20230713_US19_129Improvements(R-5861)_APPRV

DocuSign Envelope ID: 76437B4F-5B85-42FA-B66A-E1CBODE15BDO
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
July 13, 2023
Mr. Patrick Breedlove, Division PDEA Engineer
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
DWR # 20230795
Cherokee County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
US 19/129 Improvements (R-5861)
Cobb Creek, Gold Branch, and Rominger Creek [Hiwassee River Basin, 06020002, Cl
Dear Mr. Breedlove:
You have our approval for the impacts listed below for the purpose described in your application dated June 6, 2023,
and received by the Division of Water Resources (Division) on June 6, 2023, with additional information received
on June 30, 2023, and July 10, 2023. These impacts are covered by the attached Water Quality General Certification
Number 4135 and the conditions listed below. This certification is associated with the use of General Permit
Number 201902350 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state, or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements provided that
you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b)]
Stream Impacts in the Hiwassee River Basin
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Total Stream
Stream Impacts
Site
in Intermittent
in Intermittent
in Perennial
in Perennial
Im ct
Requiring
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
(linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
S1
2,685
2,685
770
S2
746
746
S3
562
562
S4
131
131
TOTAL
562
131
2,685
746
4,124
770
Total Stream Impact for Project: 3,247 linear feet of permanent and 877 linear feet of temporary.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 76437B4F-5B85-42FA-B66A-E1CBODE15BDO
Wetland Impacts in the Hiwassee River Basin
Wetland
Impacts
Permanent Fill
Temporary Fill
Mechanized
Total Wetland
Site
Excavation (ac)
Requiring
(ac)
(ac)
Clearing (ac)
Impact (ac)
Mitigation
(ac)
W 1
0.175
0.175
0.175
W 2
0.105
0.105
0.105
TOTAL
0.175
0.000
0.000
0.105
0.280
0.280
Total Wetland Impact for Project: 0.28 acres.
Open Water Impacts in the Hiwassee River Basin
Site
Temporary Fill acres
Permanent Fill acres
Total Impact acres
01
0.043
0.043
02
0.135
0.135
Total
0.043
0.135
0.178
Total Open Water Impact for Project: 0.178 acres.
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Certification. If you change your project, you must notify the
Division and you may be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with
the additional conditions itemized below, you must notify the Asheville Regional Office within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation of, stream
or wetland standards [ 15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands.
Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee became aware of the non-compliance circumstances.
Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -
construction meeting with all appropriate staff to ensure that the project supervisor and essential staff
understand potential issues at the permitted site. NCDWR staff shall be invited to the pre -construction
meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)]
2. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the
presence of sulfide -bearing rock must be approved by the NCDWR.
3. Compensatory mitigation for 0.28 acre of wetland and 770 linear feet of stream is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams and
wetlands through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that
the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter
dated May 25, 2023, that they will assume responsibility for satisfying the federal Clean Water Act
RE ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
No�hR COUNA
oeP.e„t or armmmemai u�.uq 919.707.9000

DocuSign Envelope ID: 76437B4F-5B85-42FA-B66A-EICBODE15BDO
compensatory mitigation requirements for the above -referenced project, in accordance with
the DMS Mitigation Banking Instrument signed July 28, 2010.
4. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited
impact to upstream and downstream channel stability as well as to native aquatic species. Proper
measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result
of pond draining. If typical pond draining techniques will create significant disturbance to native
aquatic species, additional measures such as collection and relocation may be necessary to prevent a
significant fish kill. NCDOT shall consult with NC Wildlife Resources staff to determine if there are
any sensitive species, and the most appropriate measures to limit impacts to these species. [I 5A NCAC
2H.0506(b)(3)]
Channel relocations at sites IA (Station 15+00 LT) and 23C (Station 147+00 RT) shall be completed
and stabilized, and approved on site by NCDWR 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 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. [15A NCAC 02H .0506(b)(3)]
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. [15A NCAC 02H.0506(b)(2)]
General Conditions
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 NCDWR. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact NCDWR for guidance
on how to proceed and to determine whether or not a permit modification will be required. [ 15A NCAC
02H.0506(b)(2)]
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. [15A NCAC 0213.0200]
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. [I 5A NCAC 02H.0506(b)(2)]
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. [15A NCAC
02H.0506(b)(2)]
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. [15A NCAC 02H.0506(b)(2)]
RE ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CANNA
NMrb..A.r �mm.m.m.i u..1 919.707.9000

DocuSign Envelope ID: 76437B4F-5B85-42FA-B66A-E1CBODE15BDO
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
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 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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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. [I 5A NCAC
02H.0506(b)(3)]
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.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I5ANCAC 02H.0506(b)(3)]
It. Discharging hydroseed mixtures and washing out hydro seeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
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. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [ 15A NCAC 02H.0506(b)(2)]
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. [15A NCAC 02H .0507(c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)]
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. [15A NCAC 02H.0501 and .0502]
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. [ 15A NCAC 02B.0506(b)(2)]
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. [15A NCAC 02H.0502(f)]
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
No�ChROUNA
EMMd e4or919.707.9000

DocuSign Envelope ID: 76437B4F-5B85-42FA-B66A-EICBODE15BDO
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. [15A NCAC
02B.0506(b)(2)]
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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
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. [15A NCAC 02H.0506(b)(3) and (c)(3)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be
contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested
Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60)
calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General
Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for
filing a Petition and Petition forms may be accessed at hqp://www.ncoah.com/ or by calling the OAH Clerk's Office
at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
RE Q_1� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NQRTI� 0AROUNA
o,P. mnor&.mmmemai0 Ity 919.707.9000

DocuSign Envelope ID: 76437B4F-5B85-42FA-B66A-EICBODE15BDO
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchellgdeq.nc.gov if you have any
questions or concerns.
Sincerely,
DocuSi/gned by:
A.1Ml� (JIA.A fAIAJA,
4F4DD2F21EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
ec: Crystal Amschler, US Army Corps of Engineers Asheville Regulatory Field Office (via email)
Dave McHenry, NC Wildlife Resources Commission (via email)
Holland Youngman, US Fish and Wildlife Service (via email)
Kevin Barnett, NC Department of Transportation (via email)
File Copy
D � North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTHCAF10uNA
o^P^^�*^^^^^ o^•\ r 919.707.9000