20170566 Ver 1_Approval Letter_20170524

ROY COOPER
Goreranr
MICHAEL S. REGAN
S.•�rrio��r
Environmental S. JAY ZIMMERMAN
Quality v;,�e����„�
May 24, ?017
Avery County
NCDWR Project No. ?0170566
Bridee 47 on SR 1316
S[ate Project No. 176P.1 I. R.173
APPROVAL of 401 WATER QUALITY CERTIFICATION with .4DDITIONAL CONDITIONS
Mc Heath Slaughter
NCDOT, Division 1 I Environmental Officer
801 Statesville Road
North W ilkesboro, NC 28659
Dear Mc Slau;hter:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 47 over Flat Springs Branch with a three-sided bottomless culvert in Avery Counry:
Stream Im acts in the Wai
Temporary Fill in Permanent Fill in
Perennial S[ream Perennial Stream
Site Qinear ft) (linear f[)
Dewa[ering Culvert Bank
Stabilization
Stream Impacts
TotalStreamlmpact Requiring
Qinear ft) Mi[iga[ion
(linear ft)
I2 41 172 225
12 2t3 225
Total Stream lmpact for Projecr 225 linear feet.
Che project shall be constructed in accordance with your application dated received May 9, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Qualiry Certiticaiion Number
4088. This certification corresponds to the Nationwide Pemiit 14 issued by [he Corps of Engineers. In addition,
you should acquire any olher federal, state or local pertnits before you proceed wi[h your projec[ including (bu[ no[
limited to) Sedimen[ and Erosion ControL Non-Discharge and Watzr Supply Wa[ershed regulations. This approval
will espire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notity the NCDW R and submit a new applica[ion. If the property is sold, [he
new owner must be eiven a copy of this Certitication and approval letter, and is thereby responsible for complying
wi[h all Ihe conditions. If [otal wetland tills for this project (now or in [he future) exceed one acre, or of total
impacts [o s[reams (now or in the future) eaceed 300 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0�06 (h) (6) and (7). For this approval to remain valid, you mus[ adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
State o(Nonh Camhna I Em�ironmental Quahry
1617 Mail Service Cen[er I Raieigh, Nonh Carolfna 27699-1617

Condition(s) of Certi�cation:
Project Specific Conditions
1. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
2. Culvert placement shall mimic the natural stream cross section as closely as possible. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage. [15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
[15A NCAC 02H.0506(b)(2)]
4. For the 12 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)] �
6. 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)]
7. NCDOT shall be in compliance with NCS000250 issued to the NCDOT, including the applicable requirements
of General Permit NCGO 10000 for Construction Activities.
8. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) 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]
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 (c)(2)]
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) of the 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 Certifcation 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. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction. [15A NCAC 02H.506(b)(3)]
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(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 Control
Plannrng and Design Manun/.
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 Carolrna
Sediment and Erosron Contro! Manual. The devices shall be maintained on all construction sites, borzow
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 Carolrna Surjace 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(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 form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixry (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 accepu filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the 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 fa�ced transmission.
T'he 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) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Departrnent of Emironmental 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 wntact Dave Wanucha at [phone] or [e-mail].
Sincerely,
S. ay Zimmerm , D'vector � �
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Asheville Field Office
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy

£nvira�mentcrl
QUCI �l t y
NCDWR Project No.:
Applicanr.
Project Name:
Date of Issuance of �01 Wa[er Quality Certification:
County
ROY COOPER
au�•rrnm�
MICHAEL S. REGAN
Senvrm �
S. JAY ZIMMERMAN
Ui, e�ror
Certificafe of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequen[ modifica[ions, the applicant is required to retum this certiticate ro the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1 6 1 7. This form
may be retumed to NCDWR by [he applicant, the applican['s au[horized agent or [he project engineec It is no[
necessary [o send certifica[es from all of these.
ApplicunYs Certifrcution
I. , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such [hat the construction was observed ro 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.
Sienature:
Agenl's Cerlifrcation
was used in the observation
Date:
, hereby s[ate [ha[, [o [he bes[ of my abili[ies, due care and diligence
the construction such that [he construction was observed to be buil[ within substantial
compliance and intent of lhe 401 Wa[er Quality Certifica[ion and Buffer Rules, [he approved plans and
specifications, and other supporting marerials.
Signature:
Engineer's Cerlificalion
Partial Final
Date:
1. , as a duly registered Professional Engineer in die State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the cons[ruction of [he project for the
Pertnittee hereby state that. to the best of my abilities, due care and diligence was used in [he observation of the
consVuc[ion such [hat 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.
Signamre
Date
Registration No.
Slaie of Nurth Carolina I Environmemal Qual ip'
Ibl7 Maii Service Centzr I Ralzigh. North Carulina 27b99-I617