20160070 Ver 2_Approval Letter_20180502

En vironmen ta I
Qualiry
ROY COOPER
c;����r,�„�,�
MICHAEL S. REGAN
.ti;�iv�rr,u�r
LINDA CULPEPPER
bilei'im l)irPalor
May 2, 2018
Yancey County
NCDWR Project No. 20160070 V. 2
Brid�e 16 on NC197
WBS Project No. 416653A
APPROVAL of 401 WATF,R QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mr. Ro�er D. Bryan, Division Environmental Officer
NCDOT, Division 13
» Oran�e Street
Asheville, North Carolina 2880I
Dear Mr. Bryan:
You have our approval, in acwrdance with the conditions listed below, for the following impacts for the purpose of
bridge replacenrent in Yancey County:
S[ream Im acts in the French Broad River Basin
Permanent FII Temporary FII
in Perennial in Perennial TOtal Stream
Site Stream Stream �mpact
linear ft linear R (��near tY)
SI I10 110
5� �� »
S3 32 3?
"I'07'.4L 132 32 164
Total Stream Impact for Project: t64 linear feet.
The projec[ shall be constructed in accordance with your application dated received April 26, 2018 After reviewing
your application, we have decided that these impacts are covered by General Warer Qualiry Certitication Number
413�. l his certification corresponds to the Nationwide Permit 14 issued by the Corps of En,ineers in addition, you
should acquire any other federal, state or local pemiits before you proceed with your project including (but not
limited to) Sediment and Erosion Control. Non-Discharge and Water Supply Wa[ershed regula[ions. This approval
will expire wi[h the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your applica[ion (unless modified below).
Should your project change, you must notify the NCDW R 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 complyin�
with aIl the conditions. Iftotal 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 I SO linear feet, compensatory miti�ation may be required as
described in I�A NCAC ?I I.Oi06 (h) (6) and (7). For this approval ro reinain valid, you tnust adhere to the
conditions listed in the attached certitica[ion(s) and any additional condi[ions listed below.
Stacz otNnnh Carolina I Em'imnmental Quality
1617 Mail Scrvicz Ccnmr I 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 1VC 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-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-
spawning season of October 15 through April 15 to protect the egg and fry stages of trout.
2. The NCDOT Division Environmental Officer or Environmental.Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to
the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
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 fmal 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 regularty inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(bx3)]
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)]
ll. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(bx3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent wi[h State water
qualiry 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 detertnines that
such standards or laws aze not being met (including the failure ro sustain a designated or achieved use) or
that State or federal law is being violated, or that fwther conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200]
13. All fill slopes bcated in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
othenvise authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Qualiry Certification shall be maintained on the construction site at all times. [n
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager. [ISA NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) and (c)(2)]
15. The ouuide buffer, wetland or water boundary located within the construction cocridor approved by this
authori�ation shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless othenvise au[horized by this
ceRification. [15A NCAC 02H.0501 and .0502]
16. The issuance of this certification dces not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment 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 retum 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(�]
19. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geogrep6ic regiou)
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.OXXX(10)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associaced
with this pertnit without appropriate modiftcatioa Should waste or bortow sites, or access roads to was[e
or bortow sites, be bcated in wetlands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activities.[15A NCAC 02H.0506(bx3) and (cx3)]
21. Erosion and sediment control practices must be in full comptiance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standazds [15A NCAC 02H.0506(bx3) and (c)(3]):
a. T'he erosion and sediment wntrol measures for the project must be designed, installed, operated,
and main[ained in accordance with the most recent version of the Norrh Cmolina Sediment and
Erosion Control Plannrng and Design Manual.

b. The design, instatlation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most cecent version of the
North Carolrna Sediment and Erosron Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractorvowned or leased
borrow piu 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 Carolrna Surface
Mrning 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 wntrol measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [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 petition form from the office of Adminishative 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 accepu filings Monday Uvough 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 fa�ced-provided the ariginal and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the fa�ced transmission.
The mailing address for the Office of Administrative Heazings is:
Office of Administrative Heazings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Deparknent 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,
��
Linda Cu epper, Interim ctor
Division of Water Resource
Electronic copy only distribution:
L,ori Beckwith, US Army Corps of Engineers, Asheville Field Office
Mazla Chambers, NC Wildlife Resources Commission
File Copy

Environrnentui
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 40t Water Quality Certification:
County:
ROY COOPER
t�����r�����,��
MICHAEL S. REGAN
ti, :,,v���,
LINDA CULPEPPER
lniri�int l)irr'rror
CertiPcate of Completion
Upon completion of all worh approved within the 401 Water Quality Certitication or applicable Buffer Rules, and
any subsequent modifications, the applicam is required to retum this certificate to [he 40I Transportation Permit[ing
Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleieh. NC, 27699-1 6 1 7. This form
may be returned to NCDWR by the applicant, the applicant's authorized aeent, or the project engineer. It is not
necessary ro send certificates from all of these.
Applicnnt's Certlfrculinre
I, , hereby stare that, to the 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 thc 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specitications, and other supporting mareri�ls.
Sienature: Date'
.4genPs Cerlification
I, , hereby sta[e [haC, to fhe best of my abilities, due care and diligence
was used in Ihe observation of the construction such that the construction was observed to be built within substantial
compliance and intent of lhc 401 Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and
specifica[ions,. and oHier supportin� materials.
Sienature: Date:
Ewgiiieer's Cerrifieution
Partial Final
I, , as a duty registered Professional Gngineer in the S[ate of North
Carolina, havina been authorized to observe (periodically, weekly, full time) the construction of [he project for [he
Permit[ee hereby state [hat, ro lhe best of my abilities, due care and diligence was used in the observation of ihe
construction such that the construction was observed to be built within substantial compliance and inrent of the 401
Water Quality Certification and Buffer Rules, die approved plans and specifications, and other supportin2 materials.
Signature
Date
Registration No.
Slaie ol North Carnhna I Gnvvonmental Quahly
1617 Mail Service Centzr I Raleigh. Nonh Carolma?7699-Ib17