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HomeMy WebLinkAbout20120613 Ver 1_Approval Letter_20120505Akpp;w) MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakdd P E Dee Freeman Governor Director Secretary July 5 2012 Caswell County DWQ Project No 2012 0613 (Bridge no 12) SR1554 TIP B 4725 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Greg Thorpe PhD NCDOT PDEA 1598 Mail Service Center Raleigh NC 27699 1598 Dear Dr Thorpe You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge No 12 on SR 1554 (Yarborough Mill Road) in Caswell County Stream Im acts in the Roanoke 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 27 17 44 0 2 15 0 15 0 Total 15 1 0 27 17 59 0 Total Stream Impact for Protect 59 linear feet The project shall be constructed in accordance with your application dated received June 21 2012 and additional information dated receive via email on July 2 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Number 3891 This certification corresponds to the Nationwide Permit 23 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 Watershed regulations This approval will expire with the accompanying 404 permit Tlus approval is valid solely for the purpose and design described in your application (unless modified below) Should your project change you must 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 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 linear 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 I The pipe extension at permit site 2 does not need to be buried 2 Post construction stormwater shall be designed as approved in the permit application If any changes are made to the post construction stormwater design the Division of Water Quality shall be contacted for approval of the changes 3 During 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 floodplams and streams shall be restored to natural geomorpluc conditions 5 The use of rip rap above the Normal High Water Mark shall be nummized 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 6 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 7 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 8 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 9 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 11 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 12 A copy of this Water Quality Certification shall be maintained on the construction site at all tunes 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 13 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 14 The issuance of this certification does not exempt the Permmttee from complying with any and all statutes rules regulations or ordinances that may be imposed by other government agencies (i a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 15 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 16 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 17 Native riparian vegetation (ex list herbaceous trees and shrubs native to your geographic region) must be reestablished in the riparian areas withm the construction limits of the project by the end of the growing season following completion of construction 18 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 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) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center 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 Euhss at (336) 771 4959 or amy euliss @ncdenr gov Sincerely Charles Wakild Attachments (General Certification and Certificate of Completion form) cc Jerry Parker Division 7 Environmental Officer John Thomas US Army Corps of Engineers Raleigh Field Office DWQ Wetlands /401 Transportation Pe 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