HomeMy WebLinkAbout20080801 Ver 1_Approval Letter_20080322OF W ATF9 Michael F. Easley, Governor
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7 North Carolina Department of Environment and Natural Resources
0 -? Coleen Sullins, Director
Division of Water Quality
May 22, 2008
Wilkes County
DWQ Project No. 08-0801
Mt Sinai Road (SR 2418)
APPROVAL of 401 Water Quality Certification
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 pipe replacements and temporary dewatering on Mt. Sinai Road (SR 2418) in Wilkes
County.
Stream Tmnacts in the Yadkin River Basin
Station
No. Tributary to
Little Hunting
Creek Permanent Fill in
Intermittent
Stream (linear ft) Permanent Fill in
Perennial Stream
(linear ft) Total Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
35+63 1 - 28 28 0
48+27 2 - 24 24 0
56+83 3 - 35 35 0
60+09 4 - 26 26 0
72+50 5 - 32 32 0
73+79 6 - 16 16 0
77+81 7 0 - 0 0
116+24 8 39 - 39 0
Total 39 161 200 0
Total Stream Impact for Project: 200 linear feet.
Wetland IJnnacts in the Yadkin River Basin (riverine)
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing (ac) Clearing Bridge Wetland
ac ac ac Impact ac
1 0.00027 0 0 0 0 0 0.00027
Total 0.00027
Total Wetland Impact for Project: 0.00027 acres.
The project shall be constructed in accordance with your application dated May 7, 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
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107
Ne Carolina
Aoatura!!y
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.
May 22, 2008
DWQ# 08-0801
Page 2
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.
1. The day-lighted section of the stream at station no. 77+81 shall be stabilized, vegetated with native
riparian vegetation and restored to natural geomorphic conditions.
2. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
3. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
4. 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.
5. 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.
6. 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.
7. No rock, sand, or other materials shall be dredged from the stream channel except where authorized by
this certification.
8. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic
conditions can be provided.
9. All work shall be performed during low flow conditions.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
11. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours.
12. 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
Mr. Mike Pettyjohn, P.E.
May 22, 2008
DWQ# 08-0801
Page 3
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 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