HomeMy WebLinkAbout20120613 Ver 1_Approval Letter_20120505Akpp;w)
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E Dee Freeman
Governor Director Secretary
July 5 2012
Caswell County
DWQ Project No 2012 0613
(Bridge no 12) SR1554
TIP B 4725
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Greg Thorpe PhD
NCDOT PDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 12 on SR 1554 (Yarborough Mill Road) in Caswell County
Stream Im acts in the Roanoke River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Mitigation
linear ft
1
27
17
44
0
2
15
0
15
0
Total
15 1
0
27
17
59
0
Total Stream Impact for Protect 59 linear feet
The project shall be constructed in accordance with your application dated received June 21 2012 and
additional information dated receive via email on July 2 2012 After reviewing your application we have decided
that these impacts are covered by General Water Quality Certification Number 3891 This certification corresponds
to the Nationwide Permit 23 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
Tlus 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 certification(s) and any additional conditions listed below
Condition(s) of Certification
I The pipe extension at permit site 2 does not need to be buried
2 Post construction stormwater shall be designed as approved in the permit application If any changes are
made to the post construction stormwater design the Division of Water Quality shall be contacted for
approval of the changes
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 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 geomorpluc conditions
5 The use of rip rap above the Normal High Water Mark shall be nummized 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
6 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
7 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
8 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
9 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
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 A copy of this Water Quality Certification shall be maintained on the construction site at all tunes 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
13 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
14 The issuance of this certification does not exempt the Permmttee from complying with any and all statutes
rules regulations or ordinances that may be imposed by other government agencies (i a 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
17 Native riparian vegetation (ex list herbaceous trees and shrubs native to your geographic region) must be
reestablished in the riparian areas withm the construction limits of the project by the end of the growing
season following completion of construction
18 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
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 filed 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) 431 3000 Facsimile (919) 431 3100
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 Euhss at (336) 771 4959 or amy euliss @ncdenr gov
Sincerely
Charles Wakild
Attachments (General Certification and Certificate of Completion form)
cc Jerry Parker Division 7 Environmental Officer
John Thomas US Army Corps of Engineers Raleigh Field Office
DWQ Wetlands /401 Transportation Pe —mhttmg Unit.
File Copy ��—`