20181068 Ver 1_Approval Letter_20180815

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NOR1H CAROLINA
ROY COdPER Environmenm! Quarrry
GpVI"TM
MICHAEL S. REGAN
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LINDA CULPEPPER
�Rrerirt, aureno.
Au_ust 15, Z018
Jackson County
NCDWR ProjectNo.20181068
Bridge 27 on US 23 Business
State Project No. 48037.1.1
APPROVAL of a01 WATER QUAWTY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Patrick J. Breedlove Environmental Specialist
NCDOT. Division 14
25i Webster Road
Sylva. Nonh Carolina 2R779
Dear Mr. Breedlove:
You have our approval, in accordance with the conditions lisred below, for the following impacts for the purpose of
bridge replacement in Jackson County:
Stream Impacls in thc Little Tennessee River Basin
Permanent Fill �fem�ran� Fill
in PerenniAl in Pcrennial
"fo�al Stream
Sitc Stream Stream �mpact
linear ft linear ft (linear fi)
I I "_'0 I'0
�3 15 Ji
� 70 70
�tal 0 29S 36S
Tutal Stream Impacl for Projecl: 3651inear feet.
The project shall be constructed in accordance with your application received August 3, 2018 After reviewing your
applica[ion, we have decided that these impacts are covered by General Water Quality Certitication Number 4132.
This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In addition, 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 Wa[ershed re�ulations. This approval will expire
with the accompanyine 404 permi[.
This approval is valid solely for the purpose and desien described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe property is sold, the
,:�.,..:_.� Q�,�'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699�1617
919.707.9000

new owner must be given a copy of this Cznitication and approval letter, and is therehv responsible for complying
with all the condi[ions. If total wedand fills for this project Inow or in [he fumre) exceed one acre, or of to[al
impacts to streams (now or in the future� escced I i0 linear feet, compensatory mitigation may be required as
described in I>A NCAC 2H .Oi06Ih) (6) and (7Por this approval to remain valid, you nms� adhere to the condi[ions
listed in the attached cenification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Condifions
L The permittee will need to adhere [o all appropriare in-�vater �cork moratoria (including the use of pile
driving or vibration techniques) prescribcd by the NC Wildlife Resources Commission. No in-water
work is permitted between October I� and April I> of any year, wi[huut prior approval from the NC
Division of Water Resources and the NC W ildlife Resources Commission.
In-stream work and land disturbance within the 2�-foot butler zone are prohibited during the trout-
spawnin'� season of October 15 throu�h April I S to prolect the t_1 and fry stages of trout.
2. The NCDOT Division Environmental OFficcr or Environmental Assisl•ant will conduct a pre-canstruction
meeting with all appropriare statito ensure that the project supervisor and essential staff understand the
potential issues with siream and pipe alignment at ihe permitted site. NCDWR staffshall be invited to
[he pre-construction meeting. [I�A NCAC 02HA�06(b)(2� and (b)(3)
General Condi�ions
Unless otherwise approvcd in this certitication. 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 culvrrts with a
diametcr ereater than =l8 inches, a�d 20 percent of the culvert Jizmeter for cidvens havine a diameter
less than 4R inches, to allow low flo�o� passa,e ol'water and aquatic life. Desi�n and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner Ihat may result in dis-equilibriwn of wedands or sn�eambeds or banks, adjacent to or upstream
and doH�nstream of[he abovc structures.'I'he applicant is reyuired to provide evidence that the
equilibrium is bein� maintained if requested in wri[in�_ by NCDWR. If this condition is unable ro be met
due to bedrock or other limi�ine feawres encountercd during construction, please contact NCDW R for
�oidance on how to proceed and to determine whether or nut a perniit modification will be required.
[15A NCAC 02H.0>061b)(3)]
If concrete is used during construction, a dr} work area shall be maintained to prevent direct contact
be[ween curing concrete and stream water. Wurer that inadvertently contacts uncured concrete shall
not be dischar,ed to surface waters due to the putential for elevated pH and possible aqua[ic life and
fish kills. (1�A NCAC 02B.0300]
During [he cons[ruction of the project, no stagin!, of equipment of any kind is permitled in wa[ers of
the U.S., or pmtected riparian buffers. � I iA NCAC 02H.0506(hq2�]
4. The dimension, pattem and profile of the stream above and beluH [he crossina shall not be modified.
Disturbed floodplains and streams shall be restored [o natural ;eomorphic conditions. � 1�A NCAC
02H.0506(b)( �)]
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North Carolina Department of Environmental Quality I Drvision of Water Resources
512 North Salisbury Stree[ � 1617 Mail Service Center I Raleigh. North Carolina 27699-16ll
919707.9000
�—

5. The use of rip-rap above tlie Normal Hi�h Wa[er 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 lite passage. [ISA NCAC 02H.Oi06(b)(2)�
6. The Permittee shall ensure that [he final design draµ ines adhere to the permit and to the permit
drawings submitted for approvaL � I SA NCAC 02H .05p7(c) and I iA NCAC 0?H .Oi06 (b)(2) and
(�)(�)l
7. All work in or adjacent to stream waters shall be conducred in a dry work area. Approved BMP
measures from the most curtent version of NCDOT Construc[ion and Main[enance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used [o prevent
escavation in flowin� watec [I�A 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[roduc[ion of other pollutants into the stream. [I SA NCAC
02 H.O506( b )(3 )]
9. All mechanized equipmen[ operated near surface warers must be re�_ularly inspected and maintained to
prevent contamination of stream warers from fuels, lubrican[s, hydraulic Fluids, or other toxic materials.
[15A NCAC 0?H.0�06(b)(3)]
10. No rock, sand or other materials shall be dred�ed from the stream channel except where authorized by this
certification. [ISA NCAC 02H.0506(b)(3)]
1 I. Diccharging hydroseed mi�tures and washing ou[ hydroseeders and other equipmen[ in or adjacent to
surface waters is prohi6i[ed. [ISA NCAC 02H.0506(b)(3)]
I?. The permi[tee and its authorized agents shall conduct its ac[ivities in 2 manner consisten[ wi[h S[ate water
quality s[andards (including any requirements resultine Bom compliance with j303(d) ofthe Clean Wa[er
Act) and am u[her appropriate requirements of State and Federal law. If the NCDWR determines that
such standxrds or laws are no[ being me� (including the failure ro sustain a designated or achieved use) or
[hat State or Pederal law is being violated, or that further conditions are necessary to assure compliance,
[he NCDWR may reevalua[e and modif}- this cenifica[ion. j I>A NCAC 026.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no fla[ter than 3:1, unless
otherwise authorized by this certifica[ion. [I SA NCAC 02H.0506(b)(2)]
14. A copy of [his Water Quality Certitica[ion shall be main[ained on the construction sire at all times. In
addition, the WaterQuality Certification and all subsequent modifications, ifany, shall be maintained with
the Division En�ineer and [he on-site project manager. [ISA NCAC O�H .0507(c) and ISA NCAC 02H
0506 (b)(3) and (c)(2)]
I5. The outsidz buffer, weUand or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior [o any land disturbing
ac[ivities. Impacts to areas within the fencin�, are prohibi[ed unless o[herwise authorized by this
certitication. [ I SA NCAC 02H.0501 and .0502]
16. The issuance of this certihcation does not esempt the Permitree from complying with any and all stamres,
rules, regulations, or ordinances that may be imposed by other �overnment agencies (i.e. local, state, and
federal) havingjurisdiction, includin� but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
�.�� Q�,�
North Carolina Department of Environmen[al Quahty I Drvision of Water Resources
512 North Salisbury Street I 1617 Mail Se�vice Center I Raleigh, North Carolina 27699-1617
919707.9000

17. The Permittee shall report any violations of this certitication to Ihe Division of Wa[er Resources wi[hin
24 hours o(discoverv. � I�A NCAC 0'_B.0506(b)(3)]
I8. Upon completion of the pr�ject (includine any impacts at associated borrow or wasie sites), the NCDOT
Division Eneineer shall complete and return the enclosed "Certitication of Completion Forni" to notit)
the NCDWR when all work included in the 401 Certification has been completed. [ISA NCAC
02 H.05021 f)]
19. There shall be no eacavation from. or wasre disposal into, jurisdictional wetlands or wa[ers 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 mitisation will be required since that is
a direct impact tiom road construction ac[ivi[ies.[ 15A NCAC OZH.0506(b)(3) and (c)(3)]
20. Erosion and sediment control practices must be in full compliance with all specitications governing [he
proper desi�n, ins[allation and opera�ion and maintenance of such I3est Mana,ement Prac[ices in order to
protec[ surface waters standards �I SA NCAC 02F1.0506(b)(3) end (c)(3J):
a. The crosion and sedimcnt control measures for the projec� must be desiQned, installed. operated.
and maintained in accordance with die most recent version of the NorN� Cm�olii�u Sedimerir mv�f
Ero.rion Cnnrrnl Pln��ning �ind De.siKn 1lanaeel.
b. The desi�n. installation, operation. and maintenance ofthe sediment and erosion control measures
must be such that they eyual, or exceed. the requirements specitied in the most recent version of [he
Nurlh Corulrnn Sr�firneni und Ero.cinn ('nmrn! .Ma�aml. The devices shall be mainmined on all
construction si[es, borrow sites. and wast� pile (spoil) projects. includine contractor-owned or leased
borrow pits associa�ed with the project.
c For borrow pi[ sites. the erosion and sediment control measures mus[ be desi;ned, installed,
operated, and maintained in accordance with the most recen[ version ofthe North Cnrolino.Sea�%ace
MiitinQ hla�vtml.
d. The reclamation measures and implementation must comply with the reclamation in accordance
wi[h the reyuirements of [he Sedimen[ation Pollu[ion Con[rol Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless o[herwise
approved by this Certitication. [ I iA NCAC 02F�.0506(b)(3) and (c)(3)]
If you wish ro contes[ any statement in the attached Certification you must tile a pctition for an administrative
hearing. You may ob[ain the petition form from the officc of Administrative hearin�s. You musl tile lhe petition
wi[h the office of Administrative Hearin_s within si�ty (60) days of receipt of [his notice. A petiti0n is cOnsidf�2d
filed when it is received in the oflice of Administrative Hearines during norntal otlice hours. The Otlice ot
Administrative Hearings accepts filings Monday Ihrou�h Friday betwzen the hours of 8:OOam and 9;pOpm, except
for official s[a[e holidays. The ori_inal and one ( I) copy ol the petition must be filed with the Oflice of
Administrative Hearin,s.
The petition may be fased-provided the ori;inal and one copy of [he document is received by the Office of
Administrative Hearings wiUiin tive (>) business Jays following the fased transmission.
The mailine address for the Otlice of' Administrative Hearines is:
Otiice of Adminisvative Hearings
671d Mail Service Center
Raleieh, NC 27699-671d
Telephone: (9I9) 4� I-3000, Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh. North Carolina 27699-161 i
919]07.9000
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Mr. Bill F. Lane, 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 the Clean Water Act. If you
have any qoestions, please contact Kevin Bamett at [phone] or [e-mail].
S' cerely,� �
C �- °� �
Linda ulpepp�nterim Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler US Arnry Corps of Engineers. Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy
North Caroiina Department of Environmental Quality � Division of Wa[er Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
C[WTtM
MICHAEL 5. REGAN
Se«rrary
LINDA CULPEPPER
lrttertm Dirrcra
NCDWR Pruject No.:
Applicant:
Project Name:
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NORT H CARO�LINA
EnWronmenro7 Qnallty
County:
Date of Issuance of 401 Wa[er Qualih CertiLcation:
Certificate of Comple[ion
Upon completion of all work approved within the 401 We[er Quality Certification or applicablz Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certilicate to the 401 Transporta[ion Permittin,
UniL North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC. ?7699-1617. This form
may be retumed to NCDWR by the applicant. the applicant's authorized agent, or the project engineer. It is not
necessary ro send certificates from all of these.
,4pplicattPs Cerlificnfion
I, . hereby state that, to the 6est of my abilities, due care and diligence
was used in the observation of the consvuction such that the construction was observed to be built within substantial
compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportino materials.
Sienature: Da[e:
Agent's Cerlificarion
L , hereby state [hat, to the best of my abilities, due care and dili�;ence
was used in the observation of the construction such that the constructian was observed to be built within substantial
compliance and in[ent of the d01 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and other suppurting inaterials.
Sianature: Date:
Engineer's Cerlificn�ion
Partial Final
I, , as a duly registered Professional F.ngineer in [he State of North
Carolina, havine been authorized to observe (periodically, weekly. Full time) the construction of the project for the
Permittee hereby state that, ro the best of my abilities, duz care and dili��ence was used in the observation of the
construction such that the consVuction was observed Io be built within substantial compliance and inten[ of the 401
Water Quality Certification and Butl�er Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Reeistration No.
North Carolina Department of Environmental Qualiry i Orvision of Water Resources
512 North SaliSbury Street I 1617 Mail Service Center I Raleigh. NORh Carolina 27699-1617
919]07.9000
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