HomeMy WebLinkAbout19990033 Ver 1_Complete File_19990114State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 4, 1999
Catawba County
WQC 401 Project # 990033
APPROVAL of 401 Water Quality Certification
Mr. Daniel Holderman
1296 Prison Camp Road
Newton, NC 28658
Dear Mr. Holderman:
You have our approval, in accordance with the attached conditions, for the purpose of bridge maintenance, as you
described in your application dated January 14, 1999. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3127. This Certification allows you to use Nationwide Permit
Number 3 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification.
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 Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Since y, IV
res on Howard, Jr. P.E.
990033.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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STATt o
fit` I 1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT )R.
GCIVERNC)fi
January 8, 1999
1296 Prison Camp Road
Newton, N. C. 28658
Mr. Robert Johnson, Office Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, N. C. 28801-5006
Dear Mr. Johnson:
A 14W9
WETLANDS GROUP -
WATER QUALITY SECR
E. NoRws TOESON
SECRETARY
The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following
project for your issuance of a Section 404 permit. The project involves a designated mountain county in
Western North Carolina and we believe this project can be accomplished under Nationwide Permit #3,
Maintenance.
COUNTY: Catawba, Project #5.7951
LOCATION: SR 1821
STREAM: Ball's Creek
DESCRIPTION: Replace existing 50' long, 20' wide timber and steel bridge with new
100' long, 30' wide concrete bridge. No troutwaters, HQW, nor
wetlands involved. Less than 200 CY of riprap below normal
highwater. Murray's Mill National Historical Site approximately
2000' downstream.
With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission.
We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction and every effort will
be made to complete work in a timely manner.
Our personnel are available to assist with your evaluation of this project, if necessary. Should you
have any questions, please call me at 828-466-5525.
Sincerely,
Attachment:
cc - Mr. Joe Mickey, WRC
File
Daniel D. Holderman
Bridge Maintenance Supt.
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #
PRE-CONSTRUCTION NOTIFICATIONS APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS.OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND ( 1 ) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET), SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
2. MAILING ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
PROJECT LOCATION ADDRESS,( INCLUDING SUBDIVISION NAME) -
BRIDGE #153, CATAWBA COUNTY, SR 1821 AT BALL'S CREEK
3. TELEPHONE NUMBER (HOME)
IWORK) 828466-5525
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS,
AND PHONE NO. #.
DANIEL D. HOLDERMAN
BRIDGE MAINTENANCE SUPERINTENDENT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: CATAWBA NEAREST TOWN OR CITY: CATAWBA
SPECIFIC LOCATION, (INCLUDING ROAD NUMBERS, NAMES, LANDMARKS, ETC.
BRIDGE #153 CATAWBA COUNTY, SR 1821 AT BALL'S CREEK
6. IMPACTED OR NEAREST STREAM / RIVER: BALL'S CREEK
RIVER BASIN: CATAWBA RIVER
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7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW). WATER
SUPPLY (WS-I OR WS-II ) ? YES ( ) NO (X ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ( ) NO (X)
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO (X) IF YES„ PROVIDE ACTION I.D. NUMBER OF THE
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE.
YES ( ) NO (X) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.25 ACRES
(NCDOT RIGHT-OF-WAY)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NONE
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: N/A
FILLING: EXCAVATION :
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED),
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): NO CHANGE
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (BASED ON NORMAL HIGH WATER CONTOURS FT.
WIDTH AFTER: FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT,
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAMIFLOODING:
OTHERS: BRIDGE REPLACEMENT
-3-
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THJE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS : 8 ''/z: X 11" DRAWINGS ONLY:
REMOVAL OF EXISTING TIMBER AND STEEL BRIDGE AND REPLACEMENT WITH
NEW CONCRETE BRIDGE USING CRANES TO CONSTRUCT BRIDGE FROM STREAM-
BANKS AND USING TRACKHOES TO DO BANK RH'RAP WORK
13. PURPOSE OF PROPOSED WORK: REPLACE DETERIORATED AND STRUCTURALLY
DEFICIENT BRIDGE.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE AND MEASURES TAKEN TO MINIMIZE WETLAND)
N/A
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /
OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA
THAT MAY BE THE PROPOSED PROJECT. DATE CONTACTED : N/A
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES
IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: DECEMBER 10, 1998 - MURRAY'S MILL HISTORICAL SITE IS
2000 FT. DOWNSTREAM.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND? YES (X ) NO ( ) IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO (X)
b. IF YES. HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE. YES ( ) NO (
IF ANSWER TO 17b IS YES. THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARING HOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003 - TELEPHONE NO. 919-733-6369
-4-
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITIES INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18,
21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1" = 50'
OR I"= 100' OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY.
f. IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE : WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO :
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY) A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S / AGENT'S SIGNATURE DATE
AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.)
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