20190023 Ver 1_Approval Letter_20190110

ROY COOPER
Governur
MICHAEL S. REGAN
Secrclurc
LINDA CULPEPPER
Dircetor
NOR? H CARCJiINA
EnWronmenmf Qnalfty
January IQ 2019
Cherokee County
NCDWR Project No. 20190023
Culvert Replacement — Ledford St.
W BS Project No. I 5314. I 020011
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. David McHenry, Division Environmental Supervisor
NCDOT, Division 14
253 Webster Road
Sylva, North Carolina 28779
Dear Mr. McHenry:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
culvert replacements in Cherokee Coonty:
Stream Impacts in the Hiawassee River Basin
Permanent Fill Temporary �II
in Perennial in Perennial
Total Stream
Site Stream Stream �I�ct
(linear fr)
(linear ft linear ft
S1 65 0 65
Total Stream Impact for Project: 65 linear feet.
The project shall be constructed in aceordance with your application da[ed received January 7, 2019. 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. 1❑
addition, you should acquire any other federal, state 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 expire with the accompanying 404 permit.
This approval is valid solely for [he purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all 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 150 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
conditio�s listed in the attached certification(s) and any additional conditions IisYed below.
a..�:,. � Q�,�
North Carolina Department 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

Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmen[al Assistan[ will conduct a pre-constraction
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. [ I SA NCAC 02H.0506(b)(2) and (b)(3)
General Conditions
Unless o[herwise approved in this certifica[ion, placemen[ of culverts and other structures in open waters
and streams shall be placed below the eleva[ion of the streambed by one foot for all culverts with a
diameter greater [han 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 aqua[ic 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 [he above structures. The applicant is required ro provide evidence that the
equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be me[
due to bedrock or o[her limiting fea[ures encoontered during construction, please contac[ 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 construc[ion, a dry work area shall be maintained [o preven[ direc[ con[act
be[ween curing concrete and stream watec Water [ha[ inadvertently contac[s unwred concre[e shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills. [15A NCAC 028.0200]
3. During the construction of Ihe 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, pattern and profile of the stream above and below [he crossing shall not be modified.
Disturbed Floodplains and s[reams shall be res[ored to natural geomorphic conditions. [1SA 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. [ISA NCAC 02H.0506(b)(2)]
6. The Permit[ee shall ensure that [he final 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
(�)(�)l
7. All work in or adjacent to stream waters shall be conduc[ed in a dry work area. Approved BMP
measures from [he most wrrent version of NCDOT Construc[ion and Main[enance Activities manoal
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing watec [I5A NCAC 02H.0506(b)(3) and (c)(3)]
�....�,..: � Q�,�
North Carolina Department of Environmental Qualiry . Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

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 opera[ed 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)]
I 1. 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 i[s 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 requirements of State and Federal law. If the NCDWR determines that
such standards or laws are not being met (including the failure to sustain a designated or achieved use) or
[hat State or federal law is being viola[ed, or that further conditions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certificatioa [ISA NCAC 02B.0200]
13. All fill slopes Iocared in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification. [ I SA NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Wa[er Qualiry Certification and all subsequent modifications, ifany, shall be maintained with
the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
I5. The outside buffer, wetland or wacer boundary located within the construction corridor approved by this
authorization shall be clearly marked by highty visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certifica[ion. [ISA NCAC 02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from comptying with any and all statutes,
ruies, regulations, or ordinances tha[ may be imposed by other govemment agencies (i.e. local, state, and
federal) havingjurisdiction, including but not limited to applicable buffer ruies, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall report any violations of [his certification to [he Division of Wa[er Resources within
24 hours of discovery. [ I SA 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 [he enclosed "Certification of Completion Fortn" to 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 impact Bom road constmction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)]
�.�_� Q��
North Carolina Department of Environmental Qualiry 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 be in full compliance with all specifications goveming the
proper design, installation and operation and maintenance of such Best Management Practices in order ro
protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sedimen[ control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sedrment and
Erosion Control Plannrng 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 reqoirements specified in the most recent version of the
North Carolina Sediment and Erosron Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractoo-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
opera[ed, and maintained in accordance wi[h the most recent version of the North Carolina Surface
Minrng Munuul.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wedands or waters unless o[herwise
approved by this Certification. [15A 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 hearings. You mus[ file the peti[ion
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
Adminis[rative Hearings accep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, excep[
for official state holidays. The original and one ( I) 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 [he 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]Q Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Bill F. Lane, General Counsel
Department of Environmen[al Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resoumes under Section 401 of the Clean Water Act. If you
have any questions, please contact Kevin Barne[t at [phone] or [e-mail].
;..�..,..: �. ���'
North Carolina Department of Environmen[al Qualiry I Division of Water Resources
512 North Salisbury S[reet I 1617 Mail Service Center I Raleigh, North Carolina 27699-16P
919.707.9000

Sincerely,
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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Lind ul e er IntefimDirecto�"_ '
P PP ,
Division of Water Resources
North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
Gorcmor
MICHAEL S. REGAN
Sccrct�in
LINDA CULPEPPER
Dircelor
NOH I H CAROLINA
fnvlronmenro! Qualfry
NCDWR Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certi�cate 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 return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1 6 1 7. This form
may be remrned to NCDWR by the applicant, Ihe applicant's aothorized agent, or the project engineer. It is no[
necessary to send certificates from all of these.
App/icant's Cer(ification
1, , hereby state that, to [he best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and in[en[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agem's Certfjlcatfon
I, , hereby state that, to the best of my abilities, doe care and diligence
was used in the observation of the construction such that the construction was observed to be built wi[hin subs[antial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certificalion
Partial Final
I, , 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 stare that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the conswction 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 materials.
Signa[ure
Date
Registration No.
�:,. � Q�,�
North Carolina Department 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