20130337 Ver 1_Approval Letter_20130405

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr.- Mike Holder -
NCDOT, Division 12
1710 East Marion Street
Shelby, NC 28151
Charles Wakild, P. E.
Director
Subject: Pipe Replacement, SR 1234 (Harvey Rd.)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
Dee Freeman
Secretary
April 5, 2013
DWQ# 13 -0337
Lincoln County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 98 linear feet (If) (permanent, 28 If) of an unnamed tributary to Hord Creek in order to replace the
Culvert in Lincoln County, as described in your application received by the Division *of Water Quality (DWQ) on
April 1, 2013. 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 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 a 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: f
1) If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
2) Existing stream dimensions, pattern, and profile shall be maintained (or restored via constructed
benches) immediately above and below the stream crossing. Disturbed floodplains and streams shall
be restored to natural geomorphic conditions. Immediately upon completion of the installation, water
flow shall be returned to its natural course. If any of the existing pipes are or become perched, the
appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the
pipes shall be removed and re- installed correctly.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone (704) 663 - 1699 \Fax [phone]\ Customer Service. 1- 877 - 623 -6748 V a'����N� l //�
Internet- http //portal.ncdenr.org /web /wq (/ `
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3) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
4) 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.
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 150B 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