HomeMy WebLinkAbout20091235 Ver 1_Approval Letter_20091123I
NCDENR
North Carolina Department of Environment and Natural Resources
Division'of Water Quality
Beverly Eaves Perdue :I. Coleen H. Sullins • ' • iz- Dee Freeman
Gnvernnr c nirectnr ... _
.. ? .. ... - , , ,. . , Secretary
November 23, 2009
DWQ# 09-1235
Lincoln County
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, INC 28151
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact a total of 247 linear feet and temporarily impact a total of 80 linear feet of streams as listed in the
table below:
`
Y
Permit Site No. stream Name Length of #tream'Impact'. T e
of im act' ,
`
Site #1 Hoyle Creek 155 linear feet Permanent impact for increased culvert
length and stream relocation (60 linear feet to
be reconstructed
Site #1 Hoyle Creek 40 linear feet Temporary impacts for cofferdam bypass
pumping
Site #2 1 Unnamed tributary 60 linear feet Permanent impact for increased culvert
to Ho le Creek length and armored scourhole
Site #2 1s Unnamed tributary 20 linear feet Temporary impacts for cofferdam bypass
to Hoyle Creek pumping
Site #3 2" Unnamed tributary 32 linear feet Permanent impacts for increased culvert
to Hoyle Creek length and unction box
Site #3 2" Unnamed tributary 20 linear feet Temporary impacts for cofferdam bypass
to Hoyle Creek pumping
The impacts will be for the purpose of a road widening project as described in your application received by the
Division of Water Quality (DWQ) on November 17, 2009. The location of the project is State Road Highway 27
East from Highway 150 to State Road 1354 (Asbury Church Road) in Lincoln County- After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3704. 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.' . r
Mooresville Regional Office
Location, 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-1699 \ Fax: (704) 663-60.401 Customer Service: 1-877-623-6748
Internet: www.ncwaterqualityorg
An Equal Oppoduni' 1 Affirmative Action Employer-500,; Recyclecn0% Post Consumer paper
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Mr. Mike Holder, P.E.
Page Two
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:
Due to the existing conditions at all three (3) permit sites as described in the application, NCDWQ will not
require the burial of the culvert in the streambed at these locations. However, design and placement of the
culvert and other structures shall be in such a manner that the original stream profile is not altered (i.e., the
depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including pattern and profile) are to be maintained above and below the location of each culvert. The
structure shall be designed and installed to allow for fish and other wildlife movement as well as prevent
headcutting of the stream. The applicant may be required to provide evidence that the equilibrium has been
maintained, if requested in writing by NCDWQ
2. The on site stream relocations shall be constructed in accordance with the design submitted in your
November 2009 application. All channel relocations shall be constructed in a dry work area and appropriately
stabilized before stream flows are diverted. Whenever possible, channel relocations shall be allowed to
stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native wood
species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated
buffer on both sides of the relocated channel to the maximum extent practical. All stream banks shall be
matted with coir fiber matting.
3. A representative from the North Carolina Department of Transportation (NCDOT) environmental staff
shall be present on site during the reconstructionlrelocation of the streams.
4. 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.
5. 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.
6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
7. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
8. 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.
9. 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.
Mr. Mike Holder, P.E.
Page Three
10. 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.
11. 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.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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
is a direct impact from road construction activities.
Mr. Mike Holder, P.E.
Page Four
19. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
-:Im.pacts,to:
ceRification shall be clearly marked by highly visible fencing prior to any land disturbing activities.
areas within the fencing are prohibited unless otherwise authorized by this certification.
21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
22. 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.
23. 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. 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'Luind,'USACE Asheville Field Office'
Sonia Carrillo, DWQ Wetlands Unit`
File Copy