20151021 Ver 2_Approval Letter_20160321

Water Resources
LNVIROHMEHIAL OUALItY
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
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March 21, 2016
Polk County
NCDWR Project No. 2015-1021 v.2
(Bridge 4 on) SR 1102
TIP/State Project No. B-4792
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mc. Mark S. Davis, Environmental Supervisor
NCDOT, Division 14
253 Webster Road
Sylva, Noith Carolina 28779
Dear Mr. Davis:
You have our approval, in accordance with the conditions listed below, for tl�e following impac[s for the purpose of
I3ridge Replacement in Polk County:
Stream Im acts in the Broad River Basin
Site Pennanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact
linear ft linear Tt linear ft
Sl 49 49
SlA I50 I50
SIB 25 25
SIC 20 20
94 150 244
Total
Ibtal StYeam Impact toY YYo�ect: L35 linear teet.
The project shall be constructed in accordance with your application dated �ebivary 5, 2016. After reviewing your
application, we have decided Niat these impacts are covered by General Water Qualiry Certification Number 3886.
This certification corresponds to the Nationwide Permit 14issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or Iocal 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 [he NCDWR and submit a new applica[ion. Ifthe property is sold, the
new owner must be given a copy of this Certifica[ion and approval letter, and is [hereby responsible for complying
wi�h all the conditions. If total wetland fills for this project (now or in the futore) exceed one acre, or of total
impacts to streams (now or in [he future) exceed I50 linear fee[, compensatory mitiga[ion may be required as
described in I SA 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.
Conditimi(s) of Certification:
$lale of Nmih Wrolina Environmen�al QualilY I �✓ale� Resausu
1617 Mail Service Center, Raleigh, North Camlina 27699-1fi17
Phane�. 919�807�6300

General Conditions
1. 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
wlverts and other structures including temporary erosion control measures shall not be 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 be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR for
guidance on how to proceed and ro determine whether or not a permit modification will be required.
[ I SA 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 tha[ inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish killa [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.
Dismrbed 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
drawings submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(�)]
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. [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 pollutan[s into the stream. [ I SA NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
phrevent 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. [ISA NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with Sta[e water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any o[her appropriate requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure ro sustain a designated 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 modify this certification. [15A NCAC 02B.0200]

13. All fill slopes bcated in jurisdictional weNands 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 omsite project manager. [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 clearly 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 complying with any and all statutes,
rales, 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 ofdiscovery. [ISA 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 alI 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 weNands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities[ISA NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sediment contro] 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 Carolrna Sediment and
Erosion Control Plannrng and Design 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 Carolina Sedrrnent and Erosion Control Mam�al. The devices shall be maintained on all
construction 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 conreol measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolrna Surface
Mining Manval.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the reqairements of the Sedimen[a[ion 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. In-stream work and land disturbance wi[hin the 25-foot buffer zone are prohibited during the trout-
spawning season of October I S through April 15 to protect the egg and fry stages of trout.
If you wish to contest any statement in the attached Certification you mus[ file a petition for an administrative
hearing. You may obtain the petition form from the office of AdminisVative hearings. You must file the petition
with the office of Administrative Hearings within sixry (60) days of receipt of this notice. A petition is considered
filed when it is received in the oftice of Administrative Hearings during normal office hours. The Oftice of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except

for official state holidays. The original and one (I) copy of the petition must be filed with the Office of
Adminis[rative Flearings.
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) 4313100
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 CenCer
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 Bamett at [phone] or [e-mail].
Sincerely,
�/J{��'� ��.
S. 7ay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Anny Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy

Water Resources
[NVIRONM[NIAL OUALITV
NCllWR Project No.: County:
Applicant
Project Name:
Date of [ssuance of 401 Water Quality Certi�cation:
PAT MCCRORY
c,����•�,��„�
DONALD R. VAN DER VAART
s«,�r�a,y.
S. JAY ZIMMERMAN
l)IfC[YOI'
Certificate of Completio❑
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required [o return Ihis cetYificate to the 401 Transportation Permit[ing
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617, This fonn
may be returned to NCDWR by the applicant, the applican['s authorized agent, or the project engineer. IC is not
necessary to send certificates from all of these.
Applicnnl's Cerfiflcntioir
1, , hereby state diat, 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 Duffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Age�r!'s Cerlificnlian
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 CerliJler�fion
Partial Final
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
Pennittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such Ihat lhe 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.
S�ate of Nonh Carolina Envlronmen�al Qualily I Water Resoumcs
1617 Mail Service Center, Raleigh, Notlh Carolina 27699-1617
Phane: 919�807�6300