20170969 Ver 1_Approval Letter_20171004

En viron men t a!
Quality
ROY COOPER
���,����,�„��
MICHAEL S. REGAN
sr� �.r�,�,
S. JAY ZIMMERMAN
t�r,. � ��„
Ocrober4,2017
Mitchell County
NCDWR Project No.2017-0969
Bridge 29 on NC226
TIP Project No. B-5170
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIOIVS
Mr. Philip S. Harris, P.E..
NCDO'�, Environmental Analysis Unit
1598 Mail Service Cen[er
Raleigh, North Carolina?7699-1�98
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts (or the purpose of
bridge replacement in Macon County. This approval replaces the document issued Au,usl 16, 2017.
Stream Imoncts in [he French 13road Rio�er Basin
Permanent Fill Tem�rary Fill
Total Stream
in Perennial in Perennial
Site Inq�act
Sfream Stream
(linear ftl llinear ffl (linear ft)
I � � '_9 j '9
3 10 10
, �p ,p
? 13 li
' 41
T07�AL 30 J2
Total Stream Impact for Projec[: 72 linear feet.
The project shall be construc[ed in accordance with your application dated Aueust 4, 2017. After reviewing your
application, we have decided that these impacts are covemd by General Water Quality Certitication Numbers 7087,
J093, and 4094. This certification correspond to the Nationwide Permi[s 13. 23. and 33 issued by the Corps of
Enginzers In addition, you should acyuire any other federal, sta[e or local permi[s before you proceed with your
project including (but not liinited to) Sediment and Erosion Control. Non-Discharge and Water Supply Watershed
reeulations. This approval will espire with the accompanying 404 perniit.
This approval is valid solely for the purpose and design described in your application (imless modified below).
Should your project change, you mus[ no[ify the NCDWR and submit a new application. If the property is sold, the
new owner must be eiven a copy of this Certification and approval lettec and is thereby responsible for complying
with all the conditions. If rotal wedand fills for this project (now or in the future) exceed one acre, or of total
impacts ro streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in I �A NCAC 2H .0506 (h) (6) and (7). For lhis approval [o remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Smte of North Carolina I Envvonmental Qualii}'
1617 Mad Service Con2r I Ralcigh, North Caroline 27699-1617

Condition(s) of Certi�cation:
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.
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 modifcation 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 imal 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 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] _
2. Native riparian vegetation 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.0231(a)(6)]
3. 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 CaroZina 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. 7'he 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 this Certificatioa [15A NCAC 02H.0506(bx3) and (cx3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petiNon fortn 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 nortnal office hows. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one Q) copy of the petition must be filed with the Office of
Administrative Hearings.
The petirion 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 Act. If you
have any questions, please contact Kevin Bamett at [phone] or [e-mail].
Sincerely,
' ��V
S. Ja immerman, irector
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger Bryan, Division 13 Environmental Officer
Colin Mellor, NC Departrnent of Transportation
Cazla Dagnino, NC Department of Transportation
Marla Chambers, NC Wildlife Resources Commission
File Copy

EnvironmEviti�l
Quality
NCDWR Project No.:
Applicant:
Projcct Namc:
Da[e of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
<;occn�or
MICHAEL S. REGAN
s,�� �,�. r,,��� �
S. JAY ZIMMERMAN
n�,�,�,�r�„�
Certificate of Completion
Upon comple[ion of all work approved wi[hin the 401 Water Quality Certitica[ion or applicable ButFer Rules, and
any subsequent moditications, Ihe applicant is required to retum this certificate to [he 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Cenrer. Raleigh, NC, 27699-1617. This form
may be re[urned ro NCDWR by the applican[, the applican['s aothorized agent, or [he project en�ineer. It is not
necessarv to send certifica[es from all of �hese.
4pp(icu�vPs Cerliftcalinii
1, , hereby s[a[e [ha[, to [he 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 Warer Quality Certitication and Buffer Rules, the approved plans and
specifications, and o[her supporting materials.
Signature: Date:
,4genYs Cerlificafioi�
I, . hereby s�ate that, ro the best of my abili[ies, due care and diligence
was used in die observation of the construction such that Ihe construction was observed to be built wilhin substantial
compliance and intent of the 401 Wa[er Quality Certification and Bufler Rules, [he approved plans and
specifications, and other supporting materials.
Signature:
Engiiieer'.s Cerlifrcntinn
Partial Final
I. , as a duly registered Professional Eneineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of Ihe project for the
Permiuee hereby state that, to the best otmy 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 Certification and But%r Rules. [he approved plans and specifications, and other supporting materials.
Signature
Da[e
Registration No.
Sta�e ol Nonh Caroiina I f_nwmnmental Qunlity
I6f 7 Mail Service Center I Raleigh, Nonh Caolinu 2769H-1617