Loading...
HomeMy WebLinkAbout20120247 Ver 1_Approval Letter_20120320A�� NWEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakdd P E Governor Director March 20 2012 Watauga County NCDWQ Project No 2012 0247 Bridge 192 (SR 1509) Project no 11B 209511 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr Heath Slaughter NCDOT Division 11 PO Box 250 North Wilkesboro NC 28659 Dear Mr Slaughter You have our approval in accordance with the conditions listed below, for the following impacts for the purpose of replacmg Bridge No 192 over Pine Run Creek on SR 1509 in Watauga County Stream Impacts in the New River Basin Dee Freeman Secretary Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream in Intermittent Intermittent Perennial Stream m Perennial Impact Impacts Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring ft) Mitigation linear ft 1 80 80 160 0 80 80 160 0 Total Total Stream Impact for Protect 160 linear feet The project shall be constructed m accordance with your application dated received March 7 201 After reviewing your application we have decided that these unpacts are covered by General Water Quality Certification Numbers 3820 These certifications correspond 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 m 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 m the attached certification(s) and any additional conditions listed below North Carolina Division of Water Quality Winston Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336-7715000 1 FAX 336 - 771 -0630 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarolma Naturally Condition(s) of Certification Project Specific Conditions 1 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the protect by the end of the growing season following completion of construction 2 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 3 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification 4 Stormwater should be directed across the bridge and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffers etc ) to the maximum extent practicable before entering the stream Please refer to the most current version of Stormwater Best Management Practices 5 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 General Project Conditions 6 The use of rip rap above the Normal High Water Mark shall be mmimized 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 7 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 8 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 9 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 10 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 11 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 12 State or federal law is being violated or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification 13 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 14 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 15 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 16 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 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 OOam and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be fled 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 Charles Wakild / Director Attachments (GCs 3689 3701 and 3688) cc w /out attachments Monte Matthews US Army Corp Raleigh Field Office e copy Heath Slaughter Division 11 Environmental Officer e copy Marla Chambers NC Wildlife Resources Commission Wetlands/ 401 Transportation Permitting Unit File Copy NCDWQ Protect No County Applicant Protect Name Date of Issuance of 401 Water Quality Certification Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to NCDWQ by the applicant the applicant s authorized agent, or the protect engineer It is not necessary to send certificates from all of these Applicant's Certification I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Agent's Certification Date I , hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date Engineer's Certification Partial Final I as a duly registered Professional Engineer in the State of North Carolina having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date Registration No