20160356 Ver 1_Approval Letter_20160324

Water Resourc c-s
ENVIRONMENTAL OUP,LIiY
APPROVAL of 401 WATER QUALITY CERTIFICATION
Mc David McHenry, Environmental Specialist
NCDOT, Uivision 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. McHenry:
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May 24, 2� 16
Clay County
NCGWR Project No. 2016-0356
Rridge 76 on SR 1326
State Project No. 17BP.14.R.88
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Clay County:
Site
Sl
SlA
S1B
S1C
S1D
SlE
Total
Stream Im acts in the Hiawassee River Basin
Permanent Fill in Temporary Fill in Total Stream
Perennial Stream Perenniai Stream Impact
(linear ftl � (linear ftl (linear ftl
---- aG--1----7-- ----�-----4� ----
----- �---------
— � !20 I 1^�
25
15
15
95
60
180
Total Stream Impact for Project: 275 linear feet.
60
25
15
15
275
The project shall be constructed in accordance with your application dated April 1 I, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Cer[ification Number 3886.
This certitication corresponds to the Nationwide Permit 14 issued 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 accomranying 404 nermit.
This approval is valid solely for t�he purpose and design described in your application (unless modified below}.
Should your project change, you must notify the NCDWR and submit a new application. [f the property is sold, the
new ow�ner must be given a cc�py of this Certification and approval letter, and is thereby responsibfe for complying
with all the conditions. lf total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts t� streams (now or in the future) exceed 150 linear feet, compensatory mit�gation 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 ir the attached certification(s) and any additioral conditions listed below.
Sta[e of Nonh Carolir.a !�reironmenta! Quality i Watzr;tesources
161 i Mai; Service Cenier, Raleigh, No�th Carolina 27699-161 i
Phone:9?9-aCi-6300

Condition(s) of Certification:
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 allew lo�a� :low passage ef water and a�uatic life. Design and placement of
cuiverts and o±her structures including temporary erosion controi measures shali not be cenducted ui a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and do�msiream of the above structures. The applicant is requred to provide evidence that ±he
equilibrium is being maintained if requested in writing by NCDWFc. 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 nat a permit r.iodification will be 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 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. [] SA NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permirted 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. [ 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 nassage. [l5A NCAC 02H.0506(b)(21J
6. "I'he Permittee shall ensure that the fmal design drawings adhere to the permit and to the perriit
drawings submitted for approval. [:SA NCAC 02H .0507(c) and i5A NCAC 02H .05�6 (b)(2) and
(�)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures $�om the most current veision of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavatien in flowiiig 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)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contaminatic�n 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)]
I 1. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters :s prohibited. [: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 (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Actj and a7y� otl�er appropriate requirements of State and F�1e;al law. ?f rhe NCD��'R detennines tha�
such sta�dards or iaws are not beii�g met (including the failure to sustain a designated or achieved use) or
that State or fecleral law is being violated, or that further cor.ditions are necessary to assure comnliance,
ti�e PdCDW2 may reeval�iate and maclify this certification. f 15A 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 certification. [15A NCAC 02H.0506(b)(21]
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)]
i 5. The outside buffer, wetland o; water boundary located within the construction corridor approved by this
authorization shall be clearly marked by hi�hly visib!e fencing prior to any land disturbing
activities. Impacts 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,
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, soil erosion and sedimentation control requiremer_ts, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources with'vi
24 hours of discovery. [15A NCAC 02B.0506(b)(2)1
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
ozx.oso2(fl�
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 bonow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from roacl construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
2U. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, insta:lation 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 controi 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 Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measu;es
must be such that they equal, or exceed, the requirements specified in the most recer.t version of the
North Ca�•olina Sediment and Erosion 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 control measures must be designed, installed,
operated, and maintained in accordance with the most recent versien of the North Carolinn Sarrface
Mining Manual.
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 �vetlands or waters unless otherwise
approved 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
hearing. 'Y ou may obtain the petition form from the ciiice oi Adm�iris[rative hea: ings. Y�u must f le the petitian
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
Adr�in�st; ativ� Hearings accepts filings IVlonday thrcugh Frida�✓'uetween the hours of 8:�Oam ai�d S:OOpm; except
fo. officia� statti. t,o�idays. The origit�ai and �i,e (1) �opy of the �etitior� m�ist be filed wit.h the Office oi�
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 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:
N1r. 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,
/���0�2��
�u S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
1�4arla Chambers, NC Wildlife Resour�es Corr�mission
P;le C�py

Water Resources
erdviaor�r�tN t a� �ur..� T v
NCDWR Project No.:
Applicant:
Project lYame:
Date of Issuance of 401 Water Quality Certification:
COUfIt)':
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UON.AI I) It �";1'�' I!I�,I? �' �111Z�1'
�. JAY %IMMI;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, I�IC, 27699-1617. This form
may be r.,turnzd to NCDL'✓R by ,he zpplicart, the applicart's authorized ugent, ar the p�cject angineer. It is nct
necessary to send certificates from all of these.
Applicant's Certification
l, , 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 cupporting materials.
Signatare: Datc:
.9gent's Cer:if�utio :
1, , hereby state that, te 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 buift 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 Certifrcation
Partiai Final
1, , 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 rnaterials.
Signature Registration No.
Date
S[2t� oi North Carolina ,Fm iron!nenta; Quaiity 4 b1 ater Resources
i6i 7 Mail Service Cer�ter, Raleiyh, fJorh Carolina 27699-161 i
Phone.919-80%-6300