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HomeMy WebLinkAbout20001532 Ver 1_Complete File_20001211 State of North Carolina Department of Environment and Natural Resources ? Division of Water Quality James B. Hunt, Jr., Governor BIII Holman Secretary NCDENR Kerr T. Stevens, Director December 15, 2000 Alexander County DWQ Project No. 00-1532 Replacement of Bridge 284 over Third Creek on SR 1632 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Trish Simon, Environmental Officer NCDOT Division 12 P.O. Box 47, 1710 East Marion Street Shelby, NC, 28151-0047 Dear Ms Simon: You have our approval, in accordance with the attached conditions and those listed below, to incur 50 linear feet of impacts to Third Creek for the purpose of constructing Bridge 284 on SR 1632 in Alexander County. The project should be constructed in accordance with your application dated 7 December 2000 (received 11 December 2000). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 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, unless otherwise specified in the Water Quality Certification. The following additional conditions will be required: 1. The culvert shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel should not be reduced by a widening of the stream bed). 2. All work shall be performed during low flow conditions. 3. Care must be utilized such that live (wet) concrete does not enter the stream channel. 4. The presence of equipment in the channels must be minimized. 5. Rip-rap shall not be placed above the bank-full elevation. 6. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 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 DWQ 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 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. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper pr V 4r 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 of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, Attachment Pc Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files T. Stevens J1? Michael F. Easley O QG ?? _ Governor Uj William G. Ross,-Jr., Secretary Department of Environment and Natural Resources p `C Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality DWQ Project No.: 6W -/ County: _ Applicant: Y-JC •i - 1 sr S/ o l 1 Z Project Name: DF 6f-, Date of Issuance of 401 Water Quality Certification: _ Certificate of "Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer _ Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401IWetlandsUnit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621 This form may be returned to DWQ by the applicant, the applicant's authorized-agent, or the project engineer.It is not necessary to send certificates from all of these. Applicant's Certification 1, . hereby state that, to the best of my abilities, due care.and diligence was used in the observation of the construction-such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: r f???hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and-intent of the 401 Water Quality Certification.and Buffer Rules, the approved plMd s ;nOther supporting mate ials Signature 1 LQ?' d If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the401 Water Quality Certification and Buffer Rules, the approved,plsns and specifications, and other supporting materials. Signature Registration No. Date N ENR Division.of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit (919) 733-1786 Far 1Q1Q17-TIA893 p?p?_ W AT ?RQG ? t Michael F. Easley Governor William G. Ross,-Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality DWQ Project No.: 1, 12D - / Applicant: ' L 07• - i v 51/K, - Project Name: Q P 4-1 Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621 This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer.1t is not necessary to send certificates from all of these. Applicant's Certification 1, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent' ertific . I, ?1Sereby state that, to the best of my abil ities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and -intent of the 401 Water Quality Certification and Buffer Rules, the approved 1 d s its other su porting ri / ???te•t? OJ Signature: if this project was designed by a Certified Professional I, . as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the -approved pl m and specifications, and other supporting materials. Signature Registration No. Date NW-ENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919)733-1786 Fax: (919) 733-6893 001532 OFC I 2000 4p1 ?SSU?o STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGK N.C. 27611-5201 DAVID McCOY GOVERNOR SECRETARY P.O. BOX 47, 1710 East Marion Street Shelby, N. C. 28151-0047 December 7, 2000 Mr. Steve Lund, Project Manager - NCDOT Projects US Army Corp of Engineers PAYMENT Asheville Regulatory Field Office RECEIVED 151 Patton Avenue, Room 143 Asheville, N. C. 28891-5006 Dear Mr. Lund: The North Carolina Department of Transportation, Division of Highways, proposes the following project for your issuance of a Section 404 Permit. We believe this project can be accomplished under NWP #14, Linear Transportation Crossings. COUNTY: Alexander LOCATION: Bridge #284, SR 1632 STREAM: Third Creek PRJECT DESCRIPTION: Replace existing 45' long x 26' wide concrete and timber bridge with double barrel 11' wide x 10' high concrete box culvert. Class "C" waters involved. No wetlands or HQW involved. Less than 1/4 acre will be affected. The installment of the double- barrel concrete box culvert will impact a total of 50 feet of stream. By copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources Commission, US Fish & Wildlife Service, and the State Historic Preservation Office. By copy of this letter, I am forwarding seven (7) copies of the application package to John Dorney, NCDENR, Division of Water Quality, 401/Wetland Unit for review. A $200.00 check is enclosed for application processing. I have conducted a survey for the bog turtle (Clemmys muhlenbergii) and its habitat in the project area on November 21, 2000. I have also contacted Marella Buncick with the U. S. Fish and Wildlife Service concerning bog turtle locations in Alexander County. She has concurred there are no known bog turtle habitat areas in the project area vicinity. No significant effect on this species or its habitat is anticipated. A site location map and a sketch of planned activities are attached. A stringent erosion and sedimentation control program will be implemented during the project construction, and every effort will be made to complete the work in a timely manner. Your earliest consideration for this request would be greatly appreciated. Our personnel are available to assist with your evaluation of this project, if necessary. Should you have any questions, please call me at 704-480-5400. Sincerely, Trish Simon Division 12 Environmental Officer Enclosures cc: Mr. Michael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Richard Silverman, Historic Architecture Mr. Ron Linville, WRC Mr. Brian Cole, USF & WS Ms. Renee Gledhill-Earley, SHPO Mr. John Dorney, NCDENR-DWQ File DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: N.C. Department of Transportation 2. MAILING ADDRESS: P.O. Box 47 SUBDIVISION NAME CITY: Shelby STATE: NC ZIP CODE: 28151 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1632. Bridge # 284 3. TELEPHONE NUMBER: (HOME) (WORK) (704) 480-5400 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Alexander - NEAREST TOWN: Stonv Point SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Take Hwy. 90 East from Hiddenite turn right onto SR 1632 and proceed approximately 0.5 mile to Bridge #284. 6. IMPACTED OR NEAREST STREAN11RIVER: Third Creek RIVER BASIN: Yadkin 7. (a) 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 ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN aAR) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1/4 acre- NCDOT Right of Way (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: CULVERT ADDITIONS 50 FT STREAM RELOCATION LENGTH BEFORE: FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): 12-15 FT AVERAGE DEPTH BEFORE: 0.75 FT AFTER: 0.75 FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN 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; 81/2 BY 11 DRAWINGS ONLY) Replace bridge using trackhoe for excavating and 6 "ra work 13. PURPOSE OF PROPOSED WORK: To replace deteriorated and structurally deficient bride and provide safe passage for the traveling public. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO NQNIMIZE WETLAND IMPACTS) N/A 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 11/20/00. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICE (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 12/7/00. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE'OF PUBLIC (STATE) LAND? YES X NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50'FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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? (fl IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE RVIPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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 plc-??R-._. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). 0 U N T y S A16Sd1 cv 16 /- . . _ ? \ ?iLL-. C297 -- - --- t-0 1 9 "? 2 t, 75 » .a R q 1l4L 1100 C298 „?, J " 288 1141 C295 t P74 27 ?- . 29 .. ;,? , lut ?O ' 8 :; 8 o 267_ '• `' i i CL 10 I.00 - - 144t •° PlAismom p ?c'Pl?r , p10/ O A } ?'tit? Z 1?K, 141t ' Spiyll 4 SUM I&W ` . .a t6 ? R - 3610( I 1l2? xJ 7 J 1-3 - 1= CIL 2 l 61. r 13.T -0 ` 33 J Ck1l12 .ttl t ?.i ..rye. l:i: 274 71 lux s -UU 184 ) 4? 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