HomeMy WebLinkAbout20080141 Ver 1_Approval Letter_20080207OF W A TF9 Michael F. Easley, Governor
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~ William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
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p ~ Coleen Sullins, Director
Division of Water Quality
February 7, 2008
Rockingham County
DWQ Project No. 08-0141
US 311
APPROVAL of 401 Water Quality Certification
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to incur the
following impacts in order to realign and replace Bridge No. 95 over Big Beaver Island Creek and Bridge No.
67 over Little Beaver Island Creek on US 311 in Rockingham County:
• 20 feet of permanent impact due to bank stabilization on both Big Beaver Island Creek and Little Beaver
Island Creek (40 feet total); and
• 222 feet linear feet of permanent fill impacts to UT to Big Beaver Island Creek; and
• 14 feet of temporary surface water impacts to UT to Big Beaver Island Creek.
The project shall be constructed in accordance with your application dated January 2, 2008. After reviewing
your application, we have decided that bank stabilization on the both streams is covered by General Water
Quality Certification No. 3689, corresponding to the U.S. Army Corps of Engineers Nationwide Permit
Numbers 13, and that the fill is covered by General Water Quality Certification Nos. 3704, corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Numbers 14. 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 is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the Division of Water Quality (Division) and submit a new
application. If the property is sold, the new owner must be given a copy of this approval letter and
certifications, 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 maybe 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 any
additional conditions listed below.
No~thCarolina
~1 atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 77]-5000 Customer Service
Internet: www.ncwaterqualiry.org Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748
An Equal OpportunirylAffirmative Action Employer - 50% Recycletl110% Post Consumer Paper
Mr. Mike Mills, P.E.
February 7, 2008
DWQ# 08-0141
Page 2
Compensatory mitigation for 222 linear feet of impact to streams is required. We understand that
you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the
mitigation for the project. EEP has indicated in a letter dated November 14, 2007 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on
July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
2. 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.
3. 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.
4. 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.
5. The Permittee shall ensure that the final design drawings adhere to the certification and to the
drawings submitted for approval.
6. 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.
7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
10. The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery.
11. Native riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion of construction.
Mr. Mike Mills, P.E.
February 7, 2008
DWQ# 08-0141
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,
which 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 contact Amy Euliss at 336-771-4959 or at amy.euliss@ncmail.net.
Sincerely,
Coleen Sullins
Attachment
cc: Andy Williams, USAGE Raleigh Field Office
Jerry Parker, Division 7, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office
DWQ Central Files