20190178 Ver 1_Approval Letter_20190228

ROY COOPER
ciovcrnor
MICHAEL S. REGAN
Sccretarc
LINDA CULPEPPER
oirec�ur
NORTH CARO�WA
EnWronmental Qualily
February 28, 2019
Macon County
NCD W R Project No. 2019-0178
Replace Bridge 29
Project No. 17BP.14.R.115
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Patrick Breedlove, Division Environmental Supervisor
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 replacements in Macon County:
Stream Impacts in the Little Tennessee River Basin
Permanent N511 Temporary F511
in Perennial in Perennial Total Stream
Site Stream Stream �mpact
linear ft linear fr
(linear ft)
SI 47 47
S2 45 45
S3 20 20
S4 30 30
S5 70 70
S6 8_5 85
57 100 100
TOTAL 142 255 397
Total Stream Impac[ for Project: 397 linear feet.
The project shall be constructed in accordance with your application dated received February I I, 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. [n
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not Iimited to) Sediment and Erosion Control, NomDischarge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
�.� v.. �� ` ✓ 512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
v 919.707.9000

This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submi[ a new application. If the property is sold. [he
new owner must be given a copy of this Certifica[ion and approval letter and is [hereby responsible for complying
with all the conditions. If to[al wedand fills for [his projec[ (now or in the future) exceed one acre, or of [otal
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). . For this approval [o remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The NCDOT Division Environmental Officer or Environmen[al Assistant will conduct a pre-construction
meeting wi[h all appropriate staff to ensure tha[ [he projec[ supervisor and essential staff unders[and [he
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
2. The permittee will need ro adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration [echniques) prescribed by the NC Wildlife Resources Commission. No in-water work
is permitted between October 15 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 wi[hin the 25-foot buffer zone are prohibited during the trou[-
spawning season of October I S through April I 5[o pro[ec[ the egg and fry stages of trout.
General Conditions
Unless otherwise approved in this certifica[ion, placement of wlverts 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 placement of
culverts and other structures including temporary erosion control measures shall not be conducted in a
manner tha[ may result in dis-equilibrium of wetlands or streambeds or banks, adjacen[ [o or upstream
and downstream of the above structures. The applicant is required ro provide evidence that the
equilibrium is being maintained if requested in writing by NCDW R. If [his condition is unable to be met
due to bedrock or other limiting features encountered 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 wncrete is used during construction, a dry work area shall be maintained [o prevent direct contac[
between curing concrete and stream water. Water that inadvertendy contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic Iife and
fish killa [ I SA NCAC 02BA200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of
the O.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattem and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored ro natural geomorphic conditions. [ I SA NCAC
02H.0506(b)(2)]
D_E QJj+� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury St�eet I 1617 Mail Service Center I Raleigh. North Caiolina 27699-1617
°'�""�"'�'� �� 919.707.9000

5. The use of rip-rap above [he Normal High Water Mark shall be minimized. Any rip-rap placed for
stream s[abilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage. [I SA NCAC 02H.0506(b)(2)]
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approvaL [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and
(�)(�)7
7. All work in or adjacent [o s[ream waters shall be conducted in a dry work area. Approved BMP
measores ftom the most curren[ 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 watec [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be opera[ed from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduc[ion 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, lubrican[s, hydraulic fluids, or other toxic materials.
[ISA NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certificatioa [ISA 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) 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
that State or federal law is being violated, or that further conditions are necessary to assure compliance,
the NCDW R 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 [his certificatioa [15A 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 Water Quality 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 ISA NCAC 02H
.0506 (b)(2) and (c)(2)]
15. The ou[side buffer, wedand or water boundary located within the construc[ion cortidor 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 aathorized by this
certification. [ I SA NCAC 02H.0501 and .0502]
16. The issuance of this certification does 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. local, state, and
federal) having jurisdiction, including but 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. [ 15A NCAC 02B.0506(b)(2)]
D_E Q�� North Carolina Department of Environmental Qualiry I Division of Water Resouices
�� ..�� ` � 512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
v 919.707.9000

18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return [he enclosed "Certifica[ion of Completion Fottn" ro notify
the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
ozH.osoz�fl]
19. There shall be no excavation from, or was[e disposal into, jurisdictional wedands or waters associa[ed
with this permit without appropria[e modifica[ion. 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 constroction activitiea[ISA NCAC 02H.0506(b)(3) and (c)(3)]
20. Erosion and sediment con[rol prac[ices must be in full compliance with all specifica[ions goveming the
proper design, installa[ion and operation and main[enance of such Best Management Prac[ices in order to
protect surface waters standards [15A 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 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 Sediment and Erosion Control Manua/. The devices shall be maintained on all
construction sites, borrow sites, and was[e pile (spoil) projects, inclading contractor-owned or leased
borrow pi[s associated with the project.
a For borrow pit sites, [he erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with [he most recent version of the Nor�h Carolina Sur%ace
Mining Manual.
d. The reclamation measures and implementation must comply with the redamation in accordance
with the requirements of [he Sedimenta[ion Pollution Control Ac[.
21. Sediment and erosion conttol measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3)]
If you wish [o contest any sta[ement in the a[tached Certification you must file a peti[ion for an administrative
hearing. You may obtain the petition fortn from [he office of Administrative hearings. You must tile the pe[ition
with the office of Administrative Hearings wi[hin sixry (60) days of receipt of [his no[ice. 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 (I ) copy of the petition must be filed with the Office of
Adminisvative 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 Adminishative 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 Cen[er
D_E QJ� 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

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].
Sincerel
��j' �
Linda Culpepper, 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
��/5, North Carolina Department of Environmen[al Quality � Division of Water Resources
.",_,.�� D� y�" 512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
v 919707.9000

ROY COOPER
Govcrnor
MICHAEL S. REGAN
Sccretan
LINDA CULPEPPER
Direcro�
NOR��H CARULINA
£nvtronmenfal Qualtry
NCDWR Project No.:
COUnty:
Applicant:
Project Name:
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 sabsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicanl's Certifrcation
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the wnstruction such that the construc[ion was observed to be built within substantial
wmpliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agettt's Certifieation
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 materials.
Signature:
Engineer's Certifteation
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 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 materials.
Signature Registration No.
Date
D��� North Carolina Department of Environmental Quality I Division of Water Resources
���..�� ` r 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
V 919.707.9000