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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