20160195 Ver 1_Approval Letter_20160321

Water Resources
ENVINONMEN�AI �UALIiY
PAT MCCRORY
c�,�•<•„�„��
DONALD R. VAN DGR VAART
se����i�,�y
S. JAY ZIMMERMAN
Dil'Cnol'
March 21, 2016
[3uncombe Coimty
NCD W R Project No. 2016-0195
(Bridge 571) on SR 3442
State Project No. 17BP.13.R36
APPROVAL oP401 WATER QUALITY CF,RTIFICATION, with ADDITIONAL CONDITIONS
Mr. Roger D. Bryan, Environmen[al Officer
NCDOT, Division I3
55 Orange Street
Post Office Box 3279
Asheville, North Carolina 28802-3279
Dear Mr. Bryan:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Bridge Replacement in Buncombe County:
Stream Im acts in the French 6road River Basin
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact
linear ft linear ft linear ft
Sl 148 148
S1A 45 45
Sl[3 83 83
l28 148 276
Total
� otai �n�eam �mpaer tor rro�ecc: �io imear �eer.
The project shall be constructed in accordance with your application dated March I, 2016. After reviewing your
application, we havc decided that these impacts are covered by General Water Quality Certification Nutnber 3886.
This eertification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or bcal permits before you proceed widi your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire wilh U�e accompanying 404 permit.
This approval is valid solely for tlie purpose and design described in your application (unless modified beiow).
Should your project change, you mus[ notiCy the NCDWR and submit a new application. If tlie 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 total wedand filis for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the futw'e) exceed 150 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you nu�st adhere to [he
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certi�cation:
Slale of Nonh Wrolina .Enrimnmcntal Quality I W��er Resouttes
1617 Mail Service Center, Raleigh, Nodh Carolina 2769g1617

General Conditions
l. Unless otherwise approved in this certification, placement of calverts 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
eqailibrium 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 ro determine whether or not a permit modification will be required.
[ I SA NCAC 02H.0506(b)(2)]
2. [f 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 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 resmred 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 [hat 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
(�)(z)l
7. All work in or adjacent to stream waters shall be conducted in a dry wark 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 [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.
[ I SA NCAC 02H.0506(b)(3 )]
10. No rock, sand or other materials shall be dredged from the s[ream channel except where authorized by [his
certi5cation. [ISA NCAC 02H.0506(b)(3)]
1l. 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 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, [he Water Quality Certification and all subseqaent 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)]
I5. The outside buffer, wetland or water boundary located within the cons[ruction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any ]and 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 govemment 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 reCum 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(�]
19. 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)]
20. 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 Caro[ina 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 Sedrment and Erosron Control Man:ial. The devices shall be maintained on all
consreuction sites, borrow sites, and waste pile (spoil) projects, including contractoo-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.
21. Sediment and erosion control 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 ro con[es[ any statement in the attached Certifica[ion you must file a peti[ion for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You mast file the petition
with the office of Administrative Hearings wi[hin 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 Office of
Administrative Hearings accepts filings Monday [hrough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administra[ive Hearings.

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The tnailing address for [he Office of Adminish'ative Flearings 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:
Mr. Sam M. Hayes, General Counsel
Depaitment of Environmental Quality
1601 Mail Service Center
This letter comple[es [he review of the Division of Water Resources under Section 401 of the Clean Wa[er Act. If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
Sincerely,
�S' .
S. Jay itnmerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Conunission
File Copy

Water Rnsourres
ENVIRONMEN fAL OUALiiY
NCDWR Project No.: County:
ApplicanL•
Project Name:
Date of Issuance of 401 Water Quality Certifieation:
PAT MCCRORY
e„����.��,�
DONALD R. VAN DER VAART
sec,eraq�
S. JAY ZIMMERMAN
Uiru[Yor
Certificate of Completio❑
Upon completion of all work approved within the 401 Wa[er Quality Certification or applicable Buffer Rules, and
any subsequent modifications, tl�e applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retmned to NCDWR by the applicant, the applicant's authorized agent, or the projec[ engineer. It is not
necessary to send certificates from all of these.
ApplicrnrYs Certiftcatioir
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the consh'uction such that the construction was obseived to be built within substantial
compliance and intent of tlie 401 Water Qualiry Cer[ification and Buffer Rules, [he approved plans and
specifieations, and other supporting materials.
Signature: Date:
A�ent's Certific�rtion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of thc construction such that the construction was observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certifica[ion and Buffer Rules, [he approved plans and
specifications, and o[her suppor[ing materials.
Signature:
Engineer's Cerfifict�lion
Partial Final
�, , as a duly regis[ered Protessional Engineer in the State ofNorth
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee 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 Ce�tification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
S[nle oC Nonh Carolina Enrimnmen�al Qualily', Wa�er Rcsources
1617 Mail Service Center, Raleigh, Notlh Carolina 27699-06ll
Phone: [phone]