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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