HomeMy WebLinkAbout20060652 Ver 2_Approval Letter_20070308-~ I
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Mr. Mitch Williams. P. E.
City of Mount Airy
P. O. Box 70
Mount Airy, NC 27030
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Williams:
DWQ# 06-0652, Version 2
Surry County
The City of Mount Airy has our approval, in accordance with the attached conditions, to place temporary fill in,
or otherwise impact, 120 linear feet of stream in order to install the second phase of the Cross Creek/Laurel
Court Sewer Extensions in Mount Airy, Surry County, as described in your application received by the Division
of Water Quality (DWQ) on January 9, 2007. After reviewing your application, we have determined that this
fill is covered by General Water Quality Certification Number 3374, which cari be viewed on our web site at
http•//www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number
12 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable
federal, state or local permits before you proceed with your project, including (but not limited to) those required
by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the .General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the 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 total fill to perennial streams equals or exceeds 150 linear feet, compensatory
mitigation maybe 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, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of the
Certification are met. No other impacts, including incidental impacts, are approved:
Amount A roved Plan Location or Reference
Streams 120 linear feet Unnamed tributaries to Lovills Creek as depicted on the
project location maps included with the Pre-Construction
Notification
_ Ane Carolina
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North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919)733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:llwww.ncwaterpuality.org
Customer Service Number: t-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 8, 2007
An Equal Opportunity/AfFrmative Action Employer - 50% Recycled110% Post Consumer Paper
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Mr. Mitch Williams
Page 2, DWQ# 06-0652, Version 2
March 8, 2007
2. Appropriate sediment and erosion control measures, which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-IV waters as described in I SA NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV .Waters. Such measures must equal or exceed the requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual.
These measures must be maintained on all construction sites, borrow sites,. and waste pile (spoil) sites,
including contractor owned and leased borrow pits, which are associated with this project.
3. 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 measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable; within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design,- installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and .elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization ofthe streambed or banks upstream or downstream of any crossing.
6. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters
until it has cured.
7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
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Mr. Mitch Williams
Page 3, DWQ# 06-0652, Version 2
March 8, 2007
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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
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Alan W. Klimek, P. E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
Mr. Kevin Heath, P. E., Adams-Heath Engineering, Inc., 119 North Main Street, Galax, VA 24333