20160401 Ver 1_Approval Letter_20160624

Water Resources
ENVIRONMENTAL OUALITY
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Er.vironmental Analysis
North Carolina Department of Transportation
I59$ Maii Service Center
Raleigh, North Carolina, 27699-1598
��T Mccx�xv
DONALD R. VAN UFR VAAR"I'
June 24, 2016
;: ,<,.,,,
S. JAY 'LIMMFRMAN
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL COIv'DITIONS for Proposed improvements to NC 6� in Buncombe County,
Fe�eral Aid Yreject No. STY-63(1), TIP U-��Ol .
NCDWR Project No. 2016-0401
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQC004061 issued to The North Carolina Department of
Transportation (NCDOT) dated June 24, 2016.
[f we can be of further assistance, do not hesitate to contact us.
Sinc.erely;
� C==�=1�lit.V
-��
S. Jay Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Fnvironmental Officer
Rodger IZochelle, NC Department of Transportation
Carla Dagnino, NC Department of Transport�tion
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
S[ate ot'Nonh Carelina ;rnviroiunental �:ality � oVater Resoivces
1617 hlail Servicz :,enier, Raieich, Neih i,arui�na 2/599-to i i
Phone:[phone]

401 Water Qualiiy Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONA�L, CONl?ITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Resources
(NCDWR) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.07
acres of jurisdictional wetlands, �.10 acres of open wat�rc, and 4,033 lin�ar feet of jurisdiction�.l streams
in Buncombe County. The project shall be constructed pursuant to the application dated Apri122, 2016.
The authorized impacts are as described below:
Stream Im acts in the French Broad River Basin
Site Permanent Fill in Permanent Temporary Total Stream
Intermittent Stream Fill in �ill in Sta�eam Impacts
(linear ft) Perennial Perennial Impact Requiring
Stream Stream (linear ft) Mitigatio
. (linear ft) (linear ft) n (linear
,
ft)
1 427 45 472 427
2 20 10 30 20
3 364 364 364
4 195 20 215 195
5 210 20 230 210
F i 37^ l� � 386 37�
? i28 3 131 128
7A 333 20 353 333
8 10 10 20
9 396 24 420 396
10 46 9 55 46
11 , 663 � 663 663
13 247 158 405 247
13A 115 115 115
14 507 20 527 507
115 3,786 353 4,033 3,901
Total
Total Stream Impact foa- Projeci: 4,(�331inear fee�

Total
�
'etland Im acts in the French Broad River Bas
Snt� Fill Total
(ac) Wetland
Impact
(ac)
3 o.as o.os
3 0.01 0.01
12 <0.01 <0.01
13A <0.01 <0.01
0.07 0.07
Total
in
Total Wetland Impact for Project: 0.07 acres.
Water Impa�ts in the French Broad Itiver Basin
Site Permanent Fill in Total Fill in Open Waters
Open Waters (ac) (ac)
P1 I 0.10 I 0.10
0.10 I 0.10
Total Open VVater Impact for Pro�ect: 0.10 acres.
The application provides adeq�a�e assurance that the discharae of fill material into the ��aters of the
French Broad River Basin in conjunction with the prop�sed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if condu�ted in accordance with the application and conditions hereinafter set
forth. .
This approval is only valid for the purpose and design that you submitted in your application dated April
22, 2016. Should your project change, you are required to 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 responsible for complying with all the conditions. If any additional wetland impacts,
or stream impacts, for this project (now or in the future) exceed one acre or 1501in�ar feet, respectively,
additional compensatory mitiaation may be required as described in 15A NCRC 2H .0505 (h) (6) and (7).
For this approval to remain valid, you are required to comply with all the conditions listed below. In
addition, you should obtain all other federal, state or local permits before proceeding with your project
including (but not limited to) Szdirnent and Erosion contral, Coastal Stormwater, Non-discrarge and
Water Supply watershed regulations. This Certification shall expire on the same day as the expiration
date of the correspondina Corps of Er.gineers Pernit.
C31i�jtlaid��j O�CE9'ti���il���
Unless otherwise approved in this certification, nlacement of culverts and other structures in open waters
at�d streams sliall be Flaced �elo�� the elevation of the streambed'ay ar�e foGt ior a? s culverts with a diaineter
greater than 4$ inches, and 20 percent of tlie culvert diameter for calverts having a diameter less than 4$
inches, Yo a1_low low flc,w passage of water and aquatic 1ife. Design and placzment of culverts and other

structures including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium c�f ��vetlands or str�ambeds or banks, adjacer.t to or upstream and down stream 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 permit modification will be required. [15A NCAC 02H.0506(b)(2)1
1. 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 cor�tacts 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]
2. During the construetion 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)]
3. 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.0505(b)(2)]
4. 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)]
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
dra�vings submitted for appr�val. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .OSOE (b)(2)
and (c)(2)]
6. �11 work in ar adjacen� to stream waters shali be conaucted in a dry worx area. Approved BIvIF
measures from the niosr current version of NCDOT Construction and Mainten�nce Activities
manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowuig water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
7. Heavy equipment sha�l be operated from the banks rather than in the stream channe? in order to
ininimize sedimentation and reduce the introduction of other pollutants into the stream. [15A
NCAC 02H.0506(b)(3)]
8. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. [15A NCAC 02H.0506(b)(3)]
9. No rock, sand or other mat�rials shall be dredged from the st:eam channel except where authorized
by this certification. [15A NCAC 02H.0506(b)(3)]
10. Discharging hydroseed mi�tures and washing out hydrosee�ers and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
11. The permittee and its authorized agents shall conduct its activities in a manner consistent with State
�vate� q��ality stanlards {ir�cludi;ig any require�nciits resultiilg from con7plianci wi�l? �303(��) of the
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 �chieved use) or ihat �tate a: federal la�� is being violated, or tl�at furrther cond�tions are �:ecessary
to assure ccmpliance, the NCDWR may reevaluate and modify this certificaiion. [, SA NCAC
02B.020�]

12. Ali fi11_ slopes 1_�cated in jurisdict:onal wetlands shall be p]aced at slopes no flatter than ?:1, nnless
otherwise authorized by this certification. [l5A NCAC 02H.0506(b)(2)]
13. 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 L�ivision Engineer �nd the on-site project manager. [] Sfi NCAC Q2H .OSl�7(c; and 15A
NCAC 02H .0506 (b)(2) and (c)(2)] �
14. The outside buffer, wetland or water boundary Iocated.within the construction corridor approved by
this authorization, including all non-commercial borrow and �=�aste sites associated with the project,
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification. [: SA NCAC
02H.0501 and .0502] �
15. 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 requirements, etc.
16. 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)]
17. 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 ;�vork includzd in the 401 Certification has been completed.
[15A NCAC 02H.0502( fl] �
i 8. There shali be no excavation from, or waste disposal into, j urisdictional wetlands or waters associated
with this permit without appropriate modiftcati�n. Should vt�aste or bo:row 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 02H.0506(b)(3) and (c)(3)
19. Erosion and sediment contro? practices must be in full complianc� with all specifications governing
the proper design, installation and operation and maintenance of such Best I�ianagement 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 Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and mair.tenance of the sediment anc! erosion control
measures must be such that they equal, or exceEd, the requirements specifi�d in the most recent
version of the North Cas°olina Sediment und Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned ar leased borrow pits associated with the project.
c. For boc-row pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in ac�ordance with the most r�cer.t version of the North Carolina
Surface Mining Maraual.
�. Tl-ie *eciatnation r��easures an� impP�iai��cati�u int2st co;nply ��-ith ihe reciamati��n ir.
accordance with the requirements of the Sedimentation Pollution Control Act. -
ZG. Sedirneni ar.d erosion control measizres shaii not �e �la�ed in wetiands or �vaiers unl�ss other�r�is:
app�oved by this Ce�tification. [15A NCAC 02H.0506(b}(3) and (c)(3}

Violations of any condition herein set forth may result in revocation of.this Certification and may result in
criminal �nd/or civil penalties. This Certification shall become n�.�ll and void unless the above conditi�ns
are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative nearing. You may obtain the petition form from the office 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 Hea�ings accepts filings Monday through
Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one
(1) copy of the pztition 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 O�ce
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 the 24th day of June, 2016
DNISION OF WATER RESOURCES
� -���p�nac�t'z.
�
S. Jay Zimmerman, Director
WQC No. 004061

�:
Water Resources
ENVIRQNMENTAL OUALITY
NCDWR Project No.: County:
Applicznt:
Praject Name:
Uate of Issuance of 401 Water Quality (;erti�cation:
PA'T MCCRC)RY'
I)ONALD R. VAN DER VAAR1
,
S. JAY Z,IMM�RMAN
Certifcate of Completion
Upon completion of all work approved within the 401 Vdater Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
�Tnit, North �arolina Divisian o: Wuter Rescurces, 161', �4ai1 Servi�� �enter, 2aleigh, Iv`C, 2?699-:�1?. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
r.ecessary ta send certificates from all of these.
Applicant's Certification
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 Qnality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Sibnstlr�: �aie:
Agent's Certlfication
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that ihe cunstruction was observed to be built within substaniial
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
Partial Final
I, , as a duly registered Professional Engineer in the State of 1�1orth
Carolina, having been authorized to observe (periodically, eveekly; full time) the construction of the project,for the
Fermittee nereby state that, to the best of my aoilities, due care and diligence was used in the observation of the
cor.struction 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.
Sianature Registration No. Date
State of North i arolir.a IGmiror,mental Qnality � W a�er R.esources
16 �; fvsail Service Cente�. Raleigi,. Norfn Carc�inz 276?9-16i7
Pnone�5�9-Go7-o36G
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