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HomeMy WebLinkAbout19970450 Ver 1_Complete File_19970522State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N. C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: 1 A T4 Elm ID EHNR May 28, 1997 Stokes County WQC 401 Project #970450 COE #199505108, TIP #B-2633 You have our approval, in accordance with the attached conditions, to place fill material in acres of wetlands or waters for the purpose of relocating a sewer line at NC 8-89 over Mill Creek on Bridge No. 55, as you described in your application dated 9 May 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. 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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of . Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 telephone John Domey at 919-733-1786. Sincerely, H2ow Y? ? eston Howard, Jr. P.EI Attachment j cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office Mr. John Dorney Central Files Alice Gordon; N.C. DOT 970450.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/100% post consumer paper STArt, 0970450 STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY May 9, 1997 4011SSLI US Army Corps of Engineers Raleigh Field Office ,o 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615%o 2y?29, c 1.99, ATTENTION: Mr. Michael D. Smith P.W.S. Chief, North Section jDear Sir: Subject: Stokes County; Replacement of Bridge No. 55 over Mill Creek on NC 8- NC 89; Federal Project No. BRSTP-89(4); State Project No. 8.1640701, T.I.P. No. B-2633; Action I.D. 199505108. On August 17, 1995 the North Carolina Department of Transportation distributed a Categorical Exclusion document for the above referenced project proposing to proceed under a Nationwide Permit in accordance with 33 CFR Appendix A (B-23). On August 28, 1995 the Corps of Engineers verified the issue of NWP 23 (Corps of Engineers Action I.D. 199505108). The CE document stated that no jurisdictional wetlands would be affected by the construction of the project. We have determined that this activity will be authorized under Nationwide Permit 12. Project design now requires the replacement of an existing utility (sewer) line under the c entire length of line to be replaced will be 43.14 meters (141.50 feet), man- Ole to m -hole. The length of line under the creek will be approximately 14 meters (46 feet). Impacts on jurisdictional surface waters will be temporary. The area to be leared ill be kept to a minimum. Preconstruction contours will be restored. All m 'al resulting from excavation will be placed so that it is not dispersed by currents or other forces. Any excess material will be removed to upland areas and exposed stream banks stabilized immediately upon completion. e 2 Enclosed are sketches of the structures, project site map and preconsti-uction notification form for the utility line replacement. We anticipate the 401 General Certification will apply to this project, and are providing one copy of these documents to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. This project will take place in a mountain trout county. Thus we anticipate that comments from the North Carolina Wildlife Resources Commission (NCWRC) will be required. By copy of this letter and attachment, NCDOT hereby requests NCWRC review. If you have any questions or need additional information please call Ms. Alice N. Gordon at 733-7844 Ext. 307. Sincerel , H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Ken Jolly, Corps of Engineers, Raleigh Field Office Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. Kelly Barger, P.E., Program Development Branch Mr. Don Morton, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. D. B. Waters, P.E., Division 9 Engineer Ms. Stephanie Goudreau, WRC, Eastern Mountain Region Coordinator DEM ID: CORPS ACTION ID: 199505108 T.I.P. No. B-2633 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 12 1 PR.E -CONSTRUCT = ON NOT = F 2 CAT 2 ON AP PL =CAT = ON FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch 2. MAILING ADDRESS: Post Office Box 25201 CITY: Raleigh STATE: SUBDIVISION NAME: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): (919) 733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE,NUMBER: H. Franklin Vick, P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Stokes NEAREST TOWN OR CITY: Danbury 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Mill Creek - NC 8/89 near Danbury. Project is located on NC 8/89 approximately 0.2 miles south of Danbury, east of Hanging Rock State Park. 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: Roanoke Mill Creek 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES,'EXPLAIN: 7b. IS THE PROJECT'LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED.FOR USE ON THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY 'OF 401 CERTIFICATION): NWP 23; Action ID No. 199505108 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 2 9a. 9b. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: DRAINAGE: EXCAVATION: OTHER: TOTAL ACRES TO BE IMPACTED: 0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND/AFTER RELOCATION): N/A LENGTH BEFORE: FT? AFTER: WIDTH BEFORE (based on normal high water contours): WIDTH AFTER: AVERAGE DEPTH BEFORE: FT AFTER: (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) FT FT FT FT OPEN CHANNEL RELOCATION: X PLACEMENT OF PIPE UNDER CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): See attached sketch "A" showing contractor's method of creek crossing. With the (4)12" cm pipes installed, the contractor will install impervious 3 dike and install 200 mm sewer pipe by open cutting under pipes. Pipe will be installed in halves Disturbed banks will be stabilized with rip-rap before removing stone and pipes. 13. PURPOSE OF PROPOSED WORK: To install 200 mm sewer line in accordance with plans and replace existing sewer lines. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See CE (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See CE document. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [X] NO [] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [X] NO [] 4 IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003,. TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural residential t. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. 29, BE OWNE 'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) Z??OV DATE 6 f"n 10 I j 04 l70 I O ' I 89 STOKES I I Danbury 68 e9 BRIDGE 77 I I NO. 55 89 O 66 ' I King 311 52 65 I 65 I -.___._ .. -_ _4 T SKETCH MAP SHOWING VICINITY OF STATE PROJECT 8.1640701 , C UL VER krTAc M ,Jr 's` ;l tz,EE -- ::i -TATS OF NORTH CAROLINA SUBJECT PROJECT EPARTMENT OF TRANSPORTATION >a?;'S COUNTY DIVISION OF HIGHWAYS HIGHWAY BUILDING PREPARED BY DATE STATION P. 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