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Home My WebLink About20070223 Ver 1_Approval Letter_20070209O~O~ W A ~~R~G ~ r O ~C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality ~` °~~ February 8, 2007 ~~ fa DWQ# 07-0223 o°~ N fJ ~ ~.~ • " ' Union County t~' ,. y,.r Mr. Barry Moose, P.E. ~ 9~, ,~, t,.j NCDOT Division 10 0 ~~Q o '~-~ 716 West Main Street , ~ o ~, ~ ~ '~ Albemarle, NC 28001 ~ APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Moose: You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total of 48 linear feet (If) of streams as listed in the table below: Location/Station Stream Name Len th of Stream Im act Station 10+50 Unnamed tributary to Bearskin Creek 4 linear feet intermittent Station 15+40 Unnamed tributary to Bearskin Creek 8 linear feet erennial Station 22+10 Unnamed tributary to Bearskin Creek 8 linear feet , intermittent Station 39+00 Unnamed tributary to Bearskin Creek 8 linear feet intermittent Station 66+70 Dry Fork Creek (perennial) 20 linear feet ~~ The impacts will be for the purpose of widening the existing road by three (3) feet as described in your application received by the Division of Water Quality (DWQ) on February 6, 2007. The location of the project is State Road (SR) 1007 (Rocky River Road) between SR 1009 (Old Charlotte Highway) and SR 1162 (Goldmine Road) in Union County. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not 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: No c hCarolina J~atura!!y North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet: h2o.enr.state.nc.us Mooresville, NC 28115 Phone (704) 663-1699 Fax (704)663-6040 An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Barry Moose Page 3 14. 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. 15. 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 Sedimenf 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 16. The North Carolina Department of Transportation (NCDOT) 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. 17. Upon completion of the project, the NCDOT Division Engineer 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. 18. Continuing Compliance. NCDOT 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 1506 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.