HomeMy WebLinkAbout20081504 Ver 1_Approval Letter_20081007
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PG Michael F Easley, Governor
William G Ross Jr, Secretary
r North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
October 7, 2008
Rowan County
DWQ Project No 08-1504
Fisher Road (SR 2320)
APPROVAL of 401 Water Quality Certification
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 Fisher Road
• 5 linear feet of new piping impacts to an unnamed tnbutary to the Second Creek (4 feet of new pipe and 1 foot of
rip rap), and
• Temporary dewatering impacts
The project shall be constructed in accordance with your application dated September 22, 2008 After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Nos 3704,
corresponding to the U S Army Corps of Engineers Nationwide Permit Numbers 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 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
2 The Permitted shall ensure that'the final design drawings adhere to the certification and to the drawings submitted
for approval
3 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
North Carolina Division of Water Quality 585 Waughtown Street
Internet h2o enr state nc us Winston-Salem, NC 27107
N `
o Carolina
Ntura!!y
Phone (336) 771-4600 Customer Service
FAX (336) 771-4630 1-877-623-6748
An Equal OpportundylAlfirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr Pat Ivey, P E
October 7, 2008
DWQ# 08-1504
Page 2
used for stabilization above high water Any np-rap used must not interfere with aquatic life passage during low
flow conditions
4 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
5 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
6 No rock, sand, or other materials shall be dredged from the stream channel except where authorized by this
certification
7 Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided
8 All work shall be performed during low flow conditions
9 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
10 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
11 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
Sincerely,
Coleen H Sullins, Director
Division of Water Quality
cc John Thomas, USACE Raleigh Field Office
Kent Boyer, Division 9, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office