HomeMy WebLinkAbout20120843 Ver 1_Approval Letter_20121113 (2) ittw
NCDEf
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
November 13 2012
Rockingham County
DWQ Project No 20120843
(Bridge 32)SR 2361
TIP No B 4963
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDI fIONAI CONDI f1ONS
I ' 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 St'earn
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream(linear ft) (linear ft) (linear ft) (linear ft) (linelr ft) Requiring
Mitigation
(linear ft)
1 106 85 191 0
Total 106 85 191 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 pioject 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 CertiticItion and
appioval 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 sti earns(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 foi approval of the changes
3 No drill shiny or water that has been in contact with uncured concrete shall be allowed to enter surface
waters 1 his v‘ater 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 pei matted in waters of the
U S or protected riparian buffers
8 The Permittee shall ensure that the final design drawings adhere to the peimit 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
1 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 fuels lubricants hydraulic fluids or other toxic materials
12 No rock sand of other materials shall be dredged from the stream channel except where authorized by this
certification
13 Discharging hydroseed mixtures and washing out hydroseedeis and other equipment in or adjacent to surface
waters is piolubited
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
15 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 stormwatei management
rules soil erosion and sedimentation control requirements etc
17 The Permit-tee shall report any v iolations 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 consti uction activities
21 Sediment and erosion control meisures 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 dining normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday betvN een 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
Adnunistiative Hearings
lhe petition may be faxed piovided 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
TI
A6714 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 Fnvironment and Natural Resources
1601 Mail Service Center
3
This letter completes the ieview 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
^cee
�Charles Wakild P E
Dn ector i
Attachments[General Certification(pernuttee only)and Ceitificate of Completion foim] )
t cc Jeiry Parker Division 7 Environmental Offices (e copy) 0
Andy Williams US Army Corps of Engineers Raleigh Field Office(e copy)
Transportation Permitting Unit(e copy)
File Copy
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