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HomeMy WebLinkAbout19900285 All Versions_Complete File_20100726 V Gu+r State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 February 19, 1990 R. Paul Wilms James G. Martin, Governor William W. Cobey, Jr., Secretary Director Dr. L. R. Goode, Ph.D., P.E. North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Dear Dr. Goode: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Replacement of Bridge with Culvert North Carolina Department of Transportation SR 1126 - Possum Swamp - (Upper Broad Creek) Pamlico County Attached hereto are two (2) copies of Certification No. 2431 issued to North Carolina Department of Transportation dated February 19, 1990. If we can be of further assistance, do not hesitate to contact us. Sincerely, eorge T. Everett Director Attachments cc: Wilmington District Corps of Engineers Washington Regional office Mr. William Mills Mr. John Parker P..( ). Box 27687, Ralcigh, North Carolina 27611-7687 "Icleplione 919-733-7015 NORTH CAROLINA Pamlico 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 North Carolina Department of Transportation pursuant to an application filed on the 3rd day of January, 1990 to replace an existing bridge with a culvert on SR 1126. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Possum Swamp (Upper Broad Creek) in conjunction with the proposed culvert construction in Pamlico 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 50 NTU's or less are not considered significant). 2. That the replacement of the bridge with the culverts shall not cause restriction of the flow in the stream beyond that already caused.by the bridge. 3. That erosion control devices be in place prior to earthen movement in the wetlands. 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 19th day of February, 1990. DIVISION OF ENVIRONMENTAL MANAGEMENT &&4-6Mz& George T. Everett, Director WQC# 2431 DF/CAMA/401 REV PROJ#:00774 PROJECT: /VL'?o7-?`~°'`?- COUNTY: REGION: 0 ASSIGNED TO: DEBORAH SAWYER JOINT NOTICE: TYPE CERTIFICATION RECOMMEND DATES 404 PN 401 REQ:\ ISSUE: RECEIVED: '70010-3 CAMA ONLY: GC: DENY: INITIAL REPORT: q(Ip/?? DF/CAMA SWPRE HOLD: FINAL REPORT: RECEIVING STREAM: ?..yp??,,, S CLASS: G? SW BASIN: COMMENTS : il? 6L ? aye e?c's?'°?'X ? l Copies: WaRO - Central - Mills - DCM Washington Elizabeth City Morehead City John Parker, Raleigh Central r State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor . William W. Cobey, Jr., Secretary George T. Everett Director December 20, 1989 Mr. R. Paul Wilms, Director Division of Environmental Management Raleigh, North Carolina 27611 bear Mr. Wilms: The attached copy of an application submitted by: __NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Applicant's Name BRIDGE #2 SR 1126, OT,vMPIA PAMLICO Location of Project County _ X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than January 4, 1990 Sincerely, w?.1 h R. Parker, Jr., Chief Major Permits Processing Section JRP:ap:2480 11.0. Box 27687, Raleigh, North Carolina 2761/7687 Telephone 919-733-2293 `Ygsy?4'GcF?L A ?oyFO Jry? OFF?cF ° 31`9,9D An Equal Opportunity Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT Lat:35110152" FIELD INVESTIGATION REPORT Long:77157140" 1. APPLICANT'S NAME North Carolina Department of Transportation 2. LOCATION OF PROJECT SITE SR 1126, Olympia, Pamlico County; *AERIAL PHOTOGRAPHY NOT AVAILABLE* 3. 4. INVESTIGATION TYPE: DREDGE & FILL INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 11-15-89 (B) WAS APPLICANT PRESENT NO REVISED: DECEMBER 12, 1989 5. PROCESSING PROCEDURE: APPLICATION RECEIVED November 8, 1989 OFFICE Morehead City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Pamlico County LAND CLASSIFICATION FROM LUP Rural/Conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP NONE (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS -X ESTUARINE WATERS OTHER (C) WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING NONE PLANNED NONE (F) TYPE OF STRUCTURES: EXISTING bridge _ PLANNED replace bridge with pipes (G) ESTIMATED ANNUAL RATE OF EROSION -0- SOURCE observed 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS NONE DREDGED FILLED OTHER (B) NON-VEGETATED WETLANDS: shallow bottom 1800 sq.ft. 2250 sq.ft. (C) OTHER: highground above NWL 720 sq.ft. 2000 sq.ft. (D) TOTAL AREA DISTURBED: 6770 sq. ft. X CAMA 8. PROJECT SUMMARY: Applicant proposes to replace bridge with 3 pipes FIELD INVESTIGATION REPORT - NOORRTHCAROLLINA DOT SR 1126, PAMLICO PAGE #2 9. NARRATIVE DESCRIPTION: The North Carolina Department of Transportation wishes to replace Bridge #2, 1126, across a tributary of the upper Broad Creek known as Possum Swamp, near the community of Olympia, in Pamlico County. Directions to the project would include: Follow 55 East from New Bern, turn left on SR 1126, go to Bridge #2• The project site is very rural with only a few houses located at the end of the road. Possum Swamp is classified as 'Inland Waters'. The waters adjacent to the existing bridge are considered to be Public Trust Waters. The existing bridge is approximately 31' in length, however, the height of the bridge above the creek precludes any navigation. 10. ANTICIPATED IMPACTS: The applicant is requesting to replace the bridge with a culvert crossing. Some excavation will be required to obtain the proper grade for the 3 pipes. Excavation below NWL would be 72 cu. yds., above NWL excavation would include 93 cu. yds. with 80 cu. yds. of fill below NWL. Total amount of fill would be 340 cu. yds. No coastal wetlands would be affected by the project, however, COE 4NWLewouldsinmay be clude shallow bottom habitat. excavation n below PREPARED BY: CHARLES O. PIGOTr DATE: DECEMBER 20, 1989 Please type or print- Camfully dcsuibe all an, ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write NIA (not ap- plicable). Items 1-4 and &9 must be completed for 211 projear. Adoz) d. Describe the planned use of the projecc. Public Transportation - --------------- W - M M ON ?ffi- Mt J= 2. North Carolina De . a. Name L. R. GoodeP5.6.-; tmet of Transportation b -- P Address P. O. Box 25201. C. City Raleigh _ State -W- Zip Day phone 711-2031 d' Landowner or _X Authorized agent b. Project name (if any) N/A e- c- If the applicant is not the landowner, also give the owner's name and address. WIMMOM a. Street address or secondary road number SR 1126 b. City, town, community, or landmark -01 =i a C. County -- Paml i ro d. Is proposed work within city limits or planning jurisdiction? C. Name of body of water nearest project Pnc-cziim Cl ra- a. Describe 211 development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). _Replace I•>tistincl Bridoe With Pines b. C. If you plan to build a marina, also complete and attach Form DCM-MP-l. Is the proposed activity maintenance of an ex- stuug Project, new work, or both? -Main Hance & New Work _ Will the project be for community, private, or commercial use? Size of entire tract N/A Size of individual lot(s)- N/A Elevation of tract .above mean sea level or Na- tional Geodetic Vertical Datum _i1_ _ Soil type(s) and texture(s) of tract Vegetation on tract f. Man-made features now on tract _ N/A g. What is the C4J A Land Ust Plan Classifica- tion of the site? (Consult the local land use plan.) Consavation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? N/A i. How arc adjacent waters classified? CSW NSW j. Has a professional archaeological survey been carried out for the tract? No If so, by whom? Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or structures proposed - N/A b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) d. Size of area to be graded or disturbed- N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen. cation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? f. Give the percentage of the tract within 75 feet of mean high. water to be covered by im- pcrmcable surfaces, such as pavement, buildings, or rooftops.-N/A g. List the materials, such as marl, paver stone, , ooD + Aeoa b. Amount of material to be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards 72 Cu. Yds. surfaces. N/A c. Type of material Sand & Muck d. Docs the area to be excavated include marsh- h. If applicable, has a stormaatcr managesnene land, swamps, or other-wcdands? Yes plan been submitted to the Division of En- e. High ground excavation, in cubic yards 9a CD_ yd? vironmental Management-7 N A f. Dimensions of spoil disposal area _ N/A L Describe proposed sewage disposal and/or waste g. Location of spoil disposal area water treatment facilities. Above Wetlands h. Do you claim title to the disposal area? 1V/_ j. Have these facilities received state or local If not, attach a letter granting permission from approval? N/A the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future N/A maintenance? I N/A If so, where?- N/A 1 disposal area marshland, the ludc any D 1. Describe location and type of diwJ argcs to and,•or? No s ,amp areas? Raters of the state (for examplersurface runoff, k. Will the fill material be placed below Fo,= ordinar sanitary wastewater, indusaial/commercial high water? 'Yes cfllucnt, or "wash down"). L Amount of fill in cubic yards Rn r„ _ yas Surface Runoff m. Type of fill material Select Pill Material n. Source of fill material Rnr-rxa Pit m. Water supply source N/A o. Will fill material be placed on marsh or ot}?er n. If the project is oceanfront development, wetlands? YPS describe the steps that will be taken to main- p. Dimcruions of the wcdand to be filled 50' x 45' twin established public beach access.,ays or pro- q. How will excavated or fill material be kept on vide new access. N/A site and erosion controlled? _ ring n rosion Control Methods o. If the project is on the oceanfront, what will r. What type of eonst:uction equipment will 6-- be the elevation above mean sea level of the used (for example, dragline, backhoe, or first habitable floor? NIA hydraulic dredge)? _ . - - -- - - Draol ine & Dump Truck _ a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 50' 45' s. Will wetlands be crossed in transporting equip- ment to the project site? No If yes, explain the steps that mill be taken to lessen en- vironmental impacts. a. b. d. C. f. Length of bulkhead or riprap N/A Average distance waterward of mean high water or normal water level N/A Shoreline erosion during preceding 12 months, in feet N/A Type of bulkhead material - N/A Amount of fill, in cubic yards, to be placed below mean high water N/A ?' ? IaXTr ? 4??`? N In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 ;1 x 11 white paper. (Refer to Coastal Resources Commission Rule 7j.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent %katerfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113.229(d). Name Myrtle Large Address 2510 Livesav Rd. Chesapeake. VA 23323 Name _ John Huff, Jr. Address 901 Bounds Ave. Chesapeake. VA 23323 Name ,7_ Practnn Dunn Address 2901 11ni on f fi _ Trent Vi 1 1 agP New RPrn, Nr 7F557 A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC ha and notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.GS. I13A-1 to 10). Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information' ielated to this permit ap- plication and follow-up monitoring of project. Th ,1s the ?A day of , 19 b gl - . _ . ., Landowner or?Kuthorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. L2DC'C 1989 lil{ r t ?,, C• Gtr rlrnj Is \ ro 1r >? it n `? S a t1r_1 p I To lirnr ? r w,.lr.,n• rl thrxo.imlt l ??; B 1?A ' ,o R\-? f Sn.nlm 1 ehrl leK? c J e...... r. . \ G R E r E Qw dlr. BeMth h•. C'?n e1 V 161 !J Sno• N i? . 0„n?' rArden II Shelmwd;ne ?? ' erF)'rh+ n, ?r rY `° \? IS 4 13 ., h r I „ ) Iw , ^? Ir lar 1 t r ?. S.rn t?u ,.r F?mrir.c Ch Ra.r? ?Y r _' 11 )) Ce'? tKlmrr FD'pl filly h 11! ?, '6•illon /J 10 1l\ • Gore•c,d) f ei?? on .'r- . ,,,?; .. ,, ,u 7`1 1115101 1 { \?I -SC ' { R II ?l lol.ml rtrl ?.y Sou •,) 1•,e 6lule De.,o, { \? (dw.fd 1 1 Gee? '^ .4"s S Vencrbwv . ? u yr ( .. (G'e^Ir r .' is ! rnw Al? Royal If I J' Hont,?,. t N •? ?' . • ,F i rv? •t ., K nston 1 0 . (rnrl Carlo, C_ jra- at, It css N..... i ,D ) Do. A j{- f • w , ?;n G Ndlrvinr U r{.y1f R \ ` J ( Me sn co-v) L. h. ?. SS ra? GIr e,pe \ , ?? C + r+,ribe r e? we if E ? 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W ?7f??? • ' rrel O 1, z •t '007. ?' j 1p) ATE I ' 119, C12 1969 SCAB( - 1 0 I , ? • wl[S Nx. DEPT. OF THANSPORTATION DIVISION OF HIGHWAYS r PAMLICO COUN'T'Y REPLACEMENT Of'- BRIDGE NO.2 2t; ovElt POSSUM SWAMP ON SAM 2"; SIIEE'I'?_ l)1' _a_ _ AUGUST 1 989 H YCTLE LA RU E 2510 LIVC?y To?? 112 7oHU IAUFF) Tcz• 1 901 aoU N Q5 .AVE. LNc5APEAkE, VA. 'IN Z3?3 SOIL Vv l' ?, P?ZL.SToU DuT.IN ,29 Li V,.t??ti ?i. TCctNT v 10Vv I WF- F_REFZ0, QC, ZcgSG? 1 c s 7-+00 10+00 11-f 00 11+00 STA. I U,? /t Y y 3C- E37 X 63' C.S. PA. 3 xi CORR., Q GAGE N G 7 90° SKEIN Nor LT. .500 t N G, RT. p.A z 3.5 SaL .? i '6o A4 FL 01.0 FS N G. -? _ ?I 0 FILL FEL.OW O. H•vJ. = $O GU• ?/C-S. E)c.GAVATIO ?J >3>=L,ow 0 H • VJ= "7z G-U • Y PS. NI?H1U????? EXc A,4AT'10.1 = 93 Cu. YPS, ToT.,.L T=I L-L = 390 GL. `/f75• REVISED X 7 PRE--,:,To0 Du1.j tom! 2901 UNiOKI c.T. - F-EtiT VILlAcyt. \ WEN gEF-W, U(- 7- SS6 2 ?UMMQ Sc A L E ;1??= 50, - _ 4o H. W = 4q 5.-L _NG? ?r/, G&,J2E Sc?LE. I•_ ID V?R?. t_SD AT Qe J SE ?7 17- - G Co - vcl y N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS I'AML,ICU COUNTY 11E.PLAC;EMENT OF Ill?ID(;l? NO-2 ()VI-11 POSSUM SWAMP ON 51211:6 SHEET 2_ OF 2- AUGUST 198!) ?,.N,w=495.7= NG.RT.J W. s. SCRIE 10 VHOR 12 ERT 1 o i 1`? ?C1111LL111L.? `. ""' 3 SPf+ B Et--ou) Q.H. W,. { DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from ? •??i ?;?_ ? ??/ .n? _ _I/_?%i ii /,T l?, .A I,I / fir, A. PERMIT: X This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall by more than 10 NTU's as a result of the proposed activity able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. -? Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after (Z? The proposed project is certified under General Certification A) B) C) No. 1179 issued on January 25, 1977, for sewer line construction No. 1272 issued on November 10, 1978, for bulkhead construction. No. 1273 issued on November 10, 1978, for discharges of liquid effluent from diked upland disposal areas, not be increased after a reason- D) No. 1431 issued on October 16, 1980, for boat ramp construction. E) No. 1664 issued on September 8, 1983, for Rip-Rap Placement. F) No. 1665 issued on September 19, 1983, for incidental bridge construction. -"' WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMVT ? M NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that the North Carolina Department of Transportation, filed an application on December 12, 1989, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the applicant proposes to replace Bridge #2 located on SR 1126, across a tributary of the upper Broad Creek known as Possum Swamp, in Pamlico County, with a culvert crossing. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of Charles Pigott, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., 919/726-7021, and/or the office of Deborah Sawyer, Division of Environmental Management, DEHNR Regional Field Office, Washington, N.C., 919/946-6481. The Division of Environmental Management proposes to take final action on this water quality certification on or before February 18, 1990. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Dr. George Everett, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to February 13, 1990 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to February 8, 1990 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and stag and federal agencies. Notice of the permit decision ip this (natter will be provided upon request. } ?t PUBLISHED ON: Wednesday, January 24, 1990 •C