20190337 Ver 1_Approval Letter_20190403

ROY COOPER
Governor
MICHAEL S. REGAN
Setremry
LINDA CULPEPPER
Di�ectar
NORTH CAROLINA
Environmental Qunllty
April 3, 2019
Ashe County
NCDWR Project No. 20190337
Bridge 177 on SR 1 181
Project 17BP.11. R.183
APPROVAL of a01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mc Heath Slaughter
NCDOT DEO, Division 11
801 Statesville Road
North Wilkesboro, NC 28659
Dear Mc Slaughter:
You have our approval, in accordance with the conditions listed below, for [he following impacts for replacing
Bridge 177 with a new bridge over Beaver Creek with impac[s [o South Fork New River:
Stream
Site
Permanent Fill in Perennial Stream
Qinear ft)
in the New River Basin.
Temporary Fill in Perennial
Stream (linear ft)
Bank Stabilization/Retaining Wall Dewatering
80 70
80 70
Total Stream Impact for Project: 150 linear feet.
Stream Impacts
Requiring
Mitigation
(linear ft)
The project shall be constructed in accordance with your applica[ion da[ed March I5, 2019. After reviewing your
application, we have decided that the proposed impacts are covered by General Water Quality Certification (GC)
Number 4132. This GC corresponds to US Army Corps of Engineers Nationwide Permit 3. In 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 Conhol, Non-Discharge and Water Suppty Watershed regulations. This approval will expire
with [he corresponding 404 permit.
This approval is valid solety for the purpose and design described in your application (unless modified below).
Should your project change, you must no[ify [he NCDWR and submit a new application. lf the property is sold, the
new owner must be given a copy of this Certifica[ion 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
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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

impacts to streams (now or in the future) exceed 3001inear feet, compensatory 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 the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)
2. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most current
version of NCDOT Consh-uction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3) and (c)(3)]
3. For the 701inear feet of streams being impacted due to site dewatering activities, the site shall be graded to its
preconstruction contours and revegetated (where applicable) with appropriate native species. [15A NCAC
02H.0506(b)(2)]
4. NCDOT shall be in compliance with NPDES Permit No. NCS000250, including applicable requirements of
General Permit for Construction Activities NCGO10000. Please note the extra protections for sens�tive
watersheds as the South Fork of the New River is classified High Quality Waters (HQW) and Beaver Creek is
Trout waters. [(15A NCAC 4B.0124[a]-[e])]
5. This project has the potential to impact trout waters. No construction activities shall begin until the NCWRC
makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable then
the requirements of any moratorium(s) shall be a condition of this 401 Certification. If the NCDOT does not
wish to honor the moratorium, then a written modification shall be submitted. [15A NCAC 02H .0506(b)(2) and
15A NCAC 04B.0125]
6. Bridge demolition and construction must be accomplished in strict compliance with the most recent version of
NCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
7. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be pre-treated through site-
appropriate means (grassed swales, pre-formed scour holes, rip-rap deck drain pads, vegetated buffers, etc.)
before entering the stream. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5).
General Conditions
1. 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 inadvertently contacts uncured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC
02B.0200]
2. 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. [15A NCAC
02H.0506(b)(2)]
3. 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.
[15A NCAC 02H.0506(b)(2)] -
4. The Permittee shall ensure that the 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 (c)(2)]

5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(bx3)]
6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
7. The permittee and its authorized agenu shall conduct iu activities in a manner consistent wi[h State water quality
standazds (including any requiremenu resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. If the NCDWR determines that such standazds or laws
aze 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]
8. All fill slopes located 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)]
9. 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, if any, 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 (cX2)]
10. The ouuide buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be cleazly mazked by highly visible fencing prior to any land disturbing ac[ivities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certificatioa [15A NCAC 02H.0501
and .0502]
1 l. The issuance of this certification dces not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other govemment 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.
12. 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(bx2)]
13. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or appointee) shall complete and return the enclosed "Certification of Completion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
14. Native riparian vegetation must be reestablished in the ripazian azeas within the construction limits of the project
by the end of the growing season following completion of conswction. [ 15A NCAC 02H.0506(b)(3) and (cx3)]
I5. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
pertnit without appropriate modification. Should waste or borrow sites, or access roads to waste or bortow si[es,
be located in wetlands or streams, compensatory mitigation will be required since that is a d'uect impact from road
conslruc[ion activities. [15A NCAC 02H.0506(bx3) and (cx3)]
16. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standazds [ISA NCAC 02H.0506(b)(3) and (cx3]):
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 requiremenu specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on a11 wnstruction sites, borrow
sites, and waste pile (spoil) projecu, including contractor-owned or leased borrow pits associated with the
project.

c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Cmo[ina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements af the Sedimentation Pollution Cantrol Act.
17. Where placement of sediment and erosion conhol devices in wetlands and/or waters is unavoidable, they shall be
removed, and the natural grade restored upon completion ofthe project. [15A NCAC 02H.0506(bx3) and (cx3)]
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 &om the office of Administrative hearings. You must file the petition
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 Adminishative Hearings during normal office hours. The Office of
Administrative Heatings accepts filings Monday tluough Friday behveen the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrarive Hearings.
7'he petition may be faued-providing 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.
T'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 43]-3000, Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. I,ane, General Counsel
Departrnent of Env'vonmental Quality
1601 Mail Service Center
This Ietter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely, �
(� ✓ `� j�^ � >
��
Lin ulpepper, Director '
Division of Water Resources
Electronic copy only distribution:
Steve Kichefsky, US Army Corps af Engineers, Asheville Field Office
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
File Copy