20160577 Ver 1_Approval Letter_20160624

�� �" �
� ,�
� ��
Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
UONALD R. VAN D�R VAART
S. JAY ZIMMERMAN
June 24, 2016
Henderson County
NCDWR Project Na 2016-0577
Bridge 73 on SR1125
TIP/State Project No.
APPROVAL of 401 WATER QUALITY CERTIFICATION, (NEUSE/TAR-
PAMLICO/CATAWBA/RANDLEMAN7 BUFFER AUTHORIZATION, and 1SOLATED WETLANDS
PERMIT Pursuant to IWGP100000 with ADDITIONAL CONDITIONS
Mr. David McHenry, Division Environmenta: Specialist
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. McHenry:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Henderson County:
Stream impacts in the French Broad River Basin
r Site Permanent Fili in—�Temporary Fill in Total Stream
Perennial Stream ' Perennial Stream Impact
linear ft linear ft linear ft
S1 46 46
S1A 120 120
S1B 30 30
S 1 C 35 35
S2 20 20
S2A 30 30
131 150 281
Total
Total Stream lmpact tor rro�ect: itsiunear teet.
The project shall be constructed in accordance with your application dated June 8, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certification corresponds to the Nationwide Permit 14 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 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, }rou must netify the NCDWR and submit a new application If the property is sold, the
new owner must be given a copy of this Certitication 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) exceed one acre, or of total
impacts to streams (now or in the firture) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .OSU6 (h) (6) and (7). For this approval to remain valid, you must adhere to the
Sate aY North Carolina IF.nvironmeatal Quality � Water Re�urces
1617 Mail Service Csnter, Raieigh. North Carolina 27o9�i617
Fhore�9i3-8U�-6300
�..,.,.. .. ..,w _..>,..a,. , ,
�., _ . .: . ... , .
k
� . � . . . . . ..
,,:..:,.. ._�,.....,, _.._:-,.__-.,,..>.�,,W,��.;.:.t

conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
General Conditions
�. Uniess etherwise approved in this certification, placement of c�h�erts and other structures in open waters
and streams shall be placed beiow the elevation of tne streamben �y one foot for all culverts wi"rh a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diair�eter
less than 48 inches, to allow low fl�w passage of water and a�uatic life. Design ar.d 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 NCD WR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact NCDWR far
guidance on ho�� to proceed and to determine whether or not a p�rmit 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 surface waters due to the potential for elevated pH and pc�ssible aquatic life and
fish kills. [15A NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is pernutted in waters of
the U.S., ar protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. T'he 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 r;p_rap above the N�rm�l Hi�h ��Va±er �rTark shall bP mini.mi?ede _A_r.y rip-rap pl�ced fer
stream stabilization shall be placed in stream channels in such a manner that it does not impede
a;uatic ?iie 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(cj and 1�A NCAC 02H .OSU6 (b)(2) and
i�)c2)� �
7. All work ir� or adjacent to stream waters shall be conducted in a d.ry work area. Approved BMP
measures frorn the most csrrent version ofTICDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shal� 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 introducti�n of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. Ali mechanized equipment operated near surface waters must be reguiarly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand er other materials shall be dredged from the s�eam 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 perniittee and i'rs authorized agents shald conduct its activit�es in a manr�er �.onsistent with State water
quality standards (including any requirements resulting from compiiance with §303(d) ofthe Clean �Vater
P ct) and any other appropriate requirements of State a:�d Fe�erai law. If the N� DWR determines that

such standards ar 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. f] SA 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)(2)]
14. A copy of this V�later Quality CPriification shall be mali.tai^ed on the construition site at all times. In
addition, the v��ater Quali'ry Cenification and all subsequent modifications, if any, shail be maintained with
the Division Engineer and the on-site projec� inanager. [ISA NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)�2) and ��)�2)l
15. The outside buffer, wetland or water boundary located within the construction corridar approved by this
authorization shall be clearly marked by highly visible fencir�g 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, stormw�ter management
rules, snil erosion and sedimentation control reauirements, etc.
17. 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)]
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
02H.0502( fl] ,
19. T'here shall b� no excavation from, or waste disposal into, ji�risdictional wetlands or waters associated
v�ith this nermit wi±hc�u± aa�rorria±� :no�ifi��tion. �hould �a�uste nr bo:row sites, or �rcess roads t� was±�
or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is
a direct :mpact fram road construction activities.[15A PdCAC 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 [15A NCAC 02H.0506(b)(3) and (c)(3]):
� a. Tiie erosion and sediment control measures for the pt-oject must be designed, installed, operated,
and :naintained in accordance with the most recent version af the Narth Carolina Sedir.tent and
Erosion Control Planning and Design 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 speci_fied in the most recent version of the
North Carolina Sediment and Ervsion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projeets, including contractor-owned or leased
borrorv 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 version of the North Carolina Surface
Mining Manual.
d. 'The reclamation measures and implemer.ta±ion must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control meas•ares shall not be placed in wetlands or waters unless otherwise
approve:i by tnis Certiiica�ion. �i5a NCAC 02Y.G506(bj(3; ai�d �c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtair. r_he petitiUn ;onn fro�n the r�ff�ce of A�mir,is�.ative hearings. Y�a !n��st :ile the peti�ion
w:th +he office of A d�rzinistrative I�earings within six_'ry �60} days of rece4pt of this notic�. � petition is considersd
f led ��hen it is received in the office of Administrative Hearings during n�:7ma] office hours. The Office of
Adminisrrative Hear;r.gs accepts fi?ings Monday thraugh rriday between the hours of 8:OOam and S:OOpri�, except

for official state holidays. The original and one (1) 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 Uffice 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
67i4 Mail Service Center
Raleigh, NC 27699-6714
Te?ephone: [phone], Facsimile: (919) 43I-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmenial 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,
SS
S. Ja�immerman, Director
Division of Water Resources
�1e�tr�nic :.o�ry or�ly dissribt�ticn:
Lori Beckwith, iTC _qrn,y Corps of Engineers, Asheville Fiei_d Offce
Mark S. Davis Division 14 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
File Copy

�, ��
i
�
� ���
Water Resources
ENVIRONMENTAL OUl�LITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COURtj :
�AT� Mccxoxv
[)ONALU R. VAN UF;K VAART
;�-�,�-r-,,,�
S. JAY 'LIMMERMAN
i � ri�.;_�I; ,
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Bu�er 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
r.iay �e returned to NCDWR by the applicant, the spplicant's authorizcd agent, or the project enginee.-. It is not
necessary to 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 Quality Certification and Buffer Rules, the approved plans and
�pecifications, and other supporting materials.
Signature: Date:
Agen:'s Cert.'ftration
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 supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , 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 materials.
Signature Registration No.
Date
State of North Carolins �Environmental Quality j Water Re.cources
1617 Mail Service Center, Ralegh. Norlh Ca�olina 2769�1617
Fnone� °t��-8���'-c:j�G
�„ . . _ .. . . ,- .. ...---r�w:.w: - ... . -nw..... . . .. . -...r .. . . . . . . . . . . _ . . .. . .
�..�,�._...�....r.._z�..,.'�"�.y..��_,�,..y,.a. _.'___ .
�' . . . ....,...�..'..v.:.:.�.._.....:;�.:ac_ewut.r_n:...:�.�:-.✓tac.e:�-aza-•c.s_� � '+� �lia�