HomeMy WebLinkAbout20070844 Ver 1_Approval Letter_20070706OF W ATF9
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 6, 2007
DWQ# 07-0844
Davidson County
Mr. Rex Buck
Davidson County
925 North Main Street
Lexington, NC 27293
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Buck:
Davidson County has our approval, in accordance with the attached conditions, to place temporary fill
associated with trenching and backfilling in 379 linear feet of stream, and to impact 0.138 acres of wetlands, in
order to install Phase 1 of the South Central Sewer Project in Davidson county, as described in your application
received by the Division of Water Quality (DWQ) on May 15, 2007. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3625, which can 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 3791inear feet Unnamed tributaries to Pounders Fork and Abbotts Creek located
between the City of Lexington's Waste Water Treatment Plant and
Central Davidson High School in Davidson County, as depicted on the
roject location map included with the Pre-Construction Notification
No ehCarolina
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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://www.ncwaterguality.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Rex Buck
Page 2, DWQ# 07-0844
July 6, 2007
Amount A roved Plan Location or Reference
Wetlands 0.138 acres Forested wetlands associated with unnamed tributaries to Pounders
Fork and Abbotts Creek located between The City of Lexington's
Waste Water Treatment Plant and Central Davidson High School in
Davidson County, as depicted on the site plan included with the
application
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 C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality
Standards For Class C Waters. 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. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters
until it has cured.
6. 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 of the streambed or banks upstream or downstream of any crossing.
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
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Mr. Rex Buck
Page 3, DWQ# 07-0844
July 6, 2007
completed. The responsible party shall complete the attached form and return it to the Winston-Salem
Regional Office of the NC Division of Water Quality at the address listed on the form. Along with the
Certificate of Completion form, please send photographs of each stream-crossing site to document
correct installation and stabilization.
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.
`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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Coleen H. Sullins
CHS/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. John Jamison, HDR Engineering, Inc., 3733 National Drive, Suite 207, Raleigh, NC 27612-4845