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HomeMy WebLinkAbout20121037 Ver 1_Approval Letter_20121115Beverly Eaves Perdue Governor Mr Barry Moose NCDOT Division 10 716 W Main St Albemarle NC 28001 NCDEN Y North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild P E Director Subject Bridge Replacement to Culvert SR 1415 (Curlee Rd ) APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Moose Dee Freeman Secretary November 15 2012 DWQ# 12 1037 Anson County You have our approval In accordance with the general certification and those conditions listed below to impact 127 linear feet (If) (permanent 71 If) of Cedar Branch to replace the bridge with two culverts in Anson County per your application received by the Division of Water Quality (DWQ) on November 13 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 The above rioted Certification Will expire %Aihen the associated AOA permit expires "irlleSS OthefLhiSe 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 submit a new application for 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 Cert,f1cation the following additional conditions pply 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) During construction In addition to the proposed coir logs the ditch lines shall be matted 3) Rip rap shall be limited to the greatest extent practical In the construction of the flood plain bench at the Inlet and outlet of the secondary culvert If possible depending on stream velocity /hydraulics coir logs and heavy matting should be considered Mooresville Regional Office One Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarohna Phone net(7hOttp /6/portal99cdenr org /web/wg040 \Customer Service 1 877 623 6748 ;Vatura!!y An Equal Opportunity /Affirmative Action Employer - 50 / Recycled /100/ Post Consumer Paper 4) 3LOrMvvat —ei drgchraryf ,� to tn-e receiving stream shall not be impaWed clue iu scaimeii' auc;Lhmuiations scouring or erosion of the stream banks 5) Existing stream dimensions pattern and profile shall be maintained (or restored) immediately above and below the stream crossing Immediately upon completion of the installation water flow shall be returned to its natural course If any of the culverts become perched the appropriate stream grade shall be re established or if the culverts are installed in a perched manner they shall be removed 6) The use of rip rap shall be minimized and rip rap placed for stream stabilization shall be placed in that it does not impede aquatic life passage 7) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 8) 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 9) A copy of this Water Quality Certification shall be maintained on the construction site at all times In addition all subsequent modifications if any shall be maintained with the Division Engineer and the on site project manager 10) 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 DWQ (and regional office) when all work included in the 401 Certification has been completed 11) The permittee and its authorized agents shall conduct its activities ire a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Aut) 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 of achieved use) or Thal. State or iederai iaw is being violaLed 01 Lhal. f urtf lei col idiuoi s ale necessary y 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 1506 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 b nding unless you ask for a hearing 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 for Charles Wakild P E Attachments cc Army Corps of Engineers Asheville Sonia Corillo Wetlands Transportation Unit