HomeMy WebLinkAbout20120843 Ver 1_Approval Letter_20121113November 13, 2012
Rockingham County
DWQ Project No. 20120843
(Bridge 32) SR 2361
TIP No. B. 4963
APPROVAL of 441 WATER QUALITY CERTIFICATION with ADDITIONAL CONDI'T'IONS
Greg Thorpe, PhD
NCDOTPDEA
1598 Mail Service Center
Raleigh, NC 27699 -1598
Dear Mr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 32 on SR 2361 with a double barrel box culvert in Rockingham County:
Stream Impacts 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
-
-
106
85
191
0
Total
-
146
8
191
0
Total Stream Impact for Project: 191 linear feet.
The project shall be constructed in accordance with your application dated received September 7, 2012, with
additional information dated received October 31, 2012. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3885 and 3891. These certifications
correspond to the Nationwide Permit 13 and Permit 14 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.
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 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:
1. Floodplain benches shall be constructed as approved in the plans dated received October 31, 2012. The
dimension, pattern and profile of the stream above and below the crossing shall not be modified.
2. Post- construction stormwater shall be designed as approved in the plans dated received September 7, 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.
3. No drift slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
4. 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.
7. 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.
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Constriction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
10. 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.
11, All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fiiels, lubricants, hydraulic fluids, or other toxic materials.
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
14. 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.
fly. 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.
16. 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.
17. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
18. 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.
19. 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.
20. 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 constriction activities.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
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 :00am and 5:00pm, 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 Euliss at (336) 771 -4959 or amy.euliss @ncdenr,gov,
Sincerely,
Charles Wakild, RE,
"-Director
Attachments [General Certification (permittee only) and Certificate of Completion form]
cc: Jerry Parker, Division 7 Environmental Officer (e -copy)
Andy Williams, US Army Corps of Engineers, Raleigh Field Office (e -copy)
Transportation Permitting Unit (e -copy)
File Copy
DwWQ Project No.: County:
Applicant: _
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
11 hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction suuch that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting. materials.
Signature: _ Date:
Agent's Certification
1 ._. -_._ , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
1, _........3 as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date