20241173 Ver 1_Approval Letter_20241104

Docusign Envelope ID: 08779762-54DB-4DFO-8E27-OD53462167EO
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RI CHARD E. ROGERS, JR.
Director
Mr. Patrick Breedlove, PDEA Engineer
NCDOT Division 14
345 Toot Hollow Road
Bryson City, NC 28713
[e-mail]
NORTH CAROLINA
Environmental Quality
November 4, 2024
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to N.C. 9 in Polk County, TIP R-5840.
NCDWR Project No. 20241173
Dear Mr. Breedlove:
Attached hereto is a copy of Certification No. 7169 issued to The North Carolina Department of Transportation
(NCDOT) dated November 4, 2024.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
L,gnby:Sb(o&3'o4rs, 7r., Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Kevin Barnett, Division 14 Environmental Officer
Holland Youngman, US Fish and Wildlife Service
Dave McHenry, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
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
e:!eo::fD,EQ 919.707.9000

Docusign Envelope ID: 08779762-54DB-4DFO-8E27-OD53462167EO
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.100 acres of jurisdictional wetlands
and 938 linear feet of jurisdictional streams in Polk County. The project shall be constructed pursuant to the
application dated September 6, 2024. The authorized impacts are as described below:
Stream Impacts in the Broad River Basin
Site
Permanent Fill in
Intermittent Stream
(linear ft)
Temporary
Fill in
Intermittent
Stream
(linear ft)
Permanent Fill
in Perennial
Stream (linear
ft)
Temporary Fill
in Perennial
Stream (linear
ft)
Total Stream
Impact
(linear ft)
S1
177
177
S2
36
36
S3
44
44
S4
14
14
S5
9
9
S6
20
20
S7
12
12
S8
31
31
S9
22
22
S10
16
16
S11
16
16
S12
10
10
S13
3
3
S14
21
21
S15
54
54
S16
24
24
S17
14
14
S18
28
28
S19
15
15
S20
32
32
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: 08779762-54DB-4DFO-8E27-OD53462167EO
S21
12
12
S22
79
79
S23
40
40
S24
23
23
S25
23
23
S26
10
10
S27
4
4
S28
29
29
S29
25
25
S30
9
9
S31
25
25
S32
22
22
S33
22
22
S34
14
14
S35
3
3
Total
276
171
397
94
938
Total Stream Impact for Project: 938 linear feet
Wetland Impacts in the Broad River Basin
Site
Wetland
Type
Fill
(ac)
Dewatering
(temporary)
(ac)
Channel
Stabilization
(ac)
Hand
Clearing
(ac)
Area under
Bridge
(ac)
Total
Wetland
Impact (ac)
Site 6
Riverine
0.010
0.010
Site 6E
Riverine
0.010
0.010
Site 7A
Riverine
0.010
0.010
Site 7D
Riverine
0.010
0.010
Site 8A
Riverine
0.010
0.010
Site 8C
Riverine
0.040
0.040
Site 8D
Riverine
0.010
0.010
,--
D�F Q>
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: 08779762-54DB-4DFO-8E27-OD53462167E0
0.020
0.030
0.050
0.100
Total
Total Wetland Impact for Project: 0.100 acres.
The application provides adequate assurance that the discharge of fill material into the wetlands and waters of the
Broad River Basin in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will
not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received
September 6, 2020. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts,
for this project (now or in the future) exceed 0.1 acre or 300 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (c) (2) and (4).
For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
Conditions of Certification:
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 the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)]
2. The final construction drawings shall be furnished to the NCDWR Transportation Permitting Branch prior
to the pre -construction meeting. The permittee shall provide written verification that the final construction
drawings comply with the permit drawings contained in the application dated September 6, 2024. Any
deviations from the approved drawings are not authorized unless approved by the NC Division of Water
Resources.
Channel relocations 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 coin -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)]
4. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation.
5. Wetland areas impacted by temporary clearing shall be stabilized and reseeded with native wetland seed.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within jurisdictional wetlands. [I 5A NCAC 2H.0506; 15A NCAC 2H.0507]
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: 08779762-54DB-4DFO-8E27-OD53462167E0
Due to the headwater wetland at the inlet of the proposed 60" RCP at Site 7 (Impact S28), NCDWR will
not require the burial of this culvert below the elevation of the streambed at this site. 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 down stream 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)]
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)]
Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. Where riprap is necessary in the active thalweg channel, it must be keyed into the streambed.
[I 5A NCAC 02H.0506(b)(2)]
The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
General Conditions
1. 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)]
2. 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)]
3. 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.
[I 5A NCAC 02H.0506(b)(3)]
4. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I 5A NCAC 02H.0506(b)(3)]
5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
6. When applicable, all construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices
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: 08779762-54DB-4DFO-8E27-OD53462167E0
for the control of sediment and erosion so that no violations of state water quality standards, statutes, or
rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
7. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal
to or exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control
Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor -owned or leased borrow pits associated with the project. Sufficient materials required for
stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site
at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC
02H.0506(b)(3) and (c)(3)]
8. 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)]
9. 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)]
10. 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)]
11. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, 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]
12. 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)]
13. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer complete and return the "Certification of Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [15A NCAC 02H.0507]
14. Native riparian vegetation (i.e., 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.0506(b)(2)]
15. 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)]
16. 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.
[I 5A NCAC 0213.0200]
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: 08779762-54DB-4DFO-8E27-OD53462167E0
17. For all streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [I 5A NCAC 02H.0506(b)(2)]
18. 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)]
19. 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)]
20. 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. [I 5A NCAC 02H.0506(b)(2)]
21. 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]
22. 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.
23. 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.
24. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of
the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
25. DWR approves the stormwater drainage design as shown in the 401 application, under the assumption that
it meets the requirements of the NCDOT NPDES permit #NCS000250. These plans are enforceable by
DWR. Changes to the approved plans are prohibited without prior approval from DWR. If sediment or
other pollutants are found to be discharged from the stormwater outfalls, DWR may take enforcement
action. NCDOT and DWR shall assess the damage to water quality standards and implement an
appropriate action plan to address the impacts. The action plan shall provide an appropriate timeline for
implementation as agreed upon by both DWR and NCDOT. This may require NCDOT to obtain a
modification to its current 401 and 404 permits.
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: 08779762-54DB-4DFO-8E27-OD53462167E0
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations
(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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 http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in
accordance withN.C.G.S 15013-23(a).
This the 4th day of November 2024
DIVISION OF WATER RESOURCES
Signed by:
SMAIA, th&(c M
04351 F033762414...
Richard E. Rogers, Jr., Director
WQC No. 7169
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