20160190 Ver 1_Approval Letter_20160321

Wnter Resources
ENVIHONMEN f AL OUALI I Y
PAT MCCRORY
a,����»�„�
DONALD R. VAN DER VAART
.rrercanrv
S. JAY ZIMMERMAN
�Jlfl'cl0/'
March 21, 2016
Buncombe County
NCDWR Projec[ No. 2016-0190
(Bridge 291 on) SR 1222
State Project No. 17BP.13.R.25
APPROVAL of 401 WATER QUAL[TY CERT[FICATION, with ADDITIONAL COND1TlONS
Mr. Roger D. Bryan, Environmental Ofticer
NCDOT, Division 13
55 Orange Stree[
Post Office Box 3279
Asheville, North Carolina 28802-3279
Dear Mr. Qryan:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Bridge Replacement in Buncombe County:
Stream Im acts in the French Broad River Basin
Site Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perennial Stream Impact
linear ft linear ft linear ft
Sl 59 59
SIA 54 54
S1B 131 131
113 13l 244
Total
i�otai 5[ream �mpact tor Yro�ect �4a imear teet.
The project shall be constructed in accordance with your application dated Febivary 29, 2016. 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 Pennit 14 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed wiH� your project including (but not
limited [o) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regula[ions. This approval
will expire with the accompanying 404 permit.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and sobmit 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 zll 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
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.
Condition(s) of Certification:
SYnle o( Norlh Ca�nllna Environmemal Qualily I W��cr Resources
1617 Mail Service Center, Raleiqh, North Carolina 276994617

General Conditions
l. Unless otherwise approved in this certifica[ion, placemen[ 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 oFwater 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 in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required ro 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 to determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(2)j
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 nawral geomorphic conditions. [ISA 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 ]ife 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
(�)(Z)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 ro 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 pollutants inro the stream [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularty 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. [15A NCAC 02H.0506(b)(3)]
I1. 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) 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 to 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. [ I SA 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 certiflcation. [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 ISA NCAC 02H
.0506 (b)(2) and (c)(2)]
I5. The outside buffer, wetland or water boundary ]ocated within the construction corridor approved by this
authorization shall be clearty marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certificatioa [15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permi[[ee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment 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, e[c.
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 ffom road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sedimen[ 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 [I SA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, ins[alled, 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 they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosron Control Manual. 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.
c. For borrow pit sites, the erosion and sediment wntrol measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Mattnal.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearinga You must file the petition
with the office of Administrative Hearings within sixty (60) 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
Administrative Hearings accepts filings Monday through Friday between the hours of B: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: [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 Act [f you
have any ques[ions, please contac[ Kevin Barnet[ at [phone] or [e-mail].
S' cerely��� V
� , . ��'
S. Jay Zunmerman, Direc[or
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

WaterResources
GNV IRONMEIV I AL �UlLLIiY
NCDWR Project No.: County:
Applicant
Project Name:
Date of Issoance of 401 Water Qnality Certification:
PAT MCCRORY
c�,��-�„���
DONALD R. VAN DER VAART
s��,���o,�,
S. JAY ZIMMERMAN
/JII'C'LYO]'
Certificate of Completion
Upon completion of all work approved within the 401 Water Qu21ity CetYifica[ion or applicable Buffer Rules, and
any subsequen[ modifications, the applicant is required to return this certificate to [he 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 16I7 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by tlie applicant, the applicant's authorized agent, or Ihe project engineer. It is no[
necessary to send certifieates from all of these.
ApplicnaPs Cerlifrcnlron
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 E3uffer Rules, the approved plans and
specifications, and o[her supporting materials.
Signa[ure: Date:
AgenYs Certificntio�e
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 inten[ ofthe 401 Water Quality Certification and Buffer Rules, tlie approved plans and
specifications, and otlier sopporting materials.
Signatm�e:
E�igineer's Cerllfrcntlon
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been au[horized to observe (periodically, weekly, fidl [ime) Ihe construction of the project for the
Permittee hereby state tha[, to [he best of my abilities, due care and diligence was used in the observation of the
wnstruction such that the construc[ion was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and 6uffer Rules, Ihe approved plans and specifications, and other supporting materials.
Signature
Da[e
Registralion No.
Sla�eo(NorlhCamlina,EnrimnmemalQualip�', Wa[arResoumes
1617 Mail Service CenteC Raleiqh. Notlh Camlina 2769946A