20140911 Ver 1_Approval Letter_20140825

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 8, 2014
McDowell County
NCDWR Project No. 2014 -0911
Bridge 167 on SR 1539
State Project 17BP.13.R.55
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
J.J. Swain, Jr., P.E., Division Engineer
NCDOT, Division 13
North Carolina Department of Transportation
55 Orange Street
Asheville, North Carolina 28801
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of road widening in McDowell County:
Type of Impact
Amount Approved
Amount Approved
Temporary
Permanent
Site 1 - Stream
36 (linear feet)
50 (linear feet)
Total Stream Impact for Project: 36 linear feet.
Total Temporary Stream Impacts: 50 linear feet.
The project shall be constructed in accordance with your application. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 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 will expire with the accompanying 404 permit.
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 NCDWR 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 total wetland fills for this project (now or in
the future) exceed one acre, or of 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 remain valid, you must adhere to the conditions listed in the attached certification(s) and any
additional conditions listed below.
Condition(s) of Certification:
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N. Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX, 919 - 733, -1290
Internet. www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
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General Conditions
1. 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 downstream of the above structures. The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR.
If this condition is unable to be met due to bedrock or other limiting features encountered during
construction, please contact the NCDWR for guidance on how to proceed and to determine whether
or not a permit modification will be required.
2. 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.
3. 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.
4. 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.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
7. 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 the 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.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
12. 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 the NCDWR
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, the NCDWR may reevaluate and modify this certification.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification..
14. 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.
15. 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.
16. 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.
17. The Permittee shall report any violations of this certification to the Division of Water Resources
within 24 hours of discovery.
18. 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 the NCDWR when all work included in the 401 Certification has been completed.
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits
of the project by the end of the growing season following completion of construction.
20. 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.
21. 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.

If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This, letter completes the review of the Division of Water Resources under Section 401 of the Clean Water
Act. If you have any questions, please contact Kevin Barnett at 828 - 296 -4657 or
[e-mail].
Sincerely,
g-.-'Thomas A. Reeder, Director
Division of Water Resources
cc: Roger Bryan, Division 13 Environmental Officer
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
File Copy
G: \WR \WQ\ McDowell \401s \DOT\CertificationsWpvrl 14 -0911 SR 1539 docx

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 -1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
1, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone. [phone] FAX: 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
NorthCarolina
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