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HomeMy WebLinkAbout20081223 Ver 1_Approval Letter_20080826O~O~ W A T F9~G ~_ ~ ~ ''C" Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natura] Resources Coleen Sullins, Director Division of Water Quality August 26, 2008 Forsyth County DWQ Project No. 08-1223 B-4507 (R-2247CC) APPROVAL of 401 Water Quality Certification Dr. Greg Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Mr. Thorpe: You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts in order to replace Bridge Nos. 221 and 222 over Muddy Creek on US 421 in Forsyth County: • 471inear feet of permanent impact to Unnamed Tributary no. 1 to Muddy Creek for a pipe extension at Permit Site 1; • 121inear feet of temporary impacts to Unnamed Tributary No. 1 to Muddy Creek associated with the pipe extension at Permit Site 1; • 801inear feet of temporary impacts to Muddy Creek for the construction of a temporary causeway to be used during bridge construction at Permit Site 2, • 1861inear feet of permanent impact for bank stabilization to Muddy Creek at Permit Site 2; • 321inear feet of permanent impacts to Unnamed Tributary no. 2 for riprap fill at Permit Sites 3 and 4; The project shall be constructed in accordance with your application dated July 31, 2008. After reviewing your application, we have decided General Water Quality Certification No. 3689, 3701, and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33, covers that bank stabilization, permanent fill, and temporary impacts, respectively. 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 is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the Division of Water Quality (Division) and submit a new application. If the property is sold, the new owner must be given a copy of this approval letter and certifications, 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 if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h) (6) and (7). For N"os~enCarolina dvaturally North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Greg Thorpe, P.E. August 26, 2008 DWQ# 08-1223 Page 2 this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. 1. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 2. Temporary work pads shall not impede more than half the flow of the stream at any given time. 3. 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. 4. 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. 5. 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. 6. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 7. 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. 8. 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. 9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 11. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 12. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, ~Mr. Greg Thorpe, P.E. August 26, 2008 DWQ# 08-1223 Page 3 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Amy Euliss at 336-771-4959 or at amy.euliss@ncmail.net. Sincerely, ~•~ Coleen Sullins cc: John Thomas, USACE Raleigh Field Office Kent Boyer, Division 9, Division Environmental Officer DWQ Wetlands/401 Transportation Unit DWQ Winston Salem Regional Office Mr. Greg Thorpe, P.E. August 26, 2008 DWQ# 08-1223 Page 4 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ 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: 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: 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