20170933 Ver 1_Approval Letter_20170816

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ROY COOPER
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MICHAEL S. REGAN
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Environmental S. JAY ZIMMERMAN
Uh�ecror
Quality
Au�ust 16, 2017
Macon County
NCDWR Project No. 2017-0933
Brid�e 67 on SR 1513
TIP Project No. B-5406
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Philip S. Harris. P.E..
NCDOT, Environmental Analysis Uni[
1598 Mail Service Cen[er
Raleigh, North Caroli�a 27699-I i98
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Macon County:
Stream Imoacts in [he Li[tle Tennessee River Basin
Permanent Fill Temporary Fill
in Perennial in Perennial Total Stream
Site Stream Stream �mFract
.�.__.._ �.. .�:_...._ .�., (linear ft)
lo I I 10
20 I 20
sx i i sa
�ror.�i, i 9s i zs
To[al Sfream Impact fur Project: 1231inear fec[.
The project shall be constructed in accordance wi[h your application da[ed July 27, 2017. After reviewing your
applica[ion, we have decided tha[ [hese impacts are covered by General Wa[er Quality Certificalion Numbers 7087,
4093, and 4094. This certitication corresponds ro[he Na[ionwide Permits 13, 23, and 33 issued by [he Corps of
Engineers In addition, you should acquire any other federal, state or local pernii[s before you proceed wi[h your
project including (but not limited to) Sediment and Erosion Control. Non-Discharge and Warer Supply Watershed
re�ulations. This approval will expire with the accompanying 404 permi[.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your projec[ change, you must notify the NCDWR and submit a new applica[ion. If the property is sold, [he
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with alI the conditions. If total wetland fills for this project (now or in the future) esceed one acre, or of total
impacts to streams (now or in [he future) exceed I�0 linear feet, compensa[ory 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 ro the
conditions lisced in the attached certification(s) and any additional conditions listed below.
State of Nonh Carolina I �nvironmental Qualirv
1617 Mail Scrnce Cenrer I Raleigh. Nonh Carolina 27699-1617

Condition(s) of Certification:
Project Specific Conditions
1. 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 15 and April 15 of any year, without prior approval from the NC
Division of Water Resources and the NC Wildlife Resources Commission. In addition, the permittee
shall conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish
Passage (May 12, 1997) at all times.
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 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 otlier materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]

ll. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [ 15A NCAC 02H.0506(bx3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requiremenu 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
[hat 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. [ I SA NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certi6cation 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 (bx2) and (cx2)]
15. The ouuide buffer, wetland or water bowdary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activi[ies. Impacts to azeas within the fencing are prohibited unless otherwise authorized by this
certificatioa [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 bocrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
the NCDWR when aIl work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
2. Native riparian vegetation must be reestablished in the riparian azeas within the construction limits of the
project by the end of the growing season following completian of construction. [15A NCAC
026.0231(a)(6)]
3. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modificatioa Should waste or borrow sites, or access roads to waste
or borrow sites, be located in wetlands or streams, compensatory mitigation will be requ'ved since that is a
direct impact from road construction activities.[15A NCAC 02H.0506(bx3) and (cx3)]
19. Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [ISA NCAC 02H.0506(bx3) and (c)(3]):
a. T'he 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 Sedrment and
Erosron Contro/ Planning and Desrgn 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 Erosron Control Manual. The devices shall be maintained on all
conswction sites, borrow sites, and waste pile (spoil) projecu, 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
Mrnrng Manua[.

d. The reclamation measures and implementation must comply with 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 [his Certificatioa [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 Administrative hearings. You must file the petition
with the office of Administrative Hearings within siuty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Heazings during normal office hours. The Office of
Administrative Hearings accepts filings Monday Uuough Friday between the hours of 8: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.
T'he petition may be fa�ced-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 Adminishative 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 served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Departrnent of Environmental Quality
1601 Mail Service Center
T'his letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Ac[. If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
Sincerely,
i
��' .
S. Jay immertnan, irector
Division of Water Resources
Electronic copy only distribution:
L,ori Beckwith, US Army Corps of Engineers, Asheville Field Office
David McHenry, Division 14 Environmental Officer
Colin Mellor, NC Departrnent of Transportation
Carla Dagnino, NC Department of Transportation
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environmen ta!
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of d01 Water Quality Certificatioo:
Countv:
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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Certifcate of Comple[ion
Upon completion of all work approved within [he 401 Water Quality Certification or applieable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-16U. This form
may be retumed to NCD W R by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanPs Cerlificulioii
1, , hereby sta[e that, to the best of my abilities, due care and diligence
was used in the observation of the construction such diat the construction was observed ro be built within substantial
compliance and intent of [he 401 Wa[er Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other suppurtin� materials.
Sianamre: Date:
Agenl's Certificafinn
1, , 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:
Eugiiteer's Cer(ifrealion
Pariial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of [he project for [he
Permittee hereby s[ate tha[, to the best of my abili[ies, due care and diligence was used in the observation of [he
cons[ruc[ion such dtat the construction was observed to be buiit within substantial compliance and in[ent of the 401
Water Quali[y Certitication and Buffer Rules, the approved plans and specitications, and other supporting materials.
Signature
Date
Registration No.
Smte of Nonh Camlina I Fnvironmemal Quality
I617 Mail Service Czn[er I Raleigh. Nunh Carohna 27699-1617