20160680 Ver 1_Approval Letter_20160725

Waier Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
l;overnor
DONALD R VAN DER VAART
.�•��������u�-�
S JAY ZIMMERMAN
lhreclor
July 25, 2016
Clay County
NCDWR Project No. 2016-0680
SR 1305 - Repaving
State Pro�ect No 14.202211
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Dav�d McHenry
NCDOT, Drvision 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr McHenry
You have our approval, m accordance w�th the condrtions l�sted below, for the followmg impacts for the purpose of
road repavmg in Clay County�
Stream Im acts m the Hiawassee River Basin
Site Permanent F�II �n Temporary F�II m Total Stream
Perenn�al Stream Perennial Stream Impact
Imear ft linear ft Lnear ft
4 10 ��
4A 60 60
6 13 13
6A 55 55
7 14 14
7A 60 60
7A 11 11
7AA 55 55
13 8 g
13 A 70 70
14 -4 -4
14A 65 65
15 0 �
15A 75 75
16 4 4
16A 60 60
17 6 6
17A 80 80
18 0 0
18A 55 55
19 13 13
19A 65 65
20 4 4
20A 90 90
22 20 20
22A 75 75
23 14 14
State of North Carolina IEnvironmental Quahty � Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone.[phone]

23A 65 65
24 9 9
24A 65 65
26 12 12
26A 100 100
26B 106 106
26C 150 150
240 1,245 1,490
Total
Total Stream Impact for Project: 1,4901inear feet.
The project shall be constructed in accordance with your application dated July 11, 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, 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 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 attached certification(s) and any additional conditions listed below
Condition(s) of Certification.
General Conditions
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 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, 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 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. [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
aquatic life passage. [15A NCAC 02H.0506(b)(2)]

6. The Permittee shall ensure that the final design drawings adhere ta the permit and ta the permit
drawings submitted for approval. [15A NCAC 02H 4507(c) and 15A NCAC 02H 0506 (b)(2) and
(C)(2)l
7 Aii wark in or adjacent to stream waters shail be conducted in a dry work area. Approved BMP
measures from the most current version ofNCDQT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water [1SA NCAC 02H.0506(b)(3) and (c)(3)j
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentatian and reduce the introduction of other poilutants inta the stream. [15A NCAC
02H.0506(b)(3)]
9 All mechanized equipment aperated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[ISA NCAC 02HA506(b}(3}]
10 No rock, sand ar other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)1
11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters rs prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner cansistent with State water
quality standards {including any requirements resulting from campliance with §303(d) af the Clean Water
Act) and any ather 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 achieved use) or
that State or federal law is being vrolated, or that further conditions are necessary to assure compliance,
the NCDWR may reavaluate and madify this certification. [ISA NCAC 02B 0200]
13 All fill slopes located in jurisdictional wetlands shall be placed at slapes no flatter than 3 1, unless
otherwise authorized by this certification. [15A NCAC q2H.0506(b)(2)]
14 A copy of this Water Quality Certification shall be maintained on the construction site at ali tirnes. Tn
addition, the Water Quality Certificatian and a]i subsequent modifications, if any, shall be maintained with
the Division Engineer and the an-s'rte praject manager [15A NCAC 42H .OSQ7(c} and i5A NCAC 42H
0506 (b)(2) and (c)(2)]
15 The outside buffer, wetland or water boundary located within the construction corridor approved by this
autharization shall be clearly marked by highly visible fencing prior to any Iand disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise autharized by this
certificatian. [ I SA NCAC 02H.OSQ 1 and .0542]
16 The issuance of this certification does not exernpt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be irnposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, inciuding but not limited ta applieable buffer rules, stormwater management
rules, soil erosion and sedimentation cantrol requirements, etc.
17 The Permittee shall repart any violations of this certificatian to the Division oi' Water Resources within
24 haurs of discovery [15A NCAC 02B 0506(b)(2)]
18. Upon completion af the project (including any impacts at associated borrow or waste sites}, the NCDOT
Division Engineer shalI camplete and returti the enclosed "Certification of Completion Farm" to notify
the NCDWR when all work included 'zn the 401 Certificatian has been completed. [15A NCAC
02H.Q502{fj]
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 barrow sites, or access roads to waste
or borrow sites, be Iocatad 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 comphance with all specifications governmg the
proper design, mstallation and operation and mamtenance of such Best Management Practices m order to
protect surface waters standards [15A NCAC 02H 0506(b)(3) and (c)(3])
a. The erosion and sediment control measures for the pro�ect must be designed, u►stalled, operated,
and maintained in accordance wrth the most recent version of the North Carolma Sediment and
Erosion Control Planning and Design Manual
b The design, mstallation, operation, and mamtenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified m the most recent version of the
North Carolina Sediment and Erosron Control Manual. The devices shall be maintained on all
construction sites, borrow srtes, and waste pile (spoil) pro�ects, mcludmg contractor-owned or leased
borrow prts associated wrth the pro�ect
c For borrow pit sites, the eros�on and sediment control measures must be designed, mstalled,
operated, and mamtamed in accordance wrth the most recent vers�on of the North Carolrna Surface
Mining Manual.
d The reclamarion measures and implementahon must comply wrth the reclamation m accardance
wrth the requ�rements of the Sedimentation Pollution Control Act
21 Sediment and erosion control measures shall not be placed m wetlands or waters unless otherwise
approved by this Certificarion [15A NCAC 02H 0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Cert�ficahon you must file a petition for an admmistrative
hearuig. You may obtain the petition form from the office of Admmistrahve hearmgs You must file the petition
with the office of Admmistrative Hearings within sixty (60) days of receipt of this not�ce. A petrtion is considered
filed when it is received m the office of Administrative Hearmgs durmg normal office hours The Office of
Admmistrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5•OOpm, except
for official state holidays T'he origmal and one (1) copy of the petition must be filed wrth the Office of
Admmistrative Heanngs
The perition may be faxed-provided the ongmal and one copy of the document is received by the Office of
Admmistrahve Heanngs withm five (5) busmess days followmg the faxed transm�ssion
The mailu►g address for the Office of Admmistrat�ve Heanngs is
Office of Admmistrative Hearmgs
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 Env�ronmental Quahty
1601 Mail Service Center
T'his letter completes the review of the Drvision of Water Resources under Section 401 of the Clean Water Act If you
have any questions, please contact Kevm Barnett at [phone] or kevm.barnett@ncdenr gov
Smcerely,
�� �
S Jay Zimmerman, Director
Division of Water Resowces
Electromc copy only distribution
Lon Beckwrth, US Army Corps of Engmeers, Asheville Field Office
Marla Chambers, NC Wildhfe Resources Commission
File Copy

Warer Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Appl�cant.
Pro�ect Name:
Date of Issuance of 401 Water Quality Certification:
COUIIt)':
PAT MCCRORY
<,���em��,�
DONALD R VAN DER VAART
���-�,��-«,���
S. JAY ZIMMERMAN
1)�recrur
Certificate of Complet�on
Upon complet�on of all work approved within the 401 Water Quality Cert�fcation or apphcable Buffer Rules, and
any subsequent modificat�ons, the appl�cant is required to return this certificate to the 401 Transportat�on Perm�ttmg
Umt, North Carolina D�vision of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the appl�cant, the appl�cant's authonzed agent, or the project engmeer. It is not
necessary to send cemficates from all of these
Applecant's Certcfccation
I, , hereby state that, to the best of my abilities, due care and d�l�gence
was used in the observation of the construction such that the construct�on was observed to be built wrthm substantial
compliance and intent of the 401 Water Quality Cert�fication and Buffer Rules, the approved plans and
spec�fications, and other supporting materials
S�gnature Date.
Agent's Certifrcation
I, , hereby state that, to the best of my abilihes, due care and d�l�gence
was used m the observation of the construction such that the construct�on was observed to be built w�thm substantial
compliance and intent of the 401 Water Qual�ty Cert�ficat�on and Buffer Rules, the approved plans and
spec�fications, and other supporting materials.
Signature Date:
Engineer's Certifrcation
Partial Final
I, , as a duly registered Professional Eng�neer m the State of North
Carolma, having been authorized to observe (periodically, weekly, full time) the construction of the pro�ect for the
Perm�ttee hereby state that, to the best of my abilities, due care and d�ligence was used m the observation of the
construction such that the construct�on was observed to be bu►It wrthm substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and spec�ficat�ons, and other supporting mater�als
S ignature
Date
Registration No
State of North Carolma �Environmental Quality I Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
Phone [phone]