20131090 Ver 1_Approval Letter_20131011

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
John E. Skvarla, III
Secretary
October 11, 2013
Macon County
NCDWR Project No. 2013109C
Bridge 8 on SR 1001
State Project No. 1713P. 14.R.68
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. E.A. Green, P.E., Division Engineer
NCDOT, Division 14
253 Webster Road
Sylva, NC 28779
Dear Mr. Green:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 2 in Macon County:
Stream Impacts in the Little Tennessee River Basin
Site
Channel Relocation to Perennial
Stream (linear ft)
Temporary Impact to
Perennial Stream (linear ft)
Total Stream Impact
(linear ft
1
0
75
75
2
185
0
185
Total
185
75
260
Total Stream Impact for Project: 260 linear feet.
The project shall be constructed in accordance with your application received October 10, 2013. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 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 Watershed regulations. 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 project change, you must notify the NCDWR 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of 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 remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX. [phone]
Intemet: www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Nawrallb

Conditions of Certification:
1. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, and must be approved on site by NCDWR staff, prior to
diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an
entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should
include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. All stream banks shall be matted with coir fiber matting. Also, rip -
rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and any calculations used to determine the extent of rip -rap coverage requested. Once the stream
has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish
kills.
2. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
relocated stream segments. The monitoring shall be conducted annually for a minimum of 3 years after final
planting. After 3 years the NCDOT shall contact the NCDWR to schedule a site visit to "close out" the relocated
site to ensure the stream has obtained 185 linear feet of jurisdictional stream status.
3. 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 moratoriums) shall be a condition of this 401 Certification.
If the NCDOT does not wish to honor the moratorium, then a written modification shall be submitted.
4. Strict adherence to the most recent version of N.CDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
5. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
6. 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.
7. 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.
8. 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.
9. 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.
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
11. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the presence
of sulfide- bearing rock must be approved by the NCDWR.
12. 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.
13. 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.
14. 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.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.

16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
17. 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.
18. 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.
19. 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.
20. 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.
21. The Permittee shall report any violations of this cerfification to the Division of Water Resources within 24 hours of
discovery.
22. 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 NCDWR when all work
included in the 401 Certification has been completed.
23. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction.
24. 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.
25. 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 implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.

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 form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within 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 the hours of 8:OOam and 5: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 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: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 Rob Ridings at 919- 807 -6403.
Sincerely,
,r
Thomas A. Reeder
cc: Mark S. Davis, Division 14 Environmental Officer
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
NCDWR Asheville Regional Office
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