20181252 Ver 1_Approval Letter_20180921

ROY COOPER
cwernnr
MICHAEL S. REGAN
SP[tNNY
UNDA CULPEPPER
lrtfer+m Dtirerto.
NORi N CAROLINA
Envlronmenta! Qvalily
September 21, 2018
Cherokee County
NCDWR Project No. 20181252
Drainage improvements a[ Hamburger Alley
State Project No. R-573�
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. David Q McHenry Emironmental Supervisor
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. McHenry:
You have our approval, in accordance with [he conditions listed below, for the following impacts for [he purpose of
drainage improvements replacement in Cherokee Counry:
Total Stream Impac[ (or ProjecL• Id7 linear feet.
WetlanJ Impacis in We Hiawassee River Basin
Tntal
tiite Filllac) Netlxnd
Im . acl (ac�
WiA 1 (19D Q90
WR2 OJO 0.111
'�u[al I.00 LUO
Total Wetland Impact for Project: 0.10 acres.
The project shall be constructed in aceordance with your application received September 17, 2018 After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
4135. This certification corresponds m the Nationwide Permit 14 issued by the Corps of Engineers. In addition,
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

you should acyuire any other Tederal, state or local permits belore you proceed with your project includin, (but not
limited to) Sediment and Erosion Control. Non-Dischar��e and Water Supply Watershed re��ulations. This approval
will expire with the accompanyine 404 permit.
This approval is valid solely for the purpose and desi�n described in your application �unless moditied belo�a�).
Should your project change, you must no[ify the NCDWR and submit a new application. If the property is sold, [he
new owner must be given a copy of[his Certification and approval letter. and is [hereby responsible for complyine
with all the conditions. If rotal wetland fills for this project (now or in the future) exceed one acre, or of to�al
impac[s to streams (now or in [he fu[ure) eaceed I50 linear feet, compensa[ory mitiga[ion 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 certification(s) and any additional conditions listed below.
Condition(s) of Cer[ification:
General Conditions
Unless otherwise approved in this certification, placement of wlverts and other structures in open waters
and streams shall be placed below [he elevation of the streambed bq one foot for all culverts with a
diameter �reater than 48 inches. and 20 percent of the culver[ diameter for culverts havins a diameter
less than 48 inches, to allow low tlow passaee of water and aquatic life. Design and placement of
culverts and other structures including temporary erosion conVol measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or sveambeds or banks. adjacent [o or upstream
and downstream of the above strucmres. "1'he applicant is required to provide evidence that the
equilibrium is bein� maintained if reyuested in writing by NCDW R. If this condition is unable to be met
due to bedrock or other limitin, features encountered during construction, please contact NCDWR for
guidance on how to proceed and to determine whether or not a pennit modifica[ion will be required.
[ 15A NCAC 02H.0506(b)(?)]
Z. If concrete is used during construction, a dry work area shall be maintained to preveni direc[ contact
between curin� concrete and stream water. Wa[er that inadvertently contaets uncured concmte shall
not be discharged ro surface waters due �o the porential for elevated pH and possible aquatic life and
fish kills. [I�A NCAC OZB.0200]
3. Durin� the cons[ruc[ion of [he project, no staging of equipment of any kind is permitted in wa[ers of
the U.S., or protected riparian buffers. [ISA NCAC 02H.0506(b)(2)]
4. The dimension, pattem and profile uf the stream above and below the crossin�, shall not be moditied.
Dismr6ed fluodplains and streams shall be resrored to natural geomorphic conditions. [ I SA NCAC
OZFI.0506(b)(2)]
5. The use of rip-rap above the Normal Hi;h Water Mark shall be minimized. Any rip-rap placed for
s[ream stabilization shall be placed in strcam channels in such a manner [hat it does not impede
aquatic life passage. [ISA NCAC 02H.0906(b)(2)]
6. The Permittee shall ensure that the tinal design drawinos adhere to the permit and to the permit
drawings submitted for approvaL (I �A NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and
( �)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, cot�ferdams and other diversion structures shall be used to prevent
excavation in Flowing water. [ I5A NCAC 02H.0?O6(b)(3) and (c)(3)]
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carohna 276991617
9197079000
� �

8. Heavy equipment shall be operated from the banks rather than in [he s[ream channel in order [o
minimize sedimentation and reduce the introduction of other pollutants into the stream. [ISA 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 roxic materials.
[ I SA 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. [ISA NCAC 02H.0506(b)(3)]
I I. Discharging hydroseed mixmres and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibired. [ISA NCAC 02H.0�06(b)(3)]
12. The permittee and i[s authorized agents shall conduc[ its activities in a manner consisten[ with S[ate water
qualiry standards (includin, any requiremen[s resulting from compliance wi[h §303(d) ofthe Clean Wa[er
Act) and any o[her appropriate requiremen[s of Sta[e and Federal law. If the NCDWR de[ermines tha[
such standards or laws are not being met (including the failure to sustain a designared 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 [his certification. [ISA NCAC 026.0?00]
13. All fill slopes located in jurisdictional wedands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certifica[ion. [ I SA NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on �he construc[ion si[e at all [imes. In
addition, the Water Qualiry Certification and all subsequent modifications, ifany, shall be maintained with
the Division Engineer and [he on-si[e projec[ mana�ec [ISA NCAC 02H .0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
I5. The outside buffer, wetland or water boundary located within the construc[ion corridor approved by this
au[horization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. lmpacts to areas within the fencing are prohibited unless o[herwise authorized by this
certificatioa [I SA NCAC 02H.OSOI and .0502]
16. The issuance of [his certifica[ion does no[ exempt the Permi[[ee from complying with any and all s[a[utes,
rules. reeula[ions, or ordinances Ihat may be imposed by other �ovemment agencies (i.e. local, state, and
federal) havin�jurisdiction, including but not limi[ed to applicable buffer rules, stormwater managemen[
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of this certification to the Division of Water Resources wi[hin
24 hours ofdiscovery. [15A NCAC 02B.0506(b)(?)]
18. Upon completion of the project (including any impacts at associared borzow or waste sites), the NCDOT
Division En�ineer shall complere and re[um tlie enclosed "Certification of Completion Form" to notify
the NCDWR when all work included in the 401 Certification has been complered. [15A NCAC
02H.0502(t)]
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should wasre or borrow sites, or access roads to waste
or borrow sites, be bcated in wedands or streams, compensatory mitigation will be required since that is
a direct impact ftom road construction activities.� I SA NCAC 02H.0506(b)(3) and (c)(3)]
���.� � Q�,�
North Carolina Department of Environmen[al Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

20. Erosion and sediment control practices must he in full compliance with all specifications eovemine the
proper desien, installation and operation and maintenance of such Best Manaeement Practices in order to
prorect surface warers standards (ISA NCAC 0?H.0506(6)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with ihe most recent version of the Norrh Cnru/inu Ser/imenr mv�l
Erosion Con�ro! Plunning rmd DesiRiv hlunuu(.
b. The design. installation, operation. and mainteiiance of the sediment and erosion control measures
must be such that they equal, or exceed. the requirements specitied in the most recent version of the
Na•!!� Curolrno Sedimeiv und Erosion Ca�lrol hfunuul. The devices shall be main[ained on all
construction sires, borrow sites, and waste pile (spoil) projects. including contractor-owned or leased
borrow pits associated with [he project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with Ihe most recent version of the Nordi Cnro(inn Sui,Jncc
hlininX Alnnnnl.
d. The reclamation measures and implementation must comply with die reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
21. Sedimeot and erosion control measures shall not be placed in wedands or waters unless otherwise
approved by this Certification. [I SA NCAC 02H.Oi06(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certitication you must tile a petition for an administrative
hearing. You may obtain the petition form from the oftice of Administrative hearines. You must file the petition
with the oflice of Administrative Hearings within sixry (60) daqs 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 Otlice of
Administrative Hearings accepts tilings Monday [hrough Friday between the hours of 8:OOam and S:OOpm, escept
for otlicial state holidays. The orieinal and one ( I) copy of the petition mus[ be filed with the Of7ice of
Administrative Hearines.
The peti[ion may be faxed-provided [he original and one copy of the documen[ is received by the Oftice of
Administrative Hearin�s within five (5) business days follo�ving the fa�ed transmission.
The mailin, address for the Office of Administrative Hearines is:
Office of Administra[ive Hearings
6714 Mail Service Center
Raleigh. NC 27699-6714
Telephone: [phone]. Facsimile� (9I9) 43I-3I00
A copy of the petition must also be served on DEQ as tbllows:
Mr. Bill F. Lane, General Counsel
Department of Enviromnen[al Quality
160I Mail Service Center
This letter completes [he review of the Division of Water Resources under Section 401 of the Clean Wa[er Ac[. If you
have any questio�s, please contact Kevin Bamett at [phone] or kevin.barnett!a�nedencgov.
Sincerely,
,4,_.,.,... � Q�,�
North Carolina Department of Environmental Qualiry I Division of Water Resources
512 North Salisbury Street I 16ll Mail Service Center I Raleigh. North Carolina 2 7 699-16 1 7
919.707.9000

�i,/l� ��� ,
�
Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Mazla Chambers, NC Wildlife Resources Commission
.w. � Q�,�
North Carolina Department of Environmental Quality I Division of Water Resources
. 512 North Salisbury Street � 1617 Mail Service Centei � Raleigh. North Carolina 2769&1617
. : :'s�-r._,�_.�_,�,� �_�_.: 919.707.9000
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ROY COOPER
('Uv1'/1lq�
MICHAEL S. REGAN
SPIIfIQfy.
UNDA CULPEPPER
rnrarim arertor
NORTH CAROiINA
EnWronmental Qualfry
NCDWR Project No.:
Applican[:
Project Name:
County:
Da[e of Issuance of 401 Wa[er Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules. and
any subsequent modifications, the applicant is required to retum this certiticate to the 4D1 Transportation Pennittine
Unit. North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh. NC. 27699-1617. This form
may be re[umed to NCDWR by the applicant, [he applican['s au[horized agent, or the project engineer. It is no[
necessarv to send certificates from all of these.
AppUcanYs Cer�ificulion
I, , 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 Wa[er Quality Certification and Buffer Rules, the approved plans and
specifications, and other supponing materials.
Signature: Date:
AgenPs Certifrca7ion
[, , hereby state that, to the best of my abilities. due care and diligence
was used in the observation of the construction such that the consiruction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buft'er Rules, the approved plans and
specifications, and other supportin� materiais.
Signature:
Engineer's Cerlifieafian
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 [he project for the
Permittee hereby state that, to [he best of my abilities, due care and diligence was used in the observation ofthe
construction such Ihat the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specitications. and other supporting materials.
Signature
Date
Registration No.
�..._„�.,: D Q�,�'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Camlina 27699-1617
919.70�.9000
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