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).
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