20151209 Ver 1_Approval Letter_20151222

Water Resources
ENVIRONMENTiIL OUALRY
PA'I'MCCROKY
�
DONALD R. VAN DI:R VAART
n�-�.�r�n�,�
S. JAY 7IMMERMAN
� 1:1T� lt.l
December 22, 2015
Haywood County
NCD W R Project No. 2015- I 209
Bridge 273 on SR 1346
TIP No. 17BP.14.R.128
APPROVAL of 401 WATER QUAWTY CERTI�ICATION with ADDITIONAL CONDITIONS
Mr. Mark S. Davis, Division Environmental Supervisor
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Davis:
You have our approval, in accordance with the conditions listed below, for the following impac[s for the purpose of
bridge replacement with bottomless box culvert in Buncombe County:
Stream Imuacts in the
Site Permanent Fill in Temporary Fill in I Total Stream
Perennial Stream Perennial Stream i Impact
_ (linear ft) _ __�linear it�_ __ � (I�near ft)
-5�- — �- — � - —
S1A 120 120
S1B 108 108
108 120 228
Total
Total Stream Impact for Project: 228 linear
The project shall be constructed in accordance with your application dated November 18, 2015. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Nutnber
3883. This certification corresponds to the (Nationwide/General) Permit 3 issoed by Ihe 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 subtnit a new application. If [he propert} is sold, the
❑ew owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If totzl 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 I50 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (71. For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
S�a�e oFNotlh Carolina IBnvimnmemal Qualily I W mer Resources
16 V Mail Service Center, Raleigh, Notln Carolina 276994fi17

Condition(s) of Certification:
General Conditions
I. Unless otherwise approved in this certi5cation, placement of culveRs 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 wlvert 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 aud 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 NCDW R. 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 SA 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 watec Water that inadvertently contacts unwred concrete shall
not be discharged to surFace waters due to the potential for elevated pH and possible aquatic life and
fish kills. [ISA NCAC 02B.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 SA 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) and
(c)(Z)1
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 red�ce the introduction of other pollutan[s into the s[ream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularty inspected and maintained to
prevent contamination of sheam 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)]
II. Discharging hydroseed mixtures and washing out hydroseeders 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 requiremen[s resulting from compliance with §303(d) ofthe 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 ro 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 02I3.0200]

13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [i5A 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]
l6. 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.
l7. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours ofdiscovery. [l5A NCAC 02B.0506(b)(2)]
l8. 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. [ISA NCAC
02H.0502(�]
19. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region)
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[l5A NCAC 02B.OXXX(l0)]
20. There shall be ne excavation frem, or waste disposal into, jurisdictional weUands or waters associated
with this permit without appropriate modification. Should waste or borcow 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 wntrol 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 Na7h Carolina Sedrnrent and
Erosion Control Planning and Desrgn 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 Sedrment 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 Caro(ina 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 controi measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
if you wish to contest any statement in the attached Certification you must file a petition for an adminisfrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must fi!e 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 Oftice of

Administrative Hearings accepts filings Monday through Friday between [he hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one Q) copy of the petition must be filed with the Oftice of
Administrative Hearings.
The peti[ion may be faxed-provided the original and one copy of the document is received by the Office of
Adminishative Hearings within five (5) business days following [he faxed [ranstnission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Sam M. Hayes, General Counsel
Department of Emironmental Quality
1601 Mail Service Center
This letter completes Ihe review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please wntact Kevin Bamett at [phone] or kevin.barnett@ncdencgov.
Sincerely,
�C�� �h/ . , .-__ �o✓
S. Jay Zimmerman, Director �
Division of Water Resources
Electronic copy only disYribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy

Water Resources
EN V IftONMENTHL OUALITY
NCDWR Project No.: County:
Applicant
Project Name:
Date of Issuance of 40l Water Quality Certification:
PA"f �4CCItC)ItY
DONALD R. VAN Dl�:lt VAAR"i'
S. JAY RIM19MERMAN
CertiPcate 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 ceRificate to the 40I Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDW R by the applicant, the applioanYs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanPs Certiftcntion
�, , 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 Roles, the approved plans and
specifications, and other supporting materials.
Signature: Date:
,4gerePs Certifrcr.tio;s
�, , 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 Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting maCerials.
Signature:
Eitgineer's Certifienlian
Partial Final
�, , as a duly regis[ered Professional Engineer in the Sta[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state thaL to the best of my abilities, due care and diligence was used in Ihe observation of the
construction soch that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the app�oved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Slale oC Nonh Carollna ;Envimmnenlal Quelity I W aler Remume�
1617 Mail Service Cenfer, Raleigh, Notlh Camlina 27699-i617