20181346 Ver 1_Approval Letter_20181031

NOR�I H CA^nO��INA
ROY COOPER Ertvfronmesta! Qua!!ry
�i4VMIM
MICHAEL S. REGAN
SP(fPf6�Y
LIN�A CULPEPPER
JrtlerYm 1Nreclar
October 3 I. ?018
Buncombe County
NCDWR Project No. 0181346
(Bridge 37 on SR2786 (Morgan
Hill Road)
TTIP Project No. 17BP.13.R.2
APPROVALot4Ul WATERQUALITYCERTIFICATIONwithADDITIONALCONDITIONS
Mr. Yates Allen, Division Environmental Specialist
NCDOT, Division 13
55 Orange Street
Asheville, North Carolina 2880?
Dear Mr. AIIen:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of bridee replacement in Buncombe County:
Stream Impacts m the l3roatl �tn�er Kasin
Permanent Fill Tem�rary Nill
in Perennial in Perennial
Total Stream
Site Stream Stream Im�ract
linear ft linear ft ��near ft)
SI 36 36
S2 43 43
S3 4� 45
S4 16 16
SS 23 23
S6 �0 20
TOTAL 118 6� 183
Total Stream Impact for Project• 183 linear feet.
The project shall be constructed in accordance with your application received October 5, ?018. Afler reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Nmnber
413g, This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition,
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North Carolina Department of Environmental Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Ca�olina 27699-1617
919707.9000

you should acquire any other federal, state or local pennits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Dischar_e and Water Supply Watershed re_ulations. This approval
will expire wi[h the accompanyin� 404 permit.
This approval is valid solely for [he purpose and desien described in your application (unless moditied below).
Should your project change, you must notify the NCDWR and submit a new application. If [he property is sold, the
nea� owner must be ;iven a copy of [his Certification and approval Iztter and is thereby responsible for complyine
with all the conditions. If total wedand tills for [his prqject (now or in the fu[ure) exceed one acre, or of total
inipacu to streams (now or in the future) esceed I50 linear feet, compensatory mitigation may be required as
described in I iA NCAC 3H .0506 (h) (6) and (7). For this approval ro remain valid. you must adhere ro the
conditions listed in the attached certitication(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Condi[ions
l. The pemiittee will need [o adhere ro all appropriate in-wa[er work mora[oria (indudin, the use of pile
drivin� or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water
work is permitted between Oc[ober I S and April I S of any Vear. without prior approval hom the NC
Division of Water Resources and the NC Wildlife Resources Commission.
In-stream work and land dis[urbance within [he 25_foot buffer zone are prohibited durin, [he trou[-
spawning season of October I S[hrough April I S to protect Ihe egg and fry staees of trout.
?. 'fhe NCDOT Division Environmental Ofticer or Environmental Assistant will conduc[ a pre-cons[ruction
meetin� 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 staffshall be invited ro
the pre-construction ineetine. [ISA NCAC 02H.0506(b)(2) and (b)(3)
General Conditions
Unless otherwise approved in this certification, placemen[ of culverts and o[her structures in open wa[ers
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 wlverts havino a diameter
less [han 48 inches.. to allow low Flow passa�e of water and aqua[ic 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 sVucturzs. The applicant is required to provide evidence that the
equilibrium is bein�, maintained if requested in wri[in� by NCDWR. If this condition is unable to be met
due �o bedrock or odier limitin, features encountered during construction, please contact NCDWR for
guidance on how to proceed and ro delerniine whether or not a permit moditica[ion will be required.
[I�A NCAC 02HA�06(b)(2)]
? If concrete is used durin� construction. a drv work area shall be maintained to prevent direct contact
between curine concrete and stream water. Water that inadvertentiv contacts uncured concrete shall
not be dischar,ed to surface waters due to the potential for elevated pH and possible aquatic life and
tish kills. [ I SA NCAC O�B.0200)
3. Durin� the construction ofthe project, no stasin� of equipment oFany kind is permitted in waters of
the U.S., or protacted riparian buffers. jlgA NCAC 02H.0506(b)(2)]
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Centei Raleigh, North Carolina 27699461 i
919.707.9000

4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Dis[urbed floodplains and streams shall be resrored [o natural geomorphic conditions. [ I�A NCAC
02 H.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
aqoatic life passage. [I SA 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 I SA NCAC 02H .0506 (b)(2) and
(�)(�)l
7. All work in or adjacen[ to s[ream wa[ers shall be conducted in a dry work area. Approved BMP
measures from the mos[ curren[ version of NCDOT Construction and Main[enance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excava[ion in Flowing watec [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operared from the banks rather than in the stream channel in order to
minimize sedimentation and reduce [he introduction of o[her pollu[ants into [he stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipmen[ operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic marerials.
[ISA NCAC 03H.0506(b)(3)]
10. No rock, sand or other materials shal I be dredged from the stream channel except where authorized by this
certification. [I�A NCAC 0?H.0506(b)(3)]
I I. Discharging hydroseed mixtures and washing ou[ hydroseeders and other equipment in or adjacen[ [o
surface waters is prohibited. [I.SA NCAC 02H.0506(b)(3)]
12. The permittee and i[s authorized agents shall conduct its ac[ivi[ies in a manner consisten[ wi[h Sta[e wa[er
qualiry standards (includin2 any requirements resultine from compliance with $303(d) ofthe Clean Water
Act) and any other appropriate requirements of S[a[e and Federal law. If the NCDWR de[ermines tha[
such standards or laws are not beine 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 reevaluare and modify this certification. [ISA NCAC 02B.0200]
Ii. All fill slopes located in lurisdictional wetlands shall 6e placed at slopes no Flatter than 3:1, unless
othenvise authorized by this certification. [ISA NCAC 03H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Wa[er Quality Certification and all subsequent modifications, if any, shall be maintained wi[h
the Division Engineer and the on-si[e projec[ manager. [IiA NCAC 02H .0507(c) and 1iA NCAC 02H
0506 (b)(2) and (c)(2)]
I5. The outside buffer, wetland or warer boundary located within [he construction corridor approved by Ihis
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. tmpacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [I SA NCAC 02H.OSOI and .0902]
16. The issuance of this certification does not exempt the Permittee from complying with any and all stamtes,
rules, reeulations, or ordinances that may be imposed by other ;ovemment a�encies (i.e. local, state, and
North Carolina Departmen[ of Environmen[al Quality I Division of Water Resources
512 North Salisbury Street I 16ll Mail Service Center I Raleigh, North Carolina 27699-1617
919.7D7.9000

federal) havina jurisdictio�, including but not limited ro applicable buffer rules, srorm�a�ater management
rules, soil erosion and sedimentation con[roI requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources within
24 hours of discovery. [ I SA NCAC 028A>06(b)(2)]
18. Upon completion of the project � includine an} impacts at associated borrow or waste sites). the NCDOT
Division Engineer shall comple[e and retum [he enclosed "Certihcation of Comple[ion Fomi" to notify
the NCDWR when aIl work included in the 401 Certification has been comple[ed. [ISA NCAC
02 H.0502( t)]
19. There shall be no excavation from. or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should wasre or borrow sites. or access roads to waste
or borrow sites, be located in wedands or sveams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[ISA NCAC 02H.0506(b)(3) and (c)(3)�
20. Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, ins[allation and opera[ion and main[enance of such Best Manaeement Practices in order ro
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 desiened, installed. operated.
and maintained in accordance with the most recent version of the Nord� Carnlrnu Sedinren� nnd
Ero.sinn Conrro! Plnmiing nnd Dcsi�n Munanl.
b. The design, ins[allation, opera[ion. and maintenance of the sedimen[ and erosion control measures
mus[ be such that they equal, or exceed, [he requirements specitied in [he most recent version of Ihe
Nor�h Curolu�a Sediment und Erosion Con�rn! Mmnriil. The devices shall bc maintained on all
construction sites, borrow si[es, 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 aceordance with the most recen[ version of the Norrh Carolin<r Surjuce
tilining A4anvnl.
d. The reclamation measures and implemen[ation must comply wi[h the reclamation in accordance
with the requirements ofthe Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must tile a pe[ition for an administrative
hearing. You may obtain tlie petition form from the office of Administra[ive hearings. You must file the petition
wiCh [he office of Administrative Hearin�s within sixty (60) days of receipt of [his no[ice. A petition is considere�
filed when it is received in the office of Administrative Hearings durine nurmal office hours. The Office of
Administrative Hearings accepts filings Monday [hrou,h Friday 6etween Ihe hours of S:OOam and S:OOpm, except
for ofticial state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearin�s.
The petition may be fased-provided the orieinal and one cupy of the docmnent is received by the Office of
Administra[ive Hearings within five (5) business days following Ihe faxed transmission.
The mailine address for the Office of Administrative Hearinos is:
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North Carolina Department of Environmental Quality I Division of Wa[er Resomces
512 North Salisbury Street � 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919J07.9000

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:
Mc 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 ques[ions, please contact Kevin Bamett at [phone] or kevin.barnett@ncdencgov.
Sincerely,
ti� �� p,a
0�/
Lin a Culpepper, [nte im Director +
Division of Warer Resources
Electronic copy only dis[ribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy
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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
� _

ROY COOPER
Guvcma
MICHAEL S. REGAN
Srartar y
UNDA CULPEPPER
lrtterlm (Arcttor
NDRTH CAROiINA
Envlronmenral Qna!►ty
NCDWR Project No.:
4pplicant:
Project Name:
Coun[v:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon comple[ion of all work approved widiin [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certifica[e to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources. 1617 Mail Service Center. Raleigh, NC. ?7699-16U. This form
may be returned to NCDW R by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
,9pplicmtPs Cerlificnliort
�, , hereby stare that, to the best of my abilities, due care and dilieence
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 Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenPs Certifrculion
�, , hereby state that, to Hie 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 ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and o[her supporting materials.
Signature: Dare:
EngiieeePs Cerlifrcatio�r
Partial Final
1, , as a duly regisrered Professional Engineer in the State of North
Carolina, havine been authorized to observe (periodically, weekly. full time) the construction of the project for the
Permittee hereby stare 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 Qualiry Certification and Bufler Rules, the approved plans and specitications, and other supporting materials.
Signa[ure
Date
Reeistration No.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Sireet I 1617 Mail Service Center I Raleigh, North Carolina 27699461 i
919707.9000