20160827 Ver 1_Approval Letter_20160922

Environmental
Quality
PAT MCCRORY
r �,,����� �,���
DONALD R. VAN DER VAART
Sccretary
JAY ZIMMERMAN
C;CvR Director
Septernber 22, 20; 6
Yancey Co�mty
NCllW�'R Project No. 2016-0827
Bridge 130 on SRl 146
State Project No. 17BP.13.R.77
APPROVAI., of 401 yVATFR QLIALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Roger D. Bryan, Environmental Officer
NCuGT, Givision i3
Post Office Bux 3279
Asheville, Iv'orth Caro'.ina 233C2-3274
Dear Mr. Bryan:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Yancey County:
Siie
Sl
S2
S3
Total
Stream Im acts in the French Rroad River Rasin
Permanent riif in TemQorary Fill in � T�tal S�ream
�'e±e�ania! 3�r?a�;� � �E'?'C�ili'<li �tl'r�iil i �til� :1Cf
�Gnear fti � (linear ft) � (li��ear fi)
I i21 l21
50
61
111
' S0
61
121 232
Total Sti•eam Impact for Project: 232 iiuear feet.
The project shall be constructed in accordance with your application dated August 24, 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 Natior�wide Fermit 14 issued by the Corps of Engineers. In addition, you
shoiild acquire any other .r"ederal, state or local perznits before you proceed w�th your �roject incl�!ding (but not
limited to) Sec�iment and Er�si�n Control; Nan-Discharge and Water Suppl; Watersh�d regi►lations. This a�proval
will erpire with the accompanying 404 permit.
Th:s approval is valid solely for the purpase and design described in your appl�cation (unless modified below).
Shoul.d your project change, you m�.�st notify the NCDWR and subm�t a new appl.ication. 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
w:th all rhe condition�. If total wetiar.d fills for this project (now or in the h�ture j ex�e�u� or.e �cre, or of tetal
impacts to s�reams (now or in the future; ex�eed 1 SQ linear feet, compensatory mitigation may re required as
�:,scri�e.�'. in i5A NCC.�' 2H .!)SCf6 �hi i6) anu (lj. l�;;r ihis zpprv�a� te re;ra�r, valiu, you m°.:st au�herc �o i��e
conditions listed in the attached certification(s) and any additional conditions listed below.
-�"`N�thing Compares`"-._.
State of NorU'� Carciina j Envirormental �uaGty
;n; i P�fail Se; vice Cen:er j Raleigh; ?iorth Caro;ina Z?5Q9-1611
919-707 9Q��0

Conc3ition(s) �f �ertificaijon:
General Conditions
1. Un�ess otherwise approved in this certification, placement of culverts and other structur�s in �nen waters
and streams shall be place� �e:ow the e?evaticn of the streamhed by or.e foot fa: all culverts Nith a
diameter greater than 48 inches, and 20 percent of the culvert diameter for cuh�erts having a diameter
less than 48 inches, to allow low flow passage of water and aquatic life. Desi� ar.d placement of
culverts and other structures including temporary erosior. con�rol measures sr�all not �e caaducted in a
manner tnat may result in dis-equilibrium of wetlar�ds or streambeds or banks, adjacent to or upstream
and downstream of th� above structures. The applicant is reauired to provide evidence that the
equili'orium is being maintained if requested in writing by N�DWR. If this cond:tion is unable to be met
due tc �edrock or othzr limiiing features encountered �ur:ng constructic,n, ple4se contact NCD�NR 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 sh�ll be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
nct be discharged to surface waters due to the potential for elevated pII and poss:b:e 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 stxeam above and below the crossing shall not be modified.
Disturbed floodplauis and streams shall be res�ored to natural geomorphic conditions. [ 15A NCAC
U2H.0506(b)(2)]
5. "i'he use of rip-rap above the Nornial Hieh Water Mark shall be minimized. Any rip-rap placed for
s�c=ea�ti siabiiization siiall be place� in streain cha�inels ui such a rnaiLiei° inat it does nai irr_pede
aauatic life passage. f 15A TdCAC 02H.0506(bl(2)]
6. The Per_mittee shall ensi2re that the tinal design drawings adhere tn the permit and to the permit
drawir�gs subiiiitted for approval. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .G506 (b)(2) and
(c)(?)l
7. All work in or adjacent to stream waters shall be conducted ir_ a dry work area. Ppprove� B1V1_P
measures from the most current version �f NCDdT Construction anci Maintenance Activities manual
such as sandbags, rock bertns, cofferdams and other diversion structures shall be used to prevent
excavation in fiowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the s�ream channel in order to
minimize sedimentaiiov and reduce the introduction of other pallutants inio the stream. [15A NCAC
02H.0506(b)(3 j]
9. All mec.iur�ized equiprnent operated near surface water•s �r.ust �e regulat•ly :ns�ected and maintained to
prevent contamination of stream waters from fiiels, lubricants, hydraulic fluids, or other toxic materials.
[] SA NCAC 02H.0506(b)(3)]
i C. Nc� rock, sand or otriel• materials shall be dredged �•om tlie s�rearn channel except where authorized by this
certification. f 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)]
;2. Tr�e pern�:t_r�e and its a�.�thorized agei�ts shal( conduct its activ�ties in a rnanne. cancistent u�irh State water
quality standards (including any requirernents resr.lting from. cornpliance with §30�(d) ofthe Clean Watei
Act) and a�r,•� othe.- apgro���iate rea�?uemerits of Stat� an� Federai laa�. lf tl-ie i�ICDt�v'F dEtesminas that

such standa:ds or laws are not being met (includir.g tl:e failure to sustain a designated or achieved ase) or
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the Iv'CD`JJP� niay reevaluate an�l moclify tl-iis ceriification. [15A NCA� C2B.02G0]
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. .4 copy cf this "Vat�: Quality :,�ertification shal: be mainta:ned on th� construatien sit� at all times. In
addition, the `Jda±er Quality Certifica�ion and all sabsequent rr�odifications, if any, sha�l be maintainzd with
the Division Engine�r and the an-site �roject manager. [15A NCAC 02H .0507�c) and 15A NCAC 02H
.0�06 (b)(2) and (c}(2}j
15. The outside buffer, wetland or water boundary located within the const_ruction corridor approved by this
authorization shall be clearly marke:l by highly visibie fencing prior t� any land distw•bing
activities. :mpacts te areas wiihin the ienaing are prehi�ited unless etherwise authorized by this
certification. [ 15A NCAC 02H.0501 and .0502]
16. The issuance of this certification does not �xempt the Permittee from complying with any and all statutes,
n�les, regulations, or ordLnances that m�y be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rul�s, soil erasion and sedim:,ntation control requirements, etc.
17. The Permittee shall report any violations of this certifioation 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 compieted. [15A NCAC
U2H.0502( fl]
19. There shall be no excavation from, or waste disposal into, .iurisdictional wetlands or waters associated
wi�h this �ennit wiihout approgriate mo�iific�tion. Sho�zld wasie or borrow sites, or access roads to w�ste
or borro�v sites, be ]ncated in wetlands or streums, compensatory mitigation wi.11 be required sin�e that is
a direct impact from road cor.struction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
2�. Ei-osion ar,d sediment control p;actices must be i,-� fuil compliance with all specifications governing the
proner design, installation ar.d operatior. and maintenance of such Best Management PracticPs in order to
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures ior the project must be designec�, installed, operated,
and maintained in accordance with the most recent version of the North Caro%ina Sediment n.nc�
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 reqnirements specified :n the most recent versior_ of the
Nortlr Carolina Sedimeni and Erosion Cont-roi Manual. The devices shall be maintained on a11
construction sites, borrow sites, and waste piie (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For Y'i0I'I'OW pit sites, the zrosion a�d szdiment contro? measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. T'he reclamation measures and implementation must comply with the reclamation in accordance
with tiie requirements of t}-�e Sed;rnentatian Pollution Contro] Act.
Zi. �0(ili�ler� �ri� Er�;sl�il GGIiii01 �ieasures S''_clli riOi �c ��aC:'i11T: ��PilaiiC�.3 Oi �48i��S i1C1ii.SS C1tli�l vV1SZ
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If yo� wisl-i t� r��n.:est any statFme�it in the a�ia�h�ci rerti�ic�t�or: }�U�.i 11lUSt f 1� a�.�0i1�IOR fOT 3ri 2rI1111SiStf2i;v�
I]i,c'lI'l;ig. Ycu may obtair. .t�e ,�etit:cm form from tl;e c`ficv of �dn�i;�istrcZtl_Ve I�earina�. Ycu ::��ast t;ie the petiti�n
��ith the offi�e of Administrative Hearings �vit�in sixty (50) days of rece�pt ofi tiiis nc�t;ce. A petit.ion is consi�ered
i�iea ��nei? i' is �eceived in the of�ce of Admini�iE-aiiv:, H�ari��es �uring norrnal of �c� hou; s. Thc Office ef

Administrative Hearings accepts filings Monday through Friday betvveen the hours of 8:OOam and S:OOpm, except
for official state holidays. T'he original and one (1) copy of the petition must be filed with the Office of
Admi�iistrative Hearuigs.
The 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.
'The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919) 431-310U
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 Bar.�ett at [phone] or [e-mail].
Sincerely,
� �� �
S. y Zimmerman, irector
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Mazla Chambers, NC Wildlife Resources Commission
File Copy

"F;�
:w:
� �'�En���`.
.'� . .'� ? ''e.
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Environmer tal
Quality
NCJWR Project No.:
Applicant:
Proiect lYame:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate af Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is reyuired tu retarn this ceriificate tu the 401 Transportaiion reimitting
Unit, North Carolina Division of Water Resources, 16?7 Mail Service Center, Raleigh, NC, 27699-1617. 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.
Appl[eant's Certifieation
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the o6servation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Uualitv Certification and Buffer Rules, the apnroved olans and
��ec�fiea±ior.s, 317!� Other c;�p�,ert�:�� materi�!s.
Signature: Date:
Agent's Certification
I, _, hei�eby staie that, to the best of my abilities, d:�e care ai�d diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent ofthe �Q1 ��'nter Quality Certificztion and Buffer Rules, the approved plans and
specifications, and othe: supporting mat�rials.
Signature: Date:
Engineer's CertiftcaPiorr
Partial Final
I, , as a duly registered Professional Eng�neer in the State of North
Carolina, having been authorized io observe (periodically, weekly, full time) the construction of the project for tne
Permittee hereby state that, to the best of my ab:lities, due care and diligencz 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
Wzter Quality C�rtification and Buffer Rules, the approved �lans and specifications, and other sapporting materia�s.
�igiiature
Date
iceg�stiation No.
-'=�'Nothing C4mpares-y—._�
�ia'.e of Nv[+_h Ca:olm� i Em:ronmer.,al Qualrty
151 �'.�?a:l .`-er���ce� Cent;,r � Ra:ei�h, � orth ��arcl�na 27649-� 51 :
919-707-9000