20110424 Ver 4_Approval Letter_20170808

ROY COOPER
r;o���-���«,��
MICHAEL S. REGAN
secrer�o�r
Environmental S. JAY ZIMMERMAN
QUQ�((y,
Uirecrnr
August 8,2017
Clay County
NCDWR Project No. 2011-0424v4
US 64 — Climbing Lanes on Chunky Gal Mountain
TIP Project No. R-4416
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. David McHenry, Environmental Ofticer
NCDOT, Division 14
253 Webs[er Road
Sylva, North Carolina 28779
Dear Mr. McHenry:
You have our approval, in accordance with the eonditions listed below, for the following impacts for the purpose of
cons[ruc[ing a climbing lane in Clay County. This approval is for [he modifications reques[ed in your July 3, 2017
application:
SMeam Impacts in the Hiawassce River Basin
Permanent Fill Temporary FII Total S[ream Stream Impacts
in Perennial in Perennial Requiring
Si�e Stream Sfream (IM�r�) Wtigation
(linearft) Ilineark) (linearff)
I 3W 300 31HI
IA 310 310 0
2 3W 3(Xl 0
2A 310 310 11
TOTAL 600 620 1220 300
Total Stream Impact for Project: 1,220 linear feet.
The project shall be constructed in accordance with your application dated received July 3, 2017. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certifica[ion Number
4088. This certification corresponds to the (Nationwide/Ceceral) Permit 14 issued by the Corps of Engineers. In
addi[ion, you should acquire an}' other federal, state or local permits before you proceed wi[h your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire wi[h [he accompanying 404 permit.
This approval is valid solely for ffie purpose and design described in your application (unless modified below).
Should your project change, you mus[ no[ify the NCDW R and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all Ihe conditions. If total wetland tills for this project (now or in the future) exceed one acre, or of total
impac[s to streams (now or in the future) exceed I50 linear feet, compensa[ory mi[iga[ion may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere [o the
condi[ions listed in [he attached certification(s) and any additional condi[ions lis[ed below.
State of North Carolina � Gnvironmental Qualiry
1617 Mall Service Cwter I Raleigh, North Carolina 27699-1617

Condition(s) of Certification:
Project Specific Conditions
1. Compensatory mitigation for 600 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the
mitigation for the project. The DMS has indicated in a letter dated June 28, 2017 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28,
2010.
General Conditions
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 cont�cts 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 a"reas 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
o2x.oso2( fl�
1. Native riparian vegetation must be reestablished in the riparian areas within the construction limits ofthe project.
by the end of the growing season following completion of construction. [15A NCAC 02B.0231(a)(6)]
2. 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)]
19. 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 reclama[ion measures and implemen[ation must comply wi[h the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
20. 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)]
If you wish [o contest any statement in the attached Certification you must file a petition for an administra[ive
hearing. You may ob[ain the peti[ion form from the office of Administrative hearings. You must tile the petition
wi[h the office of Administra[ive Hearings within sixty (60) days of receipt of this no[ice. A petition is considered
filed when it is received in the office of Administra[ive Hearings during normal office hours. The Office of
Administra[ive Hearings accepts filings Monday [hrough Friday between [he hours of S:OOam and S:OOpm, except
for official state holidays. The original and one ( I) 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 [he 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 pe[ition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources onder Section 401 of the Clean Water Act. If yoa
have any questions, please contact Kevin Bamett at [phone] or [e-mail].
. Sincerely, {
I\
��i /' �� i -9
`'� �, `-�,�v�--�(� �
S. Ja�Zimmerma , Director
Division of Water Resourees
Electronic copy only distribution:
Lori Beckwith US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Kevin Barnett NC Division of Wa[er Resources Asheville Regional Office
File Copy

Environmer�tal
QUQ�I/b�
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Coonty:
ROY COOPER
Gmr„rc,r
MICHAEL S. REGAN
A'ec,�e��a���
S. JAY ZIMMERMAN
Uirrcror
Certificate of Completion
Upon completion of aIl work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ modifica[ions, [he applicant is required [o retum this certificate to [he 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-16 1 7. 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.
App(icanPs Certijicalion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in [he observa[ion of the construc[ion such that [he construction was observed [o be buil[ within substantial
compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and
specifica[ions, and other supporting materials.
Signatore: Date:
Agen('s Cerlifrcntion
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 consVuction was observed to be built within substantial
compliance and intent of the 401 Wa[er Quality Certitication and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certifreation
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby s[ate tha[, [o the best of my abilities, due care and diligence was used in the observa[ion ofthe
construe[ion such that the construction was observed to be buil[ wi[hin subs[antial compliance and intent of the 401
Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and o[her supporting materials.
Signature
Date
Registra[ion No.
S[a[e ofNonh Carolfna I F,nvironmental Qualiry'
1617 Mail Scrvice Center I Raleigh. North Camlina 276941 b 17