20230912_ReplaceBridge204onSR1533_APPRV

DocuSign Envelope In 1DOE6CCC-9F4C-45C6-AEOC-746C91C91E70
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 12, 2023
DWR # 20210303
Macon County
Mr. Patrick Breedlove, PDEA Engineer
North Carolina Department of Transportation, Division 14
354 Toot Hollow Road
Bryson City, NC 28713
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Replace Bridge 204 on SR 1533
Walnut Creek [Little Tennessee River Basin, 06010202, C; Trout]
Dear Mr. Breedlove:
You have our approval for the impacts listed below for the purpose described in your application dated August 23,
2023, and received by the Division of Water Resources (Division) on August 23, 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 Little Tennessee River Basin
Permanent Fill
Stream Impacts
Permanent Fill in
Temporary Fill
in Perennial
Temporary Fill
Total Stream
Requiring
Site
Inte rmitte nt
in Inte rmitte nt
Stream (linear
in Perennial
Impact (linear ft)
Mitigation
Stre am (line ar 11)
Stre am (line ar 8)
8)
Stream (line ar 8)
(linear 8)
S1
104
104
-
S2
134
134
-
S3
69
69
-
Total
173
134
307
-
Total Stream Impact for Project: 173 linear feet of permanent and 134 linear feet of temporary.
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
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: 1DOE6CCC-9F4C-45C6-AEOC-746C9lC9lE70
sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions.
[I 5A 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. For projects impacting waters classified by the NC Environmental Management Commission as Trout
(Tr), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means
appropriate to the site for the purpose of pre -treating storm water runoff prior to discharging directly into
streams. Mowing of existing vegetated buffers is strongly discouraged. [ 15A NCAC 02H.0506(b)(2)]
3. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in -water
work is permitted between January 1 and April 15 of any year, without prior approval from the NC
Division of Water Resources and the NC Wildlife Resources Commission.
In -stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout -
spawning season of January 1 through April 15 to protect the egg and fry stages of trout. [15A NCAC
02H.0506(b)(2)]
4. The permittee shall use Design Standards in Sensitive Watersheds in areas draining to Trout Waters.
[15A NCAC 4B.0124 (a)-(e)]
5. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [ 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. [I 5A NCAC
02H.0506(b)(2)]
RE Q
�� 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 CAROUNA
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DocuSign Envelope ID: 1DOE6CCC-9F4C-45C6-AEOC-746C91C91E70
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. [15A 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)]
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)]
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)]
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. [15A 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. [15A NCAC 02H.0506(b)(3)]
11. 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 pernlittee 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)]
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]
D QNorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTI� ONIOUNA
o,P. e„torarmmmemai0 Ity 919.707.9000