- Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
J.J. Swain, Division 12 Engineer
Roger Bryan, Division 12 DEO
Ed Ingle, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
090838 (Thorpe) Bridge No. 134 NC Highway 151