HomeMy WebLinkAbout20120809 Ver 1_Approval Letter_20121005 467A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
October 5 2012
DWQ# 12 0809
Iredell County
Mr Mike Holder
NCDOT Division 12
1710 East Marion Street
Shelby NC 28151
Subject Bridge Replacement # 129 SR 1577 (Pisgah Ridge Cir )
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Holder
You have our approval in accordance with the general certification and those conditions listed below
to impact 70 linear feet (If) of an unnamed tributary to Snow Creek in order to replace the existing bridge in
Iredell County as described in your application received by the Division of Water Quality (DWQ) on August 28
2012 After reviewing your application we have determined that this project is covered by Water Quality
General Certification Number 3886 The General Certification corresponds with Nationwide Permit Number 14
of the U S Army Corps of Engineers
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The above noted Certification will expire when the associated 404 permit expires unless otherwise
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specified in the General Certification This approval is only valid for the purpose and design that you described
in your application (and conditions listed below) If you change your project you must notify us in writing and
you may be required to send us a new application for a new certification If the property is sold the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all
conditions
In addition to the requirements of the attached certification you must also comply with the following
additional conditions
1) Design and placement of culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in dis equilibrium of wetlands or streambeds or
banks adjacent to or upstream and downstream of the above structures The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by DWQ If this
condition is unable to be met due to bedrock or other limiting features encountered during construction
please contact DWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required
2) No rock sand or other materials shall be dredged from the stream channel except from the abandoned
channel for stream substrate for the new relocated channel
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarohna
Phone (704)663 1699\Fax (704)663 6040\Customer Service 1 877 623 6748 Naturally
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3) Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations scouring or erosion of the stream
banks
4) If concrete is used during construction 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
5) Disturbed floodplains and streams shall be restored to natural geomorphic conditions
6) 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
7) Heavy equipment shall be operated from the banks rather than in the stream channel 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
8) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited
9) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless
otherwise authorized by this certification
10)The outside buffer wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked and impacts to areas within the fencing are prohibited unless
authorized by this certification
11)Native riparian vegetation must be reestablished in the riparian areas within the construction limits of
the project by the end of the growing season following completion of construction
12)The permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
13)Upon completion of the approved project the NCDOT Division Engineer shall complete and return the
enclosed Certification of Completion Form
14)The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(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 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 NCDWQ may reevaluate and modify this certification
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 1508 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
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This letter completes the review of DWQ under Section 401 of the Clean Water Act If you have any
questions please telephone Mr Alan Johnson in the Mooresville Regional Office at 704 663 1699
Sincerely
//(GC1-.044- /at-if—e %
for Charles Wakild P E
Attachments
cc Army Corps of Engineers Asheville
Sonia Corillo Wetlands Transportation Unit