20120911 Ver 1_Approval Letter_20121218

NCDENR
Beverly Eaves Perdue
Governor
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P E
Director
Dee Freeman
Secretary
December 18, 2012
Transylvania County
DWQ Project 20120911V 2
NCSR 1344 (Cashiers Valley Road)
Approval of 401 Water Quality Certification with Additional Conditions - Modification
Mr J B Setzer, P E
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina, 28779
Dear Mr Setzer
You have our approval, in accordance with the conditions listed below, for the following impacts in Brackens Creek, an
unnamed tributary of Brackens Creek, Graham Creek, six (6) unnamed tributaries of Graham Creek and Nicholson Creek,
for the purpose of widening and making improvements to NCSR 1344 (Cashiers Valley Road), in Transylvania County
Stream Impacts in the French Broad River Basin
Site
Permanent Fill
in Intermittent
Stream
(linear ft)
Temporary
Impacts in
Intermittent
Stream
inear ft
Permanent
Fill in
Perennial
Stream
linear ft
Temporary
Impacts in
Perennial
Stream
linear ft
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
linear ft
Site 1
0
0
0
70
70
0
Site 2
0
0
0
70
70
0
Site 3
0
0
10
105
115
0
Site 4
0
0
30
85
115
0
Site 5
0
0
0
80
80
0
Site 6
0
0
10
85
95
0
Site 7
0
0
20
85
105
0
Site 8
0
0
10
65
75
0
Site 9
0
0
10
80
90
0
Site 10
0
0
10
80
90
0
Total
0
1 0
1 100
1 805
905
1 0
Total Permanent Stream Impacts for Protect 100 lin ft Total Temporary Stream Impacts for Protect 805 linear ft
SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One
Location 2090 U S Highway 70 Swannanoa North Carolina 28778 NorthCarolma
Phone [phone] FAX [phone] a�
Internet www ncwaterquality org ; 1,]/aturallry
An Equal Opportunity � Affirmative Achon Employer

Mr J B Setzer, P E
December 18, 2012
Page Two
The project should be constructed in accordance with your application dated December 4, 2012 (received December 14,
2012), including the environmental commitments made in the application letter After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No 3820, corresponding to the U S
Army Corps of Engineers Nationwide Permit Number 14 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 Watershed regulations
This approval is valid solely for the purpose and design described in your application (unless modified below) Should
your project change, you must notify the DWQ and submit a new application If the 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 conditions If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and
(7) For this approval to be valid, you must follow the conditions listed in the attached certi f1c ation and any additional
conditions listed below
Condition(s) of Certification
1 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
Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project
3 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
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 Carolina 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
Sediment and Erosion Control Manual The devices 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 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 unplementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act
4 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 down stream of the above
structures The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features

Mr J B Setzer, P E
December 18, 2012
Page Three
encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required
This project has the potential to impact trout waters or other aquatic species of concern No construction activities
shall begin until the NCWRC makes a determination regarding moratoria Should the NCWRC determine that a
moratorium is applicable, then the requirements of any moratorium shall be a condition of this 401 Certification If
NCDOT does not wish to honor the moratorium, then a written modification shall be requested
For projects impacting waters classified by the NC Environmental Management Commission as Trout jr), High
Quality Waters (HQW), or Water Supply I or I1(WSI, WSII) stormwater shall be directed to vegetated buffer areas,
grass -lined ditches or other means appropriate to the site for the purpose of pre - treating storm water runoff prior to
discharging directly into streams Mowing of existing vegetated buffers is strongly discouraged
The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 4B 0124(a) -(e)] in areas draining to
(WS -I1, HQW and Trout) waters However, due to the size of the project, NC DOT shall not be required to meet 15A
NCAC 4B 0124(a) regarding the maximum amount of uncovered acres Temporary cover (wheat, millet, or similar
annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground
disturbing activities to provide erosion control
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas For
the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence, temporary sediment ditches, basins, etc Matting should be secured in place with staples,
stakes, or wherever possible, live stakes of native trees Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid, which can impinge and entrap small animals For the establishment of temporary
groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a
fertilizer- and limestone -free tank is allowable at the appropriate rate in conjunction with the erosion control
measures Discharging hydroseed mixtures and wood or cellulose mulch into surface
8 If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream
channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
9 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
10 The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining stream bank stability Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species
11 The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified Disturbed
floodplams and streams shall be restored to natural geomorphic conditions
12 Native riparian vegetation (e g rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction
13 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
14 Rip -rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage Bioengineering boulders or structures should be properly designed, sized and installed
15 Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream
16 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

Mr J B Setzer, P E
December 18, 2012
Page Four
17 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval
18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited
19 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
20 No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification
21 A copy of this Water Quality Certification shall be maintained on the construction site at all times In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on -site project manager
22 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
23 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
24 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 certification
25 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 NCDWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification
26 The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i a local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc
27 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 -hours of
discovery
28 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 NCDWQ when all
work included in the §401 Certification has been completed
Violations of any condition herein set forth may result in revocation of this Certification and may result in cruninal and/or
civil penalties This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit This Certification shall expire upon the expiration of the 404
or CAMA permit
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N C 27699 -6714 If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification Unless such demands are made, this Certification shall be final and binding

Mr J B Setzer, P E
December 18, 2012
Page Five
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have
any questions, please telephone Mr Mike Parker of the Asheville Regional Office at 828 296 4500
Sincerely,
4P" Charles Wakild, P E , hector
Division of Water Quality
Attachments
cc Lori Beckwith, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Ben DeWit, Roadside Environmental
Maria Chambers, NCWRC
Transportation- Permitting Unit
Asheville Regional Office
12 -0911 V 2 (Setter) NCSR 1344 Cashiers Valley Road