HomeMy WebLinkAbout20130720 Ver 1_Approval Letter_20130719North Carolina
Pat McCrory
Governor
NCDENR
Department of Environment and Natural Resources
Division of Water Quality
Thomas A. Reeder John E. Skvarla; III
Acting Director Secretary
July 19, 2013
Lincoln County
DWQ No. 13 -0720
Dr. Gregory Thorpe, P.E.
NCDOTPDEA
1598 Mail Service Center
Raleigh, NC 27699 -1598
SUBJECT: Bridge Replacement ( #37), Will Schronce Rd., SR 13143
APPROVAL of 401 Water Quality Certification with Additional Conditions
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. 37 on Will Schronce Rd. in Lincoln County:
Stream Im acts in the Catawba River Basin
Site
Permanent Fill
Temporary
Permanent Fill
Temporary
Total
Mitigation
Intermittent
Impact
Perennial
Impact
Stream
(linear ft)
Stream
Intermittent
Stream
Perennial
Impact
(linear ft)
Stream
(linear ft)
Stream
(linear feet)
(linear feet)
(linear feet)
1
18
86
104
0
Total
The project shall be constructed in accordance with your application dated and received July 10, 2013. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3885 & 3893.
This certification corresponds to the Nationwide 13 & 33 issued by the Corps of Engineers. 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. For
this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional
conditions listed below.
1. The post - construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be re- vegetated with appropriate native species.
2. Within the construction zone and adjacent to the stream appropriate measures (temporary cover, i.e. plastic sheeting,
etc.) shall be utilized to minimize stream impacts and increased stream turbidity.
Transportation and Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarohna
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone. 91M07- 63001 FAX. 919- 807 -6492 %Vntu ya"/
Internet www nmaterguality.orq
An Equal Opportunity t Affirmative Action Employer
3. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
4. 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.
5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
6. Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures.
7. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
9. 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.
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 permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
12. 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.
13. 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.
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. 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 Alan Johnson at (704) 663 -1699 or alan.johnson @ncdenr.gov.
Sincerely,
Thomas A. Reeder
Acting Director
cc: Erin Cheely, NCDOT PDEA NES (electronic copy only)
Patricia Beam, Division 12 Environmental Officer (electronic copy only)
Lori Beckwith, Asheville, Army Corps of Engineers
Sonia Carrillo, Wetlands /401 Transportation Permitting Unit
DWQ #: 13 -0720