20141246 Ver 1_Approval Letter_20141110

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North Carolina Department of Environment and Natural Resource,%,
Fat McCrory Donald van der Vaart
Governor Secretary
January 21, 2015
Mitchell County
NCDWR Project No. 2014-1246
Bridge 84moSBL1349
APPROVAL ny401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
J.J. Swain, Jr., P.B., Division Engineer
NCDO[7 Division 13
North Carolina DeparUouu1ofTransportation
55 Orange Street
Asheville, North Carolina 2880i
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below, for the following innpoc{ for the
purpose of road widening in Mitchell County. This approval shall replace the approval isaundDoocu6pr
22, 2014:
Type of Impact Amount Approved Amount Approved
Permanent Temporary
Site I - Strearn 18 (linear feet) 70 (linear feet)
Site 2 — Strearn 47 (linear Feet)
Total Stream Impact for Project: 2%4Qncwr0eet
Total Temporary Stream Impacts: 158 linear feet.
The project shall ho constructed io accordance with your application dated dated Novommhcr|0,2Ul4.
After reviewing your application, v/ have decided that these impoc1 are covered 6v General Water
Quality Certification Nunmhor3*86. This certification corresponds to Nationwide Pell 14,issued by
the Corps of Engineers. Iu addition, You Should acquire any other federal, state m,local permits before
you proceed with your project iou|uding(hutnoi|inaiiedtm)GedinzomtundEoomiouConrrol`Non-
UimcbargeondVYaterSupP|vYYn1e,shcdn:gu|u(ioom. This approval will expire with the uocnmpooylog
4O4pormi1.
This approval is valid solely for the purpose and design described in Your application (umlessrnodified
behow). Should your project change, you mostnotify thuNCDWR and submit unew application, If the
property im sold, the new owner noos1be given u copy m[ this Certification and approval letter, and is
thereby responsible for oomnpiyjng with all the conditions. Kf total wetland fi||mfor- this project (now urill
the ftiture) exceed one acre, or of total inipacts to strearris (now or in the ftiture) exceed )50 linear feet,
conmpemmatarymmidga(ion mayhe required mydescribed in 15/\NC/\C 2B .O50v(h)(6) and (7). For this
approval to rernain valid, you must adhere to the conditions listed in the attached certification(s) and any
additional conditions listed below.
1617 Mail Service Center, Raleigh, Noah Carolina 27699-1617
Phone: 9,19-807-6300 � Internet www.ncdenr.gov
An Equal Opportunity � Affirmative Action Employer

11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. [I 5A NCAC 02H.0506(b)(3)]
12. 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. [15A NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1,
unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
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. [15A NCAC
02H .0507(c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)]
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. [I 5A NCAC 02H.0501 and .0502]
16. 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.
17. The Permittee shall report any violations of this certification to the Division of Water
Resources within 24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
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. [15A NCAC 02H.0502(f)]
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. [ 15A NCAC 02B.0506(b)(2)]
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.[15A
NCAC 02H.0506(b)(3) and (c)(3)]
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 [15A NCAC
02H.0506(b)(3) and (c)(3]):

a. The erosion and sediment control o'comureu for tile project must be designed, installed,
and maintained in mocu,dmnue with the moow( n:oeot ve,mkm of the /Vorlh
Carolina Sediment and Eros/on Control Planning and Design Man/al.
b. The design, installation, operation, and maintenance ofthe sediment and erosion control
measures must be such that they equal, or exceed, Nc requirements specified in the most
recent version o{the North Carolina &,m0men/ and Erosion Control Manual. Tile devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned nrleased borrow pits associated with tile project,
c. For borrow pd sites, the erosion and sediment control mexmorom must be designed,
installed, operated, and maintained in ucoocdunoo with rhe most rsopat version of the
JVorlh Carolina Surface Mining Mxnmal.
d. The reclamation nuoasunom and implementation nnont comply with the rcc)eolmdoo in
accordance with the requirements o[the 3udirnumLudnn Pollution Control /\c1.
22. Sediment and erosion control mcasunes shall not be placed in wetlands n, waters unless
otherwise approved 6v this Certification. [l5ANCAC 020.0506(6)(3)uud (c)(3)l
If you wish to contest any statement in the attached Certification you must file o petition for an
administrative hearing. You may obtain the petition form fronn the office ofAdministrative hearings.
You must file the petition with the office nfAdministrative Hearings within sixty (60) days ofreceipt of
this notice. /\ petition im considered filed when it is received im the office ofAdministrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00ain and 5:00pm, 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 the original and one copy of the doo nflcn is received by the Office
of Administrative 1--learings 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 Centel,
Raleigh, NC27699-67i4
Telephone: [phone], Facsimile: (919)-431-3 100
A copy of the petition must also be served oil DENR as follows:
Mr. John Evans, General [omusd
Department of Environment and Natural Resources
l6Ol Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water
Ac. If you have any questions, please contact Kevin Barnett a102V-2g6-4657nr
Sincerely,
S. Jay Zimmerman Acting, Director
Division ofWater Rexuunomx

Electronic copy only distribution:
Roger Bryant, Division 13 Environmental Office (electronic copy only)
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Kevin Barnett, NCDWR Asheville Regional Office
File Copy

A WWA
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CC�
CDEN
North Carolina Department of Environment and Natural Resources
Pat McCrary
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of issuance of 401 Water Quality Certification:
County:.
Donald van der Vaart.
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the 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 to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Appliewirl's Certifreralion
11 ....... _, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the 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: Date:
Agent's Certification
11 . .._ hereby state that, to the best of my abilities, due care and diligence
was used in . the observation of the 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 plaits and
specifications, and other supporting materials,
Signature: ___ ___ bate:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
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 Service Center, Raleigh, North Carolina 276991.1617
Phone: [phone] t Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Aden Employer