HomeMy WebLinkAbout20041851 Ver 1_Approval Letter_20050124Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 24, 2005
Ashe County
DWQ Project No. 04-1851 Correction
SR 1603A (Cranberry Creek Rd)
APPROVAL of 401 Water Quality Certification
Mr. Mike Pettyjohn, P.E.
Division Engineer, Division 11
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
U ~~~a v
D
JAN 2 7 2005
DENR - WA
~TLMIDS ANp
You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts
in order to pave, widen and improve traffic safety on SR 1603A (Cranberry Creek Rd) in Ashe County.
• 240 linear feet of new piping impacts to seven unnamed tributaries to Cranberry Creek (160 feet of new pipe and 80
feet ofrip-rap);
0.0991 of wetland impacts (cut and fill);
and temporary dewatering impacts of approximately 0.008 acres at station 26+45.
The project shall be constructed in accordance with your application dated November 9, 2004 (received November 17,
2004). This approval letter shall void the approval letter previously issued to NCDOT on January 18, 2005. 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 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. Instream work and land disturbance within the 25 foot wide buffer zone are prohibited during the brown and
brook trout spawning season of October 15 through April 15 to the egg and fry stages of trout from off-site
sedimentation during construction.
2. Cranberry Creek and its tributaries are classified as Trout waters. NCDOT shall strictly adhere to the Best
Management Practices for the Protection of Surface Waters (NCDOT August 2003) and Sedimentation and
Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)] throughout design and
construction of the project.
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107
No°e hCarolina
,11~atcrra!!y
Phone (336) 771-4600 Customer Service
FAX (336)771-4630 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Mike Pettyjohn, P.E.
January 24, 2005
DWQ# 04-1851 Correction
Page 2
3. 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, gperation, and maintenance of the sediment and erosion control measures must be
such-that, t~ey';equa}, 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, anc~ wastae pil~t(s}~oil) projects, including contractor-owned or leased borrow pits associated with the
project. `~'
c. For borrow ~pit~,si.~~s, the• erosion and sediment control measures must be designed, installed, operated, and
mairt~i~d ~~ccof~d~ance 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.
4. 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.
5. 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 completion of the project.
6. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
7. 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 maybe utilized for stormwater sheet flow.
8. 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.
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 depth of the stream.
10. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
11. 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.
12. 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.
13. 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.
Mr. Mike Pettyjohn, P.E.
-1 January 24, 2005
DWQ# 04-1851 Correction
Page 3
14. 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.
15. 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.
16. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
17. All work shall be performed during low flow conditions.
18. 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 287 or at Sue.Homewood@ncmail.net.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
John Thomas, USACE Raleigh Field Office
Heath Slaughter, Division 11, Division Environmental Officer
Wetlands/401 Unit
Winston Salem Regional Office
Central Files