HomeMy WebLinkAbout20040834 Ver 1_Complete File_20040513?ew a?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 11, 2004
Ms. Beth Barnes
Wetlands/401 Unit
NC DENR Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
(Courtesy Notification, Two Copies)
Mr. John Thomas
US Army Corps of Engineers
6508 Falls of the Neuse Suite 120
Raleigh, NC 27615-6814
(Two Copies)
WETLANDS/ 401 GROIJF)
M'A'Y h !j 004
WATER QUALITY SEQTIon
LYNDO TIPPETT
SECRETARY
Subject: Guilford County, Emergency Culvert Replacement on Drake Road (SR 1137)
Project Number # 7.204111B
To Whom It May Concern:
The North Carolina Department of Transportation (NCDOT) proposes to replace an undersized
damaged culvert on Drake Road in order to maintain traffic safety. In an effort to obtain the
necessary permits for the subject culvert replacement, we are providing a pre-construction
notification application with supporting documentation. We believe this project can be permitted
under the Nationwide Permit numbers 3 and 33.
This project is in the Randleman Lake Water Supply Watershed. However, DOT is requesting to
utilize the "No Practical Alternative" option (15A NCAC 02B.0250 (2) (e) in order to complete the
project. It is the department's opinion that the project has been designed to have minimal
disturbance, to provide maximum nutrient removal and erosion protection, to have least adverse
effects on aquatic life and habitat, and to protect water quality to the maximum extent practical
through the use of best management practices.
The following information is being provided to satisfy conditions of General Water Quality
Certification.
P. O. Box 14996 Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637
PROJECT INFORMATION
Road Name SR Number Project Length
miles Classification
Drake Road SR 1137 N/A Rural
River Basin: DWQ
ID Water Quality
Designation % Impervious
Surface
Cape Fear 17-8.5-(l) WS-IV* N/A
Buffer Rulesa Buffer Rule Conditions where applicable)
Yes Request Exemption
Protected Species
Presentb Mapped Historic
Pro erties° CAMA
AEC Essential Fishery
Habitat
No No No No
a Separate documentation attached as needed: b See the attached Endangered
Species Review Sheet for further information: c When Applicable - See the attached
Historic Review Letter for further information
PIPE REPLACEMENT INFORMATION
Site Drake Road Stream Type Perennial
Station
Existing Pipe (1) 44'X 42" CMP Proposed (2) 60' X 60" CUT
Pipe_
Construction Pump around with offsite detour Dewatering Sandbags & rock silt dam
Method Device*
Burial Depth Minimum of 20% of pipe diameter E/C Plan
Date
Construction As soon as practicable Duration One week
Date
Impacts (ft.) 16 ft-enclosure; 20 linear ft-rip-rap dissipaters; 50 sf temporary sandbags and
rock silt dam
Special
Conditions
Restoration Within 15 working days of the pipe replacement the natural stream contours
Plan will be restored and seeded. Temporary silt screens will be cleaned and
removed following vegetation establishment.
RCP = reinforced concrete pipe; CMP = Corrugated metal pipe; CMPA = Corrugated metal pipe arch; E/C; = Erosion
control. *A less intrusive dewatering device may be used in lieu of the one proposed.
MINIMIZATION INFORMATION
P. O. Box 14996 Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637
Impacts will be minimized by strict enforcement of Best Management Practices for the protection of
surface waters and wetlands, restrictions against the staging of equipment in or adjacent to waters
of the US, and coordination (including a pre-construction meeting) with the Division Environmental
Officer.
MITIGATION INFORMATION
Stream mitigation is not anticipated, as the impacts to any individual stream do not exceed 150 feet
Wetland mitigation is not anticipated, as wetland impacts do not exceed 0.10 acres and do not
occur in a unique natural wetland.
APPLICATION INFORMATION
Enclosed please find the Pre-construction Notification Form and supporting documentation for the
above referenced project. If you have any questions or need any additional information, please
contact Dennis Johnson at (336) 375-5589 or Jerry Parker at (336) 256-2063. Your time and effort
are appreciated.
Sincerely,
-Tn .,?& 1K
r. J.M. Mills, P.E.
ivision Engineer, Division 7
Enclosures
CC: Jerry Parker. NCDOT
Dennis Johnson, Bridge Maintenance NCDOT
Barry Harrington, NCDOT
S. Lane Hall, NCDOT
P. O. Box 14996 Greensboro, NC 27415-4996 Telephone No. (336) 334-3192 Fax No. (336) 334-3637
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. "
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. J.M. Mills P.E Division Engineer - Division 7
Mailing Address: P.O. Box 14996
Greensboro NC 27415-4996
Telephone Number: (336) 334-3192 Fax Number: (336) 334-3673
E-mail Address: mmiHs@dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jerry Parker
Company Affiliation: Division Environmental Officer
Mailing Address: P.O. Box 14996
Greensboro NC 27415-4996
Telephone Number: (336) 256-2063 Fax Number: (336.) 334-4149
E-mail Address: jparker@.dot.state.nc.us
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Drake Road Culvert Replacement (SR 1137)
2. T.I.P. Project Number or State Project Number (NCDOT Only): 7.204111B
3. Property Identification Number (Tax PIN): Not Applicable
4. Location
County: Guilford Nearest Town:Groometown near High Point
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.):
The project is southwest of Greensboro off NC 220. From the new I-85 outer loop near
Greensboro take NC 220 and head south towards Asheboro for approximately 0.7 miles to
Old Randleman Road exit (Exit 77). Turn right on Old Randleman Road and go approx 0.5
miles to Kivett Drive on the right. Stay on Kivett Drive for approx. 0.6 miles and turn left
on Drake Road. Site is approx 0.1 miles after turning onto Drake Road.
5. Site coordinates, if available (UTM or Lat/Long): See the attached USGS Mo.
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Not Applicable
7. Nearest body of water (stream/river/sound/ocean/lake):UT to Hickory Creek
8. River Basin: Cape Fear
Page 2 of 8
I
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Damaged culvert crossing in area of low density residences
10. Describe the overall project in detail, including the type of equipment to be used: The
project will involve replacing an undersized 44 if X 42 inch culvert pipe with a new 60 If
pipe with 60 inch circular diameter. The new pipe wull be buried to a depth that is at least
20% (12 inches) of it's diameter. The increase in size of pipe culvert has been recommended
by the District Engineer as necessary in order to handle the drainage and maintain safe
transportation The right-of-way at the site is 60 feet Equipment used will be standard road
construction equipment (trackhoe grader, backhoe and bulldozer).
11. Explain the purpose of the proposed work: To maintain traffic safety and to reduce future
maintenance costs
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Not Applicable
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Not Applicable
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
I
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent stream impacts will
result from channel enclosure and placement of rip--rap energy dissipaters. Temporary stream
impacts will result from placement of cofferdams and siltscreens. .
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodpWns are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.jzov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: Not Applicable
Total area of wetland impact proposed: Not Applicable
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Drake Road
Culvert
replacement (en) 16 If
(tmp)50 sf
UT to Hickory Creek
Approx. one to
three feet
Perennial
r 20 If
See below*
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usp,s.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
*Cumulative impacts (linear distance in feet) to all streams on site: Project should involve an
increase of 36 linear feet of impacts. - enclosure (en), 16
temporary (tmp) sandbags and rock silt dams in streams---approximately 50 sf,
riprap (rp) permanent placement of rip= at each end of pipe ---approximately 201f total
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Culvert replacement activities are necessary to maintain traffic safety. Impacts will be
d
minimized by strict enforcement of Best Management Practices for the protection of wetland an
surface waters restrictions against the staging of equipment in or adjacent to waters of the US,
and coordination (including a pre-construction meeting) with the Division Environmental
Officer.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A finding of insignificant impact is anticipated; therefore, a mitigation plan is not provided.
Cumulative impacts are less than 150 feet, The maximum amount of impact to a single
stream is approximately 36 linear feet No Outstanding Resource Waters federally protected
species or their habitats or essential fished habitats occur in the project area The project is
not located in a High Quality Water.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): Not Applicable
Amount of buffer mitigation requested (square feet): Not Applicable
Amount of Riparian wetland mitigation requested (acres): Not Applicable
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres): Not Applicable
Page 6 of 8
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Randleman )?
Yes X No _ If you answered "yes", provide the following information:
Requesting an exemption for road crossings as described in 15A NCAC 02B .0250 (2) (e)
(i)•
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 N/A 3
2 N/A 1.5
Total N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Not Applicable
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Not Applicable
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Not Applicable
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ® No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
lE-M
Applicant/Agent's Signature Date'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
N. C. D. O. T.
BRIDGE MAINTENANCE UNIT
EROSION CONTROL SEQUENCE
AND CONSTRUCTION SEQUENCE
GUILFORD COUNTY
PIPE REPLACEMENT
S. R. NO. /1 ;3 -? /iptwec 'Gv,
.
PROJECT NO. ?2 ID L/ /
DESCRIPTION: REMOVAL OF EXISTING SINGLE LINE OF PIPE AND
REPLACE WITH NEW PIPE Z @ /pQ
1. CONSTRUCT DAM AT UPSTREAM AND DOWNSTREAM ENDS OF PIPE
USING ABC STONE.
2. USE WATER PUMP TO DIVERT WATER FROM UPSTREAM TO
DOWNSTREAM.
3. SILT FENCE WILL BE INSTALLED AS NEEDED.
4. PUMP WATER OUT OF EXCAVATION AREA INTO SILT BAG AND
BEGIN EXCAVATING AREA FOR NEW PIPE.
5. INSTALL NEW PIPE, BACKFILL, STABILIZE BANKS WITH RIPRAP AS
NEEDED.
6. SEED AND MULCH AREAS NECESSARY.
NOTE: THE PIPE WILL BE BURIED 1' BELOW STREAMBED
PREPARED BY z::: G, DATE
B GE T3 III '
APPROVAL f)l DATE 3 -17 .ON
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Name: PLEASANT GARDEN Location: 035° 58'36.8" N 079e 50'34.2" W
Date: 5/12/2004 Caption: Drake Road (SR 1137)
Scale: 1 inch equals 2000 feet Guilford County
111
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9 Michael F. Easley, Governor
o William G. Ross Jr., Secretary
North Carolina De
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Alan W. Klimek, P.E. Director
Division of Water Quality
p ^? Coleen H. Sullins, Deputy Director
Division of Water Quality
May 24, 2004
Guilford County
DWQ Project No. 04-0834
SR 1137 (Drake Rd)
APPROVAL of 401 Water Quality Certification
WETLANDS/401 GROUP
Mr. J.M. Mills, P.E.
Division Engineer, Division 7
North Carolina Department of Transportation
PO Box 14996
Greensboro, North Carolina, 27415
Dear Mr. Mills:
JUN 0 3 2004
WATER 'QUALITY SECTION
You have our approval, in accordance with the attached conditions and those listed below, to impact 36
linear feet of an unnamed tributary to Hickory Creek (16 feet of new pipe and 20 feet of rip-rap) in order
to replace and undersized pipe and maintain traffic safety on SR 1137 in Guilford County. The project
shall be constructed in accordance with your application dated May 11, 2004 (received May 14, 2004).
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Nos. 3376 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit
Numbers 3 and 33. 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.
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. 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.
N. C. Division of Water Quality 4 650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
M
Mr. J.M. Mills, PE
May 24, 2004
DWQ# 04-0834
Page 2
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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
4. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
5. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means
appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed
directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may
be utilized for stormwater sheet flow.
6. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to
or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in
diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream
bottom material to become established in the culvert following installation and to provide aquatic life
passage during periods of low flow. These measurements must be based on natural thalweg depths.
This may require increasing the size of the culvert to meet flow conveyance requirements. If any of
the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless
demonstrated that this is topographically unfeasible. All waters must flow through without freefalling
or damming on either end of the culverts during low flow conditions, to maintain aquatic life and/or
fish passage.
7. The dimension, pattern and profile of the stream above and below the crossing should not be modified
by widening the stream channel or reducing the depth of the stream.
8. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
9. 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.
10. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water.
This will lessen the chance of altering the stream's water chemistry and causing a fish kill.
11. 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.
12. 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.
13. The presence of equipment in the channels must be minimized. Under no circumstances must rock,
sand or other materials be dredged from the wetted stream channel under authorization of this permit,
except in the immediate vicinity of the culverts.
14. Temporary dewatering sites must be restored to preexisting conditions unless more natural
geomorphic conditions can be provided.
15. All work shall be performed during low flow conditions.
V+t
0
PW Mr. J.M. Mills, PE
May 24, 2004
DWQ# 04-0834
Page 3
16. 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 Sue Homewood at 336-771-4600 extension 252 or
Sue.Homewood@ncmail.net.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
John Thomas, USACE Raleigh Field Office
Jerry Parker, Division 7, DEO
Wcdands/401 Unit
Winston Salem Regional Office
Central Files
Mr. J.M. Mills, PE
May 24, 2004
DWQ# 04-0834
Page 4
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Registration No.
,R
Date