20171049 Ver 1_Approval Letter_20170830

ROY COOPER
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MICHAEL S. REGAN
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Environmentul S. JAY ZIMMERMAN
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Quality
August 3Q 2017
Yancey County
NCDWR Project No.2017-I049
Bridge 49 on NC SO
TIP Projecr No. B-5864
APPROVAL of 40I WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Phillip S, Harris, 111, P.E., C.P.M.
Environmental Analysis Unit Head
NCDOT
1598 Mail Service Cen[er
Raleigh, North Carolina 27699-I598
Dear Mr. Harris:
You have our approval, in accordance with [he conditions lis[ed below, for [he tbllowing impacts for the purpose of
bridge replacement in Yancey County:
Stmam Impac[s in lhc French Broad River Basin
Permanent Fill "I'emporary, FII
in Perennial in Perennial To[al Stream
Si[e Stream Stream �m�ct
linear ft) linear ft l��near k)
I 5 6R 7i
2 A3 10 9;
2 24 10 34
0
TOTAL 112 88 200
Total Stream Impact for Projec[: 200 linear feel.
The project shall be constructed in accordance with your application dated August 17, 2017. After reviewin� your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4093
and 4094. This certifica[ion corresponds to [he Nationwide Pemii[ 23 and Nationwide Permit 33, issued by the
Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed
with your project including (but no[ limited to) Sediment and Erosion Con[rol, Non-Discharge and Wa[er Supply
Watershed reeulations. This approval will erpire with �he accompanying 404 permit.
This approval is valid solely for the purpose and desion described in your application (unless modified below).
Should your project chan�e, you must notify the NCDWR and submit a new application. Ifthe properry is sold, the
new owner must be eiven a copy of this Certification and approval letter, and is thereby responsible for coinplying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the fumre) exceed I50 linear Feet, compensa[ory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval ro remain valid, you must adhere to the
conditions Iisted in the attached certification(s) and any additional conditions listed below.
State ol North Camlina I Environmenlal Quality
1617 Mail Srrvicz Cznrer � Raleigh, Nonh Carolina:7699-1617

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. [15A NCAC 02H.0506(b)(2) and 15A NCAC 04B. 0125]
2. 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, grass-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 NCG01000. 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 iri
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. [15A
NCAC 02B. 0225]
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)�
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. Native riparian vegetation must be reestablished in the ripari�n areas within the construction limits of the
project by the end of the growing season following completion of construction. [15A NCAC
02B.0231(a)(6)]
20. 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)]
21. 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.
22. 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 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 o�cial 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 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:
General Counsel
Department 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 Ack If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
Sincerety,
��
y Zimm rman, Dv r
Division of ater Reso ces
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Env'vonmental Officer
Colia Mellor, NC Department of Tronsportation
Carla Dagnino, NC Department of Transportation
Mazia Chambers, NC Wildlife Resources Commission
File Copy

En viron m en t a!
Qua(ity
NCDWR Project No.:
Applican[:
Project Name:
Date of Issuance of 401 Water Quality Cer[ification:
Counh:
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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Cer[ificate of Completion
Upon completion of all work approved within [he 401 Wa[er Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to rehim this certiticate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Centec Raleieh, NC, 2 7699-1 6 1 7. This fomi
may be returned to NCDWR by the applicant, the applicant's au[horized aeent. or the project engineer. lt is not
necessary ro send certificates from all of these.
Applicani'.s Certifrcation
I, , hereby s[ate tha[. to [he best of my abilities, due care and dili;ence
was used in the observation of the construc[ion such that the construction was observed to be built wi[hin 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:
Agent's Certrfication
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the consVuction such that the construction was observed to be built within substantial
compliance and inten[ ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and
specifications, and o[her supporting materials.
Signature: Date:
Engineer's Certifiealion
Partial Final
1, , as a duly reaistered Professional Engineer in the S[ate of North
Carolina, havine been authorized to observe (periodically, weekh�, full time) the construc[ion of the project for the
Permittee hereby s[ate that, to the best of my abilities, due care and dilieence was used in the observation ofthe
construction such that the construction was observed to be built within substantial compliance and intent ofthe 401
Water Quality Cenifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials.
Si�nature
Date
Registration No.
S[atc of North Carohna I Environmcntal Quality
1617 Mail ServiceCenter I Raltigh, North Carolina 27699-Ibi7