HomeMy WebLinkAbout20141135 Ver 1_Approval Letter_20141107NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 7, 2014
Anson County
NCDWR Project No. 14-1135
Bridge Replacement ( #16), SR 1711
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 Cox'Rd. in Anson 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 3886. 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(s) 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.
2. Maximum effort shall be given to ensure that stream is kept to a single barrel during base flow
conditions. Floodplain benches or other measures may be utilized.
Transportation and Permitting Unit One
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �atura!!�
Phone: 919 -807 -63001 FAX: 919 - 733 -1290
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
46
46
Demo
0
43
43
0
TOTAL
0
0
46
43
89
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 3886. 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(s) 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.
2. Maximum effort shall be given to ensure that stream is kept to a single barrel during base flow
conditions. Floodplain benches or other measures may be utilized.
Transportation and Permitting Unit One
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �atura!!�
Phone: 919 -807 -63001 FAX: 919 - 733 -1290
Internet: www.ncwaterguality.org -
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. 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.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
6. 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.
7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. 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.
11. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
12. 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.
13. 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.
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 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,
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)
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