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HomeMy WebLinkAbout20061142 Ver 1_Complete File_20061221OG O14411::? Y Mr. Barry Moose, P.E. NCDOT Division 10 716 West Main Street Albemarle, NC 28001 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources °I ? D ?@/C?Q ig °ED ??M/? ?D(Jfi qvj DFNR. 129 L9IypSANn S??MW,47sRQ Ch APPROVAL/MODIFICATION of 401 Water Quality Certification with Additional Conditions Dear Mr. Moose: Alan W. Klimek, P.E. Director Division of Water Quality December 21, 2006 DWQ# 06-1142 Union County You have our approval, in accordance with the attached conditions and those listed below, to permanently impact an additional 59 linear feet (If) of streams as listed in the table below: Location/Station Stream Name Length of Stream Impact Station 475+81 Unnamed tributary to Stewarts Creek 2 linear feet for culvert extension intermittent stream Station 487+80 Lick Branch (perennial stream) 57 linear feet (2 If for headwall extension and 55 If for riprap shoulder/bank stabilization The impacts will be for the purpose of widening the existing road by two (2) feet and stabilizing the shoulder as described in your modified application received by the Division of Water Quality (DWQ) on December 13, 2006. The location of the project is State Road (SR) 1501 (Secrest Shortcut Road) in Union County. This modification is being issued in addition to the original water quality certification dated August 11, 2006 and does not supersede the original certification. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design that you described in your application (unless modified below). Should your project change, you must notify the DWQ in writing and you may be required to 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 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 those listed below: Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of the streambed by one (1) 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 for low flow passage of water and aquatic life, as well as prevent headcutting of the streams. The design and placement of culverts and other structures including temporary erosion control measures 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 each culvert. The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ. North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet: h2o.enr.state.nc.us Mooresville, NC 28115 Phone(704)663-1699 Fax (704) 663-6040 NOne hCarol'na ?atural?y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Barry Moose Page 2 2. Any riprap placed for streambank stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. In addition, the riprap shall be properly embedded and of adequate size such that it is not carried downstream during storm events. 3. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation and reduce the introduction of other pollutants into the stream. 4. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 5. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can be provided. 6. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 7. 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 the 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. 8. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 9. 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. 10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on- site project manager. 13. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing season following completion of construction. 14. 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 30 days after the Division of Land Resources has released the project. 15. 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, operation, and maintenance of the sediment and erosion control measures must be such that they equal, 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, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. 1.. 's Mr. Barry Moose Page 3 The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 16. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this Certification, or any modification to this Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it is a direct impact from road construction activities. 17. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please include photographs upstream and downstream of the structure to document correct installation. 18. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Steve Lund, USACE Asheville Field Office Sonia Gregory, DWQ Wetlands Unit File Copy Mt STATE OF NORTH CAROLINA o I,, srokceq DEPARTMENT OF TRANSPORTATION FRS ,MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYND(f? IPPETT GOVERNOR SECRETARY November 3, 2006 Polly Lespinasse Dept. of Environment and Natural Resources DiN,ision of Water Quality 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Subject: Nlodification Request for Sectio€a 401 Permit (DWQ# 06-1142) NC Moving Ahead Project No. MA10121R (Section B) SR 1501 (Secrest Shortcut Road from SR 1504 to US 74), Union County. Dear Mrs. Lespinasse: The North Carolina Department of Transportation (NCDOT) is currently widening SR 1501 fi•om SR 1504 to US 74 in Union County. The purpose of this letter is to request a permit modification to include the widening of the bridge located at Station Number 487+80 over Lick Branch. The existing timber decked bridge measures 15 feet long by 24 feet wide and is supported by concrete abutments. The proposed work would involve extending the concrete headwall by 2 feet on the upstream side (west side of Secrest Shortcut Road) of Lick Branch in order to increasing the bridge width from 24 feet to 27.5 feet. Total impacts to Lick Branch would be 2 linear feet. The proposed work would be conducted "in the dry" using sandbag and plastic cofferdams around each headwall extension. If you should you require any additional information concerning requested permit modification for this project, please feel free to contact Larry Thompson, Division Environmental Supervisor, at (704) 982-0101. Sincerely, Barry S.. oose, PE Division Engineer BSM/LBT Enclosures 716 Nest Main Street, Albemarle, NC 28001 • (704) 982-0101 • Fax (704) 982-3146 F . 601 ALLEN FG= ? --_v ,? (SR 1505) O S p 1 - m U i \I ? I ? i - U1,01 I I i IT I ?N?p31 ?? 90 ? ? ??? g FOWLER F CROSSROADS L Q QTR T5p4) aO P? Q AUCOM I-'; \ Q I w ry ?O U '.\m - Ail \ ml¢ _ r J? Y rC 90'Y I o ?` HI' NEACM ? _ ?_ '?E('SF _O OI G.?i ?? ? Z ?T CAIFY Q i ? R r Ii??9 CEl RON I,CN,. ?r 2 LT-- HILKA OOD (? - EF 1 p p?T o O - LR\ a Sq r S O / 7 _ _ Q UI: II 0 ?E_ V vg?21 j V ?? f??? , PEPPCR DBE L I E CEF. I \\ C 1 T? 1' PSG P ? v. 601 ? I v I 4 \I kIM iI _ ? . Ri (' I 200 ILLS ?? / - F- i v - -0R V - _ STq ET oCc surrE?cRO K ? ??? 1 ? - oos y FOR ?s c?RUS e ?? ' yo i FL / _ prr PP . X4'90 o/ a 74) EUCLID Slonroe T /1io F ?T ?- Iz ?? ' 20 -- _ of /' ?! h'7 r ?T \VOq H\ N ?? UA"'?. Al ?° ti LAST? A1'E_ L"_ERCRLAND I cr A9 f " / -• . • it ,_. .. ._ ? r 4 . _ i _ - v - P . • ' '', Sta. 487+80 ? f L ! i rig i 7° W ;l - '- tr Name: BAKERS Location: 035' 01'33.76" N 080° 33'31.80" W Date: 11/22/2006 Caption: SR 1501 Scale: 1 inch equals 1333 feet (Secrest Short Cut Rd.) Union County. Copyright (C) 1998, Maptech, Inc. Union County SIB 1501 (Secrest Shortcut Road 4 t `t % l . , s' , rr1 ?' n • ;.oar ?j , 7 011 `er .. - : y ,,1 •.,, i 4 1 .. i P„yt rr ,I ?? ??Xlp? f ?r ? . ' ti ?' ; ! y '' _ ??' • ?,r- `? `fit _ 5 t. , ? ,. N r `. t .a r r, rf s 7. Z 1 'i'l O { ?: !r ' L ?..• X i L rr ?lj?.l 1 ` r ¢a• pbin9donl v ## 1 { r Ji C f. i ems; ?j r r , l ? ? ? i?? •1? '? QI- 1, •I?,L ,.` ''i• '" _ P •?rr...,? .????r•''rr C ? ?. % r 8ricl?geDve?'Lick 13 tanc.)' Sta. 487+80 . Jam` .r f? _ - ?. P'' J , J i, •5 q ?4 ,4 7? err ? ir' F ?' _ _ - ?'??' `? , p? ? gar- ?f 4` f • ? ? ?? % Legend Q permit site Prrpared by: north Carolina IAkpartusent of Transportallon 1.. 11. 1 honipson Emironntenlal Unit, Dhislon 10 Dale: December 2, 2005 7 his map is Intended for Internal DOT use onh•. For all other uses, no warranties of any sort, inciud ing accssracy, fitness, or merchantablilly accompany this product Feet 0 235 470 940 1,410 1,880 BRIDGE NO UNION CO. 12/21/04 -p {, i i U I V V V L t I- 7: ; E .' S } .f J ?f r 1 I i i I i a i MOVING AHEAD SECREST SHORTCUT RD A ? O O T r rn ^ m o = x o ? o ? m C) Z CA 0 n 0 r D r h a yon ? O O • a w a - ^%r ti ti D CD I O FT-1 C-) O ITI O co FF, CD -om CD FT x N J b N Po c;n Imo, N n P° ti ? O M y PPP P PP P P n? P?.-j a W W W W WNOO r. 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EASLEY GOVERNOR July 25, 2006 JUL 2 7 2000 Polly Lespinasse Dept. of Environment and Natural Resources Division of Water Quality 610 East Center Avenue, Suite 301 EIIt Mooresville, NC 28115 Subject: NC Moving Ahead Project No. MA10121R (Section B), SR 1501 (Secrest Shortcut Road from SR 1504 to US 74), Union County. Dear Mrs. Lepinasse: Per your request, we are providing additional information regarding the proposed pipe extension at Sta. 470+31 for the MA1012IR project located on SR 1501 (Secrest Shortcut Road) in Union County. The proposed pipe extension will be approximately .29 feet higher than the existing stream bed elevation. After extending the 24" x 46' RCP an additional 4 feet, we will remove any remnants of the existing scour hole by using the rip rap that is currently blocking the thalweg of the downstream channel. The stream bed elevation will be raised to that of the pipe. Any excess rip rap that is removed from the stream channel will be disposed of in a upland location. If you have any questions or should you require any additional information concerning this project, please feel free to contact Larry Thompson, Division Envirormental Supervisor, at (704) 982-0101. Sincerely, 6 L-Z- Barry S Moose, PE Division Engineer BSM/LBT Enclosures 716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 • Fax (704) 982-3146 ?Ll A ?? 1 U L) STATE OF NORTH CAROLINA tyfr?'NCS rm1vnTt DEPARTMENT OF TRANSPGRTAii N XU7C":S ?C1j DIVISION OF HIGH WA '51' >A :'T'I 0 TIPPETT SECRETARY `' . OrATE OF NORTH CAROLINA 5U JECT / /Dr-? PROJECT Z DEPARTMENT OF TRANSPORTATION 'f?'S: COUNTY DIVISION OF HIGHWAYS PREPARED BY IT",', `-- DATE STATION 716 WEST MAIN STREET G F ALBERMARLE, NORTH CAROLINA 28001 CHECKED BY DATE STIR NO SHEET-, OF-?- Q W ?' 41 O S O W Q N [J rj L O ,I ? 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W W af > U z ID wW Z ?IL O Li LL J z U09'a94'01roc-4r0t oP .o?Ov V c9pG Mr. Barry Moose, P.E. NCDOT Division 10 716 West Main Street Albemarle, NC 28001 Michael P. Iiasley, Governor William G. Ross Jr , Secretary North Carolina Department of Envirrnunent and Natural Resources q?6 l ?D wF o ¢ O T?NOS? OSTT?MFk0Uq?0o6 Wq? B APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Moose: Alan W. Klimek, P.T. Director Division or Water Quality August 11, 2006 DWQ# 06-1142 Union County You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total of 12 linear feet (If) of streams as listed in the table below: Location/Station Stream Name _____Length of Stream Impact Station 470+31 Unnamed tributary to Stewarts Creek* 4 linear feet Station 475+81 Unnamed tributary to Stewarts Creek* 8 linear feet The impacts will be for the purpose of widening the existing road by two (2) feet as described in your application received by the Division of Water Quality (DWQ) on July 18, 2006, and additional information received by the DWQ on July 27, 2006. The location of the project is State Road (SR) 1501 (Secrest Shortcut Road) in Union County. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404. Please note'that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design that you described in your application (unless modified below). Should your project change, you must notify the DWQ in writing and you may be required to 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 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 those listed below: 1. Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of the streambed by one (1) 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 for low flow passage of water and aquatic life, as well as prevent headcutting of the streams. "No stream determination performed. North Carolina Division or Watel' Quality 610 1?ast Center Avcnuc, Suite 301 Internet: l12o.erir.state.11c.us Mooresville, NC 281 15 Phone (704) 663-1699 Fax (704) 663-6040 one N , t11 Carolina Nnlurally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Cage 2 The design and placement of culverts and other structures including temporary erosion control measures 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 each culvert. The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ. 2. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. In addition, riprap located immediately downstream of Station 470+31 shall be removed from the thalweg of the stream to allow for low flow passage of water and aquatic life. 3. Heavy equipment shall be operated from the banks rather than in the strearn channel in order minimize sedimentation and reduce the introduction of other pollutants into the stream. 4. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 5. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic, conditions can be provided. 6. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 7. 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 the 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. 3. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geornorphic conditions. 9. 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. 10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 13. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing season following completion of construction. 14. 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 30 days after the Division of Land Resources has released the project. Page 3 15. 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, operation, and maintenance of the sediment and erosion control measures must be such that they equal, 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, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance 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. 16. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this Certification, or any modification to this Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it is a direct impact from road construction activities. 17. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please include photographs upstream and downstream of the structure to document correct installation. 18. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USAGE, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public tearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the USAGE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for 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 l)etition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Page 4 This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663- 1699. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Steve Lund, USACE Asheville Field Office Sonia Gregory, DWQ Wetlands Unit File Copy r ~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT GoVERNOR SECRETARY June 28, 2006 ,41' O 1 0 O North Carolina Division of Water Quality -4, 1 r `'FN 8 2 401 Wetlands Certification Unit 2321 Crabtree Boulevard oRyQ???r?o6 Raleigh, NC 27604-2260 tigB?H Subject: NC Moving Ahead Project No. MA10121R (Section B), Union County. WBS Element No. 37637 (DWQ Minor Permit Fee $200.00). Dear Sir or Madam: The North Carolina Department of Transportation (NCDOT) proposes to widen SR 1501 (Secrest Shortcut Road) from its intersection with SR 1504 (Rocky River Road) to US 74 by two feet, on the north side of the existing roadway, as part of the North Carolina Moving Ahead program. The total project length is 4.4 miles. Protected Species The subject project has been reviewed for the presence of listed threatened and endangered species. It has been determined that the construction of this project will have no effect on any federally listed plant or animal species. Impacts to eaters of the United States This project cannot be completed without impacts to waters of the Ututed States. The project is located within the Yadkin River Basin (Hydrologic Unit # 03040105), affecting the drainage of unnamed tributaries to Stewarts Creek. There will be approximately 12 linear feet of permanent impacts to the existing stream channels as a result of the proposed construction. There arc no wetland impacts that will result from the construction of this project. Stream 1m acts There will be two stream impacts as a result of this project being constructed. Table l includes information related to site number, stream name, existing pipe length (ft), existing pipe width (in), proposed replacement or extended pipe length (ft) and width (in). 716 West Main Street, Albemarle, NC 28001 9 (704) 982-0101 9 Fax (704) 982-3146 G Table 1. Im acts to Streams due to the construction of IVIA10121R Section B Site Existing Existing Proposed Proposed No. Stream Name Length Width Length Width (feet) (inches) (feet) (inches) 470+31 UT to Stewarts Creek 46' RCP 24" 50' 24" 475+81 UT to Stewarts Creck 34' RCP 15" 48' 15" Note: -ur' refers to unnamed tributary. The NCDOT believes that the pipe replacement can be authorized under a Section 404 Nationwide Permit 14. Avoidance/Minimization Any wetlands or surface waters not affected by the project will be protected from unnecessary encroaclunent. No staging of construction equipment or storage of construction supplies will be allowed in or near jurisdictional areas. Sediment and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur between maintenance forces and the Division Environmental Officer during construction in an effort to minimize impacts to jurisdictional sites. Summary The purpose of this letter is to request authorization to construct the proposed project under a Section 401 Water Quality Certificate (WQC) No. GC3404. Enclosed you will find seven copies of the pre-construction notification form. If you have any questions or need any additional information concerning this project, please feel free to contact Larry Thompson, Division Environmental Supervisor, at (704) 982-0101. Sincerely, C' -- Barry . % loose, PE Division Engineer BGP/LBT Enclosures cc: Polly Lespinesse, NCDWQ Marella Buncick, USFWS Marla Chambers, NCWRC Larry Thompson, DES Phil Suggs, REFOE File SR 1501 (Secrest Shortcut Road) Union County Office Use Only: Form Vcrsion March 05 USACE Action ID No. DWQ No i `i 2 tit any particular item is not app icaoie to uus protect, picase enter tvot ttppuL;UUW UL 1 t, .1 1. Processinb 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? IL Applicant Information 1. Owner/Applicant Information Name: N.C. Department of Transportation Mailing Address: 10`x' Hl,,hway Division 716 West Main Street Albemarle N.C. 28001 Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Barry Moose Company Affiliation: N.C. Department of Transportation Mailing Address: 10"' Hi<!hwaYDivision 716 West Main Street Albemarle N.C. 28001 Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146 E-mail Address: bi-nooseCa]dot. state. 11c. Its Pagel of 9 SR 1501 (Secrest Shortcut Road) Union County III. Project Information 3 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with tine property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: SR 1501 (Secrest Shortcut Road) 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 4. Location County: Union County Nearest Town: Monroe Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From the intersection of US 74 and US 601 travel .6 miles west on US 74 to the intersection of US 74 and SR 1501 (Secrest Shortcut Road) turn risTht onto Secrest Shortcut Road. The project begins at SR 1514 (Rocky River Road) and Secrest Shortcut Road and ends at the intersection of US 74 and Secrest Shortcut Road. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 340 59' 54.90" N 80° 32' 53.00" W 6. Property size (acres): 7. Name of nearest receiving body of water: Stewarts Creel; 8. River Basin: Yadkin (Hydrologic Unit 03040105) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http //h?o.enr.state.nc.u?/admin/nta/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Secrest Shortcut Road is a secondary road in Union County that has experienced a significant increase in traffic volume as well as accident rates over the Page 2 of 9 SR 1501 (Sccrest Shortcut Road) Union County past three years The land use is mixed with both residential and commercial properties located alonf? the project The largest land use is for single family residences. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project involves the widenin,- and resurfacing of Sccrest Shortcut Road. The widening will be limited to two feet on the northeast side of the road. The total project lent?th is 4.4 miles There are two perennial stream crossing that will be impacted by the proposed widening The first crossing is located at 470+31 (4 feet of impacts) and the second at Sta 475+81 (8 feet of impacts) The proposed work will be completed utilizing typical construction equipment site]] as a track hoe dump truck paving machine and roller. Erosion and sediment control devices will be installed accord int,,Jy. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to improve the safety of SR 1501 between Rocky River Road and US 74 by increasing the pavement width and driver recovery area IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no fixture permit requests anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and pererurial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and strearn evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 3 of 9 SR 1501 (Secrest Shortcut Road) Union County Nvetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: There will be 12 feet of permanent impacts associated with this project 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year r Floodpla (es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres 470+31 UT to Stewart's Creek RCP Extension Perennial 2.0 4' .0001 475+81 UT to Stewart's Creek RCP Extension Perennial 1.5 8' .0003 Total Stream Impact b length and acreage 0004 Page 4 of 9 SR 1501 (Secrest Shortcut Road) Union County 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact acres N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act acres : .0004 Wetland Impact (acres): N/A Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) .0004 Total Stream Impact (linear feet): 12 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embanktnent, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local storinwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 5 of 9 SR 1501 (Secrest Shortcut Road) Union County VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction s techniques to be followed during construction to reduce impacts. The proposed widening-ha been limited to two feet and shifted to the northeast side of the road to avoid additional impacts. The staging of construction equipment will not be allowed in or near the streams and wetland located on this project Strict enforcement of the sedimentation and erosion control best manaf,yentent practices for the protection of wetlands and surface waters will be enforced during all phases of project construction. There is a large scour hole located at the outlet end of the pipe located at Sta. 470+31. Tile proposed pie extension will eliminate most of the scour hole and any remnants of the hole will be filled in using the rock that has been pushed out in front of the existing pipe. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streanLs; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Drafl Technical Guide for Stream Work in North Carolina, available at i. http://h2o.enr.state. lie. usincwetlands/stnil U, ide.htii 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) Page 6 of 9 SR 1501 (Secrest Shortcut Road) Union County of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation casement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Any requests received for mitigation will be routed through the NC Ecosystem Enhancement Prof4ram 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at lhttp //h2o enr.state.nc.us/wrp/index.litm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 7 of 9 SR 1501 (Secrest Shortcut Road) Union County 1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Painlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet )`Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; "Lone 2 extends an additional 20 feet from the edge of "Lone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The existing , pavement width is 20 feet with a proposed new width of 22 feet. There will an increase of 1.7 acres of impervious area as a result of this project being constructed XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wctland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No E Is this an after-the-fact permit application? Yes ? No Page 8 of 9 SR 1501 (Secrest Shortcut Road) Union County XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No Z If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://li2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This project will have no direct affect on development XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's . Xgnature D fate / (Agent's signature is valid my if an authorization letter from the applicant is provided.) 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PPS OM* f, yTq, Js B? v '<Q%ry1 f\?FJ` ?O S? ?S10?P VOAA ?? j Ro CAMELOT Rolling Hill q p< wiNFIE c United PL:h NTINENTAL???F\\ ??l` o •< ?yeLnne? N ingha Shop Ctr WESTWOOD '? o a°"q ? First ssenbly NO ?R Plaza qq A " i?l WES V000 ° ti r ^ l .? ?? // V'o??,r?\ a E • ?--- of uUU A=-? ?? 3//b BEANS t itollatics r APP ?eSs Ctr Union A l •?9 s. 3 3 E'l Ctrl =a f\--' i ?S3:em ?T- ¢r i? T•, P„ ..?,. :r / PV - 2 1 " Fairgrounds -T???? ,. t . i_. • 5'35 1 Sta. 470+311 ' . • Sta. 7r,+81 i fr t ' :jam ? l I r CAP°'I . • \.?T Name: BAKERS Location: 035'01'30.98" N 080'33'40.13" W Date: 7/3/2006 Caption: Union County Scale: 1 inch equals 1333 feet SR 1501 (Secrest Shortcut Rd.) MA 10121R Copyriciil (C) 1993, G9aploch, Inc Union County SR 1501 (Secrest Shortcut 1coad !f , pnpe_Darfy a Rd aekRd ?( a f . ? ' F• ' 1?a• OEi Foytlet V4 sa: p ?_ rt rn Utarrr 3 n ' . ? ?l _ 1 .?,! _. _r I I F0? ?. ' t :n A5ta.470+31 - °-r 475+81 1 * G ; Poo rr µ,N i p`. ( i P.eppeddgp i , a o n:'f Ctt 11l r ? 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