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HomeMy WebLinkAbout20080139 Ver 1_Approval Letter_20080214OF W aTF9 •~ Michae] F. Easley, Governor Q ~ ~ G ~ William G. Ross Jr., Secretary ~ ~ North Carolina Department of Environment and Natural Resources ~ ~ ~ -~ Coleen Sullins, Director Division of Water Quality February 14, 2008 Davie County DWQ Project No. 08-0139 Peter Hairston Road (SR 1812) APPROVAL of 401 Water Quality Certif cation Mr. Pat Ivey, P.E. Division Engineer, Division 9 North Carolina Department of Transportation 375 Silas Creek Parkway Winston Salem, 27127 Dear Mr. Ivey: You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts for a pipe replacement on Peter Hairston Road. • 361inear feet of new piping impacts to an unnamed tributary to the Yadkin River (26 feet of new pipe and 10 feet of rip rap); • Temporary dewatering impacts. The project shall be constructed in accordance with your application dated January 4, 2008, and additional plans received February 14, 2008. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3704 and 3688, 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 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 maybe 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. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre- construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWQ staff shall be invited to the pre-construction meeting. Noy` Carolina ~tura!!y North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-4600 Customer Service Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper ., Mr, pat Ivey, P.E. February 14, 2008 DWQ# 08-0139 Page 2 2. Due to the perched pipe conditions, DWQ will not require burial of the main pipe in the streambed. Instead the main pipe will be laid at grade to avoid future headcuts. Design and placement of the culvert and other structures shall be installed in such a manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions, including pattern and profile, are to be maintained above and below locations of the pipe. The structures shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the stream. The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by DWQ. 3. Since two pipes are required, they shall be designed to mimic natural stream cross section as closely as possible including one pipe at flood plain elevation. Widening the stream channel shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires maintenance and disrupts aquatic life passage. A floodplain bench shall be created at inlet and outlet of the storm flow pipe. In order to construct the floodplain bench, excavation of the land adjoining the adjacent pipe will be necessary. 4. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 5. 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. 6. 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. 7. 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. 8. No rock, sand, or other materials shall be dredged from the stream channel except where authorized by this certification. 9. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 10. All work shall be performed during low flow conditions. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours. 13. 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. Mr. Pat Ivey, P.E. February 14, 2008 DWQ# 08-0139 Page 3 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Amy Euliss at 336-771-4959 or at amy.euliss@ncmail.net. Sincerely, Coleen H. Sullins, Director Division of Water Quality Attachment cc: John Thomas, USACE Raleigh Field Office Kent Boyer, Division 9, Division Environmental Officer Phil Suggs, NCDOT Roadside Environmental Officer. Division 9 DWQ Wetlands/401 Transportation Unit DWQ Winston Salem Regional Office DWQ Central Files