20160138 Ver 1_Approval Letter_20160321

Water Resources
ENVIRONMENIAL OU�LIiT
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
Henderson County
NCDWR Project No. 2016-0138
(Bridge 318 on) SR 1217
State Project No. 17BP.14.R.45
APPROVAL of 401 WATF,R QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr.. Mark S. Davis, Environmental Supervisor
NCDOT, Division 14
253 Webs[er Road
Sylva, North Carolina 28779
Dear Mr. Davis:
You have our approval, in accordance wi[h the conditions listed below, for the following impacts for the purpose of
Bridge Replacement in Polk Coimty:
Stream Im acts in the French Broad River Basin
Site Permanent Fill i❑ Tempm•ary Fill in Total Stream
Perennial Stream Perennial Sh�eam Impact
linear ft linear ft linear ft
SI 39 39
SlA 100 100
S1B 26 26
SIC 18 18
83 ]00 1S3
Total
I o[al 5[ream Impact [or Project: I85 Ifnear i¢¢t.
The project shall be consreucted in accordance with your application dated February 1 S, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certification corresponds to [he Nationwide Permi[ 14 issued by the Corps of Engineers. In addi[ion, you
shoald acquire any otlier federal, state or local permits before you proeeed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with [he accompanying 404 permi[.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Should your projecC change, you mus[ notify [he NCDWR and suUmit a new application. If the proper[y is sold, the
new owner must be given a copy of this Certi(ication 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) eaceed one acre, or of total
impacts to streams (now or in tlie future) axceed 150 linear feet, compensatory mitigation 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.
Condition(s) of Certification:
Slale o( Norih Camlina Environmemal Qualily I Warer Rcwnrces
1617 Mail Senice Center, Raleigh, Notlh Carolina 2769946ll

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 [han 48 inches, and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches, to allow ]ow 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 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 to determine whether or not a pennit modification wiil be required.
[15A NCAC 02H.0506(b)(2)]
2. [f 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. [ I SA 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
(�)(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 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 in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)j
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. [15A NCAC 02H.0506(b)(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 standards (including any requirements resulting from compliance with §303(d) ofthe Clean 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 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 loca[ed 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. [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 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 [his 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 Pennittee 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 (incloding 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 wedands 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 wnstruction activities.[ISA NCAC 02H.0506(b)(3) and (c)(3)]
20. 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 [t5A 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 Narth Carolina Sedrment and
Erosion Conlrol Plannrng 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 Sediment and Erosron Contro! 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 control measures must be designed, installed,
operated, and maintained in accordance witli the mos[ recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
2 L Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
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 o�ce of Administrative hearings. 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 S: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
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 Setvice Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition mus[ also be served on DEQ as follows:
Mc Sam M. Hayes, General Coonsel
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 con[act Kevin Barnett at [phone] or kevin.barne[[e-mail].
Sincerely,
��� ��,
S.��immerman, Director
Y
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resoorces Commissio❑
File Copy

Wa ter Resources
ENVIRONMENiAI OUAIIi Y
NCDWR Project No.: Cotmty:
Applicant
Project Name:
Date of [ssuance of 401 Water Quality CertiGcation:
PAT MCCRORY
c��.�„����
DONALD R. VAN DER VAART
e«,-�•,o��,
S. JAY ZIMMERMAN
Uirc[Inr
Certificate of Completio❑
Upon completion of alI work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to re[urn this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resouroes, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's aud�orized agent, or the project engineer. It is not
necessary to send certificates firom all of these.
ApplicmiPs Certrfrcntion
I, , hereby state that, to [he best of my abilities, due care and diligence
was used in the observation of [he construetion such tha[ the construetion was observed to be built within substantial
compliance and inten[ of the 401 Wa[er Quality Certification and Buffer Rules, dte approved plans and
specifications, and other supporting materials.
Signa[ure: Da[e:
AgenYs Certifrcnlion
I, , hereby state that, Co the best of nry abilities, due care and diligence
was used in the observation of tlie construction such that the construction was observed to be built witl�in substantial
compliance and intent of the 401 Water Quality Certification and Boffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Eiigineer's Certificntiau
Partial Final
1, , as a duly registered Professional Engineer in the S[ate 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 Ihe
construction such that the construction was obse�ved to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other suppoRing materials.
Signature
Date
Registration No.
Sla�eo(Notlh Carolina IEnvironmcnlal Quxlity I Wa�e� Resoivcu
1617 Mail Senice Cenler, Raleigh, Nonh Camlina 27699-i6ll
Phone: [phone]