HomeMy WebLinkAbout20130336 Ver 1_Approval Letter_20130405r:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
Mr. Mike Holder -
NCDOT, Division 12
1710 East Marion Street
Shelby, NC 28151
Subject: Bridge Replacement ( #27), Sulfur Springs Rd.
Dee Freeman
Secretary
April 5, 2013
DWQ# 13 -0336
Catawba County
Approval of 401 Water Quality Certification and Authorization Certificate per the Catawba Riparian Buffer Rule
(15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Holder:
You have our approval for the impacts listed below for the purpose described in your application dated
April 2, 2013. These impacts are covered by Water Quality General Certification Number 3886 and the
Catawba Riparian Buffer Rule. This General Certification corresponds with Nationwide Permit Number 14
once it is issued to you by the U.S. Army Corps of Engineers.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
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 send us 4-new application for a new 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 attached certification, you must also comply with the following
additional conditions:
1) Buffer Impact:
Site
Zone 1
Zone 2
Zone 1
Zone 2
Impact
Impact
Mitigation
Buffer
(sq ft)
(sq ft)
Required
Mitigatio
n
Required
B1
285
110
0
0
B2
10
585
0
0
otals
295
695
0
0
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: (704) 663 - 1699 \Fax (704) 663 -6040\ Customer Service 1- 877 - 623 -6748
Internet http / /portal ncdenr.org /web /wq
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naturally
2) Existing stream dimensions, pattern, and profile shall be maintained immediately above and below the
stream crossing.
3) No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
4) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
5) The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
6) 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.
7) 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
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.
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 binding 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