HomeMy WebLinkAbout20130718 Ver 2_Approval Letter_20130919111111179 WA
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E Skvarla, III
Governor Director Secretary
September 19, 2013
Stanly County
DWQ No. 13 -0718
Dr. Gregory Thorpe, P.E.
NCDOT PDEA
1598 Mail Service Center
Raleigh, NC 27699 -1598
SUBJECT: Modification, Bridge Replacement ( #215), Ridge Road, SR 1542
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 215 on Ridge Road in Stanly County:
Stream Impacts in the Yadkin River Basin
Site
Permanent Fill
Temporary
Permanent ,
Temporary
Total Stream
Mitigat
Intermittent
Impact
Fill
Impact
Impact
ion
Stream
Intermittent
Perennial
Perennial
(linear feet)
(linear
(linear ft)
Stream
Stream
Stream
ft)
(linear feet)
(linear ft)
(linear feet)
1
0
0
78
10
88
0
Total
0
0
78
10
88
0
The project shall be constructed in accordance with your application dated and received September 16, 2013. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3885, 3891 & 3893. This certification corresponds to the Nationwide 13, 23, & 33 issued by the Corps of
Engineers. 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. 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. The post - construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be re- vegetated with appropriate native
species.
2. Within the construction zone and adjacent to the stream appropriate measures (temporary cover, i.e. plastic
sheeting, etc.) shall be utilized to minimize stream impacts and increased stream turbidity.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location- 512 N. Salisbury-St Raleigh, North Carolina 27604
Phone, 919 - 807 -63001 FAX- 919 -807 -6492
Internet www.rimaterouality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
AW=174(
Page Two
3. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
4. 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.
5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
6. 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.
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. 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.
9. 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.
10. 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.
11. The permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
12. 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.
13. 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.
Page Three
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,
Thomas A. Reeder
Director
cc: Elizabeth Lusk, NCDOT PDEA NES
Patricia Beam, Divisionl2 Environmental Officer
Lori Beckwith, Asheville, Army Corps of Engineers
Sonia Carrillo, Wetlands/401 Transportation Permitting Unit
DWQ #:13 -0718