20151105 Ver 1_Approval Letter_20151201

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Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
c;over»nr
DONALU R. VAN DER VAART
Secre�nry
S. JAY ZIMMFRMAN
l)l1'CClor
December 1, 2015
Haywood County
NCDWR Project No. 2015-1 105
Bridge 305 on SR 1503
State Project No. 17BP.14.R.128
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mark S. Davis, Division 14 Environmental Supervisor
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Davis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacement of Bridge 305 in Haywood County:
Site
Sl
S1A
S2
Total
Stream Im acts in the French Broad River Basin
Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream [mpact
ear
48
30
78
�If�IL�lil�l�
10�
100
Total Stream Impact for Project: 178 linear feet.
48
I �JO
30
178
� he project shall be constructed in accordance with your application dated October 5, 2015. After reviewing your
applicatiorn, we have decided that these impacts are covered by ueneral Water Quality Certification Number 38fi6.
1'his certification corresponds to the Nationwide Permit 14 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 regulations. 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 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
desc. ibed in 15A NCAC 2H .0506 (h) (6) and (7). Fo: this approval to remain valid, you must adhere to the
'conditions iisted in the attached certification(s) and any additional conditions listed below.
Condition(sl of Certification:
State of North Carolina �F.nvironmental Quality I Water Resources
i617 Mail Service Center, Raleigh, North Carolina 27699-16i7
Phone:[phone]C0

General Conditions
l. 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 ir. dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and dow:►stream oi the above struciures. Tne applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered durin� constructien, please centact 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 aquatic 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 02H.0506(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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit
dr�wir.gs s:��mittPC� f�i 3*��r�val. �15A NCAC 02H .05�7(c) and 15A NCA.0 02H .0505 (b?(2) and
(cl(2)1
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 of NCDOT 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)]
8. Heavy ec�uipment shali be operated i5�om the banks rather than in the stream channel in order to
rnin:mize sedimentation and reduce the i�troduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
9. 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 �naterials.
[ 15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [l SA NCAC 02H.0506(b j(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standa;ds �inciuding any requirements resulting from compliance with �303(d) ot the C1ean 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 ar federal law is being violated, or that further conditions are necessary to assure cc�mpliance,
the NCD�IVR may reevaluate and modify th�s 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, wetlana or water boundary located witnir 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 ar� prohibited unless otherwise autherized by this
certification. [ I SA NCAC 02H.0501 and A502]
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. [ I SA 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( fl]
19. There shall be no excavation from, or waste disposal into, jurisdictiona) 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)]
''� Erosion and se��m°r.t contro! �rac+.:ces must be i:� full camnliance with all s�ecifica*_ions governing the
���.
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [15A NCAC 02HA�06(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.
h. 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 Carolir�a Sedirnent and Erosion Control I'✓lunuul. The devices sha;l be muintained 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 m�!st be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carelina Surface
A�ining Manual. ,
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements ofthe Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters ui�less otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
[f you wish to contest any statement in the attached Certification you must file a petition f'or an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
witl-� the office of Administrative Hearings within siaty �60 j days of receipt ot 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:OOam and S:OOpm, except
fur official state holidays. Trie original and one (1) copy of tl?e petition must be filed with the Gffice of
Administrative Nearir.gs.

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-?000, Facsimile: (9191431-? 100
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. [f you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
Sincerely,
�s-�
. Jay immerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers N� V!'ildlife Resources �omm:ssien
F'11C �q�f

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Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project lVame:
Date of Issuance of 401 Water Quality Certitication:
County:
PAT MCCRORY
�r�„��,,,,�r
DONALD R. VAN DER VAAR1'
sec,•rrar��
S. JAY ZINIMF,RMAN
Urreclor
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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by ihe applicant, the applicant's authorized ageni, or the prc,ject engineer. It is not
necessary to send certifcates from all of these.
ApplicanYs Certificatior:
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
compiiance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
spec�fications, and other su�perting materials.
Signature: Gate:
Agenf's Ce;Pifcatio�F
I, , hereby state that, to the b�st 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
specificatior�s, and other supporting materials. '
Signature:
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 anc� 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
Registration No.
Slate of North Carulina �Environmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]