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HomeMy WebLinkAbout20070159 Ver 1_Approval Letter_20070212_ _ :. .. - - Michael F. Easley, Governor O~ W /~ ~-~~ William G. Ross Jr., Secretary ,~ ~ QG North Carolina Department of Environment and Natural Resources r Alan W • Klimek, P.E. Director > ~ Division of Water Quality o `~ February 5, 2007 Davie County DWQ Project No. 07-0159 Blaine Church Rd extension (SR 1345) APPROVAL of 401 Water Qua'!ity Certification ,~ ~~ Mr. Pat Ivey, P.E. ~% 1~ ~, ,;~ Division 9 ``r~~ "wFr~ OJ ~~ Division Engineer, ortation ~SANDS~jo RQU North Carolina Department of ~Transp RMS. q~~~, ~~r `~'~ ~ ~ 375 Silas Creek Parkway ~~n`~ ~ '° Winston Salem, 27127 9~Re "i~~'~~_ Ugll O, Dear Mr. Ivey: to incur the followiyimpacts ave our approval, in accordance with the attac a on to Blase Churtch Rd (SR 345) in Davie Co f n ~ i e and 24 You h in order construct the new road exinnsi onn a t to an unnamed tributary. (UT 1) to Bear Creek (120 feet o p p • 1441inear feet of new p p g p e and 12 feet of rip-rap, at two crossing loacat to an unnamed tributary (rJT 2) to Bear Creek (60 feet of new pip • 721inear feet of new piping imp feet of rip-rap, at two crossing locations); - • Temporary dewatering impacts. our applicatic'~ii dated January 26, 2007. After reviewing y°~ The proj ~ uali Certification. Nos. 3404 and 3366, ect shall be constructed in accordance with Y General `Water Q tY neers Nationwide Permit Numbers T04 and 33. In addition, you shout application, we have decided that this of Engi veered by ' ect including (but not limited to) corresponding to the U.S. Army CO1P . ou roceed :;with yon' P J l Watershed regulations. This approval will expire with acquire any other federal,. state or local pernuts before y p Sediment and Erosion Control, Non-Discharge and Water Supp y ' hereb supercedes condition No. 19 in the General Certification 3404, and condition the accompanying 404 permit this Y No. 12 in the General Certification 3366. Should described in yon' application (unless modified below). ose and design ivision) and submit a new application. If the = This approval is valid solely for the pure ur of this approval letter and certifications, and exceereby responsible ro'ect change, you must notify the Division of Water Quality (D~ ed one acre, or if yo p J even a copy `~r property is sold, the new owner must beg miti ation may be required as om 1 ~ng with all the conditions. If total wetland x 1150 linear feet,ccompensat rye ug e for c p Yi ou must adhere to the conditions - total impacts to streams (now 506m t (6) a d (7) xFor this approval to remain valid, y described in 15A NCAC 2H .0 (h) - listed in the attached certification and any additional conditions listed below. Ce will conduct apre-construction otential 1. The NCDOT Division Environmeo e s Oe that the project supervisor and essential) vited tto the pre construction meeting with all appropriate staff staff shall be issues with stream and pipe alignment at the permitted site. NCDWQ meeting. - No` Caro na ~tura~y Customer Service htown Street Phone (336) 771-4600 1.g77-623-6748 585 Waug Fp,}{ (336) 771-4630 North Carolina Division of Water Quality Winston-Salem, NC 27107 Internet: h2o.encstate.nc.us , An Eaual OpportunitylAffirmative Action Empbyer - 50% Recycled110% Post Consumer Paper ivlr. rat Ivey, r.r,. February 5, 2007 DWQ# 07-0159 Page 2 2. At all three pipe locations, the streams are extremely sinuous. Care must be taken by NCDOT to align the pipes as best as possible to ensure stability of the channel above and below the pipes. Some channel relocation or modification may be necessary to prevent future stream is =stability, NCDOT,staff shall address pipe alignment at each site upon pipe installation and if necessary, the NCD(~T Division Environmental Officer, NCDOT Environmental Specialist, or NCDWQ staff will be consulted to review the alignment prior to final road grading and paving. ~ - 3. At various locations along this new road extension, the stream channel is parallel,'and immediately adjacent to, the road fill slope .and construction area. Extra care will be necessary in desigiii7g, installing, and maintaining proper erosion control measures to ensua-e no impacts to stream at these locations. Should if become necessary to provide addlional stream stabilization al these parallel locations, a permit modific~~tion will be required. 4. Erosion arid~'sediment control practices must be in full coripliance 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 implen ~ntation must comply with the reclamation in accordance with the requirements of the Sedimentation PoII;:`tion Control Act. 5. No waste, spoil, solids, or fill of any kind si5a11 occur in wetlands,_ waters, or riparian areas beyond.the footprint of the impacts depicted in the Preconstructiort,~Totice Application. All construction activities, including- the design, installation, operation, and maintenance c-' sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 6. 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 six months of the completion of the project. 7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating. stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they maybe utilized for stormwater sheet flow. 9. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. These measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow through without freefalling or damming on either end of the culverts during low flow conditions, to maintain aquatic life and/or fish passage. 10. The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. " ~. Mr. Pat Ivey, P.E. Y~ ebruary 5, 2007 DWQ# 07-0159 Page 3 11. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 12. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low flow conditions. 13. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 14. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 15. 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. _ 16. The presence of equipment in the channels must be minimized. Under no.circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 17. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 18. All work shall be performed during low flow conditions. 19. Upon completion of the project, the NCDOT shall complete and return. the enclosed "Certification of Completion Form" to notify DWQ 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 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 15.OB 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 Sue Homewood at 336-771-4964 or at Sue.Homewood@ncmail.net. Sincerely, ~~ Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers John Thomas, USACE Raleigh Field Office Diane Hampton, Division 9, Division Environmental Officer Phil Suggs, NCDOT Roadside Environmental Officer. Division 9 DWQ Wetlands/401 Transportation Unit DWQ Winston Salem Regional Office DWQ Central Files Mr. Pat Ivey, P.E. February 5, 2007 DWQ# 07-0159 Page 4 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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 I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized 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