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HomeMy WebLinkAbout20130523 Ver 1_Approval Letter_20130520Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director May 20, 2013 Iredell County DWQ No. 13 -0523 Mr. Mike Holder NCDOT, Div. 12 1710 East Marion St Shelby, NC 28151 SUBJECT: Bridge Replacement ( #274), Westglow Rd., SR 1865 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Holder: John E. Skvarla, ill Secretary You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 274 on Westglow Rd. in Iredell County: Stream Impacts in the Catawba River Basin Site Permanent Fill Temporary Fill Permanent Fill Temporary Fill Total Mitigation Intermittent Intermittent Perennial Perennial Stream (linear ft) Stream Stream Stream Stream Impact (linear ft) (linear feet) (linear ft) (linear feet) (linear feet) 1 63 100 163 Total 63 100 163 The project shall be constructed in accordance with your application dated and received May 17, 2013. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide 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. 1. All stormwater runoff shall be directed as sheetflow at nonerosive velocities, unless otherwise approved by this certification 2. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919.807 -6492 Internet www.ncwaterguality.org An Equal Opportunitt 1 Affirmative Action Employer One Nol-thCarolina Nahlralll, f 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. 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 NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 7. 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. 8. 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. Heavy equipment shall be operated from the banks to minimize sedimentation and reduce the introduction of other pollutants into the stream. 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 Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. 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. 11. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) 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. 12. 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. 13. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 14. 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. 15. 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 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: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 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. Lacy Presnell,.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 Alan Johnson at (704) 663 -1699 or alan.johnson @ncdenr.gov. Sincerely, � L Charles Wakild, P.E. 0 Director cc: Trish Beam, Div. 12, Environmental Officer (electronic copy only) Lori Beckwith, Asheville, Army Corps of Engineers Sonia Carrillo, Wetlands /401 Transportation Permitting Unit DWQ #: 13 -0523