20140033 Ver 2_Approval Letter_20160624

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
DONAL,D R. VAN DFR VAAR"f
s�.:, �� �-,; ,
S. JAY Z,IMMERMAN
JUriO 2�, 2�16
Naywood County
;1CDWR Project No. 20;4-0033 v.2
US 19/23/74 NC209 Interchange
TIP Project No. R-4047
APQROVAL of 4J1 WATER QUALIT�' CERTIFICATION, with ADDITIONAd� CONDITIQNS
Mr. Mark S. Davis, Environmental Supervisor
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Davis:
You have our approval, in accordance with the conditions listed below, for the following modification to impacts for
the purpose of interchange improvements in Haywood County:
Stream Im acts in the French Broad Itiver Kasin
Site Permaneut E'ill in iemporary Fill in Total Stream
i � Perennial Stream PerQnnial Streasn � Impact
�______ __ _(lir.ear_ftj _ � (linear ft� �linear ft) �
S2 45 45
S3 _ 112 _ 112
S3 48 48
S4 14 14
SS 182 182
S6 5 5
S6 20 20
USI 1G 10
131 305 436
Total
Total �tream Impact for Project: 436 linear feet.
Wetland Im acts in the French Broad River Basin
Site � Mechanized Total Wetland
� Clearin �ac) Im act (ac)
W1 0.01 0.01
0.01 0.01--
Total
Total Wetland Impact for Project: 0.01 acres.
7 he Nroject sha{l b� constructed �n accardance with your applicatian uatzd "�Iay 25, 2015. After rzv�eiving your
application, we have decided that these impacts are covered by General Water Ouality Certification Number 2884
and 3886. This certification corresponds to the Nationwide Permit 12 and Nationwide Permit 14 issued by the
��r�,s o. �,ngineers. ir ad�itioa, you si�ould acquire a►�y �t��er federal, ;tate c�r 1_oi;al p��mits befo_re you pt�oce?d
�,�itn youi �roject inclu�Jinb ��ut not limitPd toj Se�imer.t and Er�;��n Contrcl, N�n-Discharg� and Wate�• Supply
State o; NortY Carolina IEnvironme��tal Quality i�Vater Resources
1617 Mail Service Cenfer, Raleigh, �Jo1h Caroiina 27699-1617
Phone: �L'-gp;�-63uG

Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely far the purpose and design described 'm 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 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 future) exceed 1501inear feet, compensatory mitigation may be required as
descril�ed in 15A 1`TCAC 2H .OSQ6 (h) (61 and (7). Far this approval to remai.� valid, �ou must ��here t� tne
conditions listed ir. ihe attached certification(s j and any addiiional conditior�s listed'oelow.
Condition(s) of Certification:
General Conditions
1. Unless otherwise approved 'ui this certification, placement of culverts and other structures in open waters
and streams shall be pl�ced below the elevation of the streambed by one foot for all �ulverts 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 in dis-equilibrium of wetlands or streambeds or banks, adiacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintain�d 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)]
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. f 15A NCAC 02.6.0200]
3. During the construction of the proiect, no staging of equipment of any kind is permitted in waters of
tl:e U.S., or protected riparian buffers. [ 15A NCAC 02H.0506(b j�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 Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be �laced 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 final design drawings adhere to the permit and to the nermit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
i���2),
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 Consiruction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing wa+er. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equi�ment 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
G2t-1.05G6(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contar.�i-,ation of stream waters ii-am fuels, h�brieants, hydraulic fluids, or ether to�c r.tuterials.
[1�A?1CAC 02H.0506(bl(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)j
1 L 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. T'he permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirzments resultir.g from compliance with §303(d) ofthe Clean Water
Act} and any ott►er appropriate requirements of State and Federal law. If tne NCDVVk detennines that
such standards or 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. [ 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)(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)]
15. The outside buffer, wetland or water bour�dary located within the construction corridor approved by this
authorization shall be clearly marked by higt►ly visible 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 ardinances 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.
??. The Per_mitte� �hsll report an;� violzticns of±his certification to the Piv:sion of Wa.ter Reso�lrces 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. 'I'here shall be no excavation from, or waste d�sposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste ar 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 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. 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 maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specitied in the most recent version of the
1Vorth Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
cons�-uction s►tes, borrow sites, and waste pile (spail) projects, including cantraetor-o�vned 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 ac�ordanre with the most recent versi�n of the Nor•th Carolira Sv_rfacr�
Mining Mar.ual.
d. The reclamation measures and implementation must comply witt► the reclamatior. in accordance
with the requirPments of the Sedimentation Pollution Control Act.

21. Sediment and erosion control measures shall not be placed in wetlands 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
heazing. 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 affice of Administrative Hearings during normal offi�e hours. Tl:e Office of
Administraiive Heazings accepts filings Monday thruugh Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
T'he 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.
'I'he mailirig address for lhe 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
Deparhnent 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].
Sineerely,
V, JC�
�
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 Wildlife Resources Commission
File Copy

; ;:
Water Resources
ENVIRONMENTAL OUALITY
NCDV1-'R Project No.:
Applicant:
Project Name:
Date of [ssuance of 401 Water Quaiity Certification:
COUIIt�':
PAT MCCRORY
DONALD K. VAN DER VAAR'I�
S. JAY ZIMMERMAN
Certificate of Campletion
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 ceRificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This farm
ma-y be returr.ed tc 1�'CDI�✓R by t�e app:i��-�t, t:�e ap�li�ar,t's author�zed agent, or the project enginee;. It is r,�t
necessary to send certificates from all of these.
Applicant's Certification
[, , 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 supporr.ing materials
Signature: Date:
�ges.t's Cs;ti�lcat:cn
I, , hereby state that, ±o t?:e best ef 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
Fartial 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
Fermittee hereby stat� 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
Vb'ater Quality Certification and Buffer Rules, the ap�roved plans and specif;cations, and other supporting materials.
Sianat,are Registration No.
Da'e
Sate ef North :.'arolina ��:nvironmcntal Quality � Water Kesa!rezs
10 i7 Mal Service C2Ner, Raleigh, North Carolina 27693-101 i
Phpne Si9-30?-53Q�J