HomeMy WebLinkAbout20140406 Ver 1_Approval Letter_20140620C®GN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. R Patton
City of Hickory
76 North Center Street
Hickory, NC 28601
aC Rd p-
1
JUN 2 3 2014 Ln
Wo
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
46th Avenue Drive, NE Bridge Replacement
Dear Mr. Patton:
John E. Skvarla, III
Secretary
June 20, 2014
DWR# 14 -0406
Catawba County
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated April 15, 2014, and additional
information submitted on June 18, 2014 and received by the Division of Water Resources (the
Division) on April 24, 2014 and June 19, 2014, respectively. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3883
and 3884, which can be viewed on our web site at http: / /portal.ncdenr.org /web /wq /swp /ws /401.
The General Certification allows you to use Nationwide Permit Numbers 3 and 12 once they are
issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. In addition to the requirements of the certification,
you must also comply with the following conditions:
1. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Wetlands
0
0
Stream
0
100 linear ft.
2. This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a
copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone- 919 - 807 -63001 Internet www.ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
3. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. To the maximum extent practicable, the
outfall should discharge parallel to the,.strearh channel,_, See attached.
5. Work is allowed in the dry, however• equipment should remain along the stream banks.
6. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and /or stabilized to reduce sediment loss and turbidity. This
includes interior /exterior slopes of sediment basin's'AND`ttie immediate work area related to the
bent construction, etc.
7. Bare /fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
8. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not
be placed in the streambed, unless approved by DWR.
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and /or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
10. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within two
months of the date the Division of Land Resources has released the project.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion" form to the 401/Wetlands Unit of the Division.
12. Continuing Compliance. The applicant (Catawba County) shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of state and federal law. If the Division 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 Division may
reevaluate and modify this certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the certification, the Division shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity
for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to the applicant in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000:
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
One (1) 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
Raleigh, NC 27699 -1601
This letter completes the review by the Division under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704 - 663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
incerely,
c
forThomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Greg Hoffman, McGill Assoc., 55 Broad Street, Asheville, NC 28801
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.: 14 -0406 County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials. -
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.
Date