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Home My WebLink About20120158 Ver 1_Approval Letter_20120215If NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild P E Governor Director February 15 2012 Halifax County NCDWQ Project No 20120158 SR 1629 State Project No 37742 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr John W Rouse Jr Division Engineer NCDOT Division 4 PO Box 3165 Wilson NC 27895 3165 Dear Mr Rouse Dee Freeman S,cretary You have our approval in accordance with the conditions listed below for the following impacts for the purpose of widening SR 1629 in Halfiax County Ctream Imnacts in the Roanoke River Basin Site Permanent Fill in Intermittent Stream linear ft) Temporary Dewatering to Intermittent Stream (linear ft) Total Stream Impact (linear ft 1 15 10 25 Total 15 10 25 Total Stream Impact for Project 25 linear feet The project shall be constructed in accordance with your application dated received February 14 2012 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 NCDWQ 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 certifications and any additional conditions listed below Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650 Location 512 N galisbury St Raleigh North Carolina 27604 Phone 919 807 63001 FAX 919 807 6492 Internet www ncwaterquality orq An Equal Opportunity \ Affirmative Action Employer ne NorthCarohna NatmIraliff Conditions of Certification 1 Unless otherwise approved in this certification 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 nassage of water and aquatic life Design and placement of culverts and other structures including tempo ay erosio -i control —c. u e s "a" ro be . onductcd n a -~u -nc "at r-ay resul ri d s cqui'ib id— Or 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 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases watei velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 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 4 For all streams being impacted due to site dewaterm, activities the site shall be graded to its preconstruction contours and revegetated with appropriate native species 5 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 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 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 9 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 I i 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 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 shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 16 The permrttee and its authorized agents shall conduct its activities in a manner consistent with State water oualnN standards (including any requirements resultij-ig from compliance with §30.)(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law If NCDWQ determines that such standards or laws are not bem, 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 may reevaluate and modhf} this certification 17 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 subseauent modifications if anv shall be maintained w ith the Division Engineer a ~d he on site p oj,-� rra-~ag�r 18 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 1 19 The issuance of this certification does not exempt the Permrttee 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) havinb ,jut isdiction includin, but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 20 The Permrttee shall report any violations of this certification to the Division of Water Quality within 24 hours of discover 21 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the 401 Certification has been completed 22 Native riparian vegetation (i e trees and shrubs native to dour geo,raphic region) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season followm., completion of construction 2-3 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 24 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 25 Erosion and sediment control practices must be in full compliance with all specifications governin, the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed installed operated and maintained in accordance with the most recent version of the North Carolina 4cdimcnt and Erosion Control Planning and Design Manual b The design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Conti of Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the project c 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 Cai olina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act If you wish to contest anv statement in the attached Certification you must file a petition for an administrative hearing Yo i 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 receip, of th �, 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 00pm except for official state holidays The original and one (I ) copy of the petition must be filed with the Office of Administrative Hearings "i, pc o" —ay be faxed pro,, id,d the o g rat a"d o"c copy o' h, docu'7 c" c.,e / ,d by he Of i ,c of Administrative Hearings within five (5) business days following the faxed transmission The mailm, address for the Office of Admm]sLrative Hearmgs is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telep'ione (919) 7.).) 2698 Facsimile (919) 7» 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 Watei Act if you have any questions please contact Rob Ridings at 919 807 640.) `Plr Cc Chad Coggins Division 4 Environmental Officer Tom Steffens US Army Corps of Engineers Washington Field Office File Cop) Sincerely Charles Wakild Director