HomeMy WebLinkAbout20131162 Ver 1_Approval Letter_20131202A�����
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder JohmE. Skvarla, III
Governor Director Secretary
December 2, 2013
Iredell County
NCDWR Project No. 13-1162
Bridge #: 465
Mr. Mike Holder
NCDOT, Div. 12
1710 East Marion Stir.
Shelby, NC 28151
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mitch Road, UT Hunting Creek
Dear Mr. Holder:
You have our approval, in accordance with the conditions listed below, for the following impacts at the subject site
located in Iredell County:
Stream Impacts in the Catawba River Basin
Site
Permanent
Temporary
Total
Stream
Impact
Impact
Stream
Impacts
Perennial Stream
Perennial
Impact
Requiring
(linear ft)
Stream (linear ft)
(linear ft)
Mitigation
linear ft)
1
127
40
167
0
2
30
30
Total
157
40
197
0
Total Stream Impact for Project: _197—linear feet.
The project shall be constructed in accordance with your application 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 Permit 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. I
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 rimatergualitv.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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I . Diversion ditches and similar measures for the purpose of sediment and erosion control will be matted and
maintained to ensure maximum efficiency for the reduction of sediment loss and turbidity.
2. Rip rap use through the culvert shall be limited to the bank of the newly constructed channel. The bench
shall consist of soil and heavy duty coir fiber matting.
3. The new channel shall not exceed ten (10) feet in width as illustrated by the "typical" in the submitted
application.
4. 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.
5. 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.
6. 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.
7. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
8. 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.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. 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.
11. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer or authorized agent shall complete and return the enclosed "Certification of Completion
Form" to notify the NCDWR when all work included in the 401 Certification has been completed
12. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
13. 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.
14. The permittee and /or 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.
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 Alan Johnson at 704 - 663 -1699 or Alan.Johnson @ncdenr.gov.
Sincerely,
4��l
Thomas A. Reeder
cc: Trish Beam, Division 12, Environmental Officer (electronic)
Steve Kichefski, Army Corps, Asheville (electronic)
Sonia Carrillo, Wetlands Transportation