20151166 Ver 1_Approval Letter_20151222

Water Resources
ENVIRONMENTAL �UALITY
PA'I'MCCRORY
�
DONALD R. VAN DIiR VnAli"I'
,bcrei�,rr
S JAY Z[MMEIZMAN
December 22, 2015
Buncombe County
NC D W R Proj ect No. 2015- I I 66
Bridge 686 on SR 2407
TIP No. 17BP.13.R39
APPROVAL of 401 WATER QUALITY CERT[FICATION with ADDIT[ONAL CONDITIONS
Mr. J. J. Swain, Jr., P.E., Division Engineer
NCDOT, Division 13
Post Office Box 3279
Asheville, North Carolina 28802-3279
Dear Mc Swain:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement with box culvert in Buncombe County:
Stream Im acts in the H'rench Broad River Iiasin
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impart
_(linear ft)___�____ (linear it) __� _ (linear ft�
SI 44 44
SIA 50 50
S2 56 56
94 56 150
Total
� otai �tream �mpac[ tor rro�ecr. uu unear teet.
The project shall be constructed in accordance with your application dated November 5, 2015. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This cer[iticatiun corresponds to the (Nationwide/General) Pennit l4 issued by [he Corps of Engineers. In
addition, you should acquire any other federal, state or bcal permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Suppty 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 mugt notify the NCDWR and submit a new application. Ifthe 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. [f total wetland fills for tliis project (no�v or in the Cuture) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 Iinear feet, compensatory mitigation may be required as
described in ISA NCAC 2H .OS06 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions Iisted in the attached certification(s) and any additional conditions listed below.
S�a�eof Notlh Camlina ICnvironmcnlal Quality I Wnler Resonrcee
1617 Mail Service Center, Raleigh, Notlh Carollna 27699-16i7

Condition(s) of Certification:
General Condi[ions
1. Unless otherwise approved in this certification, placement of culverts and other struc[ures 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 sfiall not be co�ducted 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 wntact 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 watec 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
5sh kills. [15A NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the US., 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 nassage. [i5A NCAC 02H.0506(b)(2)]
6. Lhe Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approvaL [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(Z)l
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 ofNCDOT 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 [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contami�ation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[ I SA NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certifica[ion. [l5A NCAC 02H.0506(b)(3)]
1 l. 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 i[s activities in a manner consistent wi[h State water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If ,he NCDWR determines that
such standards or laws are not being met (including the failure to sustain a desiguated 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 02[i.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 managec [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 comptying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and
federal) havingjurisdiction, 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 discavery. [ 1 SA 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. [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.[15A NCAC 02B.OXXX(10)]
20. There shall be no escavation frem, or waste dispesal into, jcrisdic:ional wetlands o: waters assaciated
with this permit withoot appropriate modificatioa 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.[ I SA 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 [ I SA 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 Sedrment and
Erosion Contro! 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 Erosron Control Manua[. 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, [he erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolrna Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of [he Sedimentation Pollution Control Act.
l2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by Ihis Certifica[ion. [ I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to centest any statement in the attached Certification you must tile a petition for an administra[ive
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 ofthis notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nomial office hours. The Office of

Administrative Hearings accepts filings Monday through Friday between [he hours of B:OOam and S:OOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of
Adininis[rative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Adminis[rative Hearings within five (5) business days following Ihe faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Oitice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-67I4
Telephone: (9l9) 431-300Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of Ihe Clean Water Act. If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
S� incerely,
/1
� � � �� .
S. Jay Zimmerman, Director
Division of Water Resources
Electrenic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger D. Bryan, Divisioo 13 Emironmental Officer
Marla Chambers, NC W ildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL OUALIIY
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
PA"f MCCRORY
UUNAI.D IL VAN DEIt VAART'
su�r:v.,,��
S. JAY 9IMMIiRMAN
�),L�U:ii
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 Pennitting
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.
App/icnnt's Cerlifrcntian
I, , 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 Boffer Rules, Ihe approved plans and
specificTtions, and other supporting materials.
Signatw�e: Date:
Agett!'s Cartff-catia;
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of [he construction such that the construction was observed to be built within substantial
compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Cerlifientio�e
Partial Final
1, , as a duly registered Professional Engineer in the State of Nor(h
Carolina, having been authorized ro observe (periodically, weekly, full time) the construction of the project for the
Pennittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
wnstruction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certifcation and Buffer Rules, the approved plans and specifications, and other suppor[ing materials.
Signature
DatP
Registration No.
Slaleo(Norlh Camiina IEnvironmznlal Qualily I Waltr Resoumes
1617 Mail Service Center. Raleigh, Notlh Carolina 27699-16N