HomeMy WebLinkAbout20130318 Ver 1_Approval Letter_20130404Pat McCrory
Governor
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
John E. Skvarla, III
Secretary
April 4, 2013
Ashe County
NCDWQ Project No. 20130318
Br No 130
State Project No. 1711P.I 1.R.6
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, P.E., Division Engineer
NCDOT, Division 11
PO Box 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 130 with a double barrel box culvert on SR 1308 in Ashe County:
Stream Impacts in the New 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
96
40
136
0
96
40
136
0
Total
Total Stream Impact for Project: 136 linear feet.•
The project shall be constructed in accordance with your application dated received March 22, 2013 with additional
information dated received April 4, 2013. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide
Permit 14 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.
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 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:
North Carolina Division of Water Quality, Winston, -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 -771 -50001 FAX: 336- 771.46301 Customer Service: 1-877-623-6748
Internet: www.ncwaterqualiity.org
An Equal Opportunity 1 Affirmative Action Employer
NoithCarolina
NaturallY
Project Specific Conditions
1. Multiple pipes or barrels shall be designed to mimic natural stream cross section as closely as possible
including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel shall be avoided. Floodplain benches shall be constructed at the inlet and outlet. Stream channel
widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition
that requires increased maintenance and disrupts aquatic life passage.
2. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in -water work
is permitted between October 15 and April 15 of any year, without prior approval from the NC Division of
Water Quality and the NC Wildlife Resources Commission,
3. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the special or threatened waters.
4. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer- and limestone -free tank is allowable at
the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and
wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.
General Conditions
1. 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.
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.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
4. 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.
5. 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.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
7. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
8. 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.
9. 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.
10. The Pennittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
11. 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.
12. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
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 8:00am 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. Lacy Presnell, 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 Euliss at (336) 771 -4959 or amy.euliss @ncdenr.gov.
Sincerely, .
PO 61iarless 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, NC Wildlife Resources Commission, (electronic copy only)
Wetlands /401 Transportation Permitting Unit (electronic copy only)
File Copy
Alfa,
NCDENR
North Carolina Department of Environment and Natural Resources
Dlvision of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance 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 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:
Agent's Certification
Date:
I, , 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 Certification
Partial Final
Date:
I, , 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 for the
Pennittee 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
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone; 336 - 771 -50001 FAX: 336 - 771 -46301 Customer Service: 1-877-623-6748
Internet: www.nmaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
One
NofthCarolina
Alturally