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.
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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
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LNc5APEAkE, VA.
'IN Z3?3
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t
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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!
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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!)
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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
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