20160796 Ver 1_Approval Letter_20160922

Environmenta(
Quality
,�
_ � ��� �_
PAT MCCRORY
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DONALD R. VAN DER VAART
sc;:rc�a� �
JAY 7,1MMERMAN
p�vR Un�ector
September 22, 2016
Henderson County
NCDWR Project Na 20i6-G7�i6
Culvert Extension on SRI353
State ProjectNo. 14CA45?65
APPROVAL of 401 WATER QUALITY CERTlFLCATION with ADL�ITIONAL COND[TIONS
Mr. David [VlcHenry, Environmental Officer
NCDOT, Divisi�n 14
i 5.i Web�cer �2oa�i
Sylva, North Carolina 2877�
Dear Mr. P�(cHenry:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
culvert extension in Henderson County:
Stream Iro ac±s :n the H'rench l3road Kiver t3asen
Site Permanent Fill in Tempc�rary Fill in Tatal Stream
Perennial �tream i Ferenniai Stream I impact
� iii+ea_� :'t;i (�;►,��r ft` (IiI:£dt' TYj
S1 � 5
S1A � 60 60
S2 5 , 5
S2A � 6i? 60
10 � 120 130
Total
Total Stream Impact For Project: 130 linear feet.
The project shall be constructed in accordance with your application dated August 17, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 38R6.
This certifi�.;ation corresponds to the Nationwide Permit 14 issued by the Carps of Engineers. In addition, you
should aequire any other federal, state or local perm�ts before you proceed with your project inc�uding �but not
limited to) Sediment and F_rosion Control, Non-Dischar�e and Water Supply WTtershed regulations. This approval
�*�ill expire tivith the accompanying 404 permit.
This approval is valid solely for the purpo�e and design described in your application (unless modified below).
Should your project change, you must notify the NCDW R and sabmit a new applica:ior.. 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 tetal wetland fills for this projPct (now cr :n the future) escePd on� acre, or of total
impacts to streams (now or in the :uture) exceed 150 I�r,ear feet, �ompensatory mitigation may be require� as
:ics�ribec: in i 5�; ti(;AC 2:i .USGS {h} (ti j and �'). ► o; this ap�r�vai lo r:,�,lain va.id, you �Y�ust aclhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
- "�"Nathi�g Compa�es`.—._�
State u, tio�d� Caroiina i Enviio�irnental �uali.y
16(1 M.ail Serv�ce :'ent�r �, R:leieh, Norih Clrclir:a 2ih99-161 I
o, 9- 7; ) 7 _90Q�

Cundifyon(s) of Certificafcion:
, General Conditions
1. Unless otherwise aporoved in this certification, placement of culverks and other structures in apen :vaters
a�d s:reams �hall be p:aced bel�.=i th� e.evation of the streambed by are fo�t for al! cu]E�erts w�:th a
diameter greater than 43 iriches, ar�d 20 percent of the �ulvert diarieter for c�l��erts havir.g a diameter
less than 48 inches, to allov✓ law flow passage of w�ter and zq_uatic life. Design znd placement of
culverts and other sh-uctt:res including temporary e:esion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjaceni to or upstream
and downstr�am of the above s?ructt�res. The applicant is required to provide evidence that the
eqailibrium is beir.g maintai:�ed if requested in writing by NCDWR. If this conditior. is unable te be met
�ue to 1�edrock or ather :ir.iiting f atu: es enceuntere� dura.g canstructi�r, please ccntact 14TCD�h�. fo:
guidance on how to proceeti and to determine whether or not a permit modification ��ill be required.
[15A NCAC 02H.0506(b)(2)1
2. If concrete is used during consh�uction, a dry work area shall be maintained to prevent direct centact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface v✓aters due to the potential for elevated pH and possibl:, aquatic life aad
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., 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 NCEiC
02H.0506(b)(2)]
5. The use of rip-ran above the Normal High JJater Mark shall be minimized. �ly rip-rap placed for
siream stabiiizatiosi shall be piaced ir� stream ciiannels in such a inaru�er tilai it does noi impede
aquatic life passage. [15A NC�:` 02H.�506(bl(2)�
6. The Permittee shal] ensure that the fLnal design drawings adhere to the permit and to the permit
drawli-igs submitted for approval. [ i5A NCAC 02H .C507(c) and 15A NCAC 02H .C506 (b)(2 j an�
��)�2)l
7. All work in or a�jacent to stream waters shall be conducted 'ui a dry �verk area. Approved BMP
measures from the most current version of NCDOT Constn�ction and Maintenance Actiaiiies manual
such as sandbags, rock berms, cofferdams and other diversion struchu�es shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3j]
8. Heavy equipment shall be operated from the banks rathe: than in the stream channel in order to
minimize sedimentation and reduce the introductiou of other pollutanis inio the stream. [15A NCAC
02H.0506(b)(3)�
9. All rlechanized equipment aperated near surface wate;s rlust be regulariy inspected ar.0 mair,tali-�ed to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[ISA NCAC 02H.0506(b)(3)]
10. No ro�k, sand a, othe� materiais shail be dredged fi•om the stream channel except wliere authorized by this
certification. [15AN�AC�2H.OSG6('u)(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. 'C"ne pe�-r:,ittee and its authorized zgvnts snail cand_�:ct its activities :n a ma?�ner .cr;sis*eat u�;ti� State w� ter
qual;ty siandards (including �n��;equirements resultir.g �o�n compiiance �vith §303(d) ofth�e Cleaj� Water
Act) �.na anv ��tl]�?' a�;�rc?�7?'?3te I'ei]�liPTIlPI]tS Oi SiatS 3?lCl FP:�c:;•c1� �a�i�, i: t'_1f: T�C���fR ��tZl'lTiliiCS ��3�

such standzrds or laws a:e nct being m�t (including the failure to sustain a�'esignat�d o: achieved use) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCD�VR may reevaluate and inodiiy this certification. [i5A NCAC 02B.020G]
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. ?, copy �f this �'�'ate: Quality Certificat:on shall be maintained on the censtructian site at all ±:mes. Ir.
addition, the Vi-'ater Quality �ertification and a11 subsequent rlodifications, if any, s�all be main�ained �Nith
the Bivision Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) ar�d (c)�2)�
15. The outside buffer, wetland or water boundary located with�n the construction corridor approved by this
authorization shall be clearly marked by highly visible fenci�ig �rio: to ar.y land disturbuig
activities. Iniracts tu areas within the fer�cing are prohi'�itEd u�:ess o�:;e; wise autl:orized 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 al1 statutes,
rules, regulations, or ordinances that may be imposed by other bovernment agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil :,rosion and sedimentation contro: requirements, 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
ihe NCDWR when all wark included in the 401 Certificatiori has been completed. [15A NCAC
�1H.�5�2,�f��
19. There shall be rio excavation from, or waste disposal itito, iiirisdictional wetlands or watet�s associated
wich ihis permit witizo�ii appropriate modiiic�tion. Siiould waste or barrow sites, or access roxds to waste
or bor_raw sites, be ,oc�.ted in wetlar.ds ar strtiams, compensatory mit�gati�n will bv rer�uire� since that is
a direct impac± from road coastructi�n activities.[15A NCAC 02H.0506(�;(3? and (�)(3)]
20. Erosion and sedimetit conn-oi praciices must be in �Il compliance with ail specifca�ions goveniir,g the
proner design, installation and operation and maintenance of such Best Management Practices in or�er 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 N.orth Carolir.c� Sec�imen! ancl
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be s�ich that they equal, or exceed, the requirements specified in the most recent version of the
North Caroiina Sediment and Erosion Control tLlanual. The devices shali 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 barrow p;i �iies, trie erosion and sedimer�t conri•al raeasu�•zs must be dzsigned, ;nstalled,
operated, and maintained i.n accordance with the most recent version of the North Carolina Szirface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
�viih the r�quirements of the Sed'urientation Pollutiou Controf Act.
2�, S8U'l"fi��rif a;.�� �TOS1011 �.Oith'Gi ir_eas��rvS S�1��1 ra�t liC �',i�.c,E�' lll WOi;nr �S G�" W�iCrS i]i11�SS Otil•'.tIVIS�
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
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Heariitgs 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 Hearings 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 ofthe petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy �f the document is received by the O�ce of
Administrative Hearings within five (5) business days following the faxed transmission.
'fhe mailiag 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
Deparnnent of Environmental Quality
1601 Mail Service Center
T'his 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,
�� f 1
S. Jay Zimm�rman, Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Anny Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wild:ife Resources Commission
File Copy

;;
Environmental
Quality
IYC.^,1��R Projecf Na.:
Appl:can�:
Froject `r`ame:
Date of Issuance of 401 Water Quality Certification:
County:
Certifcate ai'Care�pletian
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
anv subsequeni modifications, the applicant is required to rztul�►� this certificate to the 401 Transportaiion Perniitting
Unit, T1orth Carolina Divisior. of Water Resources, 1617 Mail Sen�ice Center, Rale:gh, NC, 27699-1517. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observaiion oi the consteucti�ri such that the construction was ubserved to �ie 6uilt within substantial
comnliance and intent of the 401 Water Quality Certitication and Buffer Rules_ the approved plans and
s�ecifi�at:ons; �nc+ nrh.er s�.�nporting materials,
Signature: Date:
Agent's Certification
I, _ __ _, he:eby stata th�t, to t.ie best oi m,� abiliti�s, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
efzmplianc� and it�tert ef t!�e 40? Water �uality Certification and B��ffer Rul�s, the app�oved plans and
sp�cificaticns, and o�h�r suppoi�ting materia:s.
Signature: Date:
Efisineer's CerPification
Partial Fir.al
I, , as a duly registered Protessional �;ngineer in the State of North
Carolina, having been author•ii.ed to observe (periodically, wzekly, full time) ihe cons'truction oi the project for the
Pe:m,ittee hereby state that, tc the best of my abilit��s, due care and diligence was used in the observatior of the
construction such that the construction was observed to be built wirhin substantial compliance and intent of the 401
��l�at�ar Quality C�rt�ficatior ar�d Buffer Rulcs, the appreved plans snd specifcations, and other supporting materials.
SignE.iure
Date
�egistt°atio�� No.
-`- ��'Nr�tl�aing �c,rraT.�ares "= _1
Stzte o;`'Nozh Carolrna ; Envirenmer�ta! Qe:aiity
i.51 � p�r3il Sr,r•rice Cen;er ; R:�l�i�h. rirrth L:��el;�,� ?7fi99-15':'•
919-707-9000