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HomeMy WebLinkAbout20040551 Ver 1_Complete File_20040413 F WATF Michael F. Easley, Governor O 9 0? pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ 0) . Alan W. Klimek, P.E. Director 7 r- Division of Water Quality O 'C April 14, 2004 Stanly County DWQ Project No. 040551 Proposed replacement of cross pipe located on SR 1209 (Lewis Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Benton G. Payne, P.E., Division Engineer NCDOT Division 10 716 West Main Street Albemarle, North Carolina 28001 Dear Mr. Payne: You have our approval, in accordance with the attached conditions and those listed below, to impact 20 linear feet of an unnamed tributary to Pole Bridge Creek for the purpose of replacing a cross pipe on SR 1209 (Lewis Road) in Stanly County. The project shall be constructed in accordance with your application dated April 1, 2004 (received April 6, 2004). 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. 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 only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us in writing, and you may be required to send us 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Construction shall be performed so that no violations of state water quality standards, statutes, or rules occur. ¦ 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 water quality standards. ¦ The erosion and sediment control measures for this project must equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. These 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 projects included under this Certification. ¦ If this project requires borrow pit sites, the erosion and sediment control measures must equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the North Carolina Surface Mining Manual. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/ Mr. Benton Payne, P.E. DWQ 040551 April 14, 2004 ¦ Any reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. 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 30 days after the Division of Land Resources has released the project. 3. NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this Certification, or any modification to this Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it is a direct impact from road construction activities. 4. NCDOT is encouraged to use onsite vegetation and materials for streambank stabilization when practicable. 5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 6. 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. 7. Where fish passage is present or where significant aquatic life may be present upstream (and where practicable), culverts should be oversized and buried to prevent perched culverts. If oversized piping cannot restore aquatic life passage by reconnecting the stream ecosystem, riprap installation should be accomplished in a manner to provide or restore water channels downstream to help facilitate aquatic life movement. 8. 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. 9. 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 stream depth. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 10. Any riprap used must not interfere with aquatic life passage during low flow conditions. 11. 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. 12. 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. 13. 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. 14. 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. Mr. Benton Payne, P.E. DWQ 040551 April 14, 2004 15. All work shall be performed during low flow conditions. 16. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ 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 NC Division of Water Quality upon completion of the project NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. 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 Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Michael Parker of the Mooresville Regional Office at 704.663.1699. Si Y, Alan W. Klimek, P.E. Attachment Pc: Wilmington District Corps of Engineers Steve Lund, USACE Asheville Field Office NCDWQ Mooresville Regional Office Central Files File Copy s t. 4,, 405 51 AfM ?SSY E OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR DIVISION OF HIGHWAYS W. LYNDO TIPPETT SECRETARY April 1, 2004 U. S. Army Corps of Engineers Asheville Regulatory Office Attn: Mr. Steve Lund, MS, PWS 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 WETLANDS/ 401 GROUP APR 0 6 7004 FILE COPYWATER QUALITY SECTION Subject: Stanly County, Proposed Replacement of Cross Pipe located on SR 1209 (Lewis Road). Dear Mr. Lund: The North Carolina Department of Transportation (NCDOT) proposes to replace an existing cross pipe on SR 1209 (Lewis Road) in Stanly County. The purpose of this letter is to request authorization from the U. S. Army Corps of Engineers to construct the project under a Section 404 Nationwide 14 and 33 permit authorization. The existing 42" x 60' corrugated metal pipe will be replaced with a 77" x 55" x 60' corrugated metal pipe (arched). Traffic will be maintained using an off-site detour. The project area has been reviewed for the presence of listed threatened and endangered species and described in a Minimum Criteria Checklist. It has been determined that the construction of this project is not likely to adversely effect any listed species. There are no wetlands present in the vicinity of the project, although impacts to surface waters will occur. There will be 10 linear feet of permanent stream channel loss and approximately 30 linear feet of temporary impacts associated with this pipe replacement. This is an unnamed tributary of Pole Bridge Creek, Yadkin River Basin, Hydrologic Unit 03040105. A permit drawing and pre- construction notification form are attached to this letter. The NCDOT anticipates that this permit application will be authorized under a Section 404 Nationwide 14 and 33. We are also hereby requesting 401 Water Quality Certifications, GC 3404 and GC 3366, from the Division of Water Quality. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. 716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 • Fax (704) 982-3146 N '.1i Thank you for your assistance with this project. If you have any questions or need any additional information concerning this project, please contact Mr. Larry Thompson, Division Environmental Officer, at (704) 982-0101. Sincerely, zeti_?v?- Benton G. Payne, 7.E Division Engineer LBTBGP Enclosures cc: Mr. John Domey, NCDWQ Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Mr. Garland Haywood, BME Mr. Larry Thompson, DEO Area Field Operations Unit SR 1209 (Lewis Road) Stanly County Office Use Only' 040551 Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 and 33 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 (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: N C Department of Transportation Mailing Address: 716 West Main Street Albemarle NC 28001 Telephone Number: (704) 982-0101 E-mail Address: 2. Agent 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: Benton G Pane P E Company Affiliation: Division Engineer Mailing Address: 716 W. Main Street Albemarle NC 28001 Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146 E-mail Address: bpayne e dot state nc us Fax Number: (704) 982-3146 Pagel of 9 SR 1209 (Lewis Road) Stanly County 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: SR 1206 Lewis Rd 2. T.I.P. Project Number (NCDOT Only): Property Identification Number (Tax PIN): N/A 4. Location County: Stanly County Nearest Town: Locust Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Locust travel north on NC 200 approximately 1.82 miles and turn right onto SR 1206 (Mission Church Road). Travel approximately 1.5 miles to SR 1206 (Five Points Road) turn left and travel approximately 0.5 miles to SR 120$ (Barrier Store Rd). Turn left onto SR 1208 travel 0.5 miles to SR 1209 (Lewis Road) and turn right. Pipe crossing is approximately 300 feet ahead. 5. Site coordinates, if available (UTM or Lat/Long): 80° 20' 10.60" N/80° 24' 11.51" W (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. Describe the existing land use or condition of the site at the time of this application: There is a residence located to the left of the project and a large field to the right. 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Pole Bridge Creek 9. River Basin: Yadkin (Hydrologic Unit 03040105) Page 2 of 9 SR 1209 (Lewis Road) Stanly County (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/Wo.enr.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: Replacing an existing 42" x 60' CMP with a 77" x 55" x 60' CMPA 11. List the type of equipment to be used to construct the project: Boom Truck, Trackhoe & Motor Grader 12. Describe the land use in the vicinity of this project: Mixed use - residential and agricultural. 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 butler 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. Project area was converted from a gravel base to a paved road in 2002. 404 and 401 certifications were obtained at that time USACE Action ID 200131083, DWQ Project No. 01- 1152. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No 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 Page 3 of 9 SR 1209 (Lewis Road) Stanly County included at the applicant's discretion. If this proposed impact is strictly for wetland or stream 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. Wetland Impacts 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 feet Type of Wetland*** N/A N/A N/A N/A N/A N/A ' List each impact separately and identify temporary impacts. Impacts include, but are not umned to: mechanized cteanng, grading, uu. excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. 100-Year floodplains 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 httt0www.fema.P_ov. List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond. Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) I Inlet Stabilization 10-FT. UT to Pole Bridge Creek Approx. 4-Ft. Intermittent 2 Outlet Stabilization 10-FT. UT to Pole Bridge Creek Approx. 4-Ft. Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), 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.us0.9-0 . Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Page 4 of 9 SR 1209 (Lewis Road) Stanly County Cumulative impacts (linear distance in feet) to all streams on site: 20 feet permanent, 30 feet te=orary -- 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. 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 N/A N/A N/A N/A ' List each impact separately and identity temporary impacts. Impacts mciuae, but are not umitea to: till, exwvauon, urcu in& flooding, drainage, bulkheads, etc. 4. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A 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. All wetlands or surface waters not impacted by the project will be protected from unnecessary encroachment No staging, of construction equipment will be allowed in or near wetlands or streams Strict enforcement of the sedimentation and erosion control Best MananQement Practices for the protection of wetlands and surface waters will be enforced during all phases of project construction - -- Page 5 of 9 SR 1209 (Lewis Road) Stanly County 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. 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:/ih2o.enr.state.nc.us/ncwetlands/strmp-ide.html. 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. No mitigation is proposed for this project Page 6 of 9 SR 1209 (Lewis Road) Stanly County 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http•//h2o.enr.state.ne.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) 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 ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No ® If you answered "yes", provide the following information: Page 7 of 9 SR 1209 (Lewis Road) Stanly County 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 l 3 2 1.5 Total " Lone 1 extends out SU Ieet perpenaicular from neat' oanK o1 cnummi-I 1-011C Y. UALCHUZ. all additional 20 feet from the edge of Zone 1. 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. N/A XI. Stormwater (DWQ Only) 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. All appropriate Best Management Practices for sediment and erosion control will be implemented during pipe replacement activities. There will be not be a net increase in storm water runoff as a result of this project being constructed - impervious area alone the roadway will remain the same. XH. Sewage Disposal (DWQ Only) 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. N/A Page 8 of 9 SR 1209 (Lewis Road) Stanly County XM. Violations (DWQ Only) 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). 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'PO SL Marth \p Os IC" O C 8 RBEE` (7POPE p Op o ? SR 1209 (Lewis Road) Stanly KCB r KCB Val-- _ ??^ `? r CO 1r?1 f' n? 'KCB r i hBy d ?4 OIIk i i1 ? y w?..+r r GOC 1'2 0a, JfOcB or c rl + r •? 1 /'r 1 f J a r } rf ?l y ? ?" r w Feet 0 245 490 980 1,470 1,960 Legend Q permit site Repred by: Nath ['vdhu D".ftwnl dTreroprfletlrn EnAr-mmlel UK DIAdrn 10 Dde: AprE 1. 2004 TWI wp Ir Idt.ded fur Wn u.l DOT u1e ?. FQ dl thff Info, M """U" d -Y Indedlnp err-Y, Dtnn1, a m dent-bl ty eaaopefry Ud. predllfl. North Carolina Department Typical Plan and Elevation of Pi Crown of Roadway to Creek Bed -? of T pe Insi ortation Permits Crown Rap Typical End Elevation Elevation I Line of Corragated Metal Pipe Arched, 73"x 55"x 60' With Class I,or II Rip Rap Slope Protection on Inlet and Outlet end No Rip Rap Will Be Placed Into The Stream. ??26, Roadway I 20-FT. !r. Class II Rip Rap Typical Plan View With Class I or II Rip Rap nn TnlPt and OiAlPt Pnd I or Class II Rip Rap Overall Length of Pipe ?a ?r1At? b L,? U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT DIVISION TES! Action Id. 200131083 County: Stanly_ GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: North Carolina Department of Transportation, Division 10 Address: Attn: Benton G. Payne, Division Engineer, 716 West Main Street, Albemarle, North Carolina 28001 Telephone No.: (704) 982-0101 Size and Location of project (water body, road name/number, town, etc.): 0.7 miles of SR 1209 (Lewis Road) from SR 1208 (Barrier Store Road) to the Cabarrus County Line crossing 3 unnamed tributaries to Pole Bridge Creek west of Albemarle Description of Activity: Grade, widen and pave approximately 0.7 miles of SR 1209 and extend three existing culverts for a total additional impact of 70 linear feet of stream channel. Construct temporary cofferdams for the purpose of dewatering construction areas. SPECIAL CONDITION: All conditions of the attached NC Wildlife Resources Commission letter of August 30, 2001 are hereby incorporated as special conditions of this permit. Applicable Law: (check all that apply) Authorization: Regional General Permit Number. 14/33 Nationwide Permit Numbers. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date October 19, 2001 Corps Regulatory Official Steven Lund Telephone No. (828) 271-7980 Expiration Date of Verification February 11, 2003 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. X Section 404 (Clean Water Act, 33 U.S.C.1344). Section 10 (River and Harbor Act of 1899). CESAW Form '91 Revised July 1995 Side of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 29, 2001 Stanley County DWQ Project No. 01-1152 SR 1209 Lewis Road APPROVAL OF 401 Water Quality Certification Mr. Benton G. Payne, P.E. Division Engineer North Carolina Department of Transportation 716 West Main Street Albemarle, NC 28001 Dear Mr. Payne: You have our approval in ac-cordance with the attached conditions, to place fill material in the unnamed tributary to Pole Bridge Creek, at sites S1, S2, and S3 for the purpose of paving the existing roadway SR 1209, in Stanley County. The project should be constructed in accordance with your application dated 27 July 2001 (received 31 July 2001). After reviewing your application, we have decided that these activities are covered by General Water Quality Certification Numbers 3289 and 3114. These certification correspond to the Nationwide Permit Numbers 14 and 33 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 when the accompanying 404 permit expires unless otherwise specified in the General 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 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 2H .0506 (h) (6) and (7). ). This approval shall expire with the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 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. Wedands/401 Unit 1650 Mail Service Center Ralcigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper f- 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 Cynthia Van Der Wiele at 919-733-5715, or Pete Colwell in the Mooresville Regional Office at 704-663-6040. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File Copy Central Files Sincer ly, go . Thorpe, tin D ector 01-1152 imap://rob.ridings%40dwq.denr.ncmail.net@cros.ncmail.net:143/fet... Subject: WBS Element for SR 1209 (Stanly County) From: Larry Thompson <LThompson @dot. state.nc.us> Date: Tue, 13 Apr 2004 09:40:22 -0400 To: rob.ridings@ncmail.net P4I/ End CC: "Benton G. Payne" <bpayne@dot.state. nc.us> T RECEIVED Hi Rob, The WBS element for the pipe replacement project on SR 1209 in Stanly County is 10B.208411. Please let me know if you need any additional information... Regards, Larry Thompson Division Environmental Officer 704-982-0101 ext. 235 Subject: SR1209, Stanly Co. Date: Thu, 08 Apr 2004 14:21:38 -0400 From: Rob Ridings <rob.ridings@ncmail.net> Organization: NC DENR DWQ To: bpayne@dot.state.nc.us Benton, We have received the 401 application PCN for SR 1209 in Stanly County for NW 14/33 approval. The cover letter had no work order number for me to charge the 401 application fee to. Could you get me that Work Order number so that we can continue processing of this application? Thank you very much, Rob Ridings, DWQ Wetlands/401 Unit 733-9817 01105-51 1 of 1 4/13/2004 11:19 AM