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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 h The above noted Certification will expire when the associated 404 permit expires unless otherwise e 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 Internet http//portal ncdenr org/web/wq An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 1 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 i 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