HomeMy WebLinkAbout20120179 Ver 1_Approval Letter_20120222,a*
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NC ENK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
February 22 2012
DWQ #12 0179
-- - -- - - __ --- — - -- - - - Iredell County
Mr Mike Holder P E - -
NCDOT Division 12
P O Box 47
Shelby NC 28151
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Holder
You have our approval In accordance with the attached conditions and those listed below to permanently Impact 50
linear feet (If) for the construction of a rock ladder and scourhole armoring and to temporarily Impact 20 If (cofferdams) of
an unnamed tributary to Byers Creek a perennial stream as described In your application received by the Division of
Water Quality (DWQ) on February 16 2012 The location of the project Is Interstate 77 Southbound Mlle Marker 36 4 In
Iredell County After reviewing your application we have determined that this project Is covered by Water Quality General
Certification Numbers 3820 Please note that you should get any other federal state or local permits before proceeding
with your project Including those required by (but not limited to) Sediment and Erosion Control Non Discharge and
Water Supply Watershed regulations This approval will expire with the associated 404 permit unless otherwise specified
In the Water Quality Certification
This approval Is valid solely for the purpose and design that you described in your application (unless modified below)
Should your project change you must notify the DWQ In writing and you may be required to 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 conditions If total wetland fills for this project (now or in the future) exceed one acre or
if 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 those listed below
A rock ladder shall be constructed at the outlet of the culvert as depicted on the plans DWQ will require
that the Division Environmental Supervisor or Environmental Specialist be present during the
construction of the rock ladder
2 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
3 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
4 The use of riprap above the normal high water mark shall be minimized Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage
5 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream
6 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarollna
Phone (704) 663 1699Tax (704) 663 60401 Customer Service 1 877 623 6748 �aturallr�
Internet htto / /portal ncdenr org /web /wg
An Equal Opportunity /Affirmative Action Employer— 50 / Recycled /10 / Post Consumer Paper
Mr Mike Holder P E
Page Two
7 Temporary dewatenng sites must be restored to pre existing conditions unless more natural geomorphic
conditions can be provided
If concrete is used during construction a dry work area should be maintained to prevent direct contact between
curing concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills
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 the 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 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
11 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
13 A copy of this Water Quality Certification shall be posted 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
14 Native riparian vegetation must be re established within the construction limits of the project by the end of the
growing season following completion of construction
15 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable they
shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released
the project
16 Erosion and sediment control practices must be in full compliance with all specifications governing 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 Sediment 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 Control 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 Carolina 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
17 The North Carolina Department of Transportation ( NCDOT) and its contractors and /or agents shall not excavate
fill or perform mechanized land clearing at any time in the construction or maintenance of this project within
waters and /or wetlands except as authorized by this Certification or any modification to this Certification (e g no
work shall occur outside of the footprint of the plans provided)
Mr Mike Holder P E
Page Three
In addition there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated
with this Certification without appropriate modification If this occurs compensatory mitigation may be required
since it is a direct impact from road construction activities
18 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted
for approval
19 The outside buffer wetland or water boundary located within the construction corridor approved by this
certification 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
20 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
21 Upon completion of the project the NCDOT Division Engineer shall complete and return the enclosed Certificate
of Completion form to notify DWQ when all work included in the 401 Certification has been completed Please
include photographs upstream and downstream of the structure to document correct installation
22 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state water
quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any
other appropriate requirements of state and federal law If DWQ 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 DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H 0507(d) Before codifying the certification DWQ shall notify NCDOT and the
USACE provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing
in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to NCDOT in writing
shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water
Act and shall also become conditions of the 404 Permit for the project
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 6714 This Certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If you have any
questions please telephone Polly Lespinasse in the Mooresville Regional Office at 704 663 1699
Sincerely
For Charles Wakild
Attachments
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Wetlands Unit
File Copy