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HomeMy WebLinkAbout20090359 Ver 1_Approval Letter_20090427 Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary April 27, 2009 Watauga County NCDWQ Project No. 20090359 SR1211B State Project No. 11 C.095086 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Heath Slaughter, Division Environmental Officer NCDOT, Division 11 PO Box 250 North Wilkesboro, NC 28659 . Dear Mr. Slaughter: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of road improvements to SR 1221B (Locust Gap Road) in Watauga County: Stream Impacts in the Watauga River Basin Site Stream Name Permanent Temporary Permanent Temporary Stream Fill in dewatering - Fill in dewalering Impacts _ Intermittent impacts in Perennial impacts in Requiring Stream Intermittent Stream Perennial Mitigation (linear ft) Stream (linear ft) Stream (linear ft) linear ft linear ft 1 UT 2 to Rube Creek 15 5 NA 2 UT3 to Rube Creek 15 5 NA 3 UT4 to Rube Creek 15 5 NA 4 UT5 to Rube Creek 15 5 NA 45 15 15 5 NA Total Total Stream Impact for Project: 60 linear feet of permanent and 20 linear feet of temporary. The project shall be constructed in accordance with your application dated March 21, 2008 and additional information dated April 17, 2009 and received April 3, 2099 and April 22, 2009, respectively. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3704. This certification corresponds to Nationwide Permit 14 issued by 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 NCDWQ 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 ISA 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. North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 7714600 Customer Service Intemet: h2o.enrstate.nc.us Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 ern NCDENR North Carolina Department of Environment and Natural Resources NorthCarolina Naturally An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Heath Slaughter, DEO April 27, 2009 DWQ# 09-0359 Page 2 Condition(s) of Certification: 1. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the rainbow trout-spawning season of January 1 through April 15 to protect the egg and fry stages of trout. 2. 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. 3.. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 4. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low flow conditions. 5. Heavy equipment must be operated from the banks rather than in the stream channel in order to . minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 6.1 '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. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 9. All work shall be performed during low flow conditions. 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. 12. Upon completion of, the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of 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. 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. Sinc rely, i f Coleen H. Sullins ^ Director Cc: Monte Matthews, US Army Corp District Office, Raleigh Field Office Ron Linville, NC Wildlife Resources Commission Wetlands/ 401 Transportation Permitting File Copy :Z