20181268 Ver 1_Approval Letter_20180921

M �
NORT H CAROzINA
ROY COOPER fnvlronmmrot Qualtty
Covrma
MICHAEL S. REGAN
Srcrerarr
L{NDA CULPEPPER
rntartn, au.rcrw
September 21, 2018
Macon Coun[y
NCD W R Project No. 20181268
Brid�e 9 on Ellijay Road
State Project No. B-6029
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL COhDITIONS
Mr Patrick J. Breedlove Environmental Specialist
NCDOT, Division 14
253 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 Macon Counry:
Stream Impacts in the LitHe Tennessce Ri��er Basin
Pennanenf Fill Temporary FiII
in Perennial in Perennial Total Stream
Site Stream Stream �mpect
linear ft linear ft O�near k)
I 200 200
' 144) 140
Tolul 140 200 340
Total S[ream Impact for Project: 340 linear feet.
The project shall be constructed in accordance with your applica[ion received September 14, ?018 After reviewing
your application, we have decided that [hese impacts are covered by General Water Quality Certification Number
4132. This certification corresponds to [he Nationwide Permit 3 issued by the Corps of Engineers. In addi[ion, you
should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Con[rol, Non-Discharge and Warer 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 moditied below).
Should your project change, you must notify the NCD W R and submit a new application. If the propzrty is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
a..��._.� Q�,�
North Carolina Department of Environmental Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

with all [he condi[ions. If total wetland fills for Ihis projec[ (now or in Ihe future) e�ceed one acre, or of total
impacts [o streams (now or in [he future) exceed I50 linear feeL compensatorv mi[iga[ion may be required as
described in ISA NCAC 2H .0506 (h) (6) and (7For this approval to remain valid, you mus[ adhere to the conditions
listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certitication:
Project Specific Conditions
I. The permittee will need to adhere to all appropriate in-water work inoratoria (including the use of pile
drivin_ or vibration techniques) prescribed by [he NC Wildlife Resources Commission. No in-water
work is permitted between October I S and April 15 of any year, without prior approval from [he NC
Division of Water Resources and the NC Wildlife Resources Commission.
In-stream work and land disturbance within [he 2�-foo[ buffer zone are prohibited durine [he trou[-
spawning season of Oc[ober I i[hrough April 1$ to pro[ec[ the e,g and fry staees of trou[.
2. The NCDOT Division Environmental Officer or Environmental Assistant will conduc[ a pre-construction
meeting with all appropriate staff to ensure ihat the project supervisor and essential staff understand the
po[ential issues with stream and pipe alignment at the permitted si[e. NCDWR staff shall be invi[ed to
the pre-construction meeting. [ ISA NCAC 02H.0506(b)(2) and (b)(3)
General Conditions
Unless otherwise approved in this certification. placement of culverts and other structures in open warers
and streams shall be placed below lhe elevation of [he streambed by one foot for all culverts with a
diame[er greater than 48 inches, and 20 percent of the culvert diameter for cu�verts havine a diame[er
less than 48 inches, to alloa� low flow passage of water and ayuatic 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 ro or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
eyuilibrium is beine maintained if requested in writing by NCDWR. If this condition is unable to be met
due to bedrock or o[her limi[ine features encoun[ered during construcfion, please contact NCDWR for
guidance on how to proceed and to deterniine whether or not a pennit modification will be required.
[I SA NCAC 02H.0>061b)(2)]
2. If concrece is used during construction, a dry work area shall be maintained to prevent direct contact
between curine concmte and stream water. Wa[er that inadvertendy contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
tish kills. [ISA NCAC 026.0?00]
3. During the construction of the project. no stagine of equipment of any kind is permitted in waters of
the U.S.. or protected riparian buffers. [ ISA NCAC 02H.05p6(b)(2)]
4. The dimension, pattern and protile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be resrored to natural geomorphic conditions. [15A NCAC
02H.Oi06(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. [ISA NCAC 02H.0506(h)(?)]
�..,... � Q�,�
North Carolina Department of Environmental Qualiry I Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919707.9000

6. The Perniittee shall ensure [hat the final design drawings adhere to the pernii[ and ro the permit
drawings submitted for approvaL [ISA NCAC 02N .0507(c) end 15A NCAC 02H .0506 (b)(2) and
(�)('-)7
7. All worh in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the mos[ wrrent version of NCDOT Construc[ion and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in Flowing watec [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 ofo[her pollutants inro the stream. [15A NCAC
0? H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained [o
prevent contamination of sReam waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[ISA NCAC 02H.0�06(b)(3)]
10. No rock, sand or other materials shall be dred�ed from the stream channel except where authorized by this
certification. [ISA NCAC 02H.0�06(b)(3)]
I I. Discharging hydroseed mixtures and washing out hydroseeders and other eyuipment in or adjacent to
surface wa[ers is prohibi[ed. [ISA NCAC 02H.0506(b)(3)]
12. The pemii[tee and its authorized agen[s shall conduc[ i[s ac[ivi[ies in a manner consistent with State water
quality standards (including any requiremen[s msulting from compliance with §303(d) ofthe Clean Wa[er
Ac[) and any other appropriate requiremen[s of State and Federal law. If the NCDWR determines that
such standards or laws are not being met ( including the failure to sustain a desi�nated or achieved use) or
that State or federal law is beine violated, or that further conditions are necessary to assure compliance,
[he NCDWR may reevaluate and modify this certification. [ I SA NCAC 02B.0200]
I3. All fill slopes located in jurisdictional wedands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by [his certification. [ I�A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certifica[ion shall be maintained on the construc[ion site at all times. In
addition, the Water Quality Certiftcation and all subsequent modihcations, if any, shall be maintained with
[he Division Engineer and the on-site prqject manaeec [I�A NCAC 02H .0507(c) and 15A NCAC 02H
.0506 (b)(2) and (c)(3)]
I5. The outside buffer, wedand 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 au[horized by this
certification. [ISA NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from wmplying with any and all statutes,
rules, regulations, or ordinances [hat may be imposed by other govemment agencies (i.e. IocaL s[ate, and
federal) havingjurisdic[ion, including but not limi[ed [o applicable buffer rules, stormwater managemen[
rules, soil erosion and sedimentation control requiremen[s, etc.
17. The Permittee shall report any violations of this cenitica[ion to the Division of Water Resources within
24 hours of discovery. [ I SA NCAC 02B4O506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), [he NCDOT
Division En�ineer shall complete and return the enclosed "Cenification of Completion Form" to notify
���..� Q��'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

the NCDWR when aIl work induded in the 401 Certification has been completed. [ISA NCAC
02H.0502(�]
19. i'here shall be no excava[ion hom, or waste disposal into. jurisdictional wedands or wa[ers associa[ed
widi this permit without appropria[e modifica[ion. Should waste or bortow sites, or access roads [o was[e
or borrow sites. be located in wedands or streams, compensatory mitigation will be required since that is
a direct impact from road construction activit�ies. (ISA NCAC 02H.0506(b)(3) and (c)(3)]
20. Grosion and sediment control prac[ices must be in full compliance wi[h aIl specifications eovernine [he
proper desi;n, installation and operation and maintenance of such Best Management Pracfices in order ro
protectsurface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sedimen[ control measures for the project mus[ be designed, installed, opera[ed,
and maintained in accordance with the most recent version of the Nordv Cnrolrna Sediment ond
Erosion Co�vlrol PlanninK und Design Mnnaul.
b. The desi�n, installation, operation, and maintenance of the sedimen[ and erosion control measures
must be such that they equal, or exceed. [he requirements specified in die most recent version of the
Norlh Curolincr Sedimenl und Erosiai Cunn�ol Man«al. The devices shall be maiotained on all
construction sites, borrow sites, and waste pile (spoil) prqjects, includine contrac[or-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sedimem control measures must be designed, installed.
operated, and maintained in accordance with [he most recent version of the ,M'nr�h Curnlino San%ace
Mir�ing MnnFraf.
d. The reclamation measures and implementation must comply with the reclamation in aaordance
with the requirements of the Sedimentation Pollution Control Act.
Z I. Sediment and erosion control measures shall not be placed in wetlands or waters unless o[herwise
approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
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 hcarines. You must file the petition
with [he office of Administrative Hearines within sixty (60) days of receipt of this notice. A petition is considered
filed when i[ is received in the oftice of Administrative Hearines durine nonnal ofTice hours. The Office of
Administrative Flearines accepts filings Monday through Friday between the hours of 8:OOam and S:pOpm, except
for official state holidays. The original and one ( I) copy of the petition must be filed wi[h the Oftice of
Administrative Hearin�s.
The petition may be faxed-provided the orieinal and one copy of the document is received by [he Office of
Administrative Hcarin,s within tive (5) business days following the faxed transmission.
The mailin, address for the OFfice of Adminis[rative Hearings is:
Oftice of Administrative Hearines
6714 Mail Service Center
Raleieh. NC 27699-6714
Telephone: (919) 43I-3000, Facsimile: [phone]
A copy of the pe[ifion must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
160I Mail Service Cen[er
�..,_... � Q�y
North Carolina Departmen[ of Environmental Qualiry I Division of Water Resources
512 North Salisbury S[ree[ ; 1617 Mail Service Center Raleigh. North Carolina 27699d617
919.707.9000

This letter completes the review ofthe Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Kevin Bame[t at [phone] or kevin.barnett u�ncdencgov.
S i�i�
i�/���
� Linda Culpepper, 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
,_._.,,. � Q��
North Carolina Department of Environmen[al Quality I Division of Water Resources
512 North Salisbury S[reet � 1617 Mail Service Center I Raleigh, NORh Carolina 27699-1617
� 919707.9000

ROY COOPER
Gnvrnr�
MICHAEL 5. REGAN
SP(/lf�'
LINDA CULPEPPER
lrtferrm O+rcx7or
NOR1H GRRU�INA
Envlronmenrot Qnarrry
NCDWR Project No.:
Applicanh
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certircate of Comple[ion
Upon completion of ali work approved within the 401 Water Quali[y Certification or applicable But%r Rules, and
any subsequent moditications, the applicant is required [o retum this certificate to the 401 Transporta[ion Permi[tin�
Unit, North Carolina Division of Wa[er Resources, I6I7 Mail Service Center, Raleigh, NC, 27699-I617. This form
may be remmed to NCDWR by the applicant, the applicant's authorized aoent, or the project engineer. It is not
necessary ro send certificares from all of these.
App/icun!'s Certifcatian
1. , 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 of the 401 Water Quality Certitication and Quffer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature: Dare:
Agen!'s Certifrcntion
I. , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such tha[ thc construc[ion was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and 6uffer Rules, the approved plans and
specifications, and other supportin� ma[erials.
Signature:
Engineer's Cerlificutinn
Partial Final
1, , as a duly registered Professional Bngineer in [he S[ate of North
Carolina, havinL been authorized ro observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and dilieence 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 Cenification and Buffer Rules, the approved plans and specifications, and other supponin, materials.
Signature
Da[e
Registration No.
��,..:� Q�,.�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North SalisCury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919707.9000