20180538 Ver 1_Approval Letter_20180419

Environmentu(
QUOI(f}�
ROY COOPER
�;�,� �-„��„
MICHAEL S. REGAN
4� �renmr
LINDA CULPEPPER
�,n.�,�7n� n,��rrr„��
April 19.3018
Cherokee Coimh
NCDWR Project No.'_OI80i38
Cherokee Bridge Number 163 - Bates Creek Rd
Stare Project Na I4SP.?0201.1
APPROVAL of �01 WATER QUALITY CCRTIFICATION with ADDITIONAL CONDITIOtiS
Mr. Patrick J. Breedlove, Emironmental Specialist
NCDOT, Division I4
2�3 Webster Road
Sylva. Nurth Carolina 2A779
Dear Mr. 6reedlove:
You havc our approval, in accordance with the conditions Iisted below. for the follo�vin, impacts fiir [he purpuse of
bridge replacement in Cherokec County.
Sfream Imp:icts in ihe 1-liawassce Ricer 13asin
Pcrnunen� FII Tem�nran FlII
in Pcrennial in Pcrrnninl
Total Streum
Si�e Im�wcl
Slream Stream
�linearN� Qineerfl)
Ilinear ft)
I I'Nl I`Nl
IA +4 1!
' M14 M11
iA 2i ii
'IS all all
TO"I':\L 129 ?3�F 363
lotal �Iream Impaci tor Pro�ecl: 363 Imrar tec[.
`fhe project shall be constructcd in accordance with your applicatiun and dated received April 17, 2018. ARer
rrviewim� yuur application, we have decided ihat these impacts are covered hy General Water Quality Certilication
Number 41i5. This certitication corresponds �o die (Nationwide/General) Pcrnii� Id issued b}� the Corps uf
En,ineers. In addition. you should acquire any o[her federal. slale ur local permi�s befure you proceed «ith your
project includin� (but not limired to) Sediment and L`rosion Control. Non-Dischar�,e and Water Supply Watershed
reeulations. This approval will e�pire with Ihe accompanyin!_ 40d perniit.
This approval is valid solely for the purpose and design described in your application (unless moditied below). Should
your project change, you must notit}- the NCDWR and submit a neu' applica[ion. If the propen�� is sold. Ihc new
owner must be given a copy� of this Certification and approval letter, and is thereb}� responsible for compiqing with alI
the co�ditions. If total weNand tills for this project (now or in the Yuture) exceed one acre, or of total impacts to
streams (noµ� or in the future) e�ceed 300 linzar feet, compensatorv miti� �tion may be reyuired as described in ISA
NCAC ?H .0506 (h) (6) and (7). Por this approval to remain valid. you must adhere to the conditions listcd in the
attached cer[ification(s) and any addi[ional conditions listed belo��.
SWm ol' Nonh Carol inu I Ene imnmintal Oual in
It.17MadSmi.eCtntrr Ralei�h.bunhCarolina'_76v9-Inl?

Condition(s) of Certi�cation:
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 (c)(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 fizrther 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
o2H.oso2( fl�
19. 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)]
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)]
Ifyou wish to contest any statement in the attached Certification you must fle 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 fled 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 S: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 Oftice of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administra[ive Hearings is:
Otiice 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:
Mc Bill F. Lane, General Counsel
Deparhnent 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 Bamen at [phone] or kevin.barnett(a�ncdenr.�ov.
Sincerely,
�j,� � _ � 01,,�
�.:�• I- �
�' Linda Culpepper, Interim Director
' Division of Water Resources
Electronic copy only distribu[ion:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
Kevin Barnett NC Division of Water Resources Asheville Regional Office
File Copy

Environmentul
Qualiry
NCUWR Project No.: _
Applicanf:
Pro,ject Name: _
Date o( Issuance of �01 Water Quality Certificatiun:
Counh:
ROY COOPER
r;.n�r,��,n,
MICIIAEL S. REGAN
]rorrurr
LINDA CULPEPPER
lmrrini Urrorio�'
Cer[ificate of Completion
Upun completion o[ all work approved within the J01 Water Quality Certiiication or applicable Buffer Rules, and
any subsequent modifcations, the applicant is required to return this certiflcate to the 401 Transportalion Perniiriin�
Unit, Nurth Carolina Division of Warer Resourczs, 1617 Mail Service Center, Raleigh, NC. _'7699-1617. lliis tixm
may be returned to NCDW'R by the applicant. [he applican['s authorized a,ent, or [he project emz,inzer. It is no[
necessarv to send cenihcatrs from all of thesz.
,4pplirmil's CertifrcNion
I. . hereby state tl�at, ro d�e best of my� abilities. due care and dilikence
was used in the observation of the construction such that the construc[iun was observed to be built within subs[antial
compliance and intent of Ihe 401 Water Qualih� Certificatiun and 6uffer Rules, the approved plans �nd
speciticati�ns, and other supportim� materials.
Si:�,nature: Date:
AgenPs Certificnlion
I, , hereby state that. tu the best of my abilities, due care and diligence
was used in the observation of ihe cons[ructiun such [hat �he construction was observed to be built within substantial
compliance and in[ent of the d01 V�'arer Quality Certifica[ion and Buffer Rules. [he approved plans and
specifcations, and othcr supponing materials.
Signature:
F.ngi�teer's Cerfifrcntion
Partial
Final
Date:
I, , as a duly registered Professional En,ineer in �he State of North
Carolina, havin_ bccn authorized to observe (peric�dically, weekly, full time) die constructiun of the project for thc
Permittee hcrebv statc that, to the best of nry abilities, due care and diligence was used in ihc observation of the
construciion such that th� construction was observed to be built within substantial compliance and intent ot the d01
Wa[er Qualitg Certifica�ion and Buffer Rules, die approved plans and specifications, and other s'upportin,' materials.
Signature
Date
Reaistration No.
S�ntc nl North Carolinu i Emimnmzntal Quaht�
1�,17 Msil Szn�ice Cznlcr I Ruleigh. Vnrth Carrolina'_769)-I nl7