20170364 Ver 1_Approval Letter_20170410

ROY COOPER
Gu,�er,ro,•
MICHAEL S. REGAN
.\e„�rran�
E'rtvironmental S. JAY ZIMMErRMAN
QUality
April 10, 20I7
Yancey Counry
NCDWR Project No.?017-0364
Bridge 145 on SR1340
State Project Number 17BP.13.K.80
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIOIVAL CONDITIONS
Mr, Roger D. Bryan, Division 13 Environmental Officer
NCDOT
Post Office Box 3279
Asheville, North Carolina 28802-3279
Dear Mr. Bryan:
You have our approval, in accordance with the conditions listed below, for the following impacfs for the purpose of
Bridge Replacement in Yancey County:
S[ream Im ac[s in the French Broad River Basin
Permanen[ Temporary To[al
Fill in Fill in S[ream
Site Perennial Perennial Impact
Stream Stream (linear
(linear ft) (linear ft) ft)
SI IZS 125
SI 29 29
Sl 57 57
SI 45 45
TOTAL 102 154 256
�otai �tream impact tor rro�ecc ��o nnear �ee�.
The project shall be construcred in accordance with your application dated March 28, 2017. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4088.
These certifica[ions correspond to the Na[ionwide Permi[ I4.issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project includina (but not
limited to) Sediment and Erosion Control, Non-Dischar�e and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 pennit.
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 applicatioa If the property is sold, the
new owner must be given a copy of this Cenifica[ion and approval letter, and is thereby responsible for complying
with all the conditions. If total wedand fills for this project (now or in the fu[we) 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 I SA 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 lis[ed below.
Condition(s) of Certification:
:""'Nothing Compares"=- �
Sta[z of North Carolina � Envimnmental Qualiry
1617 Mail Service Cenrer I�leigh, Nonh Carolina?7699-1617

Project Specific Conditions
1. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-
spawning season of October 15 through April 15 to protect the egg and fiy stages of trout. [ 15A
NCAC 02H.0506(b)(2) and 15A NCAC 04B. 0125
General Conditions
1. Unless otherwise approved in this certification, placement of culverts and other structures in o,pen 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 fmal design drawings adhere to the permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)] �
r
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 Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment should 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
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
� [15A NCAC 02H.0506(b)(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)]
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. The permittee and its authorized agenu shall conduct its activities in a manner consistent with State water
qualiry standards (including any requiremenu resulting from compliance with §303(d) of the Clean Wacer
Act) and any other appropriate requiremenu of State and Federal law. If the NCDWR determines that
such standards or laws aze 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. [ISA NCAC 02B.0200]
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
othenvise authorized by this certification. [15A NCAC 02H.0506(bx2)]
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 omsite project managec [ 15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) and (c)(2)]
15. The outside buffer, wetland or water boundary Iceated within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any Iand disturbing
activities. Impacu to areas within the fencing are prohibited unless otherwise authorized by this
certificatioa [15A NCAC 02H.0501 and .0502]
16. The issuance of this ceRification dces not exempt the Pertnittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment 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.
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(bx2)]
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 Fortn" to notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(fl]
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters assceiated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste
or boaow 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(bx3) and (cx3)]
20. Erosion and sediment control practices must be in full compliance with all specifica[ions goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface wa[ers standards [ISA NCAC 02H.0506(bx3) and (cx3]):
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 Conbol Planning and Design Manua[.
b. The design, installation, operation, and maintenance of the sediment and erosion wntrol measures
must be such that they equal, or exceed, the requirements specified in the mos[ recent version of the
North Carolina Sedrment and Erosiox Contro! Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractorowned 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 accordance with the most cecent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requ'vements 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(bx3) 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 fortn from the office of Adminisirative 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 office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday tivough 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.
T'he petirion 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 fa�ced 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: [phone]
A capy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Departrnent 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 questious, please contact Kevin Bamett at [phone] or kevin.bamettQncdenr.gov.
Sincere ,
��'�.
S. Jay Zim an, Direc or
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission

Environmenfal
Quality
NCDWR Project No.:
Applican[:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
r;orrrm�.
MICHAEL S. REGAN
Serrrrarr
S. JAY ZIMMERMAN
n���� �,,.
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modi�ications, [he applicant is required to remrn this certificate [o the 401 Transportation Permitting
Unit, North Carolina Division of Wacer Resources, 1617 Mail Service Center, Raleigh, NC. 27G99-1617. 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.
Applicanl's Cer�ificarinii
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observa[ion of the construction such that the construction was observed m be built within substantial
compliance and intent of the 401 Water Quality Certification and [3uff'er Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certifica(ion
[, , hereby state that, [o the best of my abilities. due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting matzrials.
Signature:
Erigirieer's Cerlifrcalion
Partial Final
I, , as a duly registered Professional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and dili�ence was used in the observation of the
construction such [hat the construction was observed to be buil[ within substantial compliance and intent ofthe 40l
Water Quality Certification and But%r Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
-'�'Nothing Compares �,.
5[a[e of North Carolina I Environmental Qualiry
1617 Mail Service Czmer � Rzleigh, Notth Carolina 2 7699-1 6 1 7