20151033 Ver 1_Approval Letter_20151201

%�:�
Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
au,��,•»or
DONALD R. VAN DER VAART
Secre7nrr
S. JAY Z[MMERMAN
L)u•ealor
December 1, 2015
Jackson County
NCDWR Project No. 2015-1033
Bridge l64 on SR 1462
State Project No. 17BP.14.R.129
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mark S. Davis, Division ]4 Environmental Supervisor
253 Webster Road
Sylva, North Carolina 28779
Dea: Mr. Davis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacement of Bridge 164 in Jackson County:
Stream Im acts in the Little Tennessee River Basin
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact
(linear ft linear ft) linear ft)
Sl 0 0
. S1A 6Q 50
+--- -- -- —
S2 125 � 125 �
S2A 150 I50
S3 50 50
175 210 385
Total
Total Stream lmpact for Yrojeci: 3ti5 linear t�eet.
The project shall be constructed in accordance with your application dated October 1, 2015. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certification corresponds to the Nationwide Permit l4 issued by the Corps of Engineers. 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 reguiations. This approval
will expire with the accompanying 404 permit.
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 totai wetland fills for this project (now cr in the future) exceed or�e acre, or of tctal
impacts to streams (now or in the future) exceed 150 (inear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Fcr this approval to remair valid, you must adhere to the
conditions listed in the attache� certification(s) and any additional conditions listed below.
Condition(s) of Certification:
State of North Carolina �Envirenmental Quality � Water Resources
16i7 Mail Service Center, Raleigh, North Caroiina 27699-1617
Phone:91�-807-6300

General Conditions
1. Unless otherwise approved in this certification, placement of cuiverts 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 cor.trol measures shall not be conducted in a
manner that may resuit in dis-equilibrium of we�lands or streambeds or banks, adjacent to or upsiream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibri�m is being maintained if requested in writing by NCDWR. If this condition is unable t� be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible ayuatic life and
fish kills. [15A NCAC 02B.0200]
3. 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. [15A NCAC 02HA506(b)(2)]
4. 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. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [15A NCAC 02H.0506(b)(2)]
6. The Pern?itt�e shall ens�are that the final desi�n drawings ?dhPre ±o the permit and to the p�rr.iit
drawings submitted for approvaL [15A NCAC U2H .0507(cj and 15A NCAC 02H .U506 (b)(2) and
(�)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version ofNCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3)�and (c)(3)1
8. Heavy ec�uipment shall be operated from the banks rather tha:� in the stream channel in order tc
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment ope.rated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shail be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
1 l. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
i2. 'The permittee and its authorized agents shall conduct its a:.tivities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or law�s a;e not being met (including the fa�lur� to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure co�npliance,
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. [ 1 SA 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, �vetland o: �vater boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. [mpacts to areas within the fen�ing are prohibited unless other�.�ise au±herized by this
certification. [15A NCAC 02H.O�G1 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(�]
19. 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)]
2Q. Ero�ion ar.� se�iment cort�o! rra�ti:es must be in fi.�1 compliar.ce v�ith al! spe�:ficat�ons gove!-nin, *he
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [1 SA NCAC 02H.G506(b)(3) and (c)(3]):
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 Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that ±hey equal, or exceed, the requirements specified in the most recent versi�n of the
PJ;,rth Carolina Sediment and �rosion Cont; ol Manual. The devices shall be mair.tained or. aL'
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 Carolinu Surface
Minino Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
22. [n-stream work and land disturbance within the 25�foot buffer zone are prohibited during the trout-
spawning season of October 15 through April 15 to protect the egg and fry stages of trout, unless
otherwise approved by tl;e NC Wildlife hesources Commission..
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the �Setition fonn fi•om the office of Administrative hearings. You rrust file the petition
with the office of Administrative Hearings within sixty (50) 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
Administrati��e Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, 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 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: [phone], Facsimile: (919) 431-310Q
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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 [phone] or [e-mail].
Sincerely,
� C ��-- �
�� �
S. Jay Zimmerman, Director
Division of Water Resources
El�ct.��r�c c�i�y o;��y �is�ri'�utin,.:
I.ori B�ckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers NC Wildlife Resources Commission
File Copy

' ,y
Water Resources
ENVIRONMEN'!AL �UALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUIIij':
PAT MCCRORY
<:�,�����„�,r
DONALD R. VAN DER VAART
Searelnri�
S. JAY ZIMMERMAN
Ull'CC(0!'
Certificate of Compietion
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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned ta NCDWR by the applicant, the applicant's authorized agent, ar the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , 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
spec�ficat�ons, and other s�►pporting marerials.
Signature: Date:
Agerz�'s Certific�t�on
I, ' , hereby state that, to the best of my abilities, due care ar�d 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 p(ans and
specifications, and other supporting materials.
S ignature:
Engineer's Certifieation
Partial
Final
Date:
I, ' , 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 Suffzr Rules, the approved plans and specifications, and otl�er supporting materials.
S i�nature
Date
Registration No.
State of North Carolina �Environmental Quality � Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617