19950616 Ver 1_Complete File_19950515

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick
Planning and Environmental Branch
NC DOT
P. 0. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. Vick:
NTWA
[D F= F=1
June 29, 1995
Stokes County
DEM Project # 95616
TIP Nos. B-2635 & B-2634
State Project Nos.
8.16405501 & 8.1640401
COE # 199500116
You have our approval for your subsurface investigations for the replacemnt of Bridge No. 47
and Bridge No. 31 on US 311 at the Dan River, as you described in your application dated 4 May
1995. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2725 and 2734. 'Khese certifications allow you to use Nationwide Permit
Numbers 6 and 23 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sinc ly, ?
reston oward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dotney
Central Files 95616.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH. N.G 27611-5201

X01' 15 i-C95

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R. SAMUEL HUNT Ill
SECRETARY
May 4, 1995
District Engineer
U. S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Sir:
SUBJECT: Stokes County, subsurface investigations for the replacement of
Bridge No. 47 and Bridge No. 31 on US 311 at the Dan River.
T.I.P. Nos. B-2635 and B-2634, State Projects 8.1640501 and
8.1640401. COE Action ID No. 199500116.
The N. C. Department of Transportation (NCDOT) proposes to replace the
existing bridges on US 311 over the Dan River. (Bridge No. 47) and the Dan
River overflow (Bridge No. 31). The Categorical Exclusion document for these
bridge replacements was distributed on October 4, 1994. The projects were °
reviewed by the N. C. Wildlife Resources Commission (comments dated November
2, 1994), and 404 authorization was granted by your agency on October 21,
1994.
It is apparent that our request did not state all of our requirements.
The Categorical Exclusion document mentioned on page 2 that:
"Foundation investigations will be conducted on this project. The
investigations will include test borings in soil and/or rock for
in-site testing as well as obtaining samples for laboratory testing."
The NCDOT's request to you on October 4, 1994 did not specify that Nationwide
6 authorization was needed for this project in addition to Nationwide 23.
Consequently, the WRC review and your action of October 21, 1994 only covered
Nationwide 23.
Please review the project for authorization under Nationwide 6, as a
modification to the authorization already granted. It is anticipated that
comments from the WRC will be required prior to authorization by the Corps of
Engineers. By copy of this letter, NCDOT hereby requests that IvIRC review
their project plans. NCDOT requests that WRC forward their comments to the
Corps of Engineers.

May 4, 1995
Page 2
We anticipate that 401 General Water Quality Certification No. 2745
(Categorical Exclusion) will still apply to this project, and are providing a
copy of this information to the North Carolina Department of Environment,
Health and Natural Resources, Division of Environmental Management, for their
review.
If you have any questions or need any additional information, please
contact Mr. Gordon Cashin at [phone] extension 315.
Sincer ly,
?' ./tom
H. ranklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/rfm
cc: Mr. John Thomas, COE, Raleigh
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Mrs. Stephanie Gourdreau, NCWRC, Marion
Mr. Kelly Barger, P. E., Program Development Branch
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, P. E., State Roadway Design Engineer
Mr. D. B. Waters, Division 9 Engineer
Mr. John L. Smith, Jr., Structure Design Unit

NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
US 311
BRIDGE NOS. 31 AND 47 OVER
DAN RIVER OVERFLOW AND DAN RIVER
STOKES COUNTY
T.1. P. NOS. B - 2634 AND B - 2635
0 kilometers 3
FIG. 1
GE
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
``?•r'' ? OCT 2 4 1994
IN REPLY REFER TO October 21, 1994 Z
2 DIVISIC,IOF Q
Regulatory Branch HIGHWAYS
Action ID No. 199500116 and Nationwide Permit No. 23 (Approved Cat F ? \
Exclusions)
Mr. Franklin Vick, P.E,. Manager
North Carolina Department
of Transportation
Division of Highways
Planning and Environmental Branch
Post Office Box 25201
Raleigh. North Carolina 27611-5201 .
Dear Mr. Vick:
Reference is made to your letter of October 4, 1994, concerning the
discharge of fill material into the Dan River"in association with replacement
of Bridges No. 31 and No. 47 with new bridges on the existing sites located on
U.S. 311 (State Pro]ect Number 8.1640401 & 3.164502., T.I.P. No,_B_263 4? B
263AL, east of Walnut Cove, Stokes_?County, North Carolina. In that letter you
informed us that you intend to proceed under Nationwide Permit authorization
in accordance with 33 CFR 330 Appendix A (B-23) issued November 23, 1991.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for activities undertaken, assisted, v
authorized, regulated, funded or financed, in whole or in part, by another
Federal agency or department where that agency or department has determined,
pursuant to the CEQ Regulation for the Implementing the Procedural Provisions
of the National Environmental Policy Act, that the activity, work or discharge
is categorically excluded from environmental documentation because it is
included within a category of actions which neither individually nor
cumulatively have a significant effect on the human environment, and the
office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
We concur with your determination that the proposal can be processed as a
"Categorical Exclusion," and that the work is authorized by the above
nationwide permit provided it is accomplished in strict accordance with the
enclosed conditions. This nationwide permit does not relieve you of the
responsibility to obtain any required State or local approval. You should
contact Mr. John Dorney of the North Carolina Division of Environmental
Management at [phone] regarding a State Water Quality certification.
-2-
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terns and
conditions of the nationwide permit, activities which have commenced or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
months of the date of the nationwide perjnit's expiration, modification or
revocation. '
Mr. john Thc;:as the point of contact for processing of Department of
the Army permits for Davidson County. Should you have questions, please
contact Mr. Thomas, Raleigh Regulatory Field Office, at telephone (919) 876-
8441.
Sincerely,
e Wri
hie , Regulatory Branch
Enclosure
Copies Furnished (without enclosure) :
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
GENER.:?L CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or f ill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures crust-be taken to min,-size soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corns.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. T_nfo=ation on Wild and Scenic 3:vers
may be-obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may i.•npair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Cartification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be, affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CL7-GCriCN
-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic-Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may af-:-:ect any historic properties listed,
determined to'be eligible, or which the prospective permLttee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall.-not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is luthorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
14. Shellfish Production. No discharge of dredged or fi11 material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit. '
v
15. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free frcm toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
-3-
19. Adverso Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided,to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporXry fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
W
STATE CONSISTENCY CONDITIONS
a. If the proposed activity is within or has a potential to significantly
affect any land or water use or natural resource of the North Carolina coastal
area, a consistency determination pursuant to 15 CFR 930, Subpart C may be
required.
b. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Cc=issicn, a Coastal Area Management Act (Cau.A) permit is required
from the North Carolina Division of Coastal Management (NCDC:S). Should an
activity within or potentially affecting an AEC be proposed by•a Federal
agency, a cons istency•determination pursuant to 15 C:R 930 must be provided to
the NCDCM at least-90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. Use of this nationwide permit requires written notice to the North
Carolina Division of Environmental Managment (NCDEa). Written concurrence
from the NCDEH is not required provided that: there is compliance with all
conditions of this general certification.
b. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in.
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management (NCDEM); 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
c. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
c17-23
G?NERAL CERTI^ICATION ?OR PROJECTS ELIG=3LE
OR CORPS Or ENGINEERS NATIQZT 1IDE PERM T NU -!BER 23 (CATE-
GOR=CAL EXCLUSIONS)
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
Ur,ited States and subject to the North Carolina Division of Envi-
ronmental Management Regulations in 15A NC_AC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to waters and wetland areas as described in 33 CFR 330
Appendix. (B) (23). This certification replaces Water Quality
Certification Number 2670 issued on Januarv 21, 1992.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:,
1. Proposed =-11 or substan- -al modification of waters or
wetlands for this General Certification requires written
notification to the Division of Environmental Management
of the extent o= i moact to waters anal wetlands;
2. That established sediment and erosion control practices
are utilized to prevent violations of the anioroor? ate
turbi d'tv water quality standard (50 NTUs in st=eams and
rivers not designated as trout by DEM; 25 NTUs in all
Saltwater classes, and all lakes and reservoirs; and 10
NTUs in trout waters);
3. That additional site-specific conditions may be added to
projects proposed under this Certi=ication in order to
ensure compliance with all applicable water quality and
effluent standards;
a, Tf the"project is not completed within three years
from-the date of the first notification to DEM, then the
applicant will again need to notify DEM.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project.
The Director of the North Carolina Division of Environmental
Management may require submission of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications - or
group of applications prior to a Certification decision if deemed
in the _ pub_ ic s best interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the 1st day of May, 19012.
DIVISION OF ENVIRONMENTAL MANAGEMENT
r
BY ?b 1 ? 1
George T.,-4erett, Director
gencert.23a
jrd/gc
WQC T2734
IV
.1

?i
NJ North Carolina Wildlife Resources Conurdssion 92
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army Corps of Engineers
FROM: Stephanie.E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: November 2, 1994
SUBJECT: Review of an application by NCDOT to replace Bridge X31
and T47 on US.311 over Dan River Overflow and Dan
River, Stokes County, TIP Nos. B-2634 and B-2635.
The North Carolina Department of Transportation (NCDOT) is
requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. The NCWRC has reviewed
information provided-by the applicant, and field biologists on
our staff are familiar with habitat values of the project area.
These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
Based on the information provided by the applicant and our
information cn-the.range.cf trout in the project area, we do not
believe this project will cause significant effects to waters
supporting trout. Therefore, we do not object to the project as
proposed.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Joe Mickey, District 7 Fisheries Biologist
-Mr. B. J. O'Quinn, NCDOT