20160540 Ver 2_Approval Letter_20170918

ROY COOPER
r,,,, �-„r��,-
MICHAEL S. REGAN
Sen'elurr
Envrratmentul S. JAY ZIMMERMAN
nrrrc�o,•
Qua(iry
September 18, 2017
Buncombe County
DWR Project No. 2016-0540V2
River Arts District Transporta[ion
Improvement Project
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Marcus Sizemore, Emironmental Scientis�
CDM Smith
d21 Wando Park Boulevard
Suite ?00
Mount Pleasant, South Carolina 29464
Dear Mr. Sizemore:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
road network improvemenl in Buncombe County:
Stream Im actsin [he French Broad River Basin
Site Permanent Fill in Permanen[ Fill in To[al Stream
In[ermittent Perennial Stream Impact
Stream linear ft linear ft linear f[
Sl 39 39
S2 125 125
S3 91 91
0 255 255
Total
��ota� 5tream �mpact tor rro�ecr. t�� unear iee[.
The project shall be constructed in accordance with your application dated July 17, 2017 and additional information
submi[[ed Sep[ember I, 2017. After reviewing your application, we have decided [hat these impacts are covered by
General Water Quality Certifica[ion Number 4087 and 4088. This certifica[ion corresponds to the Nationwide
Permit 13 and Na[ionwide Permit 14 issued by the Corps of Gngineers. In addition, you should acquire any other
federal, sta[e or local permi[s before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with [he
accompanying 404 pennit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your project change, you mus[ notify Ihe NCD W R and submit a new application. If [he property is sold, the
new owner must be given a copy of Ihis Certification and approval letter, and is [hereby responsible for complying
with all the conditions. If [otal wetland tills for this projec[ (now or in [he future) exceed one acre, or of [otal
impacts to streams (now or in the future) exceed I i0 linear feet, compensarory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you mus[ adhere to the
conditions listed in the attached certitication(s) and any additional conditions listed below.
Statz o(North Carolina I Lm�imnmemal QualiiV
1617 Mail Service Crnter I Raleigh. Nonh Carolina 27699-1617

Condition(s) of Certification:
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
(�)(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 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 (or whomever is the authorized agent if a non-NCDOT project) shall complete and
return the enclosed "Certiiication of Completion Form" to notify the NCDWR when all work included in
the 401 Certification has been completed. [15A NCAC 02H.0502(�]
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 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.
21. Sedimen�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)]
22. Compensatory mitigation for 2161inear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the French Broad
Mitigation Partners, LLC., and that the French Broad Mitigation Partners, LLC. has agreed to provide
mitigation credits for this project. The French Broad Mitigation Partners, LLC. has indicated in a letter
dated Apri128, 2016 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above-referenced project.

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 sizty (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 tivough Friday be[ween the hours of 8:OOam and S:OOpm, except
for official state holidays. 7'he original and one (1) copy ofthe 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 iransmission.
T'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone:(9l9)431-3000,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 Act. If you
have any questions, please contact Kevin Barnett at [phone] or [e-mail].
' cerely, %�
i ' � �
i � ����
S. Ja ' merman, D' ctor
Division of Water Resources
Electronic copy only distribution:
McCray Coats, Ciry of Asheville ([e-mail])
L,ori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger D. Bryan, Division 13 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environmentu!
Quality
NCDWR Project No.:
ApplicanL•
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
f7urrr'nur
MICHAEL S. REGAN
�rn ro-u,
S. JAY ZIMMERMAN
� ��,,-�r,,,-
Certificate of Completion
Upon completion of all work approved wilhin [he 401 Water Quality Certifica[ion or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 40I Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Ralei;h, NC, 27699-1617. This form
may be re[urned to NCDWR by the applicant, the applicant's authorized agen[, or the project engineer. It is not
necessary to send certiticates from all of these.
App/icant's Cerlifrcofion
I, , hereby state that, fo the best of my abilities, due care and diligence
was used in the observa[ion of Ihe construc[ion such that the construction was observed to be buil[ wi[hin substan[ial
compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and
specifications, and other supportina materials.
Si�nature: Date:
Agent's Cerlifieation
I. , hereby stace that, to the best of my abilities, due care and diligence
was used in the observa[ion of [he construction such that the construction was observed [o be buill within substan[ial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Cerlificatinn
Partial Final
I, , as a duly reeistered Professional Eneineer in the S[a[e of North
Carolina, havin�, been authorized to observe (periodically, weel:ly, tull time) the construc[ion of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the consiruction was observed to be built within substantial compliance and intent of the 401
Warer Quality Certification and Bufter Rules. the approved plans and specifications, and other supporting materials.
Signa[ure
Da[e
Registration No.
Sta�e oFNunh Carolina I Environmrntal Quality
161 � Mad Sernce Center I ftaleigh. Nonh Carolina?7699-1617