HomeMy WebLinkAbout20050861 Ver 2_Approval Letter_20070202~oF w A rFgQ Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
C~ r North Carolina Department of Environment and Natural Resources
~ ~
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 2, 2007
DWQ# OS-0861, Version 2
Surry County
Mr. C. L. White
705 Salem Fork Road
Elkin, NC 28621
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. White:
You have our approval, in accordance with the attached conditions, to place permanent fill in 20 linear feet of
an unnamed tributary to Snow Creek in order to replace an existing culvert, and to conduct stream restoration,
enhancement, and preservation activities along a total of 2,1201inear feet of Snow Creek, as described in your
application received by the Division of Water Quality on November 29, 2006 and in additional information
received on December 8, 2006. After reviewing your application, we have determined that this activity is
covered by General Water Quality Certification Number 3495, which can be viewed on our web site at
http://www.ncwaterqualit~org/wetlands.html. This Certification allows you to use Nationwide Permit
Number 27 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 maybe 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. 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 this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount A roved Plan Location or Reference
Streams 2,140 linear feet Snow Creek and an unnamed tributary, both located on the C. L.
White property in Surry County as depicted on the site map included
with the application
NO°° Carolina
~tara!!r~
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 Bivd. Raleigh, NC 27604-2260 Internet htto:llwww.ncwaterguality.org
Customer Service Number: 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. C. L. White
Page 2, DWQ# OS-0861, Version 2
February 2, 2007
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment 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 15A 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 the 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
Division of Land Resources has released the project.
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. The replacement culvert required for this project shall be installed in such a manner that the design
stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Design stream dimensions (including the pattern and profile) are to be maintained above
and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting
of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if
the culvert is installed in a perched manner, the culvert shall be removed and re-installed correctly. The
Applicant must submit a plan and receive written approval from this Office to address any head cutting
that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
6. If 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 design grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to
provide the thickness of riprap required for scour protection. The elevation of the streambed 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 finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been
completed. This certificate should be returned to the 401/Wetlands Unit of the NC Division of
Water Quality at the address listed on the form. Along with the Certificate of Completion, please
send photographs showing all restored stream reaches and the culvert installation site.
Mr. C. L. White
Page 3, DWQ# OS-0861, Version 2
February 2, 2007
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 Central Office in Raleigh at (919) 715-4631.
Sincerely,
r~i~
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Mr. Jerry Dalton, Dalton Engineering, P. O. Box 426, Clayton, NC 27528