20171157 Ver 2_Approval Letter_20170918

En vironm en t u(
Quality
ROY COOPER
Gorermn�
MtCHAEL S. REGAN
X�•�r,r�,u�r
S. JAY ZIMMERMAN
�u,�<��„
August 16,2017
Buncombe County
NCDWR Project No. 2016-I 157v.2
126 interchange Improvements at NC 191
TI P Project No. 1-5504
APPROVAL of 401 WATER QUALITY CERTIF[CATION with AUDITIONAL CONDITIONS
Mr. William A. [3armtt
NCDOT,PDEA
1598 Mail Services Center
Raleigh, North Carolina 27699-1598
Dear Mr. Barrett:
Attached hereto is a copy of Certification No. 004080 (this is the Individual Certification No.) issued ro
The North Carolina Department of Transportation (NCDOT) dated August 16, 2017. This approval
replaces the approval previously issued to you da[ed August 9, 20 U.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
J ����� . ��� ' "�
S. y Z�mmerm�n, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Lori Beckwith US Anny Corps of En�ineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer
Carla Dagnino, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Bunnick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Kevin Barnett, NC Division of Water Resources Asheville Regional Office
File Copy
Siate o( Nonh Camlinn I F.nvironmenial Quality
1617 Mnil Service Centzr I Raleieh. Nonh Carolina 27fi99-tfi17

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Resources
(NCDWR) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.04
acres of jurisdictional wetlands, 2,271 linear feet of jurisdictional streams in Buncombe County. The
project shall be constructed
Stream Im acts in the I'rench Broad River �asin
lA 38 38 0
1B 17 17 0
1B 23 13 40 0
1D 313 10 ' 323 313
2A 48 10 58 0
2A 31 31 0
2B 169 169 0
2B 103 103 0
2C 742 742 742
2C 71 71 0
2C 33 33 33
2C 32 5 37 0
3A 256 13 269 256
3A 18 18 18
3A 33 10 43 0
3B 223 8 231 223
�__..__._�.._...._...... __ .___..� -,--- _ ._.. __ _�._ _ _ ._. __ _..._... _._ .----- - _ _.._. .. . .__.... __ . � r _ ._ _. _._..... _._ __. _ _ ._ _. ---- _._.__._
TOTAL 0 0 2170 97 2271 1585
Total Streain Impact for Project: 22711inear feet.
Wetland Impacts in the French Broad River Basin
'I'otal
Site Fill (ac) Wetland
Impact (ac)
1B 0.01 0.01
2A 0.01 0.01
2B 0.01 0.01
2C 0.01 0.01
Total 0.04 0.04
Total Wetland Impact for Project: 0.04 acres.
The project shall be constructed in accordance with your application dated received July 5, 2017 After
reviewing your application, we have decided that these impacts are covered by Water Quality
Certification Number 004080. This certification corresponds to the individual permit issued by the Corps
of EngineersIn addition, you should acquire any other federal, state or local permits 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 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 this Certification and approval letter, and is
thereby responsible for complying 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 future) exceed 1501inear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any
additional conditions listed below.
Condition(s) of Certificationa
The application provides adeq;#tate assurance that the discharge of fill material into the waters of the
French Broad River Basin iri:conjunction with the proposed development will not result in a violation of
applicable Water Quality Star�;dards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will;�ot violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conclucted in accordance with the application and conditions hereinafter set
forth. � .
This approval is only valid for�the purpose and design that you submitted in your application dated
received July 5, 2017. Should your project change, you are required to notify the NCDWR 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 the conditions. If any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 1501inear
feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the
conditions listed below. In addition, you should obtain all other federal, state or local permits before
proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal
Stormwater, Non-discharge and, Water Supply watershed regulations. This Certification shall expire on
the same day as the expiratiori�.;c�ate of the corresponding Corps of Engineers Permit.
:�.. ,
Condition(s) of Certificatiori:�
1. Compensatory mitigatiori for 1,585 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 1Vlitigation 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 July 3, 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.
2. 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 great�r 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 mariner that may result in dis-equilibrium of wetlands or streambeds or banks,
adjacent to or upstream'r,and down stream of the above structures. The applicant is required to
provide evidence thaf 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)]
3. If concrete is used duririg 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 ar�d fish kills. [15A NCAC 02B.0200]

4. 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)]
5. The dimension, pattern and profile of the stream above and below th'e crossing shall not be
modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
[15A NCAC 02H.0506(b)(2)] .
6. 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.;� manner that it does not
impede aquatic life passage. [15A NCAC 02H.0506(b)(2)]
7. The Permittee shall ensure that the final design drawings adhere fo Che permit and to the permit
drawings submitted for approval. [15A NCAC 02H .0507 (c) and�;1;5A NCAC 02H .0506 (b)(2)
and (c)(2)] •
8. 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)]
9. 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)]
10. All mechanized equipment operated near surface waters must be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubrican�s, hydraulic fluids, or other toxic
materials. [15ANCAC 02H.0506(b)(3)]
11. No rock, sand or other materials shall be dredged from the stream ;ehannel except where authorized
bythis certification. [15ANCAC 02H.0506(b)(3)] � :��
F'
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
13. 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]
14. 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(bj(2)]
15. A copy of this Water Quality Certification shall be maintained on,t�e construction site at all times. In
addition, the Water Quality Certification and all subsequent modific:ations, 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)]
16. The outside buffer, wetland or water boundary located within the construction corridor approved by
this authorization, including all non-commercial borrow and waste sites associated with the project,
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]
17. The issuance of this cextification 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 fede.r.a�l) having jurisdiction, including but not limited to applicable buffer rules,
stormwater managemerit rules, soil erosion and sedimentation control requirements, etc.
18. 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)]
19. 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(�]
�.
20. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic
region) 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 02B.0506(b)(2)]
21. There shall be no exc�v�tion 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;:�lie located in wetlands or streams, compensatory mitigation will be required
since that is a direct iriipact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)
22. 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):
23. 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 Plan�ing and Design Manual.
24. 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, bor�ow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
25. For borrow pit sites;'�he erosion and sediment control measures must be designed, installed,
operated, and maintai�ed in accordance with the most recent version of the North Carolina Surface
Mining Manual.
26. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
27. 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)
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. ���This Certification shall become null and void unless the above conditions
are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiratioii of the 404 or CAMA permit.
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 witti'���he office of Administrative Hearings within sixty (60) days of receipt of
Y �
r�,• •

this notice. A petition is considered filed when it is received in the office o£,Administrative Hearings
during nortnal office hours. The Office of Administrative Hearings accepta filings Monday tivough
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.
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:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center .
�
This the 16th day of August, 2017
DNISION OF WATER RESOURCES
� � ���
S. Jay Zimmerman, Director
WQC No. 004080

Environm en tu I
Quality
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Wa[er Quality Certifica[ion:
County:
ROY COOPER
�;<,���-���,o�
MICHAEL S. REGAN
.crrrrl�u,�
S. JAY ZIMMERMAN
n;, � � ��„
Certificate of Completion
Upon completion of all work ap�tmved within the 401 Water Quality Certification or applicable Butl�er Rules, and
any subseyuen[ moditications, the applicant is required to re[um this certificate [o the 401 Transportation Permi[[ine
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessarv to send certificates from all of these.
Applicun7's Cerlificulion
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 obszrved to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportin� ma[erials.
Signatum: Date:
Age��t's Certifrcution
�, , hereby sta[e Ihat, to the best of my abilities, due care and diligence
was used in the observation of [he construction such that the construction was observed to be built within substantial
compliance and intent ofthe 401-�Wa[er Quality Certifica[ion and Buffer Rules, [he approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Cer(ifrcaliort
Partial Final
I, , as a duly registered Professional Engineer in [he S[a[e of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to Ihe bes[ of my abilities, due care and diligence was used in [he observa[ion of the
construction such that the construction was observed to be built wi[hin substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials.
Signamre
Da[e
Regis[ration No.
Slate of North Carolina I F nvimmnenml Qualitv
IbU Mail Service Cznter I Ralzigh, North Carolina 27699-1617