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HomeMy WebLinkAbout20120301 Ver 1_Approval Letter_20120411rwrr�{ NCDENR North Caroline Department of nvir n ent and Division of eater Quality Beverly Eaves Perdue Charles Wad it , P.E Governor Director Natural Resources April 11, 2012 Willies County NCDWQ Project No. 20120301 (Bridge 18 ) SIB 1580 TIP E,4325 APPROVAL of 401 WATER QUALITY CERTIFICATION 1 with ADDITIONAL CONDITIONS Dr. Greg Thorpe, P.E. NDT PDEA, 1598 Mail Service Center Raleigh, NC 27699 -1598 Dear Dr. Thorpe: Dee Freeman Secretary You have our approval, wi accordance with the conditions listed below, for the following impacts for the purpose to repla. a bridge No. 718 over Middle Fork Reddies liver on Sri 1580 I uenzel -Eller Drive) in Wilkes County: Stream Imacts in the Yadkin River Basin site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in 'Total Stream Stream Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream (linear ft ) (linear ft ) (linear ft ) (linear ft ) {linear ft ) Requiring Mitigation linear ft 1 1 21 0 Total Stream Impact for Project: 21 linear feet. The project shall be constructed in accordance with your application dated received March 27, 2012. After reviewing your application, we have decided that those impacts are covered by General Water Quality Certification Number 3886. This certification orresponds'to the Regional General Permit 198200031 issued by the Corps of Engineers. 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 Control, Non - Discharge and Water Supply Wittershed regulations. This approval will expire with the accompanying 404 permit. 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 NDWQ 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 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 bear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 h 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. Conditions of Certification: 1. Stormwater is 'allowed to sheet flow from the bridge. This overrides condition number 9 of the attached General Certification No. 3688. Transportation and Permitt ng Unit 1650 Mail Service Center, Raleigh, Noah Carolina 27699 -1617 Lo Lion: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919- 807 -63001 FAX: 919-807-6492 Internet: www.nowete[guality.oM An Equal Opportunity I Afrm ative Action Employer Nne ;V,7tffrJ911y 2. In- stream work and land disturbance within the -foot buffer zone are prohibited during the trout - pawning season of October 15 through April 15 to protect the egg and fry stages of trout. 3. wring the construction of the project, no staging of equipment of any kind is permitted In waters of the U.S.,, or protected riparian buffers. 4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplami s and strums shall be restored to natural geomorphic conditions. 5. The Fern ittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 6. Heavy equipment shall be operated from the hanks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the strewn. 7. 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. 8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 9. Discharging hydrosd mixtures and washing out hydrodears and other equipment in or adjacent to surface waters is prohibited. 10. 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. 11. 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. 12. The issuance of this certification does not exempt the Fermittee from complying with any and all statutes, rubs, regulations, or ordinances that may be ni np d 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. 13. The Ferrnittee shall report any violations of this certification to the Division of water Quality within 24 hours of discovery. 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 days of receipt of this notice. A petition is considered filed when it is received in the office of Admu' li trative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of :ooam and :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 business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 ail Service Center Raleigh, SIC 27699-6714 Telephone: (919) - 733 -2698, Facsimile: (919) - 733 -3478 A. copy of the petition must also be served on DENR as follows: M. Mary Fenny Thompson, General Counsel Department of Environment and Natural Resources 1601 flail Service Center Raleigh, SIC 27699'1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Amy Eulis at (336) 771 -4959. Sincerely, .hv` Charles WakiId Director Cc- Heath Slaughter, Division 11 Environmental Officer (electronic copy only) Monte Matthews, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) Marla Chambers, IBC Wildlife Resources Commission (electronic copy only) Wetlands/401 'Transportation Permitting Unit File Copy NCDWQ Project No.: Applicant: Project Name: Date ofIssuance of 401 water Quality Certification: County: Certificate 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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to NCDWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of any abilities, due care and diligence was used M* 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 Agent's Certification Date: L , 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 Certtfleation It: Partial Final 1, 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,fr 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 Date Registration No,