20160135 Ver 1_Approval Letter_20160225

Water Resources
ENVIG20NMENiAL �UALITY
I'.-1'I� ,11C('KUKY
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ti Jnl' lIMMFiRMAN
February 25, 2016
Ashe County
NCDWR Project No. 20160135
Bridge 327 on SR 1509
TIP Project B-5147
APPROVAL of 40l WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Colin Mellor, Group Leader
NCDOT, Project Development and Environmental Analysis Unit
1020 Birch Ridge Drive
Raleigh, NC 27699
Dear Mr. Mellor:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 327 over Little Buffalo Creek (Index No. 10-2-20-1) with a twin-barrel reinforced concrete box
culvert in Ashe County:
__ Stream Impacts in the New River Basin___
i � Permanent Fill in � TQmporary Fill in
Perennial Stream � Perennial Stream � i�otai Stream
Site linear ft (linear ft) Impact
Culvert Bank (linear ft)
Stabilization Dewatering
1 49 86 23 158
Sub Total 49 36
Total � 135
Total Stream Impact for Project: 158 linear feet.
23
158
Str�am Im�acts
Re�ui: ing
Mitigation
(linear ft)
49
49
The project shall be constructed in accordance with your application dated February 12, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3891
and 3893. These certifications correspond to the Nationwide Permits 23 and 33 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. [f total wetland fills for this project (now or in the future) exceed one acre, or of total
in�pacts to streams (n�w c,r in the future} exceed 15C linear feet, compe��satury mitigaiiori may bz required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
State of North �azolina IEnviromnental Quality I Water Resouroes
1617 Mail Service Center, Raleigh; North Carolina 27699-1617
Pnone 919-807-6300

Condition(s) of Certification:
I'roject Specific Conditions
1 As a condrtion of this 401 Water Quality Cert�fication, the bridge demolrtion must be accomplished m
strict comphance wrth the most recent version of NCDOT's Best Management Practices for Construchon
and Mamtenance Activrties [15A NCAC 02H 0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
2 Cuivert barreis shail be designed to mimic natural stream cross section as closely as possible mcludmg
pipes or barrels at flood plam elevation and/or sills where appropriate Widenmg the stream channel
should be avoided Stream channel w�dening at the mlet or outlet end of structures typically decreases
water velocity causmg sediment deposition that requires mcreased mamtenance and disrupts aquatic life
passage [15A NCAC 02H.0506(b)(2)]
3 Riprap shall not be placed in the active thalweg channel or placed m the streambed m a manner that
precludes aquatic life passage Bioengmeering boulders or structures should be properly designed, sized
and mstalled [ 15A NCAC 02H.0506(b)(2)]
4 For the 23 lmear feet of streams bemg impacted due to site dewatering activities, the site shall be graded to
tts preconstructton contours and revegetated wrth appropriate native species [15A NCAC 02H 0506(b)(2)]
5 The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable Efforts must be made to mmimize impacts to the stream banks, as well as to
vegetation responsible for mamtammg the stream bank stabilrty Any applicable riparian buffer unpact for
access to stream channel shall be temporary and be revegetated wrth native riparian species [15A NCAC
02H 0506(b)(2)]
6. This pro�ect has the potential to unpact trout waters or other aquatic species of concern. No construction
activities shall begm until the NCWRC makes a determmation regardmg moratona Should the NCWRC
determine that a moratorium is applicable then the requirements of any moratorium(s) shall be a condrtion
of this 401 Certiti�atton. if the NCDOT does not wish to honor the moratorium, then a written
mo��fcatien sha11 bP s�bm�tted [15A NCP_C 02N 0506(b)(2) an� l5A NCAC 04T3 Q125;
7 NCDOT shall be in compltance wrth the NCS000250 issued to the NCDOT, mcludmg the applicable
requirements of the NCGO10000 Please note the extra protections for the sensrtive watersheds
General Conditions
1 Unless otherwise approved m this certification, placement of culverts and other structures m open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts wrth a
diameter greater than 48 mches, and 20 percent of the culvert diameter for culverts havmg a diameter
less than 48 mches, 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 ui 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 requu-ed to provide evidence that the
equilibrium is being mamtained if requested m writing by NCDWR. If this condrtion �s unable to be met
due to bedrock or other limitmg features encountered during construction, please contact NCDWR for
gutdance on how to proceed and to determine whether or not a permit modification wil] be requ�red
[15A NCAC 02H 0506(b)(2)]
2 If concrete is used during construction, a dry work area shall be mamtained to prevent direct contact
between curmg concrete and stream water Water that uiadvertently 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 Durmg the construction of the pro�ect, no stagmg of equipment of any kmd is permitted in waters of
the U S, or protected riparian buffers [ 15A NCAC 02H 0506(b)(2)]
4 The dunension, pat�ern and profile of tne stream above and below th� crossing shall not be modified
Disturbed floodplatns and streams shall be restored to natura? geomorphic cond�tions [15A NCAC
02H.0506(b)(2)]

5 The use of rip-rap above the Normal High Water Mark shall be minimized Any np-rap placed for
stream stabilizat�on shall be placed ui stream channels m such a manner that it does not impede
aquatic life passage [15A I�ICAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the fnal design drawmgs adhere to the permit and to the permit
drawmgs submitted for approval [15A NCAC 02H 0507(c) and 15A NCAC 02H 0506 (b)(2) and
(�)(2)l
7. All work in or ad�acent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Actrvrties manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation m flowing water [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel m order to
mmimize sedimentation and reduce the introduction of other pollutants mto the stream [ 15A NCAC
02H 0506(b)(3)]
9 All mechamzed equipment operated near surface waters must be regularly mspected and mamtamed to
prevent contamination of stream waters from fuels, lubricants, hydraultc fluids, or other toxic matenals
[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)]
11 Dischargmg hydroseed mixtures and washmg out hydroseeders and other equipment m or ad�acent to
surface waters is prohibited [15A NCAC 02H 0506(b)(3)]
12 The permittee and its authonzed agents shall conduct its achvrties m a manner consistent wrth State water
qualrty standards (mcludmg any requu-ements resultmg from compliance wtth §303(d) of the Clean Water
Act) and any other appropr�ate requ�rements of State and Federal law If the NCDWR determmes that
such standards or laws are net bemg met (,includmg th� failnre to sustam a desi�nated or ach�eved »se) or
that State or federal law is bemg violated, or that further conditions are necessary to assure comphance,
the NCDWR may reevaluate and modify thts certificahon [15A NCAC 02B 0200]
13. All fill slopes located in �urisdictional 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 mamtamed on the construction site at all times In
addrtion, the Water Quality Certificarion and all subsequent modifications, if any, shall be mamtamed with
the Division Engmeer and the on-site pro�ect 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 fencmg prior to any land disturbmg
act�vities Impacts to areas within the fencmg 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 complymg wrth any and all statutes,
rules, regulations, or ordmances that may be imposed by other government agencies (i.e local, state, and
federal) havmg�urisd�ct�on, mcludmg but not hmited to apphcable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc
17 The Permittee shall report any violations of this certification to the Drvision of Water Resources withm
24 ho�:rs of discovery [i�A PdCAC C23 0506(b)(2)]

18 Upon complehon of the pro�ect (mcludmg any impacts at associated borrow or waste sites), the NCDOT
Division Engmeer (or appomtee) shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work mcluded m the 401 Certification has been completed. [15A
NCAC 02H 0502( fl]
19 Native riparian vegetatton must be reestablished m the r�parian areas withm the construction limits of the
pro�ect by the end of the growmg season followmg completion of construction [15A NCAC
02H.506(b)(3)]
20 There shall be no excavation from, or waste disposa] mto, �urisdictional wetlands or waters associated
with this permit without appropnate modification Should waste or borrow sites, or access roads to waste
or borrow sites, be located m wetlands or streams, compensatory mitigation wtll 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 m full comphance wrth all specifications governmg the
proper design, mstallation and operation and mamtenance 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 pro�ect must be designed, mstalled, operated,
and mamtained m accordance with the most recent version of the North Carolina Sed�ment and
Erosion Control Plannang and Desrgn Manual
b. The destgn, mstallation, operation, and mamtenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requu-ements specified m the most recent version of the
North Carolina Sediment and Erosion Control Manual The devices shall be mamtamed on all
construction srtes, borrow sites, and waste pile (spoil) projects, mcludmg contractor-owned or leased
borrow pits associated with the pro�ect
c For borrow pit sites, the erosion and sediment control measures must be destgned, installed,
operated, and maintamed m accordance with the most recent version of the North Carolrna Surface
Mznang Manual
d The reclamation measures and implementation must comply with the reclamation in accordance
w?th the req�a2rPments of the SedLmentation Pc�lb�tion C�ntrol Act
22 Sediment and eroston control measures shall not be placed m wetlands or waters unless otherwise
approved by this Certification [15A NCAC 02H 0506(b)(3) and (c)(3)]
If you wish to contest any statement m the attached Certification you must file a petition for an admmistrative
hearmg You may obtain the petition form from the office of Admmistrative hearmgs You must file the petrtion
with the office of Admmistrahve Hearmgs wrthin sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings durmg normal office hours The Office of
Admmistrative Hearings accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state holidays The origmal and one (1) copy of the petition must be filed with the Office of
Administrative Hearmgs
The petition may be faxed-provtded 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 Admmistrative Hearmgs is.
Office of Admmistrahve Hearmgs
6714 Matl Service Center
Raleigh, NC 27699-6714
Telephone [phone], Facsimile [phone]
A copy of the petrtion must also be served on DEQ as follows.
Mr Sam M. Hayes, General Counsel
Department of Env�ronmental Qualrty
1601 Mail Service Center
Thts letter completes the revtew of the Division of Water Resources under Section 40l of the C1ean Water Act If you
have any questians, please contact Dave Wanucha at [phone] or Dave [e-mail]

Sincerelv,
l�n/��
✓ ` af >
�
S. Jay Zimmerman, Director •
Division of Water Resources
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter Division 1 I Environmental Officer
Carla Dagnino, NC Department of Transportation
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONMEN TAl OUALf�'i
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COU[li)':
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ti. J���' ZINiMI?RMAN
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 the applicant, the applicant's authorized agent, or the project engir�eer. It is rot
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
specifications, and other supporting materials.
Signature: Data:
Agent's Certific�tian
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
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
l, , 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
Date
Registration No.
State of North Carolina I,Enviranmental (lualiry . Water Re;ources
1617 Mai� Service Center, Raleigh, North Carolina 27699-i61 i
Pnore:9'9-SO?-6309