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Home My WebLink About20100782 Ver 1_Approval Letter_20120405NC®ENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Charles Wakild Governor Director Gregory J Thorpe Ph D Environmental Management Director North Carolina Department of Transportation Project Development and Environmental Analysis Branch 1598 Mail Service Center Raleigh North Carolina 27699 1598 Resources Dee Freeman Secretary April 2012 Subject Modification /Approval of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with Additional Conditions for the Proposed Widening of NC 49 from East of NC 73 to East of SR 2630 (Cline Road), Cabarrus County, TIP No R- 2533CC, WBS 34448 1 1, NCDWQ Project No 10 0782 Dear Dr Thorpe Attached hereto is a modification of Certification No 003847 issued to The North Carolina Department of Transportation ( NCDOT) dated January 18 2011 This modification is applicable only to the additional proposed activities All authorized activities and conditions of the certification associated with the original Water Quality Certification dated January 18 2011 still apply except where superceded by this certification If we can be of further assistance do not hesitate to contact us Sincerely 1� Charles Wakild Director Attachments cc Sarah Hair US Army Corps of Engineers Asheville Field Office Carla Dagnino NCDOT PDEA Larry Thompson NCDOT Division 10 Environmental Officer Sonia Carrillo NCDWQ Transportation Permitting Unit Polly Lespinasse NCDWQ Mooresville Regional Office File Copy Mooresville Regional Office Location 610 East Center Ave Suite 301 Mooresville NC 28115 Phone (704) 663 16991 Fax (704) 663 60401 Customer Service 1 877 623 6748 Internet http / /portal ncdenr org /web /wq An Equal Opportunity 1 Affirmative Action Employer 50/ Recycled /10 Post Consumer paper One NorthCarolina Natltrallly Dr Gregory J Thorpe Page Two 6 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION Is Issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations In 15 NCAC 2H 0500 This certification authorizes the NCDOT to permanently impact 3 058 linear feet of jurisdictional streams 0 32 acres of jurisdictional wetlands and temporarily Impact 480 linear feet of streams In Cabarrus County The project shall be constructed pursuant to the application received September 17 2010 and additional Information received December 29 2010 The authorized Impacts are as described below Stream Impacts in the Yadkin River Basin R 2533CC 91 linear feet of this impact associated with the construction of a floodplain bench — no mitigation required New stream impact as of 4/2/12 no mitigation required less than 150 If of impact New stream impact as of 4/2/12 — no mitigation required as the impacts are required to correct a headcut caused by culvert installation Total Stream Impacts for Project 3 649 linear feet _ Permit Site No I t- Permanent Fill in i Tem ora `Fill in , Permanent Fill in g - ,Temporary � Total � k Stream Impacts � Station Nos" IntermRtent Stream "Intermittent} "Perennial Stream (linear s yFiU in r '° Stream Requirin g 4 ft) I Stream t 0 _X �ft)z + Perennials ;A Impact ,,4 � Mitigation ? i1,(Ilneai mss } (linear ft) ; , s Stream (linear ft) ,(linear ft} € pia(l" linear ft Site 1A/Station 85 If (60 If for number not culvert and 25 for 85 If 0 provided bank stabilization) Site 1 /Station 242 If' (108 If for culverts 200 +17/201 +21 L 98 If for bank stabilization 125 If 367 If 151 If and floodplain bench REV construction 36 If for stream relocation Site 2 /Station 85 If (46 If for culvert 39 If 184 If 269 If 0 212 +13/212 +79 L for bank stabilization REV Site 4 /Station 407 If (361 If for culverts 46 39 If 446 If 407 If 218 +26/219 +34 L If for bank stabilization) REV 847 If (837 If for stream Si Site 5 /Station to 5/S at relocation 10 If for bank 847 If 847 If 9+90/12+47 Y1 stabilization) REV RT Site 6 /Station 11 +87/12 +70 Y1 437 If (371 if for culverts 66 89 If 526 If 437 If If for bank stabilization) REV Station 12 +11 6 Y16 REV —Site 7 /Station 928 If (for stream 43 If 971 If 902 If 219 +45/219 +59 L relocation) REV Site 8 /Station 20 If (10 If for culvert 20 If 0 11 +06 Y16 REV RT 10 If for bank stabilization) Site 9 /Station 118 if (for culvert) 118 If 0 220 +00/220 +28 L REV LT �Totai "0 946 If _ 8� 4801f 649 lf� .Yvh w IV 223 if 41 4 i x a i 91 linear feet of this impact associated with the construction of a floodplain bench — no mitigation required New stream impact as of 4/2/12 no mitigation required less than 150 If of impact New stream impact as of 4/2/12 — no mitigation required as the impacts are required to correct a headcut caused by culvert installation Total Stream Impacts for Project 3 649 linear feet Dr Gregory J Thorpe Page Three Wetland Impacts in the Yadkin River Basin (Riverine) — R2533CC v i " Permit Site No G � Fill /Clearing Impact Temporary Impacts Total Wetland* 4- Wetland Impacts Requiring -, Station Nos -- t lac) (ac) m ct ac x I Pa ( ) Mitigation ac , 9 l ) Site 1 /Station 0 03 ac (fill) 0 03 ac 0 Site 1A/Station number 0 10 ac (fill and clearing) 0 10 ac 0 not provided Site 1 /Station 0 03 ac (fill) 0 03 ac 0 200 +17/201 +21 L REV Site 2A/Station number 0 07 ac (fill and clearing) 0 07 ac 0 not provided Site 3 /Station 0 20 ac (fill) 0 20 ac 0 213 +52/214 +02 L REV Site 5 /Station 9 +90/12 +47 0 09 ac (fill) 0 09 ac 0 Y1 REV RT ` `0 Totafs0 49 acres >k� g 0 xa xa<T a *�s2 is nfi"7 49 acres h r7`% a ' y�p� 4 €^ New wetland impact as of 4/2/12 no mitigation required less than 1 0 acre of impact Total Wetland Impacts for Project 0 49 acres The application provides adequate assurance that the discharge of fill material Into the waters of the Yadkin River Basin and associated wetlands In conjunction with the proposed development will not result In a violation of applicable Water Quality Standards and discharge guidelines Therefore the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application and conditions hereinafter set forth This approval Is only valid for the purpose and design that you submitted in your modified application received March 8 2012 All the authorized activities and conditions of certification associated with the original Water Quality Certification dated January 18, 2011 still apply except where superseded by this certification This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification Should your project change you are required to notify the NCDWQ and submit a new application If the 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 any additional wetland impacts or stream impacts for this project (now or in the future) exceed one acre or 150 linear feet respectively additional compensatory mitigation may be required as described In 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you are required to comply with all the conditions listed below In addition you should obtain all other federal state or local permits before proceeding with your project Including (but not limited to) Sediment and Erosion control Coastal Stormwater Non discharge and Water Supply watershed regulations This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit Conditions of Certification 1 The log sills at Permit Site 7 shall be Installed such that the maximum drop from each sill Is one (1) foot or less DWQ will require periodic Inspections of the structures to ensure stability If Instability Is observed corrective measures will be required The disturbed streambanks shall be stabilized with coir fiber matting and the appropriate native seed mix Dr Gregory J Thorpe Page Four 2 The use of riprap at Permit Site 1A shall be minimized to the greatest extent practical and should be limited to the streambanks If nprap is placed in the streambed it shall be embedded such that low flow of water and aquatic passage are not impeded 3 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) of the Clean Water Act) and any other appropriate requirements of State and Federal law If NCDWQ 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 NCDWQ may reevaluate and modify this certification 4 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 5 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 manager 6 The outside buffer wetland or water boundary located within the construction corridor 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 authorized by this certification 7 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 8 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 9 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 from road construction activities 10 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 standards 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 Control 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 Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects 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 Carolina Surface Mining Manual Dr Gregory J Thorpe Page Five d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 11 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 12 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 Permit This Certification shall expire upon the expiration of the 404 Permit 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 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 Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm except 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 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 (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This the 5th day of April 2012 DIVISION OF WATER QUALITY Charles Wakild Director WQC No 003847