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HomeMy WebLinkAbout20001534 Ver 1_Complete File_20001211 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 that 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 telephone John Dorney at 919-733-9646. Sincerely, Pc Attachment Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files .e , - .? State of North Carolina Department of Environment and Natural Resources AKwA4 Division of Water Quality VA k +¦..? James B. Hunt, Jr., Governor . NCDENR BIII Holman Secretary Kerr T. Stevens, Director December 15, 2000 Alexander County DWQ Project No. 00-1534 Replacement of Bridge 154 over Third Creek on SR 1628 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Trish Simon, Environmental Officer NCDOT Division 12 P.O. Box 47, 1710 East Marion Street Shelby, NC, 28151-0047 Dear Ms Simon: You have our approval, in accordance with the attached conditions and those listed below, to incur 90 linear feet of impacts to Third Creek for the purpose of constructing Bridge 154 on SR 1628 in Alexander County. The project should be constructed in accordance with your application dated 7 December 2000 (received 11 December 2000). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. 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 permit, unless otherwise specified in the Water Quality Certification. The following additional conditions will be required: 1. The culvert shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel should not be reduced by a widening of the stream bed). 2. All work shall be performed during low flow conditions. 3. Care must be utilized such that live (wet) concrete does not enter the stream channel. 4. The presence of equipment in the channels must be minimized. 5. Rip-rap shall not be placed above the bank-full elevation. 6. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 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 DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, 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 211.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper •} ry DEC 1 1 20 ?o1'ssU?„ ? ??15 3 ? ?° °?`? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVIDMcCOY GOVERNOR SECRETARY P.O. BOX 47, 1710 East Marion Street Shelby, N. C. 28151-0047 December 7, 2000 Mr. Steve Lund, Project Manager - NCDOT Projects US Army Corp of Engineers PAYMENT Asheville Regulatory Field Office RECEIVED 151 Patton Avenue, Room 143 Asheville, N. C. 28891-5006 Dear Mr. Lund: The North Carolina Department of Transportation, Division of Highways, proposes the following project for your issuance of a Section 404 Permit. We believe this project can be accomplished under NWP #14, Linear Transportation Crossings. COUNTY: Alexander LOCATION: Bridge #154, SR 1628 STREAM: Third Creek PROJECT DESCRIPTION: Replace existing 120' long x 20' wide steel and timber bridge with a single barrel 12' wide x 10' high, concrete box culvert. Class "C" waters involved. No wetlands or HQW involved. Less than 1/4 acre of will be affected. The installment of the concrete box culvert will impact a total of 90 linear feet of the stream. By copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources Commission, US Fish & Wildlife Service, and State Historic Preservation Office. By copy of this letter, I am forwarding seven (7) copies of the application package to John Dorney, NCDENR, Division of Water Quality, 401/Wetland Unit for review. A $200.00 check is enclosed for application processing. I have conducted a survey for the bog turtle (Clemmys muhlenbergii) and its habitat in the project area on November 21, 2000. I have also contacted Marella Buncick with the U.S. Fish and Wildlife Service concerning bog turtle locations in Alexander County. She has concurred there are no known bog turtle habitat areas in the project area vicinity. No significant effect on this species or its habitat is anticipated. A site location map and a sketch of planned activities are attached. A stringent erosion and sedimentation control program will be implemented during the project construction, and every effort will be made to complete the work in a timely manner. Your earliest consideration for this request would be greatly appreciated. Our personnel are available to assist with your evaluation of this project, if necessary. Should you have any questions, please call me at 704-480-5400. Sincerely, Trish Simon Division 12 Environmental Officer Enclosures cc: Mr. Michael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Richard Silverman, Historic Architecture Mr. Ron Linville, WRC Mr._Brian Cole, USF. & WS Ms. Renee Gledhill-Earley, SHPO Mr. John Dorney, NCDENR-DWQ File ,0 ? s3 4 DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: N.C. Department of Transportation 2. MAILING ADDRESS: P.O. Box 47 SUBDIVISION NAME CITY: Shelby STATE: NC ZIP CODE: 28151 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1628. Bridge # 154 , 3. TELEPHONE NUMBER: (HOME) (WORK)_i704) 480-5400 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Alexander - NEAREST TOWN: Stony Point SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Take Hwy. 90 East from Hiddenite turn right onto SR 1628 and proceed approximately 0.5 mile to Bridge #154. 6. IMPACTED OR NEAREST STREAM/RIVER: Third Creek RIVER BASIN: Yadkin 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES NO ® IF YES, EXPLAIN: t (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1/4 acre- NCDOT Right of Way (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS RVIPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: CULVERT EXTENSIONS/ADDITIONS 90 FT STREAM RELOCATION - LENGTH BEFORE: FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): 12-15 FT AVERAGE DEPTH BEFORE: 1.0 FT AFTER: 1.0 FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING.TO THE POND? N/A WHAT IS. THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I 1 DRAWINGS ONLY) Replace bridge using trackhoe for excavating and riprap work 13. PURPOSE OF PROPOSED WORK: To replace deteriorated and structurally deficient bridge and to provide safe ossage for the traveling public. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO NIINIA= WETLAND IMPACTS) N/A 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 11/20/00. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICE (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 12/7/00. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES X NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? 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DATE 12/07/2000 INVOICE NUMBER INVOICE DATE INVOICE AMOUNT ® NET AMOUNT ALEX-1628 12/07/2000 $200.00 $200.00 .? .< } we 1 12000 @ WAT[p m, 1 i s