NCC231483_ESC Approval Submitted_20230517

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ROY COOPER _Lt-t iz." I
Governor `i
ELIZABETH S.BISER
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
April 14, 2023
LETTER OF APPROVAL WITH MODIFICATIONS
Federal Highway Administration
Attn: Mr. Kevin Rose
220001 Loudon County Parkway
Ashburn,VA 20147
RE: Project Name: TN NP GRSM 10N(3), 19(1), 107(1)
Acres Approved: 18.53
Project ID: SWAIN-2023-004
County: Swain
City: Bryson City
Address: Lakeview Dr. East/Heintooga Ridge Rd.
River Basin: Little Tennessee
Stream Classification: Multiple Streams - Class C, Trout, HQW
Submitted By: Federal Highway Administration- Mr. Kevin Rose
Date Received by LQS: March 16, 2033
Plan Type: Institutional
Dear Mr. Rose,
This office has reviewed the subject erosion and sedimentation control plan. We find
the plan to be acceptable with modifications and hereby issue this letter of Approval with
Modifications.The Modifications Required for Approval are listed on the attached page.This
plan approval shall expire three (3) years following the date of approval, if no land-
disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an
electronic Notice of Intent(eNOI) form requesting a Certificate of Coverage (COC) under the
NCG010000 Construction General Permit. After the form is reviewed and found to be
complete, you will receive a link with payment instructions for the $100 annual permit fee.
After the fee is processed,you will receive the COC via email. As the Financially Responsible
Party shown on the FRO form submitted for this project,you MUST obtain the COC prior to
commencement of any land disturbing activity. The eNOI form may be accessed at
deq.nc.gov/NCG01. Please direct questions about the eNOI form to the Stormwater Program
staff in the Raleigh central office. If the owner/operator of this project changes in the future,
the new responsible party must obtain a new COC.
DEQ North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
v Asheville Regional Office 12090 U.S.Highway 70 i Swannanoa,North Carolina 28778
NORTH CARDONA
OU«� / 828.2964500 1

Letter of Approval with Modifications
Federal Highway Administration
ATTN: Mr. Kevin Rose
April 14, 2023
Page 2 of 4
Title 15A NCAC 4B.0118(a) and the NCG01 permit require that the following documentation
be kept on file at the job site:
1. The approved E&SCplan as well as anyapproved deviation.
Pp pp
2. The NCG01 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic
inspection to ensure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control
plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statute 113A-51 through 66),this office may require revisions
to the plan and implementation of the revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations, and rules. In addition, local city or county ordinances
or rules may also apply to this land-disturbing activity. This approval does not supersede
any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project.
Your cooperation is appreciated.
Sincerely
Fred Walker, PE
Engineer III
Land Quality Section
Enclosures: Certificate of Approval
NPDES NCG01 Fact Sheet
Modifications Required for Approval
ec: Mr. Kevin Rose- FHWA ([e-mail])
Mr. Bryan Shamblin- NCDEQ-LQS ([e-mail])
Mr.Andrew Moore, PG- NCDEQ-DWR ([e-mail])

Letter of Approval with Modifications
Federal Highway Administration
ATTN: Mr. Kevin Rose
April 14, 2023
Page 3 of 4
cc: Regional Office file

Letter of Approval with Modifications
Federal Highway Administration
ATTN: Mr. Kevin Rose
April 14, 2023
Page 4 of 4
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: TN NP GRSM 10N(3), 19(1), 107(1)
Project ID: SWAIN-2023-004
County: Swain
1. Revise the Financial Responsibility/Ownership form to show the Federal Highway
Administration as the Financially Responsible Party in Part B.1. {G.S. 113A-54.1.(a)}
2. Add the following language to the construction sequence: notify NCDEQ inspector
48 hours prior to construction activities, obtain NPDES NCG010000 coverage before
construction activities begin, notify NCDEQ inspector when project is ready for a
close-out inspection, file for NPDES NCG010000 notice of termination once close-
out inspection report is received from Land Quality Section, inlet protection must be
installed before construction activities begin in inlet drainage area,stabilize all
linear work at the end of each workday, and have site storm ready before any break
in construction activities. {15A NCAC 04B .0106(a)(2)}
3. Provide specific detailed construction sequence for coffer dam installation for all
proposed instream work. {15A NCAC 04B .0106(a)(2))
4. Add the following construction notes to pertain to construction activities located
with the trout buffer: no fertilizer should be applied within the trout buffer,matting
must be 100 percent biodegradable,turbidity limit for receiving trout streams is 10
NTU; contractor must cease all work if turbidity limit is exceeded during any phase
of the project, all work within the trout buffer must be stabilized at the end of each
workday, all seeding must be riparian seed or plant species, and no construction
activities should be performed during wet weather or periods of predicted wet
weather. {G.S. 113A-57.(3)}
5. Provide a typical trout buffer construction detail, illustrating a trout buffer 25 feet
from the top of bank. Identify all areas where the trout buffer will be encroached
upon by the proposed construction activities. {15A NCAC 04B .0106(a)(1)}
6. Provide construction note that all materials removed for maintenance activities
must go to a permitted site or facility. During culvert clean outs turbid water or
material must not reach the receiving streams. {15A NCAC 04B .0110)
7. Contact USFWS to determine if a trout moratorium is in effect for the proposed
streams and obtain 404/401 permitting before beginning stream construction
activities.

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