20081640 Ver 1_Approval Letter_20081124

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90G Michael F Easley, Governor
William G Ross Jr, Secretary
r North Carolina Department of Environment and Natural Resources
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1
l? 'C Coleen Sullins, Director
Division of Water Quality
November 24, 2008
Rowan County
DWQ Project No 08-1640
B-3234
APPROVAL of 401 Water Quality Certification
Dr Greg Thorpe, PhD, Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr Thorpe
You have our approval, in accordance with the attached conditions and those listed below, to incur the
following impacts in order to replace Bridge No 78 with a double barrel 7'X7' reinforced concrete box culvert
over UT to Fourth Creek on SR 1949 (Wetmore Road) in Rowan County
• 75 linear feet of permanent fill impacts to Unnamed Tributary no 1 to Fourth Creek for a culvert
installation,
• 51 linear feet of temporary fill impacts to Unnamed Tributary no 1 to Fourth Creek for the construction of a
temporary rock causeway to be used during culvert installation, and
• 80 linear feet of permanent impact for bank stabilization to Unnamed Tributary no 1 to Fourth Creek,
The project shall be constructed in accordance with your application dated October 24, 2008 After reviewing
your application, we have decided General Water Quality Certification No 3689, 3701, and 3688,
corresponding to the U S Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33, covers that
bank stabilization, permanent fill, and temporary impacts, respectively 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 is valid solely for the purpose and design described in your application (unless modified below)
Should your project change, you must notify the Division of Water Quality (Division) and submit a new
application If the property is sold, the new owner must be given a copy of this approval letter and
certifications, 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 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 any
additional conditions listed below
c Carolina
1Nawrally
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet www ncwaterquality org Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl1 0% Post Consumer Paper
I
Mr Greg Thorpe, P E
November 24, 2008
DWQ# 08-1640
Page 2
Since two pipes are required, they shall be designed to mimic natural stream cross section as closely
as possible including one pipe at flood plain elevation Widening the stream channel shall be
avoided Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires maintenance and disrupts aquatic life passage A
floodplain bench shall be created at inlet and outlet of the storm flow pipe In order to construct the
floodplam bench, excavation of the land adjoining the adjacent pipe will be necessary
All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to
biological criteria exceeded shall not discharge stonnwater directly to surface waters Stormwater
shall be treated using appropriate best management practices (e g , vegetated conveyances,
constructed wetlands, detention ponds, etc ) prior to discharging to surface waters to the maximum
extent practicable
3 Temporary work pads shall not impede more than half the flow of the stream at any given time
4 The use of np-rap above the Normal High Water Mark shall be minimized Any np-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage
5 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 down stream of the
above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact the NC DWQ for guidance
on how to proceed and to determine whether or not a modification to this certification will be
required
6 During the construction of the project, no staging of equipment of any kind is permitted in waters of
the U S , or protected riparian buffers
7 The dimension, pattern and profile of the stream above and below the crossing shall not be
modified Disturbed floodplamns and streams shall be restored to natural geomorphic conditions
The Permrttee shall ensure that the final design drawings adhere to the certification and to the
drawings submitted for approval
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
Mr Greg Thorpe, P E
November 24, 2008
DWQ# 08-1640
Page 3
10 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
11 No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification
12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited
13 The Permittee shall report any violations of this certification to the Division of Water Quality within
24 hours of discovery
14 Native riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion of construction
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 contact Amy Euliss at 336-771-4959 or at amy euliss@ncmail net
Sincerely,
4- r.-e_?
Coleen Sullins
cc John Thomas, USACE Raleigh Field Office
Kent Boyer, Division 9, Division Environmental Officer
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office
Mr Greg Thorpe, P E
November 24, 2008
DWQ# 08-1640
Page 4
DWQ Project No
County
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621 This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer It is not
necessary to send certificates from all of these
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials
Signature Date
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials
Signature Date
Engineer's Certification
Partial Final
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authonzed to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials
Signature
Registration No
Date