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HomeMy WebLinkAbout20080309 Ver 1_Approval Letter_20080303F W A r~ O~Q 9QG Michael F. Easley, Governor ~ ~, William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources >_ ti Q `~ Coleen Sullins, Director Division of Water Quality March 3, 2008 Surry County DWQ Project No. 08-0309 Noah Hayes Road (SR 1301) APPROVAL of 401 Water Quality Certification Mr. Mike Pettyjohn, P.E. Division Engineer, Division 11 North Carolina Department of Transportation PO Box 250 North Wilkesboro, NC 28659 Dear Mr. Pettyjohn: You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts for a pipe replacement on Noah Hayes Road. • 28 linear feet of new piping impacts to Unnamed Tributary to the Mitchell River (18 feet of new pipe and 10 feet of rip rap); • 38 linear feet of new piping impacts to Unnamed Tributary #2 to the Mitchell River (18 feet of new pipe and 20 feet of rip rap); and • Temporary dewatering impacts. The project shall be constructed in accordance with your application dated February 7, 2008 and adjustments made via email on February 22, 2008. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. 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 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. The Permitted shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 2. 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 abo~~e high water. Any rip-rap used must not interfere with aquatic life passage during low flow conditions. 3. 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. Nose Carolina atura!!y North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-4600 Customer Service Internet h2o.enrstate.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. Mike Pettyjohn, P.E. March 3, 2008 DWQ# 08-0309 Page 2 4. 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. 5. No rock, sand, or other materials shall be dredged from the stream channel except where authorized by this certification. 6. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 7. All work shall be performed during low flow conditions. 8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours. 10. 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 Amy Euliss at 336-771-4959 or at amy.euliss@ncmail.net. Sincere , .~;,'~-- Coleen H. Sullins, Director ./Division of Water Quality Attachment cc: Monte Matthews, USACE Raleigh Field Office Heath Slaughter, Division B;~Division Environmental Officer DWQ Wetlands/401 Transportation Unit DWQ Winston Salem Regional Office DWQ Central Files