20151182 Ver 1_Approval Letter_20151222

Water Resources
ENVIRONMENTAL OUALII'Y
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December 22, 2015
Buncombe County
NCDWR Project No. 2015-I 182
Bridge 402 on SR 2806
TIP No. 17BP.13.R.110
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. J. J. Swain, Jr., P.E, Division Engineer
NCDOT, Division 13
Post Office Box 3279
Asheville, North Carolina 28802-3279
Dear Mr. Swain:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement with box culvert in Buncombe County:
Stream Imoacts in the French Broad River Basin
Site Permanent Fill in � Temporary Fill in � Total Stream
Perennial $tream Perennial Stream Impact
__ pine�r f�__ _ pinear it) pinear St)
Sl � _ 82 I� 82
S1A 29 29
SIB 34 34
63 82 145
Total
Total Stream Impact for Project: 1451inear Feet.
The project shall be constructed in accordance with your application da[ed November IQ 2015. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This cer[ifica[ion corresponds to the (Nafionwide/General) 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 pertnit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your projec[ change, you must notify [he NCDWR and submit a new applica[ioa If the property is sold, [he
new owner must be given a copy of Ihis Certification and approval letter, and is [hereby responsible for complying
with aIl the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impac[s ro streams (now or in the future) exceed I50 linear feet, compensa[ory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (� and (7). For this approval to retnain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
S�ate o(Notlh Camlina'iEnvimnmcnlal Qualily I Wale� Resources
1617 Mail Service Center, Raleigh. Nonh Caroiina 27699-i617

Condition(s) of Certification:
General Conditions
I. Unless otherwise approved in this certification, placement of wlverts 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 Ue conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to oe met
dce to bedrock or other limiting feawres encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will be required.
[ISA 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. [ISA NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the US., 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 sheams 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. [ISA NCAC 02H.0506(b)(2)]
6. "rhe Permittee shall ensure that the 6nal design drawings adhere to the permit and to the permit
drawings submitted for approvaL [l5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(Z)l
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 watec [ISA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters mus[ be regulady 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 shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
I 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)]
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 [he Clean Water
Act) and any other appropriate rzquirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designatad 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 modi'ry 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 Qualiry Certification shall be maintained on the cons[ruction site at all times. In
addition, the Water Qualiry Certification and all subsequent modifications, ifany, shall be maintained with
the Division Engineer and the on-site project managec [ISA 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 cleady marked by highly visible fencing prior to any land disturbing
activities. [mpacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ 15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from comptying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) havingjurisdiction, 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 borzow 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. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region)
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.[I SA NCAC 02BAXXX(10)]
20. There shall be no excavation from, or waste disposal into, jurisdic!ional wet!ar.ds or waters associated
with this permit without apnropriate modificatioa 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.[ I SA 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 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 Desrgn Manual.
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 Carolrna Sedrment and Erosion Control Manual. The devices shall be maintained on all
cons[ruction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
a 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 Surface
Mining Mnn:�al.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shail not be placed in wetlands or waters unless otherwise
approved by this Certificatioa [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any stztement in Qie attached Certification you must tile a petition for an administrative
hearing. You may obtain the petition form from the office of Administra[ive hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is censidered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of

Administrative Hearings aceepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with [he 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 Admiuis•trative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
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 AcL If you
have any questions, olease contact Kevin Barne[t at [phone] or kevin.barnett@ncdencgov.
Sincerely,
� �,�� V _��
S. Jay Zimmerman, Director
Division of Water Resources
F,lectronis copy enly distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger D. Bryan, Division l3 Environmental Officer
Marla Chzmbers, NC W ildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL OUALII Y
NCDWR Project No.: County:
Applicant:
Project Name:
Date of [ssuance of 401 Water Quality Certification:
PA'f MCCROKY
I)ONAI,D R. VAN DI�iR VAnKT
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S JAY ZIMMERMAN
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Certificate of Completion
Upon completion of all work approved within the 401 Wa[er Quality CeRification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Penni[ting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be r2turned to NCDWR by the applicant, the applicanYs authorized agent, or the projzc[ enginzer. It is not
necessary to send certificates from aIl of these.
App/icmzYs Certiftcntion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the constroction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Boffer Rules, the approved plans and
specifications, and other supporting materials.
Signatore: Date:
AgenYs Certifcntimt
I, , hereby state that, to the best of iny 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:
Engineer's Certificnlio�r
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been aothorized 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 ro be built within substantial compliance and intent of the 401
Water Quality Certification and Buffcr Rules, the approved plans and specification,, and other supporting materials.
Signature
Date
Registration No.
Stale of Non6 Ca;olina IEnvironmenlal Qualily', Watcr Resoi¢ces
i6ll Mai15ervice Cenler, Raleiah, Nodh Carolina 276994617