Loading...
HomeMy WebLinkAbout20141131 Ver 1_Approval Letter_20141030NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary October 30, 2014 Union County NCDWR Project No. 14-1131 Bridge Replacement ( #342), SR 1715 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Louis Mitchell NCDOT, Division 10 716 W. Main Street Albemarle, NC 28001 Dear Mr. Mitchell: You have our approval, in accordance with the conditions listed below, for the following impacts for the bridge replacement on Bunn Simpson Rd. in Union County: Stream Impacts in the Yadkin - Pee -Dee River Basin The project shall be constructed in accordance with your application dated received October 28, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 of 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 and any additional conditions listed below: 1. The area immediately adjacent to the stream located in the work area should be matted or covered (at minimum) prior to'rain events. Transportation and Permitting Unit One 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarohna Location. 512 N. Salisbury St Raleigh, North Carolina 27604 Phone. 919 -807 -63001 FAX 919 - 733 -1290 �atKNia"/ Internet: www ncwaterguality.org Permanent Temporary Permanent Temporary Stream Fill in Fill in Impact Impact Total Stream Impacts Site Intermittent Intermittent Perennial Perennial Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft linear ft Stabilization 47 47 Demo 0 69 69 0 TOTAL 0 0 47 69 116 0 The project shall be constructed in accordance with your application dated received October 28, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 of 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 and any additional conditions listed below: 1. The area immediately adjacent to the stream located in the work area should be matted or covered (at minimum) prior to'rain events. Transportation and Permitting Unit One 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarohna Location. 512 N. Salisbury St Raleigh, North Carolina 27604 Phone. 919 -807 -63001 FAX 919 - 733 -1290 �atKNia"/ Internet: www ncwaterguality.org 2. 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. 3. Though approved, the use of rip -rap should be minimized to the maximum extent. 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. 4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 5. 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. 6. 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. 7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9. 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. 10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 11. 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. 12. 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. 13. 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. i 14. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 15. 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 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. John Evans, 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, 919 Thomas A. Reeder, Director Division of Water Resources cc: Crystal Amschler, US Army Corps of Engineers, Asheville (electronic copy only) Larry Thompson, Div. 10 (electronic) File Copy A i� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: John E. Skvarla, III Secretary 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 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 Date 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.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer Registration No. NofthCarolina ;Vaturallry