20160357 Ver 1_Approval Letter_20160524

Wnt�r� Resot�rces
ENVIflONMEN I AL OU,'�Lll�f
APPROVAL of 401 WATER QllALITY CERTIFICATION
Mr. David McHenry, Environmental Specialist
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. McHenry:
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May 24, 2016
Haywood County
NCD'JdR ProjectNo. 2J16-0357
Bridee 3] 4 en SR 1355
State Project No. 17BP.14.R.128
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Haywood County:
Site
SI
SlA
S1B
S1C
Total
Stream Im acts in the French Broad River Basin
Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perenniai Stream Impact
_____llinear ft) ___ � ___ (linear ft)_ ___�__ (linear ft)_
0 I I 0
70
10
80
— ---- 110 - ---
110
--110
70
--��-
190
Total Stream Impact for Project: 190 iinear feet.
The project shall be constructed in accordance with your application dated April 12, 2016 After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3883.
This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. [n addition, you should
acquire any other federal, state or local pern�its 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 respcnsible for complying
with all the conditions. [f total wetiand fills for this project (now or in the future) exceed one acre, or of total
:mpacts to strea:ns (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in I �A NCAC 2H .0�06 (h) (6) and (7 j. For this approval to remain valid, you must adhere to the
conditions listed in the attached certitication(s) and any additional sonditions listed below-
Conditionfsl of Certification:
State of Ncrth Carolina IFm�ircnmental Qua!iry I Water Resou:ces
i6 i7 ��lail Service Center, Raleigh, NoRh Carolina 27u99-1o17
Phone:91S B0i-630U

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
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner that may result ir. �is-ect�.�:librium of wetlands or strea�nbeds c�r banks, adjacent to a: unstream
and downstream of the above siructures. The appiicant is rekuired to provide evidence that tne
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met
duP to bedrock or other limitina features encour.tered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a permit modification will ne required.
[15A 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 sn•eam water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential far 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 nrotected riparian buffers. [15A NCAC 02H.0506(b)(2)1
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. [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 tinal design drawings adhere to the nermit and to the permit
dra�*�i^�s s��hmitted for �ppreval. f 15A NCAC 02H .OSQ7,(c) and 15A_ NC;AC 02H .QSQ6 !b)(2) a,n�i
(.�)(2)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 ogerated from the banks rathec• than in the stream channel in order to
minimize sedimentation and reduce the ir.tr�duction of other pallutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly insnected and maintained to
prevent contamination ef 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.05�6(b)�3 j]
11. Dischargir.g hydroseed mixtures and washing out hydroseeders and other equipment in or a�jacent to
surface waters is prohibited. [I SA 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 (inclading ar,y requireir�e:�ts resuiting from compliance tvith §303�c1) of t:�z Clean �%ater
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
tl-iat State cr federal law is being violatecl, ar t��at fi;rther �onr!itio[�s are recessaiy to assur� comnliance,
ihe NCDWR may reevaluate and �nodify i�;is certificat:oa. �iSA I�1C�:C 02B.�200]

13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [ i SA 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 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
1�. Th� outside buifer, �vetiar.d or water boundary Iocated within the consh•uction con-idor approved by this
aut�orization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless other«+isP authorized by this
certification. [15A NCAC 02H.0501 and .0�02] '
16. The issuance of this eertification does not exempt tlie Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soi] 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 oi discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the proj�ct (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 from road construction activities.[15A NCAC 02�i.0506(b)(3) and (c)(3)]
2(1. Erc�sion and sediment cor.t�ol practicPs mus± re in ful] compliance with al? specifica±icns ac�verhing the
proper design, installation and operation and maintenance of such Best Management Yractices 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 Contr•ol Planning ancl Design Manual.
b. The design, installation, oneration, and maintenance of the sediment and erosion control measures
must be such that they equal, or esceed, the requirements specified in the most recent version of the
No•rth Carolina Sedimer.t and E�•osion Ccntrcl Manual. 'rhe devices shall be mai.^.tained o:� all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owne� cr leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maii�tained in accordance with the most recent version of the North Carolina Surface
1�ilining Mamrai.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
appr�ved by this Certification. [15A 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
hearir.g. You may obtain the petition form from the office of Administrative hearings. You must file the petition
�:�itn the office of Administrative I�earings within six�y (oU) aays of receipt ot this notice. fZ �etirion is cansid,,red
filed when it is received in the office of Administrative Hearings during normal o�ce hours. The O�ce of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
fa� o�cial state holidays. The original aud one (1) copy of the petiti�n mus4 be filed �vith t�� Cffice o,
Adm;nis�•ative 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 Heazings
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. If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
Sincerely,
//��✓�i��i�" l " ^
�
�j�l S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC �N:ldlife Resources C�mmission
Fil� Co��y

Water Resources
ENVIRONMENi.4L OUALiIY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUfIt)':
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Certificate oiCompletion
Upon completion of all work approved within the 401 VJater 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
rnay �e r:,turn�d ta NCD`,�'R by th� applicant, the applicant's sut �o� ized ag:,nt, cr th�e praject enginecr. It is �ct
necessary to send certificates from all of these.
,4pplicant's Certifrcatioir
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 40] Water Quality Certification and Buffer Rules, the approved plans and
specifcations, and other supporting materials.
S;gnatui e: Date:
,4gert's C'zrt f�.:tia:.
I, , hereby state that, to the best of my abilities, due care and diligen�e
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
1, , as a duty 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 Ce��tification and Bufier Rules, the approved plans and �pecifications, and other supporting materials.
Si�natur� RFgistration No.
Date
S[�te of North Caroli�a IEnvirontr.ental Quvlih✓ 'i �Vat:.r Reseurces
tot7 Maii Service Center, Raleigh. North Carolina �7659-to17
Fhone:919-80�-6300