HomeMy WebLinkAbout20110059 Ver 1_Approval Letter_20110208NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 8, 2011
Davidson County
NCDWQ Project No. 20110059
(Bridge 52) SR 1445
TIP No. B-4694
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Gregory Thorpe, PhD
NCDOT-PDEA
1598 Mail Service Center
Raleigh, NC 27699
Dear Dr. Thorpe:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 52 over Reedy Creek on SR 1445 (Old Mill Road) in Davidson County:
Stream Imp acts in the Yadkin River Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
USACE JD-DWQ Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Ephemeral (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Stream (linear ft) Mitigation
linear ft
S1 75 43 118 0
S2 85 85 0
S3 147 147 0
232 75 43 350 0
Total
Total Stream Impact for Project: 350 linear feet.
Ri avian Wetland Im acts in the Yadkin River Basin
Site Fill Fill Excavation Mechanized Hand Clearing Area under Total Wetland
(ac) (temporary) (ac) Clearing (ac) (ac) Bridge Impact (ac)
ac ac
W l <0.01
W2 0.01
W3 <0.01
<0.01 0.01 <0.01 <0.03
Total
Total Wetland Impact for Project: <U.U3 acres.
The project shall be constructed in accordance with your application dated received Jan 19, 2011. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3689, 3701, and 3688. This certification corresponds to the Nationwide Permit 13, 23, and 33 issued by the Corps
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown SL Winston-Salem, North Carolina 27107
Phone: 336-771-50001 FAX: 336-77146301 Customer Service: 1-877-623.6748
Internet:w .mmatemual,ty.crg
North' Carollna
J1??rtur?ll
An Equal Opportunity 1 Affirmative Action Employer
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 NCDW Q 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(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
1. 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.
2. Temporary Erosion Control measures are only allowed at wetland site 3. If additional measures are
needed, written approval from the Division will be required.
3. Sites with temporary stream and wetland impacts shall be graded to its preconstruction contours and
revegetated with appropriate native species.
4. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water.
5. 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 scour holes, vegetated buffers,
etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management
Practices.
General Conditions
6. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
7. 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.
8. 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.
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 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.
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 outside buffer, 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.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-733-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 (336) 771-4959.
Sincerely,
/yr Coleen H. Sullins
Director
Cc: Kent Boyer, Division 9 Environmental Officer
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
W etlands,-401`Transportation,Permitting=Unit
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