20040967 Ver 2_Approval Letter_20171023

Envira�meniul
Quality
ROY COOPER
Gm�rrnor
MICHAEL S. REGAN
cecrrrm�r
S. JAY ZIMMERMAN
r�;,����,o.
October 23, 2017
Henderson County
NCDWR Project No. 2004-0967vZ
Bridee 350 on Old Dana Road (SR1738)
State Project No. B-5929
APPROVAL of 401 WATER QUALITY CERTIFICATION wi[h ADDITIONAL CONDITIONS
Mr. Tom Wooten, Public Works Direcror
City of Hendersonville
305 William Street
Hendersomille, North Carolina 28792
Dear Mr. Wooten:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Henderson County:
Stream Imnacts in the French Broad River Basin
Pennanen[ Fill "Pem�rary Fill
in Perennial in Perennial Total Sfream
Site Stream Stream �mpuct
linear ft linear Pt) (��near ft)
til 0 0
S'_ 55 S�
Si 75 7�
TOTAL 55 75 130
Total Stream Impact for Project: I30 linear feef.
The projec[ shall be constructed in accordance with your application dated Seplember 25. 2017After reviewin�. your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4085.
This certification corzesponds to the Nationwide Pertnit 3issued by the Cotps of Engineers. In addi[ion, you should
acquire any other federal, sta[e or local permits before you proceed wi[h your project incl�ding (but not limi[ed [o)
Sediment and Erosion Control. Non-Discharge and Wa[er Supply Watershed reeulations. 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 projec[ change, you must no[ify [he NCDWR and submit a new application. Ifthe property is sold, the
new owner must be given a copy of this Certification and approval Ietter, and is thereby responsible for comptying
with all the conditions. If total wedand 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 (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
State of North Carolina � Lnvironmenml Queliry
1617 Mail Servire Center I Raleigh, North Cuolina 27699-I617

Condition(s) of Certification:
General Conditions
1. 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 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 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 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 permitted in waters of
the U.S., or protected riparian buffers. [15A 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
(�)(2)]
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 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.
[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)]
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. 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 certificatioa [15A NCAC 02H.0506(bx2)]
14. A copy of this Water Qualiry Certification shall be maintained on the consWction site at all times. In
addition, the Water Quality CeRification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-si[e project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) 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
certificatioa [ I SA NCAC 02H.0501 and .0502]
16. T'he 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, srormwater 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)]
1 S. Upon completion of the project (including any impacu at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to no[ify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(fl]
1. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project
by the end ofthe growing season following completion of construction. [15A NCAC 02B.0231(ax6)]
2. 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 d'vect impact
from road construction activities.[15A NCAC 02H.0506(bx3) and (c)(3)]
19. Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order [o
protect surface waters standards [15A NCAC 02H.0506(bx3) and (cx3]):
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 Carolrna Sediment and
Erosion Conrrol 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 Erosion Control Maxual. 7'he devices shall be maintained on all
conswction sites, borrow sites, and waste pile (spoil) projecu, 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.
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(bx3) and (cx3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition fortn from the office of Administrative hearings. You must file the petition
with the office of Administrative Heazings 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 through Friday between [he hours of S: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
Administrative 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 fa�ced 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. Bill F. I.ane, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
This 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 Joanne Steenhuis at [phone] or [e-mail].
Sincerely, �
/
V�'b.�. DI�.
S. ay Zimmerman, Director
Division of Water Resources
Electronic copy only dishibution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
David McHenry, Division 14 Environmental Officer
Mazla Chambers, NC Wildlife Resources Commission
Mark Davis, Vaughn & Melton
File Copy

Environmental
Quality
NCDWR Project No.:
ApplicanC
Project Name:
Date of Issuance of 401 Wa[er Quality Certifica[ion:
county:
ROY COOPER
r;��� �-�,�,,,
MICHAEL S. REGAN
Secrrr<vr
S. JAY ZIMMERMAN
t��r�-��r�„�
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent moditications, the applicant is required to return this certiticate to the 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-16I7. This form
may be returned ro NCDWR by the applicant, the applicanrs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicm�t's Certifrcnlion
I, , hereby state that, to [he bes[ of my abilities, due care and diligence
was used in the observa[ion of the construction such that the construction was observed [o be buil[ within substantial
compliance and intent of the 401 Water Quality CeniYication and Buffer Rules, the approved plans and
specifications, and other supportin� materials.
Signature: Date:
AgenPs Cenifrcatroir
1, , 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 in[en[ of [he 401 Water Quality Certification and Quffer Rules, die approved plans and
specifica�ions, and other supportin, materials.
Signature: Date:
Engi�ieer's Cerfifren/ion
Partial Final
�, , as a duly registered Professional En�ineer in the Sta[e of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby sta[e [hat, [o the best of my abili[ies, due care and diligence was used in the observation of the
construc[ion such Iha� [he construction was observed to be buil[ wi[hin su6stantial compliance and in[ent of [he 40I
Water Quality Certification and Buffer Rules, the approved plans and specifications. and other supporting materials.
Signature
Date
Registration No.
State ol North Camlina I Fnvironmental Qualin�
I617 Mail Stn�ice Cemer I Raleigh. North Camlina 27699-1617