20170438 Ver 1_Approval Letter_20170425

ROY COOPER
r;nr, n�nr
MICHAEL S. REGAN
1.���ran,�
Environmentul S. JAY "LIMMERMAN
QUQ�f�y Dirtcmr
April 25, 2017
McDowell Coun[y
NCD W R Project No. 2017-0438
Bridge 126 on SR1560
State Project No. 17BP.13.R.1 I
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Roger Bryan, Divisio� I4 Emironmen[al Ofticer
North Carolina Division of Transportation
Post Office Bos 3279
Asheville, North Carolina 28801-2340
Dear Mc Bryan:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridee replacemen[ in McDowell County:
m Imnac[s in the Ca[awba River Basin
Permanent Temporary
Fill in Fill in Total Stream
Site Perennial Perennial Impact
Stream Stream (linear ft)
SI 9> 95
Sl �1 51
SI 38 38
TOTAL 89 95 184
Total Stream Impacf for Projech �Sa linear feet.
The project shall be construc[ed in accordance with your application dated April 13, 2017. After reviewing your
application, we have decided that these impacts are covered by General Water Qualiry Certification Number 4088.
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 wi[h your project including (but no[
limired [o) Sediment and Erosion Control, Non-Discharee and Water Supply Watershed regulations. This approval
will expire wi[h [he accompanying 404 permi[.
This approval is valid solely for the purpose and design described in your applica[ion (unless modified below).
Should your projec[ chan�e, you must no[ify the NCDW R and submit a new application. If the property is sold, [he
new owner must be given a copy of this Certitication and approval letter, and is [hereby responsible for complying
wi[h all the conditions. If total we[land fills for Ihis projea (now or in the future) exceed one acre, or of [otal
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 ro remain valid, you must adhere ro the
conditions listed in the attached certifica[ion(s) and any additional conditions lis[ed bebw.
�"Nothing Compares :- �
Slate o(North Carolina I Enviwnmental Quality
1617 Meil Service Center � Raleigh, North Carolinu D699-1617

Condition(s) of Certification:
General Conditions
1. 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 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)l
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 shall 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 agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) ofthe Clean Water
Act) and any other 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 violated, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
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. 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 on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)] '
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized 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 all statutes,
rules, regulations, or ordinances that may be imposed by other government 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(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 completed. [15A NCAC
02H.0502( fl]
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 borrow sites, or access roads to waste
or borrow 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(b)(3) and (c)(3)]
20. 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 in order 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 North Carolina Sediment and
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 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 contractor-owned 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 recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements 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(b)(3) and (c)(3)]
22. For projects impacting waters classified by the NC Environmental Management Commission as Trout
(Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to
vegetated buffer areas, gass-lined ditches or other means appropriate to the site for the purpose of pre-
treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated
buffers is strongly discouraged.

The permittee shall use /Design Standards in Sensitive Watersheds/(15A NCAC 4B.0124[a]-[e]) in
areas draining to (WS-I,WS-II, ORW, HQW, Tr - pick applicable) waters. However, due to the size of
the project, the NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the
maximum amount of uncovered acres.
NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds.
Tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be
used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and
on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the
area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches,
basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes
of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,
which can impinge and entrap small animals. For the establishment of temporary groundcover within
riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-
and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
23. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water
work is permitted between October 15th and April 15th of any year, without prior approval from the
NC Division of Water Resources and the NC Wildlife Resources Commission.
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.
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 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 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 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: [phone]
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 SecNon 401 of the Clean Wa[er Act. If you
have any questions, please contact Kevin Bamett at [phone] or [e-mail].
Sincerely�r 1 �
�./� �J� �l•
S. Jay Zimmerman, D'uector
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environmc�ntar
Quality
NCDWR Prajec[ No.:
Applicant:
Project Name:
Date of Issuance of a01 Water Quality Certification:
Coun[v:
ROY COOPER
[;urrrnor
MICHAEL S. REGAN
�.'<�rrko-r
S. JAY ZIMMERMAN
tr„�«r�.
Cer[ificate of Completion
Upon completion of all work approved within the 401 Water Quality Certitication or applicable Buffer Rules, and
any subsequent modifications, the applicant is required [o re[urn lhis certifica[e [o the 40I Transportation Pennitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center. Raleigh. NC. 27699-1617. This form
may be returned [o NCDWR by [he applicant, the applican['s au[horized a,ent, or the project engineer. It is not
necessarv to send certiticates from all of these.
Applicnnt's Certiftculiort
1, , hereby sta[e that, to the best of my abilities, due care and diligence
was used in the observation of [he construction such [ha[ Ihe construciion was observed ro be built within substan[ial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agewr's Cerfifrcntion
�, , hereby state that. ro 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 ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Sienature:
Engriieer's Cer�ificatinn
Partiai
Final
Date:
�, , as a dulq registered Professional En�ineer in the S[a[e of North
Carolina, having been authorized to observe (periodically, weeklr, full time) the construction of the project for the
Permittee hereby sta[e ihat, to the bes[ of my abili[ies, due care and diligence was used in the observadon of the
construction such that the construction was obs'erved to be built within substantial compliance and intent of the 401
Water Qualiry Certifica[ion and Buffer Rules, the approved plans and specifications, and other supportine materials.
Sienamre
Date
Re�istration No.
`"Nothi�q Compares - -
S[atr ol Nonh Camlina I[nvvonmental Quahry
I fil7 Mad Service Center I Raleigh. North Carolina 27699-1617