20201371 Ver 1_EBCI 401 for A-0009C_scan_garysnee_2021-12-14-09-13-03_20211216

Eastern Band of Cherokee Indians (EBCI)
Water Quality Office (WQO)

Mailing address:Physical address:
P.O.Box 1925 Water Quality Office
Cherokee,NC 28719 2000 Old #4 Road
Phone [phone] Cherokee,NC 29719
401 Water Quality Certification
Grant with Special Condition
Applicant:NC Department of Transportation Issued:10/25/2021
Pursuant to CWA Section 401 (33 U.S.C.1251,1341),the Eastern Band of Cherokee Indians (EBCI)is
required to certify whether the activity described below will notviolate applicable water quality
standards.Accordingly,The EBCI Water Quality Office (WQO)requires reasonable assurance that the
activity will not violate provisions of EBCI Water Quality Standards,Administrative Procedure Act,
Cherokee Code,Chapter 150,provisions of EBCI Fish &Game Regulations and Guidelines,and other
EBCI water protection provisions,law or regulations.
The Eastern Band of Cherokee Indians Water Quality Office (WQO)issues this letter to serve as
notification of water quality certification as required for the road construction/upgrades to NC 143 from
SR 1223 to 0.5 miles north of the Appalachian Trail,Graham County NC.
Based on information submitted as part of the application for a 401 Water Quality Certification,followed
by a Technical Review,the EBCI Water Quality Office and EBCI Fish &Game Office has concludedthat
special conditions are required.The logging road at Bowman Lane should not be accessed by equipment
atany time.This logging road is located in a wetland that contains waters with macroinvertebrates,
indicating pristine habitat,and must not be compromised.
Therefore,the EBCI WQO isissuing this grant with special condition of 401 Certification,also subject
to the 401 General Conditions attached.This certification is issued to the NC DOT for the road
construction/upgrades to NC 143 from SR 1223 to 0.5 miles north of the Appalachian Trail,Graham
County NC.
I,Aaron Ducker grant with special and general conditions CWA 401 Water Quality Certification
to the NC DOT for road construction.
Signed
Van LOA,
Cc:Mr.Michael Bolt,Water Quality Supervisor
EBCI Water Quality Office
[phone]
EBCI401 CERTIFICATION GENERAL CONDITIONS.
1.Measures shall be taken to prevent or control spills of fuels,lubricants or other toxic
materials used in construction from entering the watercourse.
2.All dredged material shall be removed to an upland location and/or graded on adjacent
areas (so long as such areas are not regulated wetlands),to obtain original streamside
elevations,i.e.overbank flooding shall notbe artificially obstructed.
3.Inareas not riprapped or otherwise stabilized,revegetation of stream banks and
riparian zones shall occur concurrently with project progression.At a minimum,
revegetation will approximate pre-disturbance conditions.
4.To the maximum extent practicable,all instream work under thiscertification shall be
performed during low flow.
5.Heavy equipment,e.g.bulldozers,backhoes,draglines,etc.,if required for this project,
should not be used or operated within the stream channel. In those instances where
such instream workis unavoidable,then it shall be performed in such a manner and
duration as to minimize suspension of sediments and disturbance to substrates and
bank or riparian vegetation.
6.Any fill or riprap including refuse fill,shall be of such composition that it will not
adversely affect the biological,chemical or physical properties of the receiving waters
and/or cause violations of water quality standards.If riprap is utilized,it is to be of
such weight and size that bank stress or slump conditions will not be created because
of its placement.
7.If there are water supply intakes located downstream that may be affected by increased
turbidity and suspended solids,the permittee shall notify the operator when workwill
be done.
8.Removal of existing riparian vegetation should be restricted to the minimum necessary
for project construction.
9.Should evidence of stream pollution or jurisdictional wetland impairment and/or
violations of water quality standards occur as a result of this activity (either from a
spill or other forms of water pollution),the EBCI Water Quality Section shall be
notified immediately by calling 828-359-6772.
*EBCI Water Quality Standards are incorporated as Section 113E of the Cherokee Code.
EBCI Water Quality Office
[phone]