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HomeMy WebLinkAbout20081504 Ver 1_Approval Letter_20081007 W A T ! O?0F 4 PG Michael F Easley, Governor William G Ross Jr, Secretary r North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality October 7, 2008 Rowan County DWQ Project No 08-1504 Fisher Road (SR 2320) APPROVAL of 401 Water Quality Certification Mr Pat Ivey, P E Division Engineer, Division 9 North Carolina Department of Transportation 375 Silas Creek Parkway Winston Salem, 27127 Dear Mr Ivey You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts for a pipe replacement on Fisher Road • 5 linear feet of new piping impacts to an unnamed tnbutary to the Second Creek (4 feet of new pipe and 1 foot of rip rap), and • Temporary dewatering impacts The project shall be constructed in accordance with your application dated September 22, 2008 After reviewing your application, we have decided that these impacts are 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 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 Design and placement of the culvert and other structures shall be installed in such a manner that the original stream profiles are not altered (i e , the depth of the channel must not be reduced by a widening of the streambed) Existing stream dimensions, including pattern and profile, are to be maintained above and below locations of the pipe The structures shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the stream The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by DWQ 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 North Carolina Division of Water Quality 585 Waughtown Street Internet h2o enr state nc us Winston-Salem, NC 27107 N ` o Carolina Ntura!!y Phone (336) 771-4600 Customer Service FAX (336) 771-4630 1-877-623-6748 An Equal OpportundylAlfirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr Pat Ivey, P E October 7, 2008 DWQ# 08-1504 Page 2 used for stabilization above high water Any np-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. 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 cc John Thomas, USACE Raleigh Field Office Kent Boyer, Division 9, Division Environmental Officer DWQ Wetlands/401 Transportation Unit DWQ Winston Salem Regional Office