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HomeMy WebLinkAbout20070080 Ver 1_Approval Letter_20070216O~O~ W AT ~RPG r ~ ~_i~-I ~ ~~ ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 16, 2007 Alleghany County DWQ Project No. 07-0080 SR 1332 (Walnut Branch Rd) APPROVAL of 401 Water Quality Certification Mr. Mike Pettyjohn, P.E. Division Engineer, Division 11 N C Department of Transportation Post Office Box 250 North Wilkesboro, North Carolina 28659 Dear Mr. Pettyjohn: You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts in order to improve, widen and pave SR 1332 (Walnut Branch Rd) in Alleghany County. • 1361inear feet of new impacts to four different unnamed tributaries to Elk Creek (96 feet of piping impacts, 40 feet of riprap); • a total of 0.015 acres of temporary impacts from dewatering at all pipe replacement locations. The project shall be constructed in accordance with your application dated January 8, 2007. After reviewing your application,. we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding•to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33 respectively. 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 federal permit. This condition supercedes, condition No. 19 in the General Certification 3404 and condition No. 12 in the General Certification 3366. 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. At various locations along this road widening, the stream channel is parallel, and immediately adjacent to, the road fill slope and construction area. Extra care will be necessary in designing, installing, and maintaining proper erosion control measures to ensure no impacts to stream at these locations. Should it become necessary to provide additional stream stabilization at these parallel locations, a permit modification will be required. 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. No`s Carolina ~tura!!y North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Mike Pettyjohn, P.E. February 16, 2007 DWQ# 07-0080 Page 3 20. 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 fmal 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 Sue Homewood at 336-771-4964 or at Sue.Homewood@ncmail.net. Sincerely, ~./~, Alan W. Klimek, P.E. Attachment cc: Monte Matthews, USACE Raleigh Field Office Heath Slaughter, Division 11, Division Environmental Officer DWQ 401 Transportation Permitting Unit DWQ Winston Salem Regional Office DWQ Central Files