20140145 Ver 1_Approval Letter_20140206

LTIFAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 6, 2014
Avery County
Bridge No. 96 on SR 1 137
NCDWR Project No. 20140145
Approval of 401 Water Quality Certification with Additional Conditions
Mr. Michael Pettyjohn, P.E.
Division 11 Engineer
North Carolina Department of Transportation
Post Office Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the conditions listed below, for the following impacts to Birchfield
Creek for the replacing Bridge No. 96 on SR 1 137 in Avery County.
Stream Impacts in the French Broad River Basin
Site
Permanent Fill
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
in Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
ft)
Mitigation
(linear ft)
S1
0
0
54
41
95
0
Total
0
1 0
54
41
95
0
Total Stream Impacts for Project: 95 linear ft.
The project shall be constructed in accordance with your application dated received February 11, 2014 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 Number 3886, 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 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: 919 - 807 -63001 FAX. 919 - 807 -6492
Internet. www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
;Vaturall'y

Condition(s) of Certification:
Project Specific Conditions
1. Strict adherence to the most recent version of NCDOT'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.
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 the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
3. 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.
4. Riprap 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.
5. For the 41 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species
6. 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 the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species.
7. 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(s) 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.
General Conditions
1. 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.
2. 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.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.

4. 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.
5. 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.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
7. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
8. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
9. 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.
10. 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.
11. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
12. 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.
13. 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. -
14. 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.
Violations of any conditions herein set forth may result in revocation of this Certification and may result in
criminal and /or civil penalties. This Certification shall become null and void unless the above conditions are
made condition 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 form of 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, NC 27699 -6714. If modification 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.
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 telephone Mrs. Amy Chapman of the Raleigh Central Office at 919- 707 -8784.

Sincerely,
Dv�
Thomas A. Reeder
Attachments
cc: Heath Slaughter, Division 11, DEO (electronic copy)
Neil Trivette, Roadside Environmental
Marla Chamber, NCWRC (electronic copy)
Winston -Salem Regional Office (electronic copy)
File Copy