The URL can be used to link to this page

Home My WebLink About20040289 Ver 2_Approval Letter_20060814IV4ichael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources o ~ ~~ q~61 Dr. Greg Thorpe, Ph.D., Manager `'~'~r~ '~c, ~,~ ~?rt:~, yG, 0~ Planning and Environmental Branch ~ ~'~'%~~~ North Carolina Department of Transportation F '`k~~~`TJR~~`q%RB 1548 Mail Service Center icy Raleigh, North Carolina, 27699-1548 .f Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the Relocation of US 70 from SR 2314 (Fanjoy Road) to the Iredell/Rowan County Line in Iredell County, Federal Aid Project No. STP-70 (39), State Project No. 8.1631801, TIP R- 2911A, DWQ Project No. 04-0289 Dear Dr. Thorpe: Attached hereto is a modification of Certification No. 3460 issued to The North Carolina Department of Transportation (NCDOT) and dated May 11, 2004. This modification is applicable only to the additional proposed activities. All authorized activities and conditions of the certification associated with the original Water Quality Certification, dated May 11, 2004, still apply except where superceded by this certification. If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at (704) 663- 1699. Sincerely, Attachments for Alan W. Klimek, P.E. Director cc: Steve Lund, US Army Corps of Engineers Asheville Field Office Trish Simon, Division 12 Environmenta- Officer Marla Chambers, NC Wildlife Resources Commission Marella Buncick, US Fish and Wildlife Service Sonia Gregory, DWQ Central Regional Office File Copy One NvrlhCarolina ~at~rra!!y North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet: h2o.encstate.nc.us Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 Alan W. Klimek, P.E. Director Division of Water Quality August 11, 2006 An Equal OpportunitylAffirmative Action Employer- 50% Recycled110°~° Post Consumer Paper Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 0.26 acres of jurisdictional wetlands, 0.25 acres of surface waters, and 2373 linear feet of jurisdictional streams Iredell County. The project shall be constructed pursuant to the modification received August 1, 2006. The authorized impacts are as described below: Stream Impacts in the Yadkin River Basin Site Permanent Fill Temporary Fill Permanent Fill in .Temporary Fill in Tota(Stream Stream Impacts in Intermittent. in Intermittent Perennial Stream Perennial Stream. Impact Requiring Stream (linear Stream (linear ft) (linear ft) (linear ft) (linear ft) Mitigation ft linear ft Original approved impacts at Site 1 426 426 426 Original approved impacts at _ Site 2 508 508 508 Original approved impacts at Site 3 344 344 3 4 4 C Original approved impacts at __ __ ___ _ __ . _____ Site 4 502 502 502 Original approved impacts at _ Site 10 216 216 216 New additional impacts at Site 11 377 377 377 Total 2373 2373 2193* Total Stream Impact for Project: 2373 linear feet *180 Linear Feet of Natural Stream Design has been deducted from the total. Wetland Impacts in the Yadkin River Basin Site Fill Fill Excavation Mechanized Hand Area under TotaV Wetland (ac) (temporary) (ac) Clearing Clearing Bridge Impact (ac) (ac) (ac) (ac) (ac) Original approved impacts at Site 2 0.04 0.06 0.02 0.12 _ Original approved impacts at _ _Site 6 0.0 1 0.01 Original approved impacts at _ _ . _ ____ _ __ Site 7 0.08 _ 0.05 0.13 ~ L Total 0.12 0.06 0.08 0.26 Total Wetland Impact for Project: 0.26 acres No additional wetland impacts authorized under this modification. Open Water Impacts in the Yadkin River Basin Site _ Permanent Fill in Open _ Waters ac Temporary Fill in Open _ Waters ac Total Fill in Open Waters {ac) Ori final approved impacts at Site 1 0.04 0.04 Original approved impacts at Site 2 0.06 0.06 _ _ Original approved impacts at Site 3 _ 0.03 0.03 Original approved impacts at Site 4 0.05 0.05 _ Original approved impacts at Site 10 0.04 0.04 _ Original approved impacts at Site 11 0.02 0.02 Total 0.25 0.25 Total Open Water Impact for Project: 0.25 acres No additional open water impacts authorized under this modification. The application provides adequate assurance that the discharge of fill material into the waters and wetlands of the Yadkin River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modified application dated received August 1, 2000. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated May 11, 2004, still apply except where superseded by this certification. Should your project change, you are required to notify the DWQ 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: 1. The culvert installation wilt result in an additional loss of 377 linear feet of stream. We understand that you have chosen to satisfy mitigation for the 377 linear feet of impacts to streams through an in- lieu payment to the North Carolina Ecosystem Enhancement Program (EEP). EEP has indicated in a letter dated July 7, 2006, that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for this project. 2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such th~it they equal, or exceed, the requirements specified in the most recf~nt version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. 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. c. The reclamation measures and implementation of these measures must be in accordance with the requirements of the Sedimentation Pollution Control Act. 3. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify the DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 4. All other conditions written into the previous Water Quality Certification, dated May 11, 2004, for the project still apply. 5. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 Permit. This Certification shall expire upon the expiration of the 404 Permit. If this Certification is unacceptable to you, have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 1508 of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 11th day of August 2006 DIVISION OF WATER QUALITY for Alan W. Klimek, P.E. Director WQC No. 3460