20160575 Ver 1_Approval Letter_20160624

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
DONA[,D R. VAN DER VAART
;. ����,-�;;,,�
S. JAY ZIMMERMAN
June 24, 2016
Macon County
NCDWR t'roje�t No. 2016-057�
Bridge 22 on US 4�1
TIP/State Project No. B-5125
APPROVAL of 40l WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Phillip S. Harris, III, P.E., C.P.M.
Natural Environment Section Head
1598 Mail Services Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
Bridge Replacement in Macon County:
5tream �m acts �n tne L�tt�e � ennessee tcrver tsas�n
Site Permanent Fill in Temporary Fill in ''Cotal Stream
Perennial Stream Perennial Stream Impact
��linear ftl flinear ftl � (linear ftl
� _S1 —� --------- ----iSG_ —�_ 15U �
� S2 150 ?50
S3 150 150
S4 150 � � 150
SS 150 150
S6 150 :50
S7 15Q 150
I50 �00 1U50
Total
Total Stream lmpact for Yro�ect: lUSU Imear teet.
The project shall be constructed in accordance with your application dated �une 7, 2016 After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3885,
3891 and 3893. This certificatian corresponds to the Nationwide Permits 13, 23 and 33, issued by the Corps of
Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your
project including �but not limited ta) Sediment and Erosion Control, Non-Discharge and Water Supply WatPrshed
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).
�ho>>Id ; our project ch�nge, y�u must notify the NCDWR and submit a new appl�cat�on. 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
tvith zll the c�nrl�tions. [f total wetlar.3 fi�ls for this pr�jert (naw or in th• fut�re? e,;ceed nne acrP, or of tota!
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 att�chsd certification(s) and any additiona! conditions listed belo�v.
Stata of Nortl: C:arolina IEuvironmental Qunliry'i Warer .�.e�auces
161� Mail Servi� CeniEr, Raleiyh. North Carolina 2i699-1617
?hone:319-&U?-630C

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
diamPter greater than 4$ in„hes, and 20 percent of the culvert diameter for culverts hzving a diameter
tess tnan 4a inches, to allow low flow passage of Nater and aquatic life. Design and placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manr_er tnat may result in dis-equil_ibriur:m 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 NCD WR. 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 deteimine whether or not a permit modification 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 swface waters due to the potential for elevated nH 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. [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
a�ua+..;� life passagP. [15A NCAC 0?H.Q506(b)(2�;
6. The Permittee sY:all ensare that the final design drawings adhere to the permit ar.d to the permit
tlrawings submittzd for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
7. All work in or adjacent to stream waters shall be conducte� in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
snch as sandbags, rock berms, cofferdams and other diversion structures shall be nsed to prevent
excavation in flov✓ing 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 contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[ 15A NCAC 02HA506(b j(3)]
10. No rock, sand or other ma±erials shall be dredged from the stream channel except where auth�rized by this
certification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing oat hydroseeders and other equipment in or adjacent to
surface watz:s is prol�ibiteu. �15E3 NCAC �2H.GSOti(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
c�uality standar3s (i�iclud;ng any reqkirements r�su;tirg �om romplianae with §3Q3(d) oft� e Clea:� Wat.,r
Act) and any other appropriate :zquirements of State and Federal law. iPthe N�DWR deten;�ines thar
such standards or laws are not bei.�g met ;including the fai�ure to sustair. a designated or achieved us�l 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 till 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)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addificn, the Water Quality Certification an� all subsequent modificati�ns, if any, ahall be maintair.ed with
the Division Engineer and the on-siie pro;ect manager. [15A NCAC 62H .0507(c) and ISA NCAC �2H
.0506 (b)(2) and (c)(2)]
15. T'he outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any Iand disturbing
activities. Impacts to arzas 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 requirements, etc.
17. T'he Permittee shall report any violations of this certification to the Division of Water kesources within
24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow ar 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( fl]
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associaied
with this permit without appropriate modificateon. Should waste or borrow sites, or access r�a�s to waste
er bo:row s�tes, �:.?cc�ted ?r. •Ne�l�.ncis or st*�eams, compeasat��-y m�tiga±ic�n w:l? b� rel�arvd �:nce that �s
a direct impact from road construction activities.[15A NCAC 02H.0506(bl(3) and (cl(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 [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 Curolina Sediment and
Erosion Control Planning an�Design Massual.
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 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 sed�ment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
� with the requiremer.ts of the Sedimentation Pollution Control Act.
21. Sediment and erosion control r.ieasures shall not be placed in wetlands or waters unless otherwise
approved by this Certi�cation. [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. You may obtain the petition form from the office of Administrative hearmgs. You must file the petition
with the office cf Adminis�raiive ��ea`rings :vit�in sixty (CO) days of receipt �f th:s notire. A petition �s consi�ere�i
filed when it is r�ceived ;n th� office af Adm;r►�strative I��arings �uring n�rmal ofFice hocvs. 'i'he Office of
Administrative Hearir.gJ NCCLpts tilings Mon�ay through Friday �etween the ho�.u-s of 8:OOam anr� S:OOpm, except

for official state holidays. T'he original and one (1) copy of the petition must be filed with the Office of
Adrninistrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Ot�ice of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of AdministraEive Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (9191431-3100
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,
S 5���'����-
�
S. Jay Zimmerman, Director
Division of Water Resources
�.lec:��on;c �.op�� or_l�� dissribaiion:
I.ori Be�kwiih, i JS Army Corps of Engineers, Asheville Fielci O�ce
Mark S. Davis, Division 14 Environmental Officer
Carla Dagnino, NC Department of Transportation
Marla Chambers, NC Wildlife Resources Commission
File Copy

Water Resources
ENVIRONMENTAL �UALITY
NCDWR Project No.:
Applicant:
�roject Name:
Date of Issuance of 401 Water Quality Certification:
COUIlty:
PAT MCCKUKY
DONAI,D R. VAN DER VAART
ti. JAY 'I,IMMF,Rh1AN
Certificate of Conipletion
Upon comp?etion 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, NC, 27699-1617. This forn
r:�ay be ceturned to t�'�D`J'JR by th� applica��t, th�e ap�licant's autha; ize.a. agent, or the �rajzct eng�nce.. [t is nat
necessary to send certificates frorn all of these.
ApplicanYs 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 Quality Certification and Buffer Rules, the approved plans and
specifications, and other s�ipporting materials.
Signaturz: Cate:
Agart's Certif:c�ticn
I, , hereby state that, to the best of my a�ilities, 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 othe; supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
[, , 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 anci Buifer Rules, the approved plans and specifications, and other su�porting materials.
Signatiire Registration TJo.
Date
S[ate of Ncrth Cazo�ir,a IEnvironmer.tal Qualit} 'i Water Resoivices
1617 Mail Servii:2 Center, Raleigh, iJorh Carolina 27699-16' i
PY;ooe: 9' 9-807-6;i0U