HomeMy WebLinkAbout20080478 Ver 1_Approval Letter_200803230? W ATF9Q Michael F. Easley, Governor
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G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
April 23, 2008
Surry County
DWQ Project No. 08-0478
Bryan Road (SR 1804)
APPROVAL of 401 Water Quality Certification s 7\
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
North Carolina Department of Transportation
PO BOX 250
North Wilkesboro, NC 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to incur the
following impacts for a pipe replacement on Bryan Road.
• 40 linear feet of new piping impacts to Unnamed Tributary Number 1 to Toms Creek (30 feet of new
pipe and 10 feet of rip rap);
• 30 linear feet of new piping impacts to Unnamed Tributary Number 2 to Toms Creek (20 feet of new
pipe and 10 feet of rip rap);
• 20 linear feet of new piping impacts to Unnamed Tributary Number 3 to Toms Creek (10 feet of new
pipe and 10 feet of rip rap);
• 40 feet of stream bank rip rap impact to Unnamed Tributary 3 to Toms Creek
• Temporary dewatering impacts.
The project shall be constructed in accordance with your application dated March 12, 2008. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification No. 3704,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 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 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 any
additional conditions listed below.
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107
N e hCarolina
Noaturally
Phone (336) 771-4600 Customer Service
FAX (336) 771-4630 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Mike Pettyjohn, P.E.
April 23, 2008
DWQ# 08-0478
Page 2
1. Due to the perched pipe conditions at Station Number 71+65, DWQ will not require burial of the pipe in
the streambed. Instead the pipe will be laid at grade to avoid future headcuts. At all other stream
crossing locations, placement of culverts and other structures in waters, streams, and wetlands shall be
placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48
inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to
allow low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact the NC DWQ for guidance on how to proceed
and to determine whether or not a modification to this certification will be required.
2. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
3. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when
practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and
vegetation must be used for stabilization above high water. Any rip-rap used must not interfere with
aquatic life passage during low flow conditions.
4. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
5. 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.
6. No rock, sand, or other materials shall be dredged from the stream channel except where Authorized by
this certification.
7. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic
conditions can be provided.
8. All work shall be performed during low flow conditions.
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.
11. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of 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,
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.
Mr. Mike Pettyjohn, P.E.
April 23, 2008
DWQ# 08-0478
Page 3
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,
oleen H. Sullins, Director
Division of Water Quality
Attachment
cc: Monte Matthews, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office