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HomeMy WebLinkAbout19920809 All Versions_Complete File_19920108wn DEPARTMENT OF THE ARMY PERMIT NC Department of Transportation Mr. L.J. Ward Permittee PermitNo Action ID. 199200501 , CESAW-CO-E Issuing Office NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: . 3t a cren5 To place fill material into approximately one-third acre of forested backfill a bulkhead wetland adjacent to Little Long Creek to construct a segment of a bikeway along US Highway 52 according to the attached plans. Project Location: Albermarle, Stanly County, North Carolina Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 199 S . If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi- tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina- tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 1 - y-. # e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. MR L WARD PARTMENT OF TRANSPORTATION MI TEE) (DA E) (PER This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. 0- Ilk :ICT ENGINEER) TER S. TULLOCH, COLONEL (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 3 *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425 SPECIAL CONDITIONS 4 1. No wetlands will be cleared or otherwise disturbed waterward (to the " east) of the toe of slope of the authorized fill. 2. All vegetative debris, stumps and unsuitable material will be disposed of on uplands. A map showing the specific location of all disposal sites will be provided to the Asheville Regulatory Field Office, US Army Corps of Engineers as soon as the contractor has identified them. 3. In order to compensate for the unavoidable loss of wetlands resulting from the authorized work, the permittee will debit 1 acre from the Company Swamp Mitigation Bank. This.procedure will be closely coordinated with Mr. David Dell, US Fish and Wildlife Service, Raleigh, North Carolina, telephone (919) 856-4520 and will be documented in writing. 4. A silt fence will be installed and maintained along the toe of the authorized fill through the wetland area to prevent unnecessary sedimentation of adjacent wetlands. ;. -:.. ? . 7 7 v I i J Pic ,... sett •? qaw v0• State of North Carolina Department of Environment, Health, and Natural Resources ' Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 `F James G. Martin, Governor William W. Cobey, Jr., Secretary January 8, 1992 George T. Everett, Ph.D. Director Regional Offices Mr. B. J. O' Quinn Asheville N.C. Department of Transportation 704/251-6208 Division of Highways Fayetteville Post Office BOX 25201 919/486-1541 Raleigh, North Carolina 27611-5201 Mooresville 704/663-1699 Dear Mr. O t Quinn : Raleigh Subject: Certification Pursuant to Section 401 of the Federal 919(733-2314 Clean Water Act, Washington Proposed bikeway along Little. Long Creek., U.S.. 52 919/946-6481 Project # 91809, COE## 199200501 Wilmington Stanly County 919/395-3900 Winston-Salem Attached hereto is a copy of Certification No. 2658 issued 919/896-7007 to N.C. Department of Transportation dated. January 8, 1992. If we can be of further assistance, do not hesitate to contact us. Sincerely, 4e ge T Everett Attachments cc: Wilmington District"Corps of Engineers Corps of Engineers Asheville Regional Office Mooresville DEM Regional Office Mr. John Dorney Mr. John Parker Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Opportunity Affirmative Action Employer ffi s F NORTH CAROLINA Stanly County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of-Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of Transportation pursuant to an application filed one. the 16 day of December, 1992 to fill 0.34 acres of wetlands near Little Long Creek to construct a bikeway along Hwy. 52. The Application provides adequate assurance that the discharge of fill material into waters of Little Long Creek in. conjunction with the proposed bikeway in Stanly County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North.Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application.and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Mitigation shall be done as acceptable to the U. S. Army Corps of Engineers. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null.and void unless the above conditions are made conditions of the Federal Permit. This the 8 day of January, 1992. DIVISION OF ENVIRONMENTAL.MANAGEMENT WQC# 2658 tt, D rector 1 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engine s Post Office Box 1890 Wilmington, North Carolina 28402- Sep . Action ID. 199200501 PUBLIC NOTICE i= /'J VX N The North Carolina Department of Transportation, Division of Highways, Post Office Box 25201, Raleigh, North Carolina 27611-5201, has applied for a Department of the Army (DA) permit TO PLACE FILL MATERIAL INTO APPROXIMATELY ONE-THIRD ACRE OF FORESTED WETLANDS ADJACENT TO LITTLE LONG CREEK TO CONSTRUCT A SEGMENT OF A BIKEWAY ALONG U.S. HIGHWAY 52 AT Albemarle, Stanly County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of an approximately 4,400-foot-long bicycle path along the east side of U.S. Highway 52 between Main Street on the south and Salisbury Street on the north. The southernmost 1,100 feet of path would be situated in seasonally flooded, forested wetlands immediately adjacent to the existing highway embankment. The path would measure 15 feet wide and 8 feet high above natural ground. Fill material would come from an `. as yet unidentified upland source. The wetland is vegetated primarily with sycamore, sweet gum, willow oak, American elm, green ash, and black willow. As mitigation for the loss of wetlan om this project, the N.C. Department of Transportation proposes to debit 34 acres from the Company Swamp mitigation bank. The purpose of the proposed work is to construct a public bicycle path. Plans showing the proposed work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. ,4 • APPLICANT/PROJECT NAME : NC DOT US 52 Bikeway • DEM #: WQC#: MAP #: 91803 2658 • COUNTY: Stanley • LOCATION OF MITIGATION SITE (LAT. AND LONG.) • DIRECTIONS TO MITIGATION SITE: Company Swamp • ACREAGE AND TYPE OF WETLAND IMPACTED: 0.34 • ACREAGE AND TYPE OF WETLAND MITIGATED: 1.02---Company Swamp • DESCRIPTION OF MITIGATION(IN FILE): none • DESCRIPTION OF VEGETATION(IN FILE): none • SUCCESS CRITERIA STATED(if any): none • WHAT IS THE PROJECT STATUS?(mark one): RESTORATION, ENHANCEMENT, CREATION, PRESERVATION • MONITORING PLAN: none • WHICH REGULATORY AGENCIES ARE INVOLVED?: DEM, COE • TYPE OF DEVELOPMENT(mark the ones that apply): RURAL, URBAN, PUBLIC PRIVATE f FIELD INFORMATION • DESCRIPTION OF VEGETATION(AT SITE): • SURFACE WATER LEVEL OBSERVATIONS: • SURFACE AND GROUNDWATER RELATIONSHIPS: • HAVE MITIGATION REQUIREMENTS BEEN MET?: 0 DESCRIPTION OF SOIL SAMPLE TAKEN: DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID. 199200501 PUBLIC NOTICE December 12, 1991 The North Carolina Department of Transportation, Division of Highways, Post Office Box 25201, Raleigh, North Carolina 27611-5201, has applied for a Department of the Army (DA) permit TO PLACE FILL MATERIAL INTO APPROXIMATELY ONE-THIRD ACRE OF FORESTED WETLANDS ADJACENT TO LITTLE LONG CREEK TO CONSTRUCT A SEGMENT'OF A BIKEWAY ALONG U.S. HIGHWAY 52 AT Albemarle, Stanly County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of an approximately 4,400-foot-long bicycle path along the east side of U.S. Highway 52 between Main Street on the south and Salisbury.Street on the north. The southernmost 1,100 feet of path would be situated in seasonally flooded, forested wetlands immediately adjacent to the existing highway embankment. The path would measure 15 feet wide and 8 feet high above natural ground. Fill material would come from an as yet unidentified upland source. The wetland is vegetated primarily with sycamore, sweet gum, willow oak, American elm, green ash, and black willow. As mitigation for the loss of wetlands from this project, the N.C. Department of Transportation proposes to debit .34 acres from the Company Swamp mitigation bank. The purpose of the proposed work is to construct a public bicycle path. Plans showing the proposed work are.included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. "Y NORTH CAROLINA Stanly County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of Transportation pursuant to an application filed on the 16 day of December, 1992 to fill 0.34 acres of wetlands near Little Long Creek to construct a bikeway along Hwy. 52. The Application provides adequate assurance that the discharge of fill material into waters of Little Long Creek in conjunction with the proposed bikeway in Stanly County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-21.7 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Mitigation shall be done as acceptable to the U. S. Army Corps of Engineers. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 8 day of January, 1992. DIVISION OF ENVIRONMENTAL MANAGEMENT WQC# 2658 Everett, JDrector DIVISION OF ENVIRONMENTAL-MANAGEM] December 13, 1991 MEMORANDUM TO: John Dorney ? FROM : ,/ D. Rex Gleason/', ? :: yea PREPARED BY: Allen Hardy SUBJECT NCDOT - Bikeway Permit No. 91803 Stanly County, North Carolina This Office has reviewed the subject 401 Certification and offers the following comments. The proposed disturbance of approximately 0.34 acres of wetlands would appear to be acceptable due to the determination that it is of low value. It is recommended that the subject 401 Certification be issued. If you have any questions or comments, please advise. WAH:se } 4 M spngo State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary January 8, 1992 Regional Offices Mr. B. J. O 'Quinn Asheville N.C. Department of Transportation 704251-6208 Division of Highways Fayetteville Post Office Box 25201 919/486-1541 Raleigh, North Carolina 27611-5201 Mooresville 704/663-1699 Dear Mr. O t Quinn : George T: Everett, Ph.D. Director Raleigh Subject: Certification Pursuant to Section 401 of 919/733-2314 Clean Water Act, Washington Proposed bikeway along Little Long Creek, 919/946-6481 Project # 91809, COE# 199200501 Wilmington Stanly County 919/395-3900 the Federal u.S. 52 Attached hereto is a copy of Certification No. 2658 issued Winston-Salem 919/896-7007 to N.C. Department of Transportation dated January 8, 1992. If we can be of further assistance, do not hesitate to contact us. Sincerely, le ge T. Everett Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Regional Office Mooresville DEM Regional Office Mr. John Dorney Mr. John Parker Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 7clephone 919-733-7015 / Pollution Prevention Pay, An Equal Oppemuniry Affirmative Action 6„plover NORTH CAROLINA Stanly County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N.C. Department of Transportation pursuant to an application filed on the 16 day of December, 1992 to fill 0.34 acres of wetlands near Little Long Creek to construct a bikeway along Hwy. 52. The Application provides adequate assurance that the discharge of fill material into waters of Little Long Creek in conjunction with the proposed bikeway in Stanly County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-21.7 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Mitigation shall be done as acceptable to the U. S. Army Corps of Engineers. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 8 day of January, 1992. DIVISION OF ENVIRONMENTAL MANAGEMENT WQC# 2658 Everett, JD rector DIVISION OF ENVIRONMENTAL,MANAGET December 13, 1991 MEMORANDUM TO: John Dorney cs FROM: D. Rex Gleason' n/Yfl, PREPARED BY: Allen Hardy SUBJECT NCDOT - Bikeway Permit No. 91803 Stanly County, North Carolina This Office has reviewed the subject 401 Certification and offers the following. comments. The proposed disturbance of approximately 0.34 acres of wetlands would appear to be acceptable due to the determination that it is of low value. It is recommended that the subject 401 Certification be, issued. If you have any questions or comments, please advise. WAH:se S4, /ey APPLICANT: A/ C- r`- PERMIT NUMBER: REASON DONE: '0 TOTAL # OF ACRES AND TYPE OF WETLAND: C)- 3,rf LOCATION: OTHER INFO: A .-4' e •-. i?' „ 9 N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE 1-2--12- TO: REF. NO. OR ROOM, BLDG. ?t` VdV,? `\^ oornaG FROM: S -k K REF. NO. OR ROOM, BLDG. _ )g(\ r o e az r ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ,? /'? T?Q FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: 46 4a ?.• _ ?? Q?urn ?s STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY January 2, 1991 Mr. G. Wayne Wright Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Subject: DOT Project: BIC 3-90 - Bicycle COE Action ID: 199200501 Dear Mr. Wright: DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR yl We have noted your concerns about the construction of a bicycle trail in Albemarle in your December 12, 1991 letter. Mr. Larry Gordon, District Engineer, has addressed the first two issues (a and b) in a facsimile dated December 27, 1991. A copy of this FAX is attached. The Department of Transportation has not considered near or on site mitigation (issue c). Although these are often appropriate alternatives, we felt debiting the Company Swamp was the best alternative in this case. The Department is wholly congnizant of cumulative impacts, ecosystem functions and values, habitat fragmentation and other issues, particularly as they relate to wetlands. However, we feel that an appropriate debiting of the Company Swamp would adequately compensate for the loss of the wetland resource in this case. We propose to debit one acre from the Company Swamp for this project. This is approximately a 3:1 mitigation ratio. If you have any questions, please call Mr. Dennis Pipkin, P.E. at (919) 733-9770. Sincerely, f B.J. O Quinn P.E. SRK/srk An Equal Opportunity/Affirmative Action Employer ,_p Enc. cc: Mr. Steve Lund, COE, Asheville Mr. John Dorney, DEM-DEHNR L ?O 100ON -- Ad00 j? eM y JAMES G. MARTIN GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 716 west Main Street Albemarle, N. C. 28001 December 27, 1991 DIVISION OF HIGHWAYS THOMAS J. HARRELSON WILLIAM G. MARLEY, JR., P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR MEMORANDUM TO: Steven Kroeger, Planning & Environmental FROM: Larry N..Gordon, District Engineer Ale- We have reviewed the additional information requested by the Corp of Engineers and I am giving you our response to (a) and (b). a. we investigated the possiblity of placing the bicycle path along the creek where the sewer line was constructed. There is an Albemarle City Park located between US 52 and the creek which has tennis* courts between the ball field and the creek. The area where the sewer line is located is in close proximity to the tennis courts. The sewr.r line and the tennis courts and any area near the creek is in a flood plain and is under water several times per year. The water has destroyed the tennis courts to a point where they are not usable. City officials along with our engineering staff do not feel we can locate any closer to the creek because it'is in the flood plain area. We did riot consider placing the bicycle path on an upland area because this would be on the opposite side of US 52. This would be very inconvenient for the public to use with no parking on that side and all park facilities on the opposite side of US 52. There are also three businesses which have their buildings adjacent to US 52 on the western side. These are old buildings which were in existence before US 52 was contracted. They are located. within fifteen feet of the right of way and they are presently in use. They would have to be relocated and this would be expensive, b. We determined that if we placed the bicycle path parallel to US 52, we will use some of the existing right of way and.only affect the wetlands to a small extent from Sta. 5+ to Sta. 14+. We are placing the bicycle path only five feet behind the existing curb and gutter and it would be desirable to have the path further from the US 52 traffic. We are going to reduce the width of the bicycle path, the soulder width and the slope is going to be steep enough to warrant a bicycle rail in this area. We could have requested that the path be further away from US 52 with a wider shoulder and acceptable slopes for bicycle recovery, and this would have extended into the wetland approximately fifteen more feet. An Equal Opportunity/Affirmative Action Emplbyer $ t' - .A JCIQ By placing the bicycle path as close as we can to US 52, we have eliminated the need to use wetlands from Sta. 33+ to Sta. 38+. Considering all. possibilities and location, our staff concurs that the one recommended is best for all parties involved and the wetlands will be least inpacted with this location. LNG/cga TOTAL P.03 A State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor William W. Cobey, Jr., Secretary January 3, 1992 MEMORANDUM T0: Dr. George T. Everett, Director Division of Environmental. Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review Roger N. Schecter Director s» The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200501 dated December 12, 1991 describing a project proposed by NC DOT, Div. of Highways is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 22, 1992. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor William W. Cobey, Jr., Secretary January 3, 1992 MEMORANDUM T0: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review Roger N. Schecter Director The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200501 dated December 12, 1991 describing a project proposed by NC DOT, Div. of Highways is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 22, 1992. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID. 199200501 December 12, 1991 PUBLIC NOTICE The North Carolina Department of Transportation, Division of Highways, Post Office Box 25201, Raleigh, North Carolina 27611-5201, has applied for a Department of the Army (DA) permit TO PLACE FILL MATERIAL INTO APPROXIMATELY ONE-THIRD ACRE OF FORESTED WETLANDS ADJACENT TO LITTLE LONG CREEK TO CONSTRUCT A SEGMENT OF A BIKEWAY ALONG U.S. HIGHWAY 52 AT Albemarle, Stanly County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of an approximately 4,400-foot-long bicycle path along the east side of U.S. Highway 52 between Main Street on the south and Salisbury Street on the north. The southernmost 1,100 feet of path would be situated in seasonally flooded, forested wetlands immediately adjacent to the existing highway embankment. The path would measure 15 feet wide and 8 feet high above natural ground. Fill material would come from an as yet unidentified upland source. The wetland is vegetated primarily with sycamore, sweet gum, willow oak, American elm, green ash, and black willow. As mitigation for the loss of wetlands from this project, the N.C. Department of Transportation proposes to debit .34 acres from the Company Swamp mitigation bank. The purpose of the proposed work is to construct a public bicycle path. Plans showing the proposed work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. n N y -2- The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is'not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this DA permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the DEM for certification. A d -3- Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, DEM, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The DEM plans to take final action in the issuance of the Clean Water Act certification on or after January 4, 1992. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the DEM, U.S. Box 27687, Raleigh, North Carolina 27611-7687, on or before December 30, 1991, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m., January 13, 1992, or telephone (704) 259-0857. t. n O 9 A 0 4 I Ac T I'll 33 S 7 Metthe? 9melnlle yea, p\ a /Toad • /' Wed ??•alarvl AI ` ] N ul ? ' ' ] W ,.how s ?-w- wra... 5 i ? E ."a 1 « It O 7 ?, 1! Newt .. -a - Ethel' 1. ,$paf"I! Re00MS ° r} 1 Morn ?leasaht `1S •?M FOR, file ;• ' 1 S ] PROJECT ! # * !1 O O ' R 1. A f R U S/ Ikow MONT O En I I ?corthaee ] t I ' limeer7 NarrlaMae S t ,• 4b" ltamarcand Hill GesI ! 601 1 S A, c. t E Ile Serene: L d AA locust 11 a i s POrtee 1 , WsaeRlie ;]q , • ' t even Lakes ' 7 ` ] , 1 Red Goss = Sl 06• S r' ] D 1 ] Eastwood e+ MldbnO 4e r e«v West Emt s ommora Altm ? tanhN c t aiv uadale ? red c?? -??? ? S t r t ' 1 r e PeLm ] aMSO fir,,. • 1 ' : S (t 7 ,a 13 1' ?? 1 v e?`r",•,?. Norman r. ,Plnehwst S , r? 1 adar Hill R 1% i... S ?• ..,` - t• Salem- .? . p ?••o./ AEaidee0 . lr ?? Pmehl?ftti•• Anson.llle 1 \r' Y . la ; talines a : Jjnwnvrne v / of u ,o It !a g J , y !h r Eltaes 1 J I, 1 1 0 N !' !, e "•?;,; ° R I C H M O N C{= n8ake/i 7 1 ?' 1.a4• s.a M ,.» jNoIt an 1 r * wONot+ S csa . allow Z.v s.. ?i 1 .? - - a '•? 1 Roherdel Marsl •. 17 S'1\ 1 Wingate Marshwlle L Pa and 7 deawlle a ? , Wades Oa t , enac ft7 kiaghs Alma 77 ? ` nrles I? ti?rt White Star . ! amiet7kL' SCOT D. VICINITY YAP ALBEJMARLE L a \. ,Dw JIM 1. Pa. ts.t?o \\ im! 7 PROJECT ISO h^ 'ei a2 tN /N7 D W ?r .. ee L !v2s .>pZ Ips !Ate Irt2 .» ?„ W y t yr .oa M rq o ' 31 7M0 8 'n C Q 1? „...::::: paa 17 73 27 D ki p LOCATION YAP t, N. C. D.O.T. DIVISION OF HIGHWAYS ;. STANLY CO. .'' PROP. BIKEWAY CONST. ON U.S. 52 (TIP 810-90) IN ALBERYARLE Pg-LofA v . ? 4 Z O Q a ?o w qr z V 0 aC W O Q. ^? v i Q00 1t 4 40 \ h W CO LQ 00 AX/ NN ? W ko i 71 v) %n I ?. 1 LL"yy?? I WCo lie ? J nivisia ee.n a ut v z 7. 0 Zt 43 E- 0 CODA = cd z V Q 0 a 4 .1 m O? AtArC 2Ce 1 1\ 1 \ I Q J I II I ? . \a } N of Curb • 7 = C C2 a 9 rn A 60 ? • C ' ..... 1 . • : i %4L DENOTES FILL IN WETLANDS . . 0.0 7 oTOTAL ACREAGE 0.34 Ac. SCALE i"=601 m ` ' N. C. D.O.T. • 1 ,, ? ?c :.,, , DIVISION OF HIGHWAYS STANLY CO. • ( PROP. BIKEWAY CONST. 52 (TIP 810-90) S ON U m } . . •• = Wetland Boundary IN ALBERYARLE Pg,3-ofA j • ?• `rletland Boundary 'e L ' 4,6 Fast yF` G 1• 'rc ?`"?h ??. • - .t _ s ° c s w ? O 0 ? N ? - _ ? TI = N t!s PC cp N 70 CCI DENOTES FILL IN WETLANDS ??` ' `t• TOTAL ACREAGE = 0.34 Ac. • R ??4, %4, SCALE 1"=60' '.'! ••,. •p'^t •• _`•• i •..';Y; •..?, •iY •``?®°? %' ` .DIVISION OF HIGHWAYS y.e STANLY CO. PROP. BIKEWAY 'Y?'•: = '?6 CONST. j.' ??, • x, ,.: ti«_ ; •:,s«. U.S. 62 (TIP BIC3-90) ON ;av:::::Y::e=• > ; :j{ .: s°o?:; ?` (???g °?: • ?,:e;::.; "??,??'`' IN ALBERMARLE PgAofA !°'a.?t';'. ?. v.s. i?•^r.?•i:• „e:???a: .'a; :w y71•?y••`•A.n '°• •V -'?'°:?•.14 '?:i.,QS s°. •° . r' 1W mr Ay DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 "' Wilmington, North Carolina 28402-189 a Action ID. 199200501}3 e.Y? 199 4 PUBLIC NOTICE The North Carolina Department of Transportation, Division lorf`=-R=ghways, Post Office Box 25201, Raleigh, North Carolina 27611-5201, has applied for a Department of the Army (DA) permit TO PLACE FILL MATERIAL INTO APPROXIMATELY ONE-THIRD ACRE OF FORESTED WETLANDS ADJACENT TO LITTLE LONG CREEK TO CONSTRUCT A SEGMENT OF A BIKEWAY ALONG U.S. HIGHWAY 52 AT Albemarle, Stanly County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of an approximately 4,400-foot-long bicycle path along the east side of U.S. Highway 52 between Main Street on the south and Salisbury street on the north. The southernmost 1,100 feet of path would be situated in seasonally flooded, forested wetlands immediately adjacent to the existing highway embankment. The path would measure 15 feet wide and 8 feet high above natural ground. Fill material would come from an as yet unidentified upland source. The wetland is vegetated primarily with sycamore, sweet gum, willow oak, American elm, green ash, and black willow. As mitigation for the loss of wetlands from this project, the N.C. Department of Transportation proposes to debit .34 acres from the Company Swamp mitigation bank. The purpose of the proposed work is to construct a public bicycle path. Plans showing the proposed work are included with this public notice. 'The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. r -2- The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of_the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to._the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this DA permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the DEM for certification. Y t i -3- Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, DEM, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The DEM plans to take final action in the issuance of the Clean Water Act certification on or after January 4, 1992. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the DEM, U.S. Box 27687, Raleigh, North Carolina 27611-7687, on or before December 30, 1991, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m., January 13, 1992, or telephone (704) 259-0857. F1 l A V I 2 O O O I IM7 :axis: retl ..w.aatfr%3'ai _. LOCATION HAP 4 T III ae Matt t\ Par all NMa, p 6 ?iris-, r • / " Wed ;?•klarw MI 6 d cal ? ' ' lWaaaaw s 11 7 • • • a - It . New, t r c a Now Rae0lns ? ? . r . ? °"d°r? ,Y ? • ? ,`:' + 1 { ? .mss ? Jr. 1 Mows Pfeassat FOR ar d 1 la 11 PROJECT f * « *. O O R Isc 1 ? 11 4Carthas A R U S/ Ibemad I MONT O ERY t ITO s Larrleeft a' w 1 Narnselat ! ! tSarnartand Hill Crest 601 s S A, Y S ;. 1 r. ca 1 r, E.tle Sonny 6 e.r Locust 11 s i, .P«fer,L I , Wadtolt ;lyt t 1 1 even Lakes r + t r Red Cross = 51 4J' ...a.• A b `'•-; r 7 Eastwood % \ / A Midland 1 Qi . Iwv .. 1 west End s Alien . cannel - c i tiw 6 liadale ad aunt'y' L 1 ! ! ' ' 6 s r I 1 ' ! I (e 7 ~ b ! Ptbn _ _ t aekf Gti,• • 2 A Krr \J! f r0 73 ? ? "N«man ?,rrmts w rK1NMf1 4 / r 1, Tanwew T3 S t?.• ru a Ccdar Ndl ; t % r.... • ew Salem' •j . M1 .t• ?, /o.l AOerdKp .. fw: V ' /e An ' ?. !r'^ W la Frnebluff ,.- 1. dalints nronville sonwdt 1 •,,, \'? `?/ ?l ?' l 0 76 10 ,? / ll a N g 7 Elleree ' '? ,, "r•?•^ R I C H M O N t Nolfan * r * M/ ,' 0 ! N cs+ akta. ?+ .r Full. 9sker I I..rM ?;p fn.Aar aw ••« 7 ` \ 1 .? - - - s s Roe•rdel Msrst / 71 --\ s W,ntNtMarslnnlla 6 P• and 1 des'elle e S 1 f Wadese« t i-- Cognaci? free 'i ocki IN sln.ra not Wnrte star 11 + car ' t ?miehk ,SCOT D VICINITY HAP r ?O ?, - . Iba ALBEMARLE a b - ?\ 1. AIL P9?. 13,110 \\ 4a \ rMr i n 6'?^ PROJECT ' INf 15 ;:,-?,a:., ••. as ' 1.10 -ftj d rw y71 • .» w !pa W. a • lt•o .pul as V 4? fW a ? Iy ? \ ` ?•, •J ?` .17a7 1 N. C. D.O.T. DIVISION OF HIGHWAYS STANLY CO. PROP. BIKEWAY CONST. --1 ON U.S. 52 (TIP BIC3-90) I IN ALBERMARLE Pgj_ofA I 'v A.. A ar OP a O Q a a ?o i? w qc Cu Lk 0 14 W 3 v Y m ?. e o N o N? N WW O Q. 1? a = k Q LV O \ La V4 i Q? ?IIW . Q ?° o / o Q ?1 ? h iQ 0 w o?J L 1 e? w All/ W w?l -Ta N. Q: %n th k. N. 1 ?e wCO F?l z z A ZW t- aA cc ad WV Z U °a a a W -00 IWATC J 11. -0 r i\ I Face-FocC `- ol° N z rN.+ ? N C .. y o r Vy. ? •4 C0 . fq go -4 z ?o N ccl C. T r - t- t : :. .. • : ' ..... ' DENOTES FILL IN WETLANDS . "4 TOTAL ACREAGE 0.34 Ac. SCALE 1"= 6 0! N. C. D.O.T. ,. moo.. DIVISION OF HIGHWAYS d r Z-c STANLY CO. PROP. BIKEWAY CONST. 52 (TIP 910-90) S ON U . . i Wetland Boundary _o fA IN ALBERNARLE Pg,3 f I A a I z; a 1= ?• letland Boundary. ` •Q• • _ • PIZ• .. • .. Ilk .- - .;. , . •• a n!• `< _. ;a ^`- ''/??.- , ' Fay 9 Fact i. '•? . ??,? ?? . , f• ? • - - ?. . • ofav•r ?'yps._ •. .? - _"'? ?n . Is rn _ `arcs iq /O•y? '? T N N + 1 4L ' •! f!1 Ni v 70 .4t k 70 ull C31 = DENOTES FILL IN WETLANDS Aft ? t K TOTAL ACREAGE -= 0.34 Ac. SCALE 1"=60' i •'':;. .f ~' N. C. D.O.T. DIVISION OF HIGHWAYS ^'?:r ., ,;.. •?„ w,w° STANLY CO. i,r Vii. .J •'•: * • ` gyp` !?• "? s:, PROP. BIKEWAY CONST. r?`ss::a:x ::, - c.?:,?'f%.:• ti :. ?fj6ti`'? ;? ON U.S. 52 (TIP 810-90) Y:.? if'+\,".?1,.%*.: iM. ?'? •? • ., i i?'.???j![i.: ,•?.•S'• •?J.:•. +I` • IN ALBERMAR 0 ,? Il.. /. .1 •• S.•f'?%?, L:. •?f•!:..i; 4;aw.?y ,?. ?? - ?• r'V'.a LE Pg?o fA iw'..r."i;. rfk• .vs.S7.'::. .a:• :...v. •;i: :. ?,. ?.!:?(''V i:.. :`e`.. ?!•?`??. •°.a i. '?..Q.° DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 12, 1991 Regulatory Branch Action ID. 199200501 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: 7 8 q ? 1„3 .11 T cr) dry' C6 -4 Enclosed is the application of the North Carolina Department of Transportation, for Department of the Army authorization and a State Water Quality Certification to place fill in forested wetlands adjacent to Little Long Creek to construct a segment of a public bicycle path at Albemarle, Stanly County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by February 10, 1992, the District Engineer will.deem that waiver has occurred. Questions or comments may be addressed to Mr. Steven Lund, telephone (704) 259-0857. Sincerely, e Wrig Chief, Regulatory Branch Enclosure qr -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 •' T r . _r qDy /IM04 ? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY October 30, 1991 District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: RECEIVED NOV 4 1991 REGULATORY BRANCH DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR SUBJECT: Placement of fill in wetlands along Little Long Creek, Albemarle, Stanly County, NC, The North Carolina Department of Transportation (NCDOT) plans to construct a bikeway along US 52 in Albemarle. The construction of the bikeway will impact 0.34 acres of wetlands along Little Long Creek. Application is hereby made for an individual permit to place fill in waters of the United States. NCDOT is also making application for 401 water quality certification with the North Carolina Department of Environment, Health and Natural Resources. Wetland vegetation consists of Platanus occidentalis. Liauidambar stvraciflua, Salix nigra, Ouellos pheilos, Ulmus americana, and Fraxinus spp. NCDOT proposes to debit 0.34 acres from the Company Swamp mitigation bank as mitigation for the loss of wetlands impacted by this project. Please contact Dennis Pipkin at (919) 733-9770 if you have any questions. Sincerely, L.R. Goode, Ph.D, PE Director, Programs, Policy & Budget LRG/dpk; srk An Equal Opportunity/Affirmative Action Employer Y ?? Y 41 cc: Mr. John Dorney, DEM, DEHNR Mr. Kelly Barger, PE, Project Management Unit Mr. G.T. Shearin, PE, Roadway Design Mr. Don Morton, PE, Highway Design Branch Mr. A.L. Hankins, PE, Hydraulics Mr. John Smith, PE, Structure Design Mr. Larry Gordon PE, District Engineer Mr. N.L. Graf, PE, FHWA - RECEIVED AdOO • IOGON '? . :: NOV 994", ? am } - . , yt . Yj,. r?• .`f ., i. '.F L . REGULATORY BRAI1tGH °.. . • _ PERMIT TO EXCAVATE AND/OR FILL WABQUALITY CERTIFICATION EASEMENT IN LANDS QOVERED BY WATER CAMA PEW11T FOR MAJOR OEVELOP61FNT Oepartamt of A/wdebtradoe State of Noah Carolina Co (GS 146121 Oepartnnnt of Haawal Reseums &W Co?wTUe 3.+r?Mt C owO((Embs"t„?pKw" Otstric (GS 113.221,143.215.3(a)(1).143.21S.3(c). 1134••-7 (33 CFR 209--0.3291 Please type or print and Of is all blanks. If information is not appliabk, so =law by placing N/A in blank. ATTN: Dr. L. R. Goode, PE, PhD, Director, Programs, Policy and-;Budget 1. Applicant Information A.Name _ N. C. Department of Transportation - Division of Highways Last First Middle .8. Address P. 0. Box 25201 street, P. O. Box or 4.uw j _Raleigh, North Carolina 27611 (919) 733-2031 City or Town State Tap Code Phone ?•:= If. Location of Proposed Project: A. County Rtanl y B. 1. City, town, community at landmark Albemarle 2. Is proposed work within city limits? Yes X No C Creek, river, sound or bay upon which pr+o ject.a located or nearest naves aody of water to project Little Long Creek 111. Description of Project A. 1. Maintenance of existing project 2. New wort Pronncarl bikeway 8. Purpose of excavation or fill ' sits 1. Access channel - N/A _Iength width depth ' 2 Boat basin NIA engt --width _---depth I . Fill area qi ii tshl P material length 1100' ` t . It 13.51 depth 7' (0.34 acres) 4.0 ther length._width depth C I. Bulkhead lenngth N f e Average distance waterward of MHM saor r.*) '2. Type of bulkhead construction (material) N/A 0. Excavated material (total for project) 1. Cubic yards None 2 Type of material • 0. E. FRI material to be placed below MHW (see also VI. A) 1. Cubic yards None 2. Type of material cam,' IV. Land Type, Disposal Area, and Construction Equipment: v: ?'11p? A. Does the area to bexltCali7?+nclude any marshland. swamps or oche.. •aandi Yes _X No 8. Does the disposal area include any marshland. swamps or other wetland Yes N/A No C Disposal Area 1. Location -- N/A 2, Do you claim title to disposal areas N / A 0.' Fill material source if fill is to be trucked in Suitable upland site E. Now will excavated material be entrapped and erosion controlled? By stringent erosion control methods. F. Type of equipment to be used Dumptruck an motor grader G. Will marshland be crossed in transporting equipment to project site? r eaola% n No • 1000N - Ad00 ?. lOO7N - Ad07 V. Intended UaUot h+o(eet Ares (Describe) A. 1. Private z Commercial 3. Housing Development or Industrial 4. Other ___ Pub1_;c bicycle transportation B. 1. Lot size(s) N/A 2. Elevation of lot(s) above mean high water- N/A 3. Soil type and texture N/A 4. Type of building facilities or structures N/A cis Zr. L S. Sewage disposal and/or waste water treatment A. Existing - N/ A Planned B. Describe - N/A 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Loci Lind Use Plan Synopsi VI. Pertaining to FBI and Water Quality: A. Does the proposed Prolat involve the placement of fill materials below mean high water? Yes No X _ S. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the' area 1`6110win8 Project completion? Yes.X_ No 2. Type of discharge Stormwater runoff 3. Location of discimp-Alon_o oroi ect VU. Present rate of shoreline erosion (if known): N/A VEIL List permit numbers and issue data of previous Department of Army Corps of Engineers or State permits for-. work in project area, if applicable: - N/A IX. Length of time required to complete project:- Two mnn -hc X in addition to the completed application twn% the following itertns must be provided: ? i A. Attach a copy of the deed (with State application only) or other instrument under which'applicant claims title to the affected property. OR N applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. 8. Attach an accurate work plat drawn to sale on 8% X 11 white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adiacent riparian landowners by registered or certified mail or by publication (GS. 113229 (d))Enter date served O. List names and complete-addresses of the riparian landowners with property adjoining.appikant's. Such owners have 30 days in whicli to submit comments to agencies listed below. SPo attach d sheet X1. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Grolinak approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this cation and lean, appli- cation Applicants should therefofe describe in the application and plat all anticipated devel- opment activities. including construction. excavation, filling, and lanA clearing. ?r DATE Applicant's Signature f • ? r a N.C.D.O.T. DIVISION OF HIGHWAYS STANLY CO. PROP. BIKEWAY CONST. ON U.S. 52 PROPERTY OWNERS MS. JOYCE M. RUSSELL MARTIN MILLS INC. C\O UNION UNDERWEAR CORP. INC. ONE FRUIT OF THE LOOM DRIVE BOWLING GREEN,KENTUCKY 42102-0780 SERVICE DISTRIBUTING N. 2nd STREET ALBEMARLLE, NC. 28001 0 v' I z rn a A v I z 0 0 1 f 7. r i c a rrw Ro00lpt '" r M Moon rlt SAW FOR, j 7 PROJECT k r * ; 6,te* ' II ?O O R ltt l a M '. _A_a R U S,/ IOemx1 M O N T O H ER Y' 770 ?c«th•«: ?` 1 • -c NnnaCwt X11 t l•mE«t 7 - t a' • Isar•«eand Hill Crest 7 s S A. Y ;. , •F=?' CA 7 r fstle Spneta r Ne+I x 6 I+? r' Locust II s i • •P«tn wa•eeA1e ,ryp t t ,t even takes a t , f r It Goas o. 5? .ob• 5 ; ..: 7 , 1 Eastwood Ch?ott'e M1. . 7 _ Oakh«o , z r A+v r- 1 If West End , , ^ Allen I tanlrel f i r+w 6 raundsle k 1 S l • t 9 I .. J 71 ~ F t Pakm 1 lacks ??• 7 min 111 ro S "ts 1 t ? ! Afi. _ ? ? ? t •1.?w• Naman - ?. ? rneMwsl 5 r s ,?.. MECKLE G larrvrew r ?- /J „ ?\ New Salem Ce \ Air 04.11 ; %:..Aherdeep 1 1. - `j Y.IIa Ansonnue ti+ 3?A'3 S 7 Matthew tslBnts b`, %l unrorrvme P,eewlla M on 11 , le 17 11 r 14 t o ,Y, ? Ellerpe 1 1 ,! . / t ,%? ' ?Il ?•^ R I C H M ON j • ?' Wed rnttoon * I O N aktap $ * ?a/h HoO an %11arw B•k«i r * MtlllfOf4 S esr I 1'?4 11:0 s....s.e, e„ A'•- 7 ` MI ` 1 1 .? - - t f 900«del M«at •./ „ ^-4\ / k 6 Wentate$_Marsh" IIa L We • We 7 destwr des»ue a .. gnal: 7 w 17 a ul ?WAR naw' sat 1a A S O N *? l? white St« 11 - _ . + ?r a t amlet* SCOT D VICINITY HAP latt y A.LBEMARLE ! lei a ? . '?i J PO?. 13,110 V PAU l ? . .71 r ? ?a rat t PROJECT no u? ? ?n`n ("? IfIJ. It.l 37 ve 7Ao ``'ra'f d`1-x,,,":?u •i Ca .30, lets d t,e, ? et71 7 ' IF S,. e /0000 v." r. 2 ?. !t•s ? c: ? ?? >a I7at - \e , 8 '• /..!f:t:r:' •?_a: i° V C Y Q .. 'iSi:i:i:'r!,. ; • .13 73 .tie •?. loll ? ? ,Nil::Sit? t`:::.:>.:::, 4. r r eM) s ':::r• se s7! PAP / <'n y '? ,nt ?'.;x;. ..harrrtf05B ? _. LOCATION HAP N. C. D.O.T. ?v DIVISION OF HIGHWAYS STANLY CO. ' PROP. BIKEWAY CONST. ON U.S. 52 (TIP BIC3-90) 1 I II IN ALBERMARLE Pg I ofA o. v' I n a; a- 1 oa ? i f two Ltd LL 0 ot4jC Q•Qt? ???? W . to LZ z -C cc st v0 faa E- Z Q O ciz 00 +y ? ? a 431 CO 64 Q. N o ZPV c~n N ui kO w I W y F N. C. D.O.T. I I o: 0 I_ r• , t d O4 ?i \ II \ 'rl I ?O r `. I `` 0 Face - FncC v, of Curb q M ua Q+ -+ c I ca -4 `k 2 r f7 aw N - Ul 0 = 53 O ` ,4• ?... `t DENOTES FILL IN WETLANDS ~( z ?? ?,?•'•' TOTAL ACREAGE = 0.34 Ac. , 3 :. ?^ goo ?..?: : : • . . SCALE 1"=60' N. C. D.O.T. . DIVISION OF HIGHWAYS d I • _ r z? STANLY CO. - ^+ - PROP. BIKEWAY CONST. ON V.S. 52 (TIP BIC3-30) Az Wetland Boundary IN ALBERYARLE Pg,3_ofA 0 i Z: a I ?: m• ?, etland Boundary 7.1 s4Xt, ' . 49 2 •\ C O A 1 \t Z C -n Z = C? .-. c = C r . Yi ?~ N ? ?Q C s 7 'N e7 7D C 7? o QTI t DENOTES FILL IN WETLANDS TOTAL ACREAGE = 0.34 Ac. \i SCALE 1 60 e k. N. C. D.O.T. DIVISION OF HIGHWAYS STANLY CO. PROP. BIKEWAY CONST. ON U.S. 52 , ?. t, _ • ?; ; :4 : A., '- •:;' (TIP BIC3-90) ?, .. !mss;; •v: : Si,''`. • ?; : ?? t `'?-'•'`.?:e ` '?' ???' IN ALBERMARLE Pg14 of l.:Y. i.. 'i i'.'t'i'. fv.F.ii::. .v. w:. ?.?w "1:'. y..t •1•.r.• •'?^':•• 1;n. _Q_ ,r. S7A7F q, ^i ?1.i 1.. STATE OF NORTH CAROLINA ' DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 £'... co b?vtbION ,, JAMES G. MARTIN IGHWAYS GOVERNOR THOMAS J. HARRELSON SECRETARY October 30, 1991 District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR SUBJECT: Placement of fill in wetlands along Little Long Creek, Albemarle, Stanly County, NC, The North Carolina Department of Transportation (NCDOT) plans to construct a bikeway along US 52 in Albemarle. The construction of the bikeway will impact 0.34 acres of. wetlands along Little Long Creek. Application is hereby made for an individual permit'to place fill in waters of the United States. NCDOT is also making application for 401 water quality certification with the North Carolina Department of Environment, Health and Natural Resources. Wetland vegetation consists of Platanus occidentalis, Liauidambar styraciflua, Salix nigra, Ouellos Phellos, Ulmus americana, and Fraxinus spp. NCDOT proposes to debit 0.34 acres from the Company Swamp mitigation bank as mitigation for the loss of wetlands impacted by this project. Please contact Dennis Pipkin at (919) 733-9770 if you have any questions. Sincerely, L.R. Goode, Ph.D, PE Director, Programs, Policy & Budget LRG/dpk/srk An Equal Opportunity/Affirmative Action Employer