HomeMy WebLinkAbout20120934 Ver 1_Approval Letter_20121009 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 9 2012
Surry County
NCDWQ Project No 20120984
(Bridge 89)SR 1618
TIP BD 5111M/WBS45357 1 13
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr Heath Slaughter
NCDOT Division 11
PO Box 250
North Wilkesboro NC 28659
Dear Mr Heath Slaughter
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing ridge No 89 on SR 1618 in Surry County
Stream Impacts in the Yadkin Pee Dee 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
(hnear ft)
1 75 75
2 25 25
100 100
Total
Total Stream Impact for Project 100 linear feet
The project shall be constructed in accordance with your application dated received October 8 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Number 3883 This certification corresponds to the Nationwide Permit 3issued by the Corps of Engmeers 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 in the future)exceed 150 linear feet compensatory mitigation may be required as
described m 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
Project Specific Conditions
1 Energy dissipater pads shall be placed below the bridge deck drains
2 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
3 All bridge construction shall be performed from the existing bridge temporary work bridges temporary
causeways or floating or sunken barges
4 Post construction stormwater shall be designed as approved in the permit application dated received October
8 2012 If any changes are made to the post construction stormwater design the Division of Water Quality
shall be contacted for approval of the changes
General Conditions
1 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
2 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 geomorphic conditions
3 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
4 Heavy equipment shall be operated from the banks rather than m the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream
5 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
6 No rock sand or other materials shall be dredged from the stream channel except where authonzed by this
certification
7 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
8 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
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 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
11 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
12 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
13 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
14 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
15 Native riparian vegetation must be reestablished in the npanan areas within the construction limits of the
project by the end of the growing season following completion of construction
16 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 m 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 Heanngs 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 Euhss at(336)771 4959
Sincerely
Charles Wakild
,i Director
Cc Monte Matthews US Army Corps of Engineers Raleigh Field Office(electronic copy only)
Wetlands/401 Transportation Permitting Unit(electronic copy only)
File Copy