20160758 Ver 1_401 Application_20161016

NCO
Water Resources
ENVIRONMENTAL QUALITY
October 10, 2016
Wayne G. Moss
641 Wiley Brown Road
Franklin, NC 28734
Will Metcalfe, PWS
Duke Energy Carolinas, LLC
526 South Church Street
Charlotte, NC 28202
State of North Carolina
PAT MCCRORY
co.emor
DONALD R. VAN DER VAART
Secre(my
S. JAY ZIMMERMAN
ntreeror
DWR If 16-0758
Macon County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Moss-Dowdle Mountain Access Culvert Project
Dear Mr. Moss & Mr. Metcalfe:
You have our approval for the impacts listed below for the purpose described in your
application dated August 2, 2016, and received by the Division of Water Resources (Division) on
August 3, 2016 with additional information received on October 7, 2016. These impacts are
covered by the attached Water Quality General Certification Number 3884 and the additional
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
SlslaofNOlNCMT1TV I Envrou ntal Qaaht9l Water Reso I
20900.S.H" 101 Sw.m .,Noa Carolma28778
8282964500

Moss-Dowdle Mountain Access Culvert Project
DWR# 16-0758
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact S1
45 ft.
Impact S2
85 ft.
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate
fee. If the property is sold, the new owner must be given a copy of this approval letter
and General Certification(s) and is responsible for complying with all conditions. [35A
NCAC 02H .0507(d)(2)]
3. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, streambanks, or vegetation may require future
repairs or replacement, which requires coordination with the Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)1
4. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional
Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A]
5. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B.0200 (3)(f)]

Moss-Dowdle Mountain Access Culvert Project
DWR# 16-0758
401Approval
Page 3 of 4
6. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated August 11, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.comZ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Moss -Do vdle Mountain Access Culvert Project
DWR# 16-0758
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or
[e-mail] if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G. Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3884
Certificate of Completion
NCWRC Letter dated October 11, 2016
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC(via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Macon\4015\Non-OOT\Moss MCDowdle Mountain Access Culvert Project\APRVL.Moss-DOWdleMountainAccessCulvenProled 10-
1016.daa

Water Quality Certification No. 3884
GENE RAL. CERTIFICATION FOR PROJECTS ELIGIBLE
FORA.S. ARMY CORPS OF ENGINEERS NATIONWIDEPERMIT
NUMBERS 12 (UTILITY LINEACTIVITIE§1. AND 47 (PIPELINE SAFETY PROGRAM
DESIGNATED TIME SENSITIVE -INSPECTIONS. AND REPAIRS(,
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3884 is issued In conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 020.0200
for the discharge of fill material to waters and wetland areas as described in 33 CFR 330
Appendix A (B) (12 and 47) of the Corps of Engineers regulations Including any fill activity for
utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) In 15A
NCAC 026 ;0200:
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302 303, 305 and 307 of the Public Laws 92-500 and 95-217
if conducted! in accordance. with the conditions hereinafter sat. forth.
Activities meeting anyone (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification. from the Division of Water Quality (the
"Division" )a
a) Permanent impacts to any Wetlands, and/or waters, including streams; or
b) Any stream relocations or
c) Impacts to any wetlands and/or waters if the maintenance corridor in a wetland or at a
stream crossing is greater than 15 feet wide (except activities located in areas with
Riparian Area Protection Rules when the maintenance corridor at stream crossing must
be 10 feet wide or less). Gas pipelines may have a maintenance corridor wider than
fifteen feet If mitigation is provided for these additional Welland fills.
d) Any impact associated with a Notice of Violation or an enforcement. action for violation(s)
of DWQ Wetland Rules (15ANCAC 02H .0500) Isolated Wetland Rules It 5A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
026 .0200); or
e) Anyimpacts to streams and/or buffers in the Neuse, Tar -Pamlico or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection. Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules ora Buffer
Authorization Certificate is issued through N.C.Division of Coastal Management (DCM)
delegation for"ALLOWABLE" activities.
In accordance With North Carolina General Statute 143-215.3D(e), written approval fora 401
Water Quality General Certification must include the appropriate fee. if a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included In this. General Certification that do not most one of the thresholds
listed above do not require written approval from the. Division as longas they comply with
the Conditions of Certification listed below: If any of these Conditions cannot be met, then
written approval from the Division is required.
Water Quality Certification No. 3884

Water Quality Certification No. 3884
Conditions of Certification
No Impacts Beyond those Authorized in the Written Approvalor Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized In the written approval from the Division or beyond the thresholds establishedfor
use of this Certification without written authorization including Incidental impacts. All
construction activities, including the design, Installation, operation and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water' quality standards, statutes, or rules occur, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
2. Standard Erosion and Sediment Control Practices
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation .and maintenance of thesediment and erosion control
measures must be suchthat they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites,. and waste pile (spoil) projects,
including contraotor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control . measuresmust be designed,
installed, operated, and maintained in accordance with the most recent. version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
aSoordarnewith the requirements of the Sedimentation Pollution Control Act and the _
Mining Act of 1971.
d, Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at times.
is. If the project occurs in: waters or watersheds classified as Primary Nursery Areas(PNAs),.
SA WS -I, WS -II, High Quality (HOW), or Qutstanding Resource (ORW) waters then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards In Sensitive Watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters.
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions 4o this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is.
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted In a manner that may result iridis -equilibrium of wetlandsstream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
Water Quality Certification No. $884

Water Quality Certification No. 3884
4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction. projects that disturb
one (1) or more acres of land. This Permit allows Stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit.. If your project
Is covered by this permit, full compliance with. permit conditions including the erosion &
sedimentation control plan Inspections and maintenance self-monitoring, record keeping.
and reporting. requirements is required. A copy of the general permit (NCG010000).
inspection log sheets and other information may be found at hUp,/Iportal.ncdenr.org/web/wq/ws/su/nodessw#tab .
The North Carolina Departmentof Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit,.
5, Construction Moratoriums and Coordination
If activities must occur during periods of highbiological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biologicalmonitoring may be required at the request of other
state or federalagencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine. Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties oridentified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS,. NMFS, and/or DMF personnel.
6. Work In the. Dry
All work in or adjacent to stream waters shall beconductedso that the flowingstream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the. NC. Sediment and Erosion Control Manual, or the INC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation In flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area Protection (Buffer) Rule
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses' identified within and constructed in. accordance with 15A NCAC 02B .0233,.0259,
.0243,.0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
Water Quality Certification No. 3884

Water Quality Certification No. 3884
8. Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h); compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands, For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall. require mitigation.
Buffer mitigation. may be required for any project with Buffer Rules in effect at the time of
application for activities classified as"Allowable with Mitigation" or "Prohibited within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation: Guidelines (April 2003) or its subsequent updates.. Compensatory
mitigation plans shallbe submitted to the Division for written approvalas required In those
protocols, The mitigation plan must be implemented and/or constructed before any impacts.
occur on site.. Alternatively, the Division will accept payment into an in -lieu feeprogram or a
mitigation bank. In. these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (ora stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry andwater shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands,. riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, A -Jacks; concrete,. gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
restoration as defined In the US Army Corps. of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
10, For sewer lines, when the construction corridor Is parallel to stream, then the edge of the
construction corridor shall not be closer than 10 feet from top of bank. For streams classified
as WS (except WS -1V or WS -V), B SA, ORW, HQW or SB from normal high water (or tide
elevation) and wetlands, the edge of the construction corridor shall not be closer than 50 feet
to a stream; or 100 feet to private or public water supply sources or waters classified as WS -1
waters or Class I or Class I1. impounded reservoirs used as a source of drinking water in
accordance with 15A NCAC 02T .0305(f).
Utility lines within the Riparian Buffersshall be installed in accordance with the Table: of uses
in the most recent verision of the appropriate buffer rules.
Utility lines shallnot cross a stream channel at other than a near -perpendicular direction (i.e.,
stream channel crossings shall not be at an angle of less than 75 degrees or more than 105
degrees to the stream bank).
11. Any wastewater line that crosses any stream shall be installed in accordance with the most
recent version of the Gravity Sewer minimum Design Criteria or the most recent version of
Water Quality Certification No. 3884

Water Quality Certification No. 3884
the Minimum Design Criteria for the Fast -Track. Permitting of Pump Stations and Force Main
published on the Division of Water Quality's werbsiter Exceptions to this condition require
application submittal to and written approval by the Division,
12. If concrete is used during the construction, then all necessary measures shall be takento
prevent directcontact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
13. Any rip -rap required for proper culvert placement stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the the area directly impacted by approved
construction activity. All rip -rap shall be buried and/or 'keyed. in" such that the original stream
elevation and streambank contours are restored and maintained Placement of rip -rap or
other approved materials shall not result In de -stabilization of the stream bed or banks
.upstream or downstream of the area
14. Annual native species suitable for wet locations shall be planted and established within.
jurisdictional wetlands for soil and erosion control Non-native perennials suchas fescue are
prohibited.
15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
Including riparian buffers, butts restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations,
16. The construction corridor (including access roads, sediment and erosion control measures
and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across
stream channels and must be minimized to the: maximum extent practicable.
17.. Permanent, maintained access corridors shall be restricted to the. minimum width practicable
and shall not exceed 15 feetin width except at manhole locations. A 15 -foot by 15 -foot
perpendicular vehicle turnaround must be spaced at least 500 feet (1.52.4 meters) apart.
18. An anti -seen collar shallbe placed at the downstream (utilitv line aradient) wetland boundary
utility lines. Anti -seep collars may beconstructed with class Bconcrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less. than 150 feet (45.7 meters) long do not require
anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10- 5 cm/sec or
less. A section and plan view diagramis attached for the anti -seep collars.
The following specifications shall apply to class -B concrete:
a) Minimum cement content, sacks per cubic yard with roundedcourse aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c). Maximum water -cement ratio gallons per sack 6.8
d) Slump range 2"to'4"
e). Minimum strength - 28 day psi 2,500
19. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical, During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be
Water Quality Certification No. 3884 5

Water Quality Certification No. 3884
piled separately from sobsolls and will be backfilled into the trench only after the subsoils
have been placed and: compacted.
Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut
remaining stumps off at grade level The general stripping of topsoil within wetlands along
the utility corridor is not permitted.
20. If anenvironmental document is required under the National or State Environmental Policy
.Act (NEPA or SEPA) then this General Certification is not valid. until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State
Clearinghouse,
21, In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
22. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local. approvals.
23. The applicant/permittee and their authorized agents shall conduct all aotivities ina manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act)„ and any other appropriate requirements of
State and Federal Law. If the. Division determines that such standards or laws are not being
met, including 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, then the
Division. may reevaluate and modify this General Water Quality Certification.
24. When written authorization is required for use of this certification, upon completionof all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1660,
25. Additional site-specific conditions, including monitoring and/or modeling requirements, may.
be added to the written approval letter for projects proposed under this Water Quality
26. This certificationgrants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit, The conditions in effect on thedate
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance withor violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The. Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined.
that the project is likely to have a. significant adverse effect upon water quality, including. state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters. are precluded.
Water Quality Certification No. 3884

Water Quality Certification No. 3884
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best Interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
6y
Charles Wakild, P.E,
Director
History Note: Water Quality Certification (WQC) Number 3884 issued March 19, 2012 replaces
WQC Number 3819 issued March 19, 2010; WQC Number 3699 issued November 1, 2007; WQC
Number 3625 issued March 19, 2007;. WQC Number 3374 issued March 18, 2002, WQC Number
3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997, WQC Number 3022
issued September 6,: 1995, WQC Number 2664 issued January 21, 1992. This General
Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding
Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the
Division of Water Quality.
Water Quality Certification No. 3884 7

Water Quality Certification No. 3884
ANTI -SEEP COLLAR
Not to exceed 40 feet
SECTION
.Ino
Varies)
B Concrete
npacted Clay
PLAN
Water Quality Certification No. 3884
R

WaterResources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
PAT MCCRORY
cooem,,,
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
D,,YaA,
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
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 certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to D WR 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 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:
Agent's Certification
1, hereby state that, to the best of my abilities, due cue 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:
Ifthis project was designed by a Certified Professional
1, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee 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
Shm oflf tl Carolina I I:nvi menial Qaahty I µ'ami Resources
1611 Mail Ae eCenter I Rsleigh, North Catalina 27699-1611
9197079000

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
August 11, 2016
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Moss-Dowdle Mountain Access Culvert Project
UT to the Tennessee River, Macon County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to install a 52 -ft double-barreled culvert on an unnamed tributary (UT) to the
Tennessee River in Macon County. Our comments on this application are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project should not impact wild trout, and project activities do not need to be avoided during
the trout moratorium. However, the site is just upstream of the Little Tennessee River (Upper)
Aquatic Habitat, a natural area rated High by the NC Natural Heritage Program due to the
richness of rare species it contains. In the vicinity of the site, the river supports Eastern
Hellbender (Cyptobranchus alleganiensis), Smoky Dace (Clinostomus sp.), Little Tennessee
Crayfish (Cambarus georgiae), and Olive Darter (Percina sguamata), all of which are US
Federal Species of Concern and NC Special Concern. These raze species are especially sensitive
to excess sediment, and proper sediment and erosion control is essential to protect this aquatic
community.
Double culverts set at the same elevation often result in one culvert carrying most or all of the
flows over time; this can cause channel instability and problems with aquatic organism passage.
We recommend replacing the double culverts with a spanning structure such as a bridge or
bottomless arch instead. If a culvert must be used, we recommend using a single larger squash
pipe capable of carrying base and stormflows.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Moss-Dowdle Mountain Access Culvert Page 2 August 11, 2016
UT Tennessee River, Macon County
We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. Work should be accomplished as quickly as possible and vigilance used in sediment and
erosion control during site preparation, construction, and clean up. Disturbed areas should be
seeded, mulched and matted as soon as possible, preferably at the end of each work day.
2. Any erosion control matting used be free of plastic or nylon mesh, as this type of mesh
netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may
last for years.
3. We recommend replacing the double culverts with a spanning structure such as a bridge or
bottomless arch instead. If a culvert must be used, we recommend using a single larger
squash pipe capable of carrying base and stormflows.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Will Metcalfe, Duke Energy Carolinas
Tim Fox, NC Division of Water Resources
Byron Hampstead, US Fish and Wildlife Service