HomeMy WebLinkAbout20041684 Ver 1_Approval Letter_200411101
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Mr. Benton Payne, 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
211@110WIND
NOV 1 2 2004
DENR - WATER QUALITY
VIERANDSANDSIXIM SIXIMMM BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Payne:
Alan W. Klimek, P.E. Director
Division of Water Quality
November 10, 2004
DWQ# 04-1684
Union County
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total
of 256 linear feet (If) as listed in the table below:
Location/Station Stream Name Length of Pipe Extension
40+77 Unnamed tributary to Crooked Creek 2 pipes at 4 feet each
82+68 Unnamed tributary to Crooked Creek 1 pipe at 12 feet
94+64 Unnamed tributary to Crooked Creek 1 pipe at 16 feet
135+26 Unnamed tributary to Crooked Creek 1 pipe at 12 feet
184+13 Unnamed tributary to Crooked Creek 1 pipe at 8 feet
196+45 Unnamed tributary to Crooked Creek 1 pipe at 8 feet
214+65 Unnamed tributary to Crooked Creek 2 pipes at 20 feet each
287+04 Unnamed tributary to-Crooked Creek 1 pipe at 16 feet
298+74 Unnamed tributary to Grassy Creek 1 pipe at 16 feet
319+39 Unnamed tributary to Grassy Creek 1 pipe at 20 feet
376+23 Unnamed tributary to Brandon Branch 1 pipe at 12 feet
413+20 Unnamed tributary to Gold Branch 1 pipe at 16 feet
443+21 Unnamed tributary to Gold Branch 1 pipe at 20 feet
486+24 Unnamed tributary to Gold Branch 1 pipe at 16 feet
496+13 Unnamed tributary to Richardson Creek 1 pipe at 8 feet
524+88 Unnamed tributary to Crisco Creek 1 pipe at 20 feet
550+53 Unnamed tributary to Crisco Creek 2 pipes at 16 feet each
553+70 Unnamed tributary to Crisco Creek 1. pipe at 16 feet
Impacts will be to multiple unnamed tributaries` for the purpose of extending the road shoulder as described in your
application received by the Division of Water Quality (DWQ) on October 18, 2004. The location of the project is NC 218
from US 601 to NC 205 in Union County. After reviewing your application, we have determined that this project is covered
by Water Quality General Certification Number 3404.
No stream determinations performed.
Noce Carolina
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North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet h2o.mr.state.mus Mooresville, NC 28115
Phone (704) 663-1699
FAX (704) 663-6040
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Page 2
This certification corresponds to Nationwide Permit Number 14 issued by the U.S. Army Corps of Engineers (USACE).
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 1th"9 o6i5te8;4041permit unless otherwise specified in the Water Quality
Certification. i) al .l li F:.J c?
This approval is valid solely for the purpose aha'design thatiyou 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.f•Ifltotal;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 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. 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. Storm water shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for
the purpose of pre-treating storm water runoff, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged so that they may be utilized for storm water sheet flow.
3. The North Carolina Department of Transportation (NCDOT) shall strictly adhere to sediment and erosion control Best
Management Practices as described for High Quality Waters entitled "Design Standards in Sensitive Watersheds" (15A
NCAC 048.0124) throughout the design and construction of the portion of the project that drains to Crooked Creek and
its tributaries due to the presence of listed species in Crooked Creek and its watershed.
4. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions. Riprap placed
for bank stabilization should be limited to the stream bank below the high water mark and vegetation should be used for
stabilization above the high water mark.
5. Heavy equipment must be operated from the banks rather than in the stream channel, when possible, in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
6. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can
be provided.
7. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
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 work shall be performed during low or normal flow conditions.
11. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is strictly prohibited.
12. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all
specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect
surface water standards:
Page 3
a. 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 pit
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
b. 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.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
13. 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.
14. 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.
15. Upon completion of the project, the applicant 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.
16. Continuing Compliance. NCDOT shall conduct its activities in a manner consistent with state water quality standards
[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 21-1.0503, 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 of 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,
Alan W. Klimek, P.E. <
Attachments
cc: Steve Lund, USACE Asheville Field Office
Rob Ridings, DWQ Wetlands Unit
Central Files
File Copy