HomeMy WebLinkAbout20140737 Ver 1_Approval Letter_20140728A A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
July 28, 2014
Catawba County
NCDWR Project No. 14 -0737
TIP No. B -5150
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Bridge #34, SR 1404
Mr. Richard Hancock, P.E.
Manager, PDEA
1598 Mail Service Center
Raleigh, NC 27699
Dear Mr. Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the subject site
located at 29h Avenue in Catawba County:
Stream Impacts in the Catawba River Basin
Site
Permanent
Fill in
Intermittent
Stream
linear ft
Temporary
Fill in
Intermittent
Stream
linear ft
Permanent
Fill in
Perennial
Stream
linear 8
Temporary
Fill in
Perennial
Stream
linear ft
Total Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
linear ft
Site 1
0
0
122
20
142
0
Site 2
0
0
0
62
62
0
Site 3 streambank
0
0
32
0
32
0
Site 4 streambank
0
0
12
0
12
0
Site 4
0
0
0
1 84
84
0
TOTAL
0
0
1 166
1 166
332
1 0
The project shall be constructed in accordance with your application dated received July 17, 2014. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3885, 3891, and 3893. This certification corresponds to Nationwide Permits 13, 23, and 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 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
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919.807 -63001 FAX: 919 - 733 -1290
Internet: www.nmaterQualitv.om
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one 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 low flow passage of water and aquatic life. 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. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
2. The benches constructed immediately up and down stream of the permanent culvert shall be of in -situ (soil)
material.
3. Upon removal of the temporary culvert(s), all material used for the construction and installation shall be
removed. At minimum the stream elevation shall be returned to the pre - existing condition.
4. The work area immediately adjacent to the stream should be matted,or covered (at minimum) prior to
rain events.
5. 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.
6. 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.
7. 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.
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
9. 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.
10. 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.
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 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 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.
15. The Permittee shall report any violations of this certification to the Division -of Water Resources within 24
hours of discovery.
16. 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.
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.
aincerely,
Thomas A. Reed , Director
Division of Water Resources
cc: Trish Beam, Division 12 Environmental Officer
Steve Kichefski, Army Corps of Engineers, Asheville Office (electronic copy only)
File Copy