20150216 Ver 1_Approval Letter_20160624

Water Resources
ENVIRONMENTAL �UALITV
PAT MCCRURY
DONALD R. VAN I�ER VAAR"1'
ti. JAY `I.IMMERMAN
June 24, 2016
Jackson County
NCDWR Pr��jeci No. 2�15-0215v.2
Cope Creek Roar.l
TIP Project No. R-5206
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mark S. Davis, 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 impacts for the purpose of
road improvements in Jackson County:
Stream Im acts in the Little 'I'ennessee K�ver lfasm
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact
(iinear it) (linear ft) � (iinear ft)
Sl 6n 60
SIA r I50 --- I�U --- I
� ---- -- --- -- -- - - --- ----
S2 85 �5
S2B 160 160
S3 19 19
S3A 75 75
S4 0 �
S4P. 50 5�
SS 277 277
SSA 300 300
164 1012 1176
Total
Total Stream Impact tor rro�ect: ii ib �mear teet.
The project shall be constructed in accordance with your application dated May 25, 20 i 6 After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This cert:fica±ion c�rresponds to the Nationw�de Permit 14 issuPd by the Corps of Engineers. In additien, 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 a�proval is valid solely :or the purpose and design described in your application (unless modified below).
Shoal� yoa: pru�e�t chai�g;, ;�eu .;��:si r.o�ify the'�CD��'R ar:d sabin:t 3::e�'i ap�;iicaticr,. ►f t'�e ;:rop:r*; is so'�, th:
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 wetland fills for this project (now or in the future) exceecl one acre, or of total
itnpacts to stre�.ms (now or in thv fatu�•e j ex�e:,d 150 linear fcet, compensatory mit�gation may h� required as
described :n I SA NCAC 2H .0506 (h) (5 j a��d (7}. For this a�nrovai to rem2in valid, you m.�st adihere to Yl?e
State of NorU: Caroiira ILnviromnenla! �iality I�;��ter Resources
i6i7 �iail Service Center, Rafeigh, Nerth Carolina 27699-toi7
phn�e 913-80.''-630u

conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certiiication:
General Conditions
1. Unless otherwise approved i.n this certificat:on, placenzent of c�.�lverts and other structures in open waters
and s+seams snali be placed below the elevation of ihe streambed by one feot for a11 culverts v��ith 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 %r
guidance on how to proceed and to determine v�hether 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 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 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is pernutted in waters of
the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. T'he 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. '�'he use of ri�-rap above tl�e Ncrma! T?i� ��V3ter Mark shall ?�� mir.imize�. Any rin-rap pla�e� f�c
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [ 15A NCA� 02H.0506(b)(2 j]
6. The Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit
drawings submitted for approval. �15A NCAC U2H .OSU7(c) and 15A NCAC 02H .0506 (b)(2j and
(�)(2)l
7. All work in or adjacent to sheam waters shall be conducte� in a diy work area. Approved BMP
m�zsures from tY�.e m�st current version of NCDOT Constraction 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 in_troduction 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. hTo 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 hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. T,ie permittee and its a�athorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliar.ce vvith §303(d) ofthe Clean Water
Actj �ud any other appropriate requiremznts of State and Fed�ral 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
thai Staie 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 Waie: Quality Certifieat:on shall be maintained on ±he constructior_ sit� at all times. In
addition, tne V�%ater Quality Certification and a11 snbsequent modinaations, if any, shall be maintained v✓ith
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) ar.d (,c)(2)]
15. The outside buffer, wetland or water boundary l�cated within the construction corridor approved by this
authoriza�ion 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 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.
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 return 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( fl]
19. There shall be no �xcavation from; or wastQ dicpo�al into; jivisdictional wetlands or waters associated
w?th t�is ���it :vi±h��1t 2p�z'�p:'18*� 1i10�1f1Cc1t10�1. S}lO�a1_d waste or horrew si�es, or a�ctiss roa�1s te ��as�e
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct 'vnpact frcm road canstniction activities.[1�A 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 Yractices in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sed'unent control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recert version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. T'he design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements speci£'ted in the most recent version of the
North Carolina Sediment and Erosion Control Manual. Tne deaices 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 borrovv 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 Caroiina 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 erosicn control measures shall not be placed in wetlands or waters unless otherwise
approved by this �,ertificaii�n. [15� N�.:AC, 02H.O�Uti(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
heari�-�g. Yoa may c�bta:n the petition form from trie office uf Adt�inistrative t;earir.gs. Y�u must file the petitior_
tivith tnz offcP ryf_Adminisrative tiearings within sixty (50) c?ays of retieipt of this not?ce. A�etition is considerzd
filed wher. it is rec�iv�d in the office of A�ministrative Hearings dureng normal off ce hours. The Oifice of
Administrative ;dearir�as accepts tilings i�londay tlu•ough Frida� between the 1_-iours of 8:OOam and S:OQpm, except

for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faa�ed-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 mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], 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
T'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
Sincerely,
(�`�""" `.."'��2�
S. J'ay Zimmerman, Director
Division of Water Resources
i lectronic co�Y only ��iis±r�ba�i�a:
Lnri Beckwith, T1S Army Carps of Engineers; Asheville Field Of_fice
Mdrla Chambers, NC Wildlife Resources Commission
File Copy

;,
Water Resources
ENVIRONMENTAL �UALITY
NCDV1-'R Project No.:
Applicant:
Project Name:
Date of Issuance of 401 i�Vater Quality Certification:
COUIIt)':
PA"I� MCCRURI'
I)ONAL[) R. VAN [)F,R VAAR'I'
S_ JAY 'I,IMMI�:RMAN
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 Permittin�
Unit, North Carolina Uivision of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. T'his fonn
may be returnzd ta NCDV6'R by the applicant, th:, aN�licant's autharized agent, or the pra�ect engi.^�eer. It is not
necessary to send certificates from all of these.
Applicant's Certification
[, , 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 Rules, the approved plans and
specifications, and other supporting materials.
Signatui e: Date:
, ;gent's Ce; t frcatic7
I, , hereb� state that, to the best of my ab:lities, due care and dilibence
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 Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certifrcation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
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 Certification and Buffer Rules, the approved p�ans and specifications, and other supporting materials.
Signature Registration No.
Date
State of North Caroiin� I�nvirenmPnial Qualiq� I, W ater kesources
1617 Mail Service Center, Raleigh, PJo1h Carolira 2i699- iEi 7
?ne�e G?9-50�-E30G