HomeMy WebLinkAbout20111007 Ver 1_Approval Letter_20110119NCDENR
North Carolina Department of En nronmtnt and Natural R,-sources
Di iisicn cr Water Quali I
Beverli Eaves °erdue Charles Wakiid P E Dee Fr -eilan
Covernor D rec'or Secretarj
January 19 2012
Guilford County
DWQ Project No 20111007
SR 2026 (Pepper Road)
State Project No 7b204111
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Mills PE Division Engineer
NCDOT Division 7
PO Box 14996
Greensboro NC 27415 4996
Dear Mr Mills
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing two deficient pipes with an aluminum box culvert in Guilford County
Stream Impacts in the Cane Fear River Basin
- -- - - - - -- - - -- - -- -
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Intermittent
Intei mittent Stream
Perenrivil Sti caul
Pei ennial Sti eam
Impact
Implets
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
(linear ft)
1
16
20
36
0
Total
Total Stream Impact for Project 36 linear feet
The project shall be constructed in accordance with your application dated received January 9 2012 and January 19
2012 After reviewing your application we have decided that these impacts are covered by General Water Quality
Certification Number 3320 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 and
any conditions listed below
Condition(s) of Certification
A floodplain bench shall be installed at the inlet as detailed in the plans and outlet the extent practicable The
bench shall be comprised of large rock The floodplain bench shall also be tapered to tie into the upstream
streambank Further if the stream channel at the outlet of the overflow pipe overwidens then the Division of
Water Quality shall be consulted for appropriate restoration measur °s
2 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless
otherwise approved by this certification
3 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated Maintained buffers shall be permanently revegetated with non woody
species by the end of the growing season following completion of construction For the purpose of this condition
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular
NCDOT maintenance activities including mowing The area with non maintained buffers shall be permanently
revegetated with native woody species before the next growing season following completion of construction
4 Pursuant to 15A NCAC 2B 0267 sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and erosion
control devices in Zone 1 outside of the approved project impacts anywhere on this project Moreover sediment
and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and
that discharge is released as diffuse flow
General Conditions
5 For the 20 linear feet of streams being impacted due to site dewatermg activities the site shall be graded to its
preconstruction contours and revegetated with appropriate native species
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 floodplams and streams shall be restored to natural geomorphic conditions
8 The use of rip rap above the Noimal High Water Maik shall be mimm17ed Any rip i ap placed for stl eam
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage
9 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
10 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
11 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
12 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
13 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 government 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
14 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
15 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
16 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
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 Acct, If you
have any questions please contact Amy Euliss at ( .).)6) 771 499
Sincerely
,�y Charles Wakild
Attachments (General Certification permittee only and Certificate of Completion form)
cc Jerry Parker Division 7 Environmental Officer
Andy Williams US Army Corps of Engineers Raleigh Field Office
401 Transportation Permitting Unit >
File Copy