HomeMy WebLinkAbout20081181 Ver 1_Approval Letter_20080825W A T ?9QG
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Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
August 25, 2008
DWQ# 08-1181
Union County
Dr Gregory J Thorpe, PhD , Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mall Service Center
Raleigh, North Carolina, 27699-1548
Subject APPROVAL of 401 Water Quality Certification with Additional Conditions,
Replacement of Bridge No 142 over Howard's Creek on SR 1193 (Wise Road), TIP No
B-4177, Federal Aid Project No BRZ-1193(5), State Project No. 8 2831601, WBS
Element 33524 1 1, Lincoln County
Dear Dr Thorpe
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 71 linear feet (If) and temporarily impact 37 If (for dewatering) Howard's Creek, a perennial stream
Impacts are associated with replacing the existing bridge with a new, larger bridge as described in your
application received by the Division of Water Quality (DWQ) on August 1, 2008 The location of the project
is State Road 1193 (Wise Road) in Lincoln County After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Numbers 3688, 3689 and 3701 Please
note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations This approval will expire with the associated 404 permit unless otherwise
specified in the Water Quality Certification
This approval is valid solely for the purpose and design that you described in your application (unless
modified below) Should your project change, you must notify the DWQ In writing and you may be required
to 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 conditions If total wetland fills for this
project (now or in the future) exceed one acre, or if 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
and those listed below
1 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 this 401 Water Quality
Certification
2 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scourholes, vegetated
buffers, etc ) before entering the stream Please refer to the most current version of Stormwater Best
Management Practices
Mailing Address Phone (704) 663-1699 Location
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
N a hCarolrna
Aoatura!!y
Internet www newaterouality ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper
Dr Gregory J Thorpe, Ph D
Page Two
3 The use of riprap above the normal high water mark shall be minimized Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
4 The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification 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
5 The permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
6 There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this certification 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
7 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream
8 No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification
9 Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided
10 If concrete is used during construction, a dry work area should be maintained to prevent direct contact
between curing concrete and stream water Water that inadvertently contacts uncured concrete should
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills
11 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 the 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
12 The dimension, pattern and profile of the stream above and below the crossing should not be modified
Disturbed floodplains and streams should be restored to natural geomorphic conditions
13 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
14 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 2 1, unless
otherwise authorized by this certification
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
Dr Gregory J Thorpe, Ph D
Page Three
16 A copy of this Water Quality Certification shall be posted 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
17 Native riparian vegetation must be re-established within the construction limits of the project by the end of
the growing season following completion of construction
18 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources
has released the project
19 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
d The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act
20 The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e g , no work shall occur outside of the footprint of the plans provided) In addition, there
shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification If this occurs, compensatory mitigation may be required
since it is a direct impact from road construction activities
21 Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been
completed Please include photographs upstream and downstream of the structure to document correct
installation
22 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 303(d) of the Clean Water
Act] and any other appropriate requirements of state and federal law
Dr Gregory J Thorpe, Ph D
Page Four
If DWQ 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, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H 0507(d) Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public
notice in accordance with 15A NCAC 2H 0503, and provide opportunity for public hearing in accordance
with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to NCDOT in writing, shall be
provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act,
and shall also become conditions of the 404 Permit for the project
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing You
must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition
that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N C 27699-6714 This Certification and its conditions are final
and binding unless you ask for a hearing
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-
663-1699
Sincerely,
for Coleen H Sullins
Attachments
cc Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy