HomeMy WebLinkAbout20140469 Ver 1_Approval Letter_20140509HCDENR
North Car�in@ Department mf Environment @Dd Natural AesOU[�ces
Pat MoCmry JolinE.Skvaa,III
Governor Secwtary
May Y5,20|4
Warren County
NCDVYKProJmt No. 20l48469
SR 1240
State Project No, 5C.093007
APPROVAL oy4o1 WATER QUALITY CERTIFICATION with ADDITIONAL C0NBCTVQN8
Mr, J.VV. Bowman, 9.E` Division Engineer
NCU0T, Division 5
26l3 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the Purpose Of
roadway repairs tuSR 1240 in Warren County:
Stream Impacts in the Roanoke River Basin
Site
Permanent Fill in Perennial
Stream (linear ft)
Riprap Stabilization to
Perennial Stream (linear ft)
Temporary Dewatering to
__11crennial Stream (linear ft)
Total Stream
[impact (linear ft)
1
10
10
20 (Concurrent)
20
2
10
10
20 (Concurrent)
20
3
0
10
20 (Concurrent)
20
Total
20
30
60 (Concurrent)
60
Total Stream Impact for Project: 60 linear feet.
The project shall be constructed in accordance with your application received May 9, 2014. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3886.
This certification corresponds to the Nm8iovidcpemni\ 14 issued hythe Corps n[Engineers. |n addition, you should
acquire any other federal, state or |ouw\ pennitmhoomrc 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 404pcooii.
This approval is valid solely for the purpose and design described in your application (unless modified bdnw).
Should your project chnoge,yoummstnodfvmemCDVVRundsubmkancvvepplicakm. If the property io sold, the
new Owner Must be given u copy mf this Certification and approval letter, and im thereby mopnoyib|e|6rcomp|yiu8
with all the conditions. /[tw/v| weAondfiUs for this project (now or in the future) uxocod one acre, oruftotal
impacts tuotreumm (now n,im the future) exceed |50 linear feet, compensatory mitigation may E* required uu
described in|j/\NCAC2N.850b(h)(6) and (7). For this approval om remain valid, you must adhere /othe
conditions listed in the attached certification and any additional conditions |igc6 below.
Transportabon, and Peifnilting
1658 Mad Sm-keCwnto�Role�gh,Mud Carolina 2768S1650
Luoohonr 512N,Sm|shtq St. Rowwh,NorNCa^*mm27VO4
Phone 9i00O7-630O\FAK819/331280
One
,/ waramy
Conditions of Certification:
1. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
2. 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.
3. 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.
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. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
7. 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.
8. 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.
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. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 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.
13. A ccpy 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 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.
15. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
16. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery.
17. 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 NCDWR when all work
included in the 401 Certification has been completed.
18. 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.
19. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
20. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. 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 sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
C. 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.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by 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 8:00am and 5:00pm, except
for official state holidays. The original and one (I ) 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 Rob Ridings at 919 -707 -8786,
Sincerely,
w
Thomas A Reeder, Director
Division of Water Resources
cc: Chris Murray, Division S Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
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