20090552 Ver 1_Approval Letter_20090514

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
June 16, 2009
Wilkes County
NCDWQ Project No. 20090552
SR1317 Bridge Replacement
TIP No. B-4677
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Dr. Greg Thorpe, P.E.,
NCDOT PDEA-NEU
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing bridge no. 99 over Coal Creek on SR1317 (Old Hwy 60) with a bottomless culvert in
Wilkes County, Federal Aid Project: BRZ-.1317(4), TIP no. B-4677.
Stream Impacts in the New River Basin
Site No. Stream name Permanent Fill Temporary Fill Total Stream
in Perennial in Perennial Stream Impacts
Stream (linear . Stream (linear Impact Requiring
ft) ft) (linear ft) Mitigation
linear ft
1 Coal Creek 73 90 163 0
73 90 163 0
Total
. Total Stream Impacts for Project: 163 linear feet.
The project shall be constructed in accordance with your application dated May 8, 2009 and received by
the Division of Water Quality May 14, 2009. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3701.and 3688. This
certification corresponds to the Nationwide Permits 23 and 33, 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 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 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.
Condition(s) of Certification:
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service No7thCarolina
Internet h2o.enrstate.ncus Winston-Salem, NC 27107 FAX [phone] Naful ally
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Dr. Greg Thorpe, PE
June 16, 2009
DWQ# 09-0552
Page 2
1. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter
surface waters. This water shall be captured, treated, and disposed of properly.
2. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge
Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401
Water Quality Certification.
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. 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.
5. 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. I
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
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. 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 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.
13. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
14. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow sites, or
access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation
will be required since that is a direct impact from road construction activities.
Dr. Greg Thorpe, PE
June 16, 2009
DWQ# 09-0552
Page 3
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
i contact Amy Euliss at [phone].
Sincerely,
eColeen H. Sullins
Director
Cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Heath Slaughter, Division 11 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission "
Wetlands, 401 Transportation Unit
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