20141246 Ver 1_Approval Letter_20141222

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North Carolina Department o,f Environment and NatUral Resouirces
JohnE Skvad�U|
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Governor Secretary
Dcuo`0)cr22, 2014
MhoboN County
lNCQWR Project No. 2Vl4-l346
Bridge 84 oil SP124O
State Project 1 78l\13.8Ll)|
APPROVAL oy401WATER QUALITV CERTIFICATION with ADDITIONAL CONDITIONS
J.J. Swain, ]r`P.C.,Division Engineer
NCD()T, Division \3
North Carolina Department of Transporlation
55 Orange Street
Asheville, North Carolina 2880|
Dear Mr. Svvmo:
You have our approval, iu accordance with the conditions listed below, for the following hnpuut for tile
purpose of road widening in Mitchell County:
Type of Impact
Amount Approved
Amount Approved
Temporary
Permanent
Site I - Streani
8 (li li�ar feet)
__�O (linear feet)
Total @Hreoo/ Impact for Project: 8 linear feet.
Total Temporary Stream Impacts: 70 linear feet.
The project uhuMheoonytruotcdinuuoo,dunoend(hyovrapp|icuhon. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification NUrnber 3886.
This certification corresponds totile Nationwide Pemnit 14 issued by the Corps ofEngineers. In
addition, YOU ShOUld acquire any other federal, state or- local pernnits before you proceed With Your project
including (but not limited to) 8cdinnemiand Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This approval will expire with the ncoompaoying 404pemmk.
This approval is valid solely for Who purpose and design described in Your application (Unless modified
below). 8bouN Your project dhomge, you mwm1 notify the N[DVY8 and sohmbm new application, If the
property is sold, the new nn'o#rnmumt6e given n copy nf this Certification and approval letter, and im .
thereby rcypmoeih|n for- complying with all the conditions. If total vvx{\ond 0|u for this project (now mr m
the future) exceed one acne, or- of total irnpacts to strearns (now or in the future) exceed 150 linear feet,
cornpensatory mitigation inay be required as described in 15A NCAC 214 0506 (11) (6) and (7). For this
approval <onomuin valid, you mustadheretothe conditions listed io tile attached ucdificmTiou(m) and any
additional conditions listed below.
Conditions uyCertification:
Transportatlion and
1m7 Mail Service Center, Raleigh, Nolh Carolina 278�-1617
Localiow 2 N. Saisk St Raleigh, NodhCardina 27604
One
NorthCarofina
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General Conditions
l. Unless otherwise approved in this certification, placement o[ culverts and other structures inopen
waters and streams shall be placed below the elevation uf the mNenmhodhv one foot for all culverts
with o diameter greater than 48 inches, and 2O percent uf 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 nfculverts and other atruotvrom including temporary erosion control meuoun,w ohoi| not
be conducted in a manner that may result in dis-equilibriurn of wetlands or strearnbeds or banks,
adjacent to or upstream and downstream of tile above strUCtUres. The applicant is required to
provide evidence that tile equilibrium iy being maintained if requested in writing by the NCI}VVR.
If this condition is unable to be rnet due to bedrock or other limiting features encountered during
cunmt,uotiou, p|000e contact tile NCDWK for guidance oil ]low to yvmoced and to determine whu\&s[
or not o permit modification will be required.
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct
contact between curing concrete and e1ceamwater. Water that inadvertently contacts Uncured
concrete shall not hrdischarged to surface waters due 10 the potential for elevated pBand
possible aquatic life and §mb kills.
3. During the Construction Vfthe project, no staging o[ equipment of any kind is permitted in waters
nf tile KS.,or protected riparian buffers.
4. 'f lie dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and strearns shall be restored to natural geomorphic conditions.,
S. The use o[rip-rap above the Nnnmw| High Water Mark uhuK) he minimized. Any rip-rap placed
for strearn stabi I ization shall be placed in stream channels in Such a manner that it does not
[mnpodc aquatic life passage.
6. The Pert-nittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval,
7. All work in or adjacent to stream notcra ybot| be conducted imu dry work area. Approved 8MP
measures from the most current version of tile NCDOT Construction and Maintenance Activities
manual such as sandbags, rock berms, cofferdams and other diversion Structures shall be used to
prevent excavation iu flowing water.
R. Heavy equipment shall he operated fiom the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction mf other pollutants into the stream.
9. All mechanized equipment operated oonr mvrtbcc waters muxt be n:gu|udy inspected and
maintained to prevent contamination of stream waters from fuels, |ubdouutu~ hydraulic fluids, or
other toxic materials.
lV. No rock, sand or other materials shall be dredged frorn tile stream channel except where authorized
kw this certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment inmadjacent
tn surface waters impnobihited.
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting frorn compliance with §303(d) of the
Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDW8
determines that such standards or |un'x are not being ooe{ (including \hc [uUun: to sustain n

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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification..
14. 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.
15. 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.
16. The issuance of this certification does not exempt the Permittee fi-om 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.
17. The Permittee shall report any violations of this certification to the Division of Water Resources
within 24 hours of discovery.
18. 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 the NCDWR when all work included in the 401 Certification has been completed.
19. 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.
20. 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.
21. 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
&,climent and Erosion (7ontrol Planning and Design Manifell.
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
,S'udr ice Mining Manual.
cl. The reclamation measures and implementation Must C0111ply with the reclamation in
accordance with the requirements of tile Sedimentation Pollution Control Act.
22. 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 :00am and 5:OOpm, except for official state
G: \WR \WQ\ Mitchel l \401s \DOT\Certifications\A purl .l4- 1246.SR13491 docxholidays. The original and
one (i) 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 Kevin Barnett at 828- 296 -4657 or
kevin.bal °[e-mail].
Sincerely,
Thomas A. Reeder, Director
Division of Water resources
cc: Roger D. Bryan, Division 13 Environmental Officer
Lori Beckwith, US Army Corps of Engineers, Asheville Field. Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
File Copy
G:AWR\WQ \Mi1che11\401 s1DURCertifications \ApO.14- 006.SR1327.docx

Ago"
Fat McCrory
GmmmUw
NCDWIR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
John E. Skva0a, III
Secretary
Certificate of Completion
Upon completion of all work approved within the 40| Water Quality Certification ur applicable Buffer Rules, and
any subsequent modifications, tile applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned noNCQVYRhythe applicant, the applicant's authorized mgev/" or the project engineer. It is not
necessary to send certificates from all oCthese.
Applicant's Certification
l
hereby state that, k» the best vfmyabilities, due care uuddiLigeoue
was used in the observation of (lie construction such that the construction was observed to be built Within Substantial
compliance and intent of the 4U| Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Date
Agml�vCen@irxdoo
\
hereby state that, tothe best o[myuh0itien due care and diligence
was used in the observation of the construction such that tile construction was observed oohe built within substantial
compliance and intent or tile 40l Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
fngineer'sGs"ifIcodoo
Partial Final
U asoduly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full tinie) tile construction of the project for tile
Perinittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of tile
construction such that the construction was observed to be built Within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and Other Supporting materials,
Signature Registration No.
Date
1617 Mail Sefy1ce Coiter, Raleigh, NmlhCmnlilu27699107
Locufiom512K8akoNry 5tRa�eigk North CmmNla2760
Pkoom9i9f07-6300\FAKG19'73J'120
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NorthCarolina
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