HomeMy WebLinkAbout20081642 Ver 1_Approval Letter_20081204W AT ?9pG
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Michael F Easley, Governor
William G Ross Jr, Secretarv
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
December 4, 2008
DWQ# 08-1642
Mecklenburg County
Mr Clyde A Gray, Jr
CSX Transportation, Inc
1610 Forest Avenue, Suite 120
Richmond, VA 23229
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Gray
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 135
linear feet (If) of Little Sugar Creek, a perennial stream, as described in your application received by the Division of
Water Quality (DWQ) on October 30, 2008 The purpose of the project is to relocate the stream channel in order to
protect the railway embankment which is currently eroding The location of the project is Mlle Post SF-329 6, Charlotte
Subdivision, near the intersection of North Myers Street and Belmont Avenue in Mecklenburg County After reviewing
your application, we have determined that this project is covered by Water Quality General Certification Numbers
3704 Please note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but ndt limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations This approval will expire with the associated 404 permit unless otherwise specified in the
Water Quality Certification
This approval is valid solely for the purpose and design that you described in your application (unless modified below)
Should your project change, you must notify the DWQ in writing and you may be required to 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 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 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 those listed below
1 Prior to constructing the relocated stream channel, the applicant shall provide DWQ staff survey information
regarding the proposed channel relocation This shall include the existing stream and proposed stream relocation
elevations to ensure that the reconstructed stream properly ties into the existing channel and that the new channel is
provided with an adequate slope Please be advised that the applicant will be responsible for providing a stable
channel This may include the installation of appropriate structures (i e , cross-vanes) if stream instability results from
the relocation
2 Riprap used to stabilize the streambed and streambanks must be minimized If riprap is used in the streambed, it
shall be embedded in the channel to provide unobstructed aquatic passage DWQ encourages the use of
alternative stabilization techniques such as floodplain bench construction, coir fiber matting and live stake
installation in lieu of rprap, where appropriate
3 DWQ staff will require the presence of an employee or environmental consultant who is experienced in stream
relocations to be present during the stream relocation construction
4 DWQ staff shall be notified upon completion of the stream relocation so that an inspection can be conducted
5 All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted
Channel relocations will be completed and stabilized prior to diverting water into the new channel
Marling Address Phone (704) 663-1699 Location Noy` hC-arolina
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 Yatur2
Mooresville, NC 28115 Mooresville, North Carolina
Internet www ncwaterguahty org Customer Service 1-877-623-6748
An Equal OpportunitylAffirmatwe Action Employer - 50% Recycled/10% Post Consumer Paper
Mr Clyde A Gray, Jr
Page Two
6 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream
7 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
8 Temporary dewatenng sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided
9 If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills
10 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the
most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water
11 The dimension, pattern and profile of the stream above and below the crossing should not be modified Disturbed
floodplains and streams should be restored to natural geomorphic conditions
12 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
13 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited
15 A copy of this Water Quality Certification shall be posted on the construction site at all times In addition, the Water
Quality Certification and all subsequent modifications, if any, shall be maintained with the applicant and the on-site
project manager
16 Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction
17 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 30 days after the Division of Land Resources has released the project
18 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards
a The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual
b The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project
c For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual
Mr Clyde A Gray, Jr
Page Three
d The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act
19 The applicant and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at any
time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this
Certification, or any modification to this Certification (e g , no work shall occur outside of the footprint of the plans
provided) In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this Certification without appropriate modification If this occurs, compensatory mitigation may be
required since it is a direct impact from road construction activities
20 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for
approval
21 The outside buffer, wetland or water boundary located within the construction corridor approved by this certification
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
22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
23 Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form
to notify DWQ when all work included in the 401 Certification has been completed Please include photographs
upstream and downstream of the structure to document correct installation
24 Continuing Compliance The applicant shall conduct its 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 DWQ 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, DWQ 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, DWQ shall notify NCDOT and the USACE, 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 NCDOT in writing, shall be provided to the
USACE 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
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 that 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 by the Division of Water Quality under Section 401 of the Clean Water Act If you have
any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699
Sincerely,
.mil 13 E-----
for Coleen H Sullins
Attachments
cc Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit