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Home My WebLink About20070027 Ver 1_Approval Letter_20070114~~F W ATFRQ Michael F. Easley, Governor ~O ~i William G. Ross Jr., Secretary ~ r North Carolina Department of Environment and Natural Resources ~ ~ Alan W. Klimek, P.E. Director Division of Water Quality January 10, 2007 DWQ# 07-0027 Cleveland County Mr. Mike Holder, P.E. NCDOT Division 12 P.O. Box 47 Shelby, NC 28151 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Holder: You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 22 linear feet (If) (16 If for increased culvert length and 6 If for riprap outlet stabilization) and to temporarily impact 30 If (for a temporary cofferdam) of an unnamed tributary to First Broad River* to replace a perched culvert with a larger culvert in association with intersection improvements as described in your application received by the Division of Water Quality (DWQ) on January 5, 2007. The location of the project is State Road 1337 (Zion Church Road) in Cleveland County. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval is valid solely for the purpose and design that you described in your application (unless modified below) and will expire with the associated USACE 404 permit unless otherwise specified in the Water Quality Certification. Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if 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 in the attached Certification and those listed below: Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow for low flow passage of water and aquatic life, as well as prevent headcutting of the streams. Design and placement of culverts and other structures including temporary erosion control measures shall be installed in such a manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including pattern and profile) are to be maintained above and below locations of each culvert. The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ. 2. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions. Riprap placed for bank stabilization should be limited to the stream bank below the high water mark and vegetation should be used for stabilization above the high water mark. ~No stream determination performed. North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet: www.ncwaterqualit~or~ Mooresville, NC 28115 Phone(~04)663-1699 FAX (704) 663-6040 No c Carolina ~turally An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Mike Holder Page 2 3. Heavy equipment must be operated from the banks rather than in the stream channel, when possible, in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 4. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can be provided. 5. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 6. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 7. 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. 8. All work shall be performed during low or normal flow conditions. 9. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 10. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. The reclamation measures and implementation of these measures must be in accordance with the requirements of the Sedimentation Pollution Control Act. 11. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released the project. 12. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this Certification, or any modification to this Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it is a direct impact from road construction activities. 13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please include photographs upstream and downstream of the structure to document correct installation. Mr. Mike Holder Page 3 14. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other appropriate requirements of state and federal law. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, .and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663- 1699. - ~.:, Sincerel~C,,--°" ..~~, _. .._ for Alan W. Klimek, P.E. Attachments cc: Steve Lund, USACE Asheville Field Office Sonia Gregory, DWQ Wetlands Unit File Copy