20091331 Ver 1_Approval Letter_20091228

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 28, 2009
Surry County
NCDWQ Project No. 20091331
NC 2681US 52 Interchange improvements
State Project No. 39938. 1.1
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Heath Slaughter
NCDOT, Division 1 I DEO
PO Box 250
N. Wilkesboro, NCC 28659
Dear Mr. Slaughter:
Dee Freerran
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
NC 268 and US52 Interchange Improvements in Surry County:
Stream tm nacre in the Yadkin 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
inear ft)
1 102 102 0
Total Stream Impact for Project: 102 linear feet.
The project shall be constructed in accordance with your application dated received December 18, 2009. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 370t. 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.
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 NCD WQ 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 cerification(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
L Channel relocations shall be completed and stabilized, and approved on site by DWQ staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation
Transportation Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:11h2o.enrstate.nouslocxet!andsl
NorthCarolina
Naturally
An Equal OppohuniN I Afnrrrzfive Action Employer
used f& bank stabilization shall be limited to native riparian vegetation, and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage
requested.
2. The permittee shall visually monitor the relocated channel to assess and ensure complete stabilization of
the relocated stream segment. The monitoring shall be conducted quarterly for a minimum of 1 year after
project completion or two bankfull flow events, whichever is longer.
1 The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream relocation at the permitted site.
General Conditions
4. Riprap shall not be placed in the active thahveg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and
installed.
5. The use of rip-rap above the Normal High Water Mark shall be minimized. 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. 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.
8. 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.
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. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
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. This certification and its conditions are final and binding unless you ask for a hearing.
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 [phone].
Signnc?er?ely,
Coleen Sullins
tor r
Director
Cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Ron Linville, NC Wildlife Resources Commission
Weltands/401 Transportation Permitting Unit
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