20100243 Ver 1_Approval Letter_20100330

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colson H. Sullins
Governor Director
Dee Freeman
Secretary
iVlarch 30, 2010
Stokes County
NCDWQ Project No. 20100243
SR 2019
State Project No. 913.208511
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Pat Ivey, P. E.
NCDQT, Division Engineer, Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127
Courier Box 13-12-04
Dear Mr. Ivey:
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of replacing a pipe and stabilizing the road shoulder on SR 2019 (Flat Shoals Road) in Stokes
County:
Stream Impacts in the Roanoke River Basin
Site Permanent Fill in Temporary Fill Total Stream Stream Impacts
Perennial Stream in Perennial Impact Requiring
(linear ft) Stream (linear ft) (linear ft) Mitigation (linear
ft
1 100 ft (bank 5 105 0
stabilization)
1 50 ft (channel 0 0 0
relocatiorl
100 5 105 0
Total
Total Stream Impact for Project: 100 linear feet.
*50 feet of channel relocation is within the 100 feet of rip rap for bank stabilization.
The project shall be constructed in accordance with your application dated received March 29, 2010.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 3678 and 3689. This certification corresponds to the Nationwide Permit 3
and Nationwide Permit 27 issued by the Corps of Engineers. 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.
Transportation Permitting Unit
1650 Mail service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:l1h2o.em.state.muslncwellandsl
N orthCarohna
Naturally
An Equal Oppodunily, t Affirmative Action Employer
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 NCD WQ and submit 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 the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of 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(s) and any
additional conditions listed below.
Condition(s) of Certification:
Proiect Specific Conditions
1. Rip rap is restricted to the area around the pipe inlet on the right side of the stream, and is allowed
on the left side at the pipe inlet and for a distance of 100 feet upstream on the left side of the
stream.
2. The permittee shall visually monitor the site to assess and ensure complete stabilization of the
relocated stream segments for 2 bankfull events or 1 year, which6ver is longer.
3. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-
construction meeting with all appropriate staff to ensure that the project supervisor and essential
staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWQ
staff shall be invited to the pre-construction meeting.
General Conditions
4. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
6. If bedrock is encountered during construction, pipe burial is not required. However, if bedrock is
not present; placement of culverts and other structures in waters, streams, and wetlands shall be
placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,
to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that
may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and
downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWQ.
7. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
9. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. 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 [phone].
Sincerely,
Coleen H. Sullins
Director
Cc: Kent Boyer, Division 9 Environmental Officer
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Ron Linville, NC Wildlife Resources Commission
.Wetlands/40 I-Transportation-Permitting U_nit-.
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