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