20170718 Ver 1_Approval Letter_20170629

ROY COOPER
<;r�rrrm,r
MICHAELS.REGAN
ti��oz�tru�r
Environmenful S. JAY ZIMMERMAN
Quality ��;, t-� �,»
June?9, 2017
Watauga County
NCD W R Project No. 201707 I 8
Brid�e 149 on SR 1351
State Project No. 17BP.I I. R.173
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter
NCDOT, Division I I Environmental Officer
801 Statesville Road
North Wilkesboro. NC 28659
Dear Mc Slaughter.
You have our approval, in accordance with the conditions listed below, for the followin� impacts for the purpose oF
replacing Bridge 149 over Grassy Creek with a three-sided bottomless culvert in Watauga County:
Site
Stream Im acts in the New River Basin
Temporary FiII in Permanen[ Fill in
Perennixl Stream Perennial Stream Stream Impacts
Qinear ft) (linear ft) Total Stream Impact Requiring
(linear f[) Mitigation
Dewatering Culvert Ba°� (linear ft)
S[abilization
43 - 99 132 -
99
132
Total Stream Impact for Project: 132 linear feet.
The project shall be constructed in accordance with your application dated received June 6, 20I7. After reviewing
your application, we have decided that these impacts are covered by General Warer Qualiry Cenification Number
4088. This certification cortesponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition,
you should acquire any o[her federal, state or local permi[s before you proceed wi[h your project including (bu[ not
limited to) Sediment and Crosion Control, Non-Discharge and Water Supply Watershed 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 notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of [his Certitica[ion and approval letter, and is thereby responsible for complying
with all [he conditions. If total wetland fills for lhis project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as
described in I SA NCAC ?H .0506 (h) (6) and (7). For [his approval [o remain valid, you mus[ adhere to [he
conditio�s listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specifc Conditions
I. As a condition of this 401 Water Qualiry Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construc[ion and Maintenance ActiviCies. [ I SA NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5)]
Statr ol North Carulina I����'�rnnmental Quahly
I hl7 Mail Serv'icz Cenrer I Raleigh. Nonh Carolina 27699-1617

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 33 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 NCGO10000 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 ar banks, adjacent to ar 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 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. 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(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintai�ed 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 measwes must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Caro/ina
Sedrment and Erosron Conhol Manua[. T'he devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow piu associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance wi[h 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. []SA NCAC 02H.0506(bx3) and (c)(3)]
[f 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 [he office of Administrative Hearings within siuty (60) days of receipt of this notice. A pe[ition is considered
filed when it is received in the office of Administrative Hearings during nortnal 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 (] ) copy of the petition must be filed with the Office of
Administrative Hearings.
T'he 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 fot the Office of Administrative Hearings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be setved 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 questions, please contact Dave Wanucha at [phone] or Dave. [e-mail].
Sincerely,
� � �'� '.
S. ay Zimmerm , Director
Division of Water Resources
Electronic copy only dis6ribution:
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

En vironm en ta!
QUa�IrY
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Water Quality Cerfification:
County:
ROY COOPER
r;orrnior
MICHAEL S. REGAN
�<-�, , r«, �
S. JAY ZIMMERMAN
uhrnor
Cer[ifica[e of Complefion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subseyuent modifications, the applicant is required to retum [his certificate ro the 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed [o NCDWR by the applicant, the applicanYs au[horized agen[, or the projec[ engineer. f[ is no[
necessary m send certiticates from all ofthese.
Applicm�l'.s Certificnlion
I, , 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 Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agenl's Cerlifreation
I, , hereby stare that, to the best of my abilities, due care and diligence
was used in tlie 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 supportino marerials.
Si�na[ure: Da[e:
Engineer's Certifrcation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, havin� been authorized lo observe (periodically, weekly, full [ime) [he construc[ion of the project for [he
Permittee hereby state tha[, [o Ihe best of my abilities, due care and diligence was used in the observa[ion of [he
construc[ion such [ha[ [he cons[ruc[ion was observed ro be built within substantial compliance and inten[ of [he 401
Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials.
Signature
Date
Registration No.
$taic of' North Camlina I F.nvironmental QualiN
1617 Mail Service Cemer I Raleigh. Nonh Carolina 27699-1617