The URL can be used to link to this page

Home My WebLink About20131095 Ver 1_Approval Letter_20131012NCDENR North Carolina Department of Environment and Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director Natural Resources John E. Skvarla, III Secretary November 12, 2013 Davidson County NCDWR Project No. 2013 -1095 SR 3051 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Pat Ivey, P.E., Division Engineer NCDOT, Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 Dear Mr. Ivey: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of paving SR 3051 (Crofts Road) in Davidson County: Wetland Impacts in the Yadkin River Basin Total Wetland Impact for Project: <0.01 acres. The project shall be constructed in accordance with your application dated received October 9, 2013 with additional information dated received November 4, 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 NCDWR 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. 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 ncwaterguality ong An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Fill Total Impacts Excavation Mechanized Hand Site Fill (ac) (temporary) Wetland Requiring (ac) Clearing (ac) Clearing (ac) (ac) Impact (ac) Mitigation (ac) 1 <0.01 I I I I I <0.01 0 Total <0.01 1 0.00 1 0.00 1 0.00 1 0.00 1 <0.01 0 Total Wetland Impact for Project: <0.01 acres. The project shall be constructed in accordance with your application dated received October 9, 2013 with additional information dated received November 4, 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 NCDWR 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. 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 ncwaterguality ong An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Condition(s) of Certification: Project Specific Conditions 1. 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. 2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 3. 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. 4. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 6. 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 the NCDWR 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, the NCDWR may reevaluate and modify this certification. 7. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise, authorized by this certification.. 8. 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. 9. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 10. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 11. Native riparian vegetation 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. 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 Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Sue Homewood at (336)771 -4964 or sue.homewood @ncdenr.gov. Sincerely, A 1� Thomas A. Reeder cc: Stephanie Braquet, Division 9 Environmental Specialist (electronic copy only) John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) DWR- Transportation Permitting Unit (electronic copy only) File Copy