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HomeMy WebLinkAbout19970617 Ver 1_COMPLETE FILE_19970709 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E.. Director -AVA DEHNR September I, 1997 Wilkes County WQC 401 Project #970617 TIP No. B-3080 APPROVAL or 401 Water Quality Certification Mr. Franklin Vick N.C. ~pt. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval, in accordance with the attached conditions for the purpose of survey activities at Rhonda, as you described in YOW' application dated 3 July 1997. After reviewing YOW' application, we have decided that this fill is covered by General Water Quality Certification Nwnbel3127. This Certification allows you to use Nationwide Permit Number 6 when it is issued by the Corps of Engineers. In addition, you should get any other fedetal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwata, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued on 28 July 1997. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland rills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in ISA NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attaChed certification. 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 lSOB of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditionsarermal and binding unless you ask for a hearing. . This letter completes the review of the Division of Wata Quality under Section 401 of the Clean Wata '" Act.. If you have any questions, please telephone John Dorney 31919-733-1786. . , 5 Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office Mr. John Dorney Central FIles Division of Water Quality · Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper f State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director AVA DEHNR July 28, 1997 Wilkes County WQC 401 Project #970617 TIP No. B-3080 APPROVAL or 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: You have our approval, in accordance with the attached conditions, to fill in 0.003 acres of wetlands or waters for the purpose of road crossing at Fines Creek, as you described in YOW' application dated 7 July 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local pennits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stonnwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be 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. 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 confonns to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are rmal 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 John Dorney 31919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Dorney Central Files Sincerely, ~~E' 970607.ltr Division of Water Quality . Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer. 50% recycled/10% post consumer paper f 401 ISSUED STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARlAND B. GARRETT JR. GOVERNOR r.o. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY July 3, 1997 U. S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27609 ATTN: Mr. Mike Smith Chief, Northern Section Dear Sir: SUBJECT: Wilkes County, Replacement of Bridge No. 306 over Big Bugaboo Creek on SR 1924; Federal Aid Project No. BRZ-1924(2); State Project No. 8.2760401; TIP No. B-3080. Attached for your information is a copy of the project planning document for the subject project prepared by the North Carolina Department of Transportation (DOT) and signed by the Federal Highway Administration on March 7,1997. The project involves replacing Bridge No. 306 over Big Bugaboo Creek on SR 1924. The new bridge will be placed 70 feet east of the existing bridge, identified as Alternative 2 (see Figure 2 in the referenced document). During project construction, traffic will be maintained on the existing bridge. No jurisdictional wetlands will be impacted by the subject project. As noted in the Categorical Exclusion (CE) prepared for the subject project, foundation investigations will be needed for this project. It is anticipated that this activity may be authorized under a Section 404 Nationwide Permit 6 (Survey Activities). This work would not require notification if not for the fact that this project lies in a mountain trout county. Enclosed is a project site map, as well as a completed preconstruction notification form for a Section 404 Nationwide Permit 6 and 401 Water Quality Certification. These permits are necessary for survey work within Big Bugaboo Creek. The DOT is also requesting that the NC Wildlife Resources Commission provide comments to the COE concerning this permit request. The DOT understands that written concurrence from the (i) 1 \. 2 Division of Water Quality (DWQ) for 40 1 Water Quality Certification (No. 3127) is not required but a copy of the Permit Application is enclosed for their records. General conditions of this 401 Water Quality Certification will be followed. As noted, copies of the CE will be distributed with this permit application. The DOT plans to apply for a Section 404 Nationwide Permit 23 and appropriate 401 Water Quality Certification at a date closer to bridge replacement. If you have any questions or need any additional information, please contact Mr. Phillip Todd at (919) 733-7844, extension 314. Sincerely, . iJ ~in Vick, P.E., Manager Planning and Environmental Branch HFV/pct cc: Mr. Ken Jolly, CaE, Raleigh Mr. John Dorney, Division of Water Quality Mr. Mark Cantrell, USFWS, Asheville Mr. William Rogers, P.E., Structure Design Ms. Stephanie Goudreau, WRC, Marion Mr. Kelly Barger, P.E., Program Development Mr. Don Morton, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Tom Shearin, P.E., Roadway Design Mr. W. E. Hoke, P.E., Division II Engineer Mr. Bill Moore, Geotechnical Unit Mr. John Williams, P.E., Planning & Environmental DEM ID: CORPS ACTION ID: T.I.P. No. B-3080 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : NWP 6 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Planninq & Environmental Branch Post Office Box 25201 2. MAILING ADDRESS: SUBDIVISION NAME: CITY: Raleiqh STATE: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : 3. TELEPHONE NUMBER (HOME): (WORK) : (919) 733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: H. Franklin Vick, P.E., Manaqer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE) : COUNTY: Wilkes NEAREST TOWN OR CITY: Ronda 1 USGS Quadranqle MaP - Ronda SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): NC 268 East from Wilkesboro, then left (North) onto SR 2015 and then riqht (East) on SR 1924. 6. IMPACTED OR NEAREST STREAM/RIVER: Biq Buqaboo Creek RIVER BASIN: Yadkin/Pee-Dee 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [] NO [x] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [] NO [xl 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Sa. HAVE ANY SECTION 404 PROPERTY? YES [] NO PERMIT AND ANY ADDITIONAL CERTIFICATION) : PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS INFORMATION (INCLUDE PHOTOCOPY OF 401 Sb. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [xl NO [] IF YES, DESCRIBE ANTICIPATED WORK: Section 404 Nationwide Per.mit No. 23 for Bridqe Replacement. 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: o acre lOa. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: o EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: o lOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED I PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: N/A FT AFTER: FT WIDTH BEFORE (based on normal high water contours) : FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CONSTRUCTION OF A DAM/FLOODING: CHANNEL EXCAVATION: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : Surveys for foundation investiqations usinq Geotechnical equipment. 13. PURPOSE OF PROPOSED WORK: Foundation Investiqations 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) : N/A 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: By copy of letter (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: April 15, 1996 (See Appendix of attachment document) 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [x] NO [] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [x] NO [] IF ANSWER, TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE ~ORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY ~ BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. AlUH OWNER'S/AGENT'S SIGNATURE 1j~/97 /- -DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 , .~~ -~\ .' ~\~ --- 100 _~.c,--~ I -:::- \ ~ /I \1 II It 1\ " _ ~- c -. - " 06 &'----. ..... - . .-:-:-1 ./ ( I''''-'::~.-''-- "\, Project Site ~~~ - {- . ''''OJ, --;- j /, 'j /, /1 ,~ N?~h. Carolina Department of Trans po ration DIvIsion of Highways Wilkes County '--- / TIP No, B-3080 Bridge Replacement of Bridge No, 306 on SR 1924 over Big Bigaboo Creek J f"-..-/- USGS Quadrangle map of Ronda Scale I" = 2000' -/ ,. 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