20181716 Ver 1_Approval Letter_20190108

NORT H CAROiINA
ROY COOPER Envtronmenruf QuaBry
Gnvminr
MICHAEL S. REGAN
sxrrra.y
UNDA CULPEPPER
fitertm Direna
January 8, 2019
Jackson County
NCD W R Project No. 2018-1716
Haywood County Bridges 175 & 174
WBS Project No. 14SP20441.1 & .2
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Patrick Breedlove, Division Emironmental Specialist
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. Breedlove:
You have our approval, in accordance with the conditions lis[ed below, for the following impacts for the purpose of
bridge replacements in Haywood County:
Stream Impacts in the French Broad River Basin
Permanent Fill Temporary Fill
in Perennial in Perennial Total Stream
Site Stream Stream �mpact
(linear ft)
Qinear ft) (linear ft)
S1 40
S2 30
S3 55
S4 I10 IIO
SS ?0 20
S6 45 45
S7 45 45
TOTAL 140 205 345
Total Stream Impact for Project: 345 linear feet.
The project shall be constructed in accordance with your application dated received December 18, 2018. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4132. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
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North Carolina Departmen[ of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

(but not limi[ed to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with [he accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must no[ify [he NCDW R and submi[ a new application. If [he proper[y is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with 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 fumre) exceed I50 linear feet, compensarory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). . For this approval to remain valid, you must adhere to [he
wnditions listed in the attached cercification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
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 NC Wildlife Resources Commission. No in-wa[er work
is permitted be[ween October 15 and April 15 of any year, without prior approval from the NC Division of
Water Resoumes and the NC Wildlife Resources Commission.
Imstream work and land dis[urbance within [he 25-foot buffer zone are prohibited during the trou[-
spawning season of October 15 [hrough April 15 to protect [he egg and fry stages of [rout.
2. The NCDOT Division Emironmen[al Officer or Environmen[al Assistan[ will conduc[ a pre-construction
mee[ing with all appropriate s[aff to ensure that the projec[ sopervisor and essential staff understand [he
po[en[ial issues wi[h stream and pipe alignmen[ a[ [he permitted site. NCDWR staff shall be imi[ed to [he
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
General Condi[ions
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 wa[er and aqua[ic life. Design and placemen[ of
wlverts and other strucmres 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 upsVeam
and downstream of the above sVuc[ures. The applicant is required to provide evidence tha[ [he
equilibrium is being maintained if requested in wri[ing by NCDWR. Ifthis 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 [o determine whether or not a permit modification will be required.
[15A NCAC 02H.0506(b)(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 inadvertendy contacts uncured concrete shall
not be discharged to surface wa[ers due to the potential for elevated pH and possible aquatic life and
fish kills. [I SA NCAC 02B.0200]
During the construction of the projec[, 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)]
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 16P Mail Service Center � Raleigh, North Carolina 27699-1617
919707.9000

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. [ I SA NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Wa[er 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 [he permit and to [he permit
drawings submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(�)7
7. All work in or adjacent [o stream waters shall be conduc[ed 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 strucwres 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 of other pollutants into the stream. [ I SA 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.
[ISA NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the s[ream channel except where authorized by this
certificatioa [15A NCAC 02H.0506(b)(3)]
I I. 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 requiremen[s of S[ate and Federal Iaw. If [he NCDWR determines [ha[
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 further 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 weUands 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 Quality Certification shall be maintained on the wnstruction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and Ihe on-site project managec [15A NCAC 02H .0507(c) and ISA NCAC 02H
.0506 (b)(2) and (c)(2)]
15. 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 diswrbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [ 15A NCAC 02H.0501 and .0502]
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NoRh Carolina Department of Environmen[al Qualiry I Division of Wa[er Resowces
512 North Saiisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

16. The issuance of this certification does not exemp[ [he Permittee from complying with any and all sta[utes,
rules, regulations, or ordinances Ihat may be imposed by other governmen[ agencies (i.e. local, state, and
federal) having jurisdiction, including bu[ 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. [ I SA NCAC 02B.0506(b)(2)]
18. Upon completion of the project (incloding any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and re[urn the enclosed "Certification of Completion Form" [o notify
the NCDWR when all work included in the 401 Certification has been completed [15A NCAC
02H.0502(�]
19. 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 impac[ from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sediment control practices must be in full compliance with all specifica[ions governing [he
proper design, installa[ion and opera[ion and main[enance of such Best Management Practices in order [o
protect surface waters standards [ I SA 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 Sedimen� and
Erosion Con�rol Planning and Design Mam�al.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such [ha[ they equal, or exceed, the requirements specified in the mos[ recent version of [he
North Carolina Sedrment and Erosion Con�ro! Manval. The devices shall be maintained on all
construction si[es, borrow sites, and waste pile (spoil) projects, including contractorvowned or leased
borrow pits associated wi[h [he projec[.
c. For borrow pit si[es, the erosion and sedimen[ control measures must be designed, installed,
opera[ed, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manuu[.
d. The reclama[ion measures and implemen[ation must comply wi[h [he reclamation in accordance
with the requirements of [he Sedimen[ation Pollu[ion Control Ac[.
21. Sediment and erosion control measures shall not be placed in wedands or wa[ers unless otherwise
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 [he petition form from the office of AdminisRative hearings. You must file the petition
wi[h the office of Administrative Hearings within sixty (60) days of receip[ of [his 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 [hrough Friday be[ween the hours of 8:OOam and S:OOpm, excep[
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 wi[hin five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Adminis[rative Hearings
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North Carolina Departmenl of Environmental Quality ��, Division of Water Resources
512 North Salisbury Stieet I 1617 Mail Service Center . Raleigh, North Carolina 27699-16P
919.707.9000

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
Department of Environmental Quality
1601 Mail Service Cen[er
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 Barnettat [phone] or [e-mail].
Sincerely,
v �f
Lin Culpepper, irector ��
Division of Water esources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
File Copy
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699d617
919.707.9000

ROY COOPER
Gervrma
MICHAEL S. REGAN
Svaerary
LIN�A CULPEPPER
lrtferim D+rriYor
NCDWR Project No.:
Applicant:
Project Name:
NOR1H CARO'�INA
FnNronmento! Quallry
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifica[ions, the applicant is required [o re[urn this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resouroes, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applican[, [he applican['s authorized agent, or the project engineer. It is not
necessary to send certificates from all of [hese.
ApplicanYs CerliJication
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the cons[ruc[ion such tha[ the construction was observed [o be buil[ within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre: Date:
Agenf's Certifrcation
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 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to 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 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 Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signamre
Date
Registration No.
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North Carolina Departmen[ of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 16ll Mail Service Center � Raleigh, North Carolina 27699Q6P
919707.9000