20100536 Ver 1_Approval Letter_20100713 (2)

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WDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
July 13, 2010
Vance County
DWQ Project No. 20100536
Beckford Dr. (SR 1165) Widening
TIP No. U-4916
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Frank Frazier, Deputy City Manager
CuN of Henderson
134 Rose Avenue
Henderson. NC 27536
Dear Mr. Frazier:
You have our approval, in accordance with the conditions listed below, for the following impacts forthe purpose of
widening Beckford Drive (SR 1165) in Vance County:
Stream Impacts in the Roanoke River Basin
Site
- Permanent Fill in Intermittent
Stream linear ft) Permanent Fill in Perennial
Stream linear ft Total Stream Impact
linear ft)
1 0 59 59
2 21 0 21
Total 21 59 80
Total Stream Impact for Project: 80 linear feet.
The project shall be constructed in accordance with your application dated received July 6, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3820. This certification corresponds to the Nationwide Permit 14 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 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 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 certification as well as those listed below.
Transportation and Permittrg Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet'. http:llh2o.encstate.no uslnmetlandsl
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An Equal Opponumly 1 Afirma'ive Ac cn Employer
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Conditions of Certification:
1. Unless otherwise approved in this cenification, placement of culverts and other structures in open waters and
streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. 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 down stream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required.
2. Riprap shall not be placed in the active thalweg 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.
3. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. , ::;:;
4. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological, ,•,•
criteria exceedances shall not discharge stonnwater directly to surface waters. Stormwater shall be treatediusing
appropriate best management practices prior to discharging to surface waters.
41:::6.:+1f'concrete is used during construction, a dry work area shall be maintained to prevent direct contact between.
curing concrete-and stream water. Water that ihadvertently contacts uncured concrete shall not be discharged to .-
'' surface waters due to the potential for elevated pH and possible aquatic life and Fish kills. :? ;;t? r ,?,•.
6. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.; or
protected riparian buffers.
7. 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.
S. 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..
The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
10. 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,
11. 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.
Transportabon and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd. Suite 250, Raleigh, NoM Carolina 27604
Phone: [phone][FAX: [phone]
Internet: ht4pJm2o.enr.state.nc.uslncweflandsy
NorthCarofina
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An Equal Opportunity \ Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. 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 y303(d) of the Clean Water Act) and
any other appropriate requirements of State and Federal law. If NCD WQ 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 stay reevaluate and modify this
certification.
16. 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 on-site project
manager.
17. The outside wetland or water boundary located within the construction corridor approved by this authorization ,
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.
18. The issuance of this certification does not exempt the Permittee from complying with any and all,statutes, rules;. ` .
regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and federal) having , ,
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery. .. .
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall
complete and return the enclosed "Certilication of Completion Form" to notify NCDWQ when all work included in
the 401 Certification has been completed. . . .
21. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must,be reestablished within
the construction limits of the protect by the end of the growing season following completion of construction.
22. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit 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.
23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
TransportaEon and Permitting Una
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
Location: 2321 Crabtree Blvd. Suite 250. Raleigh, North Camllna 27604 NorihCarolina
Phone: [phone] t FAX: [phone] ?a?u1'a!`1/
Internet httplfh2oenestate.nc.uslnmedandsr Naturally
An Equai opportunity t AF. zwe Action Employer