20180613 Ver 1_Approval Letter_20180504

ROY COOPER
G„i�e.nor
MICHAEL S. REGAN
.4� a�rrrvr
Envirorlmentai LINDA CULPEPPER
lnlerirn (�irermr
QUQ�Icy
May 4, 2018
Cherokee County
NCD W R Project No. 20180613
Bridge 226 on Grape Creek Road
TIP Project No. 17BP.14.R.86
APPROVAL of 40t WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Mc Patrick Breedlove, Division Environmental Specialist
NCDOT, Division I4
?i3 Webster Road
Sylva, North Carolina 28779
Dear Mr. Breedlove:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
bridge replacement in Cherokee County:
Stream Impac[s in the Hiwassee River Basin
Permanen[ Fill Temporary Fill To[al Stream
Si[e �n Perennial in Perennial �m ct
Stream Stream �
(linear fr)
(linear ft) Qinear k)
Sl 81 81
S2 177 177
S3 20 20
S4 20 35
TO"fAL 121 177 313
Total Stream Impact for Project: 313 linear feet.
The projec[ shall be cons[ruc[ed in accordance with your applica[ion da[ed received May 3, 2018. After reviewing
your applica[ion, we have decidzd [hat [hese impacts are covered by General Water Quality Certification Number
4135. This certification corresponds to the Nationwide Pennit 14 issued by the Corps of Engineers in addition, you
should acquire any other federal, s[ate 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 eapire with [he accompanyin� 404 permi[.
This approval is valid solely for the purpose and desien described in your application (unless modified below).
Should your projec[ change, you must no[ify [he NCDWR and submit a new applica[ion. If the property is sold, [he
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
witli alI 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 I50 linear feet, compensatory mitigation may be required as
described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certitication(s) and any additional conditions listed below.
Condition(s) of Certification:
State of North Carolina I Emironmental Qualily
1617 Meil Szrvicz Czntzr I Raleigh. North Camlina 27699-1617

Project Specific Conditions �
1. 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
thepre-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 far 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)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) 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 ro sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary ro assure compliance,
the NCDWR may reevaluate and modify this certificatioa [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(bx2)]
14. A copy of this Water Quality Certification shall be maintained on the consuuction 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 managec [15A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (bx2) 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. [ I SA 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 government agencies (i.e. Iceal, state, and
federal) having jurisdiction, including but not limited ro applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
I7. 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)]
1 S. Upon completion of the project (including any impacts at associated borrow or waste sites), Ute NCDOT
Division Engineer shall complete and retum the enclosed "CeRification of Completion Form" to no[ify
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 geographic region)
must be reestablished in the riparian areas within the consdvction limits of the project by the end of the
growing season following completion of construction. [ 15A NCAC 026.OXXX(10)]
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 constrvction activities. [15A NCAC 02H.0506(bx3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards [ 15A NCAC 02H.0506(bx3) and (cx3]):
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 Carolrna Sediment and
Erosion Contro/ 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 Sedrment and Erosron 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 bortow 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 acwrdance
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 [his Certificatioa [15A NCAC 02H.0506(bx3) and (cx3)]
If you wish to wntest 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 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 accepts filings Monday through 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
Departrnent of Environmental Quality
1601 Mail Service Center
This letter comple[es 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].
Sincerely,
;� ;
.1 . /1, e ��•.
`' Ou!`
Linda ulpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy

Environ m en tu i
Quality
NCDWR Project No.:
Applican[:
Project Name:
Da[e of Issuance of 401 Water Quality Cer[ification:
County:
ROY COOPER
c�,��,•,�,��>�
MICHAEL S. REGAN
.srcrean,-
LINDA CULPEPPER
lmirlm Direc�or
Certiftcate of Completion
Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and
any subsequent modifications. the applicant is required ro retum this certificare to the 401 Transportation Permittin�
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
ma}' be retumed to NCDWR by the applicant, the applicant's authorized agent, or the projec[ engineec I[ is not
necessary [o send certifica[es from alI of �hese.
ApplicanYs Cer�ification
�, , hereby s[a[e tha[, [o the best of my abilities, due care and diligence
was used in the observation of the construction such tliat the construction was observed m 6e built within substantial
compliance and inten[ of [he 401 Wa[er Quality Certification and E3uffer Rules. [he approved plans and
specifications, and other supporting materials.
S igna[ure: Date:
AgenP.s Certifreuliat
�, , 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 observed to be built within substantial
compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supponing materials.
Signature:
Eiigiiieer's Cerlifrcnteoie
Partial Final
�, , as a duly reeistered Professional Engineer in [he State of North
Carolina, having been authorized [o observe (periodically, weekly, full [ime) the construction of the project for [he
Permitfee hereby sta[e that, to the best of my abilities, due care and diligence was used in the observation of �he
wnstruction such that the construction was observed to be built within substantial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signawre
Date
Registration No.
State ofNonh Wrolina I Envimnmental Qualiry
1617 Mail Servwe Cznrer I Ralelgh, Nonh Caroline 27699-1617