20121077 Ver 1_Approval Letter_20121211

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Waklld, P E
Director
Approval of 401 Water Quality Certification with Additional Conditions
Dr Gregory J Thorpe, PhD, Manager
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina, 27699
Dear Dr Thorpe
Dee Freeman
Secretary
December 11, 2012
Transylvania County
DWQ Project 20121077
TIP Project No 5010
US Highway 64
You have our approval, in accordance with the conditions listed below, for the following impacts in Rock Creek for the
purpose of replacing Bridge No 27 with a single - barrel 90 -foot long, 10 -foot by 8 -foot, reinforced concrete box culvert,
197 feet of temporary impacts that includes a temporary culvert and dewatering for an on -site detour and the temporary
fill of 0 07 acres of a private pond, on US Highway 64 in Transylvania County
Stream Impacts in the Savannah River Racin
Site
Temporary Fill
Stream Bank
Permanent
Temporary
Total
Stream
007
In Intermittent
Stabilization
Fill in
Impacts in
Stream
Impacts
Stream
(linear ft)
Perennial
Perennial
Impact
Requiring
(linear ft)
Stream
Stream
(linear ft)
Mitigation
linear ft
linear ft
linear ft)
Site 1
0
0
90
0
90
0
Site 2
0
50
0
0
50
0
Site 3
0
0
0
197
197
0
Total
0
50
90
197 1
337 1
0
otai rermanent 6tream impacts for Protect 140 lin ft Total Temporary Stream Impacts for Protect 197 linear ft
Open Water (Pond) Impacts in the Savannah River Raain
Site
Permanent Fill in
Open Waters ac
Temporary Fill in v
Open Waters (ac)
Y Total Fill in Open Waters
(ac)
Site 1
00
007
007
Total
00
007
007
total Open water impact for Protect. 0 07 acres
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE On..e�t� 7�„
Location 2090 U S Highway 70 Swannanoa North Carolina 28778 One
Phone [phone] FAX [phone] Customer Service 1877-623-6748 �atura!!�
Internet www ncwaterquality org
An Equal Opportunity, Affirmative Action Employer

Dr Gregory J Thorpe, PhD
December 11, 2012
Page Two
The project should be constructed in accordance with your application dated November 15, 2012 (received November 27,
2012), 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 3886, corresponding to the U S
Army Corps of Engineers Regional General 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 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification
3 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
The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B 0124 (a) -(e)] in areas
draining to ORW and trout waters However, due to the size of the project, NCDOT 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
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception Erosion control matting is not necessary if the area is contained

Dr Gregory J Thorpe, Ph D
December 11, 2012
Page Three
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basms, etc Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer -and limestone -free tank is allowable at the
appropriate rate in conjunction with the erosion control measures Discharging hydroseed mixtures and wood
cellulose mulch into surface waters is prohibited Riparian areas are defined as a distance 25 feet landward
from top of stream bank
5 For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr),
High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated
buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pretreating storm
water runoff prior to discharging directly into streams Mowing of existing vegetated buffers is strongly
discouraged
6 In- stream work and land disturbance within the 25 -foot buffer zone are prohibited during the trout- spawning
season of October 15 through April 15 to protect the egg and fry stages of trout
7 NCDOT is providing off -site mitigation of 901mear feet through the North Carolina Ecosystem Enhancement
Program by letter dated September 25, 2012
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 Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams 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
10 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
11 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
12 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 stream bank stability Any applicable riparian buffer impact for access �to stream channel shall be
temporary and be revegetated with native riparian species
13 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
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 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
16 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

Dr Gregory J Thorpe, Ph D
December 11, 2012
Page Four
17 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
18 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
19 The Permittee shall ensure that the final design drawmgs adhere to the permit and to the permit drawings submitted
for approval
20 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited
21 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
22 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
23 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
24 All fill slopes located in Jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
25 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
26 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
27 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
28 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
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 (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed
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 wntten request withm 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 Heanngs, 6714 Mail Service
Center, Raleigh, N C 27699 -6714 If modifications are made to an original Certification, you have the right to an
adjudicatory hearmg 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

Dr Gregory J Thorpe, PhD
December 11, 2012
Page Five
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
Smcerely,
—Charles Wakild, P E, Director
Division of Water Quality
Attachments
cc Lori Beckwith, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Ben DeWit, Roadside Environmental
Marla Chambers, NCWRC
Transportation Permitting Unit
Asheville Regional Office
20121077 (Thorpe) Bridge 27 US Highway 64 TIP No 5010