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HomeMy WebLinkAbout20110925 Ver 1_Approval Letter_20111101 ��� NCDENR North Carolina Department of Environment and Natural Resources Division o(Water Quality � Bevetly Eaves Perdue . , Coleen H.Sullins � Dee Freeman Govemor Direclor Secretary November I,2011 Columbus County � NCDWQ Project No. 110925 , SR 1556(Krissy Prease Rd) TIP/State Project No.6C.024107 APPROVAL of 401 WATER QUALITY CF.RTIFICATION with ADDITIONAL CONDITIONS Mr. Greg Bums,P.E,Division Engineer NCDOT,Division 6 � � PO Box1150 Fayetteville,NC 28302 Dear Mr.Bums: You have our approval, in accordance with[he condi[ions listed below, for the following impacts for[he purpose of � implementing roadway improvements to SR 1556(Krissy Prease Rd)in Columbus County: Stream Im acts in the Lumber River Basin Site Permaneot Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Sheam � Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream(linear ft) (linear ft) (linear ft) (linear ft) (linear @) Requiring . _ Mitigation linear f[ S1 0 0 13 20 34 0 S2 4 20 0 0 24 0 Total 4 20 13 20 58 0 Total Stream lmpact for Projecr 58 linear feet. Wetland Im acts in the Ca e Fear River Basin non ri arian Site Fill Fill Ezcavation Mechanized Hand Clcaring Area under Total Wetland (ac) - (temporary) (ac) Clearing(ac) �(ac) Bridge Impact(ac) ac ac W I 0.04 0 0 0 0 0 0.04 Total 0.04 0 0 0 � 0 0 0.04 Total Wetland Impact for Project: 0.04 acres. ' The project shall be constructed in accordance with your application dated October 1 l,2011 and the additional _ information provided via e-mail on October 17,2011. After reviewing your application,we have decided that these impac[s are covered by General Water Quality Certification Number 3820. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition,you should acquire any o[her 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. 225 Green St..Sui�e 714,Fayetteville,NC 28307-5043 O�E Phone:910-033-33001FAX:910-086-0707 � � NOI�t�1l,c1T�O11Tl.�i � Intemetwww.navatemualiN.oro � 'J�� AnEqualOpporlunilylAffirmativeAClion[mployer-50%RecycletlV70{POSIConswnerPape�_ • ' ""�������� 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 the NCDWQ and�submit a new application. If the property is sold,[he new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all the conditions. If to[al wetland Glls for this project(now or in the future)exceed one acre,or of total impacts[o sVeams(now or in[he future)exceed I50 linear feet,compensatory mitigation may be required as � described in 15A NCAC 211 .0506(h)(6)and(7). For this approval to remain valid,you must adhere to the condilions listed in the attached certification and any addi[ional condi[ions lis[ed below. Condition(s)of Certification: Project Specific Conditions � � 1. This approval will expire with the acwmpanying 404 federal pe�miL This condition supercedes condition No. 19 in the General Certification 3820. 2. For the 40 linear feet of streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction contours and revegetated with appropriate native species. General Conditions � � 3. Unless o[herwise approved in this certification,placemen[of culverts and other shuctures in open waters � and streams shall be placed below the elevalion of the streambed by one foot for all culveits 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 water and aquatic life. Design and placement of culverts and other shvctures including[emporary erosion control measures shall not be wnduc[ed in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures.The applicant is required to provide evidence tha[the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 4. If concrete is used during consWCtioq a dry work area shall be maintained to prevent direct contact � between curing concrete and sVeam water. Water that inadvertently contacts uncured concrete shall not be . discharged to sw�face waters due to the potential for elevated pH and possible aquatic life and fish kills. , 5. During the cons[ruc[ion o(the project,no s[aging of equipment of any kind is permitted in waters of the � U.S.,or protected riparian buffers. 6. The dimension, paltern and profile of the slream above and below the crossing shall not be modified. Dislurbed floodplains and streams shal)be restored�to na[ural geomorphic conditions. 7. 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. 8. The Permittee shall ensure that[he final design drawings adhere to the permit and to Ihe permit drawings submitted for approval. � 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from [he most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock benns, cofferdams and o[her diversion s[ructures shall be used to prevent excava[ion in flowing water. 10. 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. t l. 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. 12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. . 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface wa[ers is prohibited. . 14. The permittee and its au[horized agents shall conduc[i[s activities in a manner consisten[with State wa[er . quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requiremen[s of State and Federal law. If NCD WQ determines tha[such s[andards or laws are not being met(including[he failure to sustain a designated or achieved use)or that S[ate or federal law is being violated, or[hat further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification. � � ' 15. All fill slopes located injurisdictional wetlands shall be placed at slopes no flatter than 3:1,unless otherwise authorized by this certificatioa. , � � 16. A copy of this Water Quality Ceriircation shall be maintained on Ihe cons[ruction site at all times. In . addition,the Water Qualiry Certification and all subsequent modifications,if any,shall be maintained with the Division Engineer and the on-site project manager. 17. The outside buffer,wetland or wa[er boundary located within the cons[ruction wrridor approved by this authorization shall be dearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certifica[ion. 18. The issuanee of this certification does not exempt the Permittee from complying with any and all statu[es, rutes,regulations,or ordinances that may be imposed by other government agencies(i.e. Iocai,state,and federal)havingjurisdiction,including but no[ limited to applicable buffer rules,stormwater managemen[ rules,soil erosion and sedimentation control requiremen[s,e[c. 19. The Permittee shall report any violations of[his certification to[he Division of Water Quality within 24 hours of discovery. • 20. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form"to notify NCDWQ when all work included in the 401 Certification has been completed. 21. Native riparian vegetation must be reestablished within the construction limits ofthe projec[by the end of the growing season following completion of construc[ion. 22. There shall be no excavation from,or waste disposal in[o,jurisdic[ional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites,or access roads to was[e or borrow sites,be located in weUands or sVeams, compensa[ory mitiga[ion will be required since tha[is a direct impact from road construction activities. . 23. Erosion and sediment control practices must be in full compliance wi[h all specifications governing [he proper design, installation and opera[ion and main[enance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and main[ained in accordance with the most recent version of[he Norrh Carolrna Sedimcnt and Erosion Contral Planning und Design Manual. b. The design, installation, operation, and maintenance of the sedimen[ and erosion wnhol measures � � must be such tha[ they equal, or exceed, [he requirements specified in [he mos[ recent version of the Nor1h C4rolinu Sediment and Erosion Contro! Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projec[s, including contractor-owned or leased boqow pits associated with the project. c. For borrow pit sites, [he erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolrna Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with � the requirements of the Sedimentation Pollu[ion Control Act. � 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. . If you wish ro contest any statement in the attached Cenification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with[he office of Administrative Hearings wi[hin sixty(60)days of receipt of[his notice. A pe[ition is considered filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of Administrative Hearings accepts filings Monday[hrough 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 Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administra[ive Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administretive Hearings is: Office of Administrative Hearings 6714 Mail Service Center � Raleigh,NC 27699-6714 Telephone: (919)-733-2698, �acsimile: (919)-733-3478 A.copy of the peti[ion must also be served on DENR as follows: Ms. Mary Penny Thompsoq General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 7'his letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please con[act Mason Hemdon a[(910)308-4021. . � Sincerely, ' p �����-�'�-� Ln� Coleen H. Sullins �" Director ec: Ronnie Smith, Wilmington US Army Corp DisVict Office � Jim Rerko, Division 6 Environmen[al Office � Travis Wilson,NC Wildlife Resources Commission Sonia Carrillo,NCDWQ Central Office File Copy