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Home My WebLink About19900351 All Versions_Complete File_20100726AAiFo- tow, .fir... ?. wow State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor April 3, 1990 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director Mr. Barney O'Quinn N.C. Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 27611-5241 Dear Mr. O'Quinn: Subject: Proposed Fill in Headwaters or Isolated Wetlands N.C. Department of Transportation Hwy 17 Rest Area Brunswick County Upon review of your request for Water Quality Certification to place fill material in wetlands adjacent to an unnamed tributary of Shallotte River, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2176 issued November 4, 1987. A copy of the General Certification is attached. This Certification may be used.in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact Bill Mills at 919/733-5083. Sincerely, ?orge T. 'ver t Attachment cc: Wilmington District Corps of Engineers Wilmington Regional office oquinn.1/d-2 Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer i N. C. DEPARTMENT OF TRANSPORTATION DATE TRANSMITTAL SLIP 11 - REF. NO'. OR ROOM, BLDG. 5 M.; REF. NO. OR RObM,. BLDG. ?G is hJs ?i? /?? •? jt/ G D a 7 - ?f A ACTION '- •? NOTE ANO FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ,? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR•Y OUR`APPROVAL ? ,NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ?. PLEASE ANSWER :? FOR YOUR, COMMENTS ? PREPARE •REPLY FOR MY SIGNATURE ? SIGNATURE; ? 'TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: • r* MEMO TO: Bill Mills, PE Date: 3-15-90 NC Dept of Environment, Health & Natural Resources, Div. Of Environmental Management (DEM) FROM: Dennis Pipkin NC DOT Environmental Unit SUBJECT: Brunswick County Rest Area, DOT Proj # K-0097 Attached per our conversation. r, MAR 10,90 r : ,a I CR QUALITY Manning 3ranch !x`68 X99 s. srArt STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR JAMES E. HARRINGTON SECRETARY District Engineer US Army Corps of Engineers P. 0. Box 1890 Wilmington, N. C. 28402 ATTENTION: Mr. David Franklin Regulatory Branch Dear Sir: June 1, 1988 DIVISION OF HIGHWAYS GEORGE E. WELLS, P.E. STATE HIGHWAY ADMINISTRATOR SUBJECT: Brunswick County, Construction of a Rest Area on US 17 at NC 130 (K-97) It - 0,2 e?-? The N. C. Department of Transportation proposes to construct a Rest Area adjacent to us 17 in Brunswick County. The proposed project will require the placement of fill in approximately 1.6 acres of high shrub/cut-over high shrub pocosin. The jurisdictional wetlands were confirmed in field investigations by Mr. Ernest Jahnke on April 21, 1988. Mr. Jahnke also confirmed the pro- posed work is above headwaters and should be authorized by the "above head- waters" nationwide permit. Application is hereby- made for Department of the Army authorization as required for the subject work. Attached is a completed pre-discharge notificaion for Nationwide Permit 33 CFR 330.5(a)(26). Also attached are sketches showing the*site location-and proposed work. By copy of this letter, I am requesting the N. C. Department of Natural Resources and Community Development confirm the proposed work can be accomplished within the provisions of the General 401 Water Quality Certifi- cation. If you have any questions, please call Barney O'Quinn at 919/733-7842. Sincerely, &,/ I a / William G. Marley, Jr., P. E. Assistant Highway Administrator WGM/BJO/slg Attachments s r yY rr? .,,n STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR JAMES E. HARRINGTON SECRETARY cc: Mr. Paul Wilms--Attention: Mr. Bill Mills, P. E. Mr. W. M. Ingram, P. E. Mr. A. L. Hankins, P. E. Mr. D. L. Squires, P. E. Mr. D. R. Morton, P. E. Mr. B. G. Jenkins, P. E. Mr. L. A. Sanderson, P. E. Mr. D. J. Bowers, P. E. Mr. Ken Bellamy, FHWA o. v i. z n. v 0 1 DIVISION OF HIGHWAYS GEORGE E. WELLS. P.E. STATE HIGHWAY ADMINISTRATOR DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E INFORMATION SHEET - NATIONWIDE PERMIT 26 1. Nationwide permit 26 authorizes the discharge of dredged or fill material which will cause the loss or substantial adverse modification of less than 10 acres of (i) non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters; and (ii) other non-tidal waters of the U.S., including adjacent wetlands, that are not part of a surface tributary system (i.e., isolated waters). The district engineer must be notified if the discharge will cause the loss or substantial adverse modification of 1 to 10 acres of such waters. 2. The applicant shall not begin discharges requiring pre-discharge notification under nationwide permit 26: a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the district or division engineer, or b. If notified that an individual permit may be required, or c. Unless 20 days (calendar) have passed from the time the notification is received by the district engineer and no notice has been received from the district or division engineer. 3. Notification under NWP 26 must be in writing and include the following: a. Name, address and phone number of applicant; b. Location of the planned work; c. Brief description of the proposed work, its purpose, and the approximate size of the waters, including wetlands, which would be lost or substantially adversely modified as a result of the work; and d. Any specific information required by the nationwide permit and any other information that the applicant believes is appropriate. o_ e. Applicant is required to obtain a Section 401 Water Quality Certification from the State of North Carolina for NWP 26 to be valid. Applicant should furnish a copy of the certification with the pre discharge notification to the Corps of Engineers. To obtain a Section 401 certification, applicant should contact: Mr. William Mills Water Quality Section Division of Environmental Management N.C. Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 SAW26-87- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E . PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26 NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions listed in Section B. (below) are not met, the applicant must submit an individual permit application. Please contact the District for forms and information. Applicant is required to obtain a Section 401 Water quality Certification from the State of North Carolina for NWP 26 to be valid. This certification should be furnished with this pre-discharge notification. PLEASE PRINT A. 1. NAME: William G. Marley, Jr., PE Assistant Highway Administrator 2: ADDRESS: NC Department of TransportatiDn P ox 25201 Kaleigh, NU 2/611 3. PHONE NUMBER (HOME): N/A (WORK): 919-733-6348 Barney O 'Quinn 919-733-7842 4. LOCATION OF PLANNED WORK: 'COUNTY: Brunswick r-11n+%1 SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, C.): 1IC 17 at Nr 11n 5. DESCRIPTION OF PROPOSED WORK: The filling of high shrub/cut-over high shrub pocosin. 6. PURPOSE OF PROPOSED WORK: Construction of a new rest area adjarpnt to IIC 17 7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): 1.6 acres in an area above headwaters 8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: This is ad.iacent to work on IIS 17 that wac authorized hU 2Qr_Mj-t cAWrng7-N_01A-Q261 9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR NEAR THE PROPOSED PROJECT AREA? YES [ ) NO [X] IF YES, INDICATE WHAT SPECIES. 10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE LISTED.OR . DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ ] NO [X] 11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ J NO [X] B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE PERMITS TO BE VALID (33 CFR 330.5-.6): MET NOT MET 1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT (X] ( ] OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY INTAKE. 2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [X] ( J OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED SHELLFISH HARVESTING ACTIVITY. 3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE (X] ( ] MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATER). 4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST [XJ [ ] OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC AMOUNTS. 5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [X] [ ] MAINTAINED. 6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE [X] ( J NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR POSSIBLE INCLUSION. 0 v I z n o: 0 7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL [X] [ ] NOT IMPAIR RESERVED TRIBAL RIGHTS. C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET. MET. NOT MET 1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS [?] ( ] OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES. 2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING SEASONS SHALL BE AVOIDED. [X J [ ] 3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE (X] [ ] MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE OF THE FILL IS TO IMPOUND WATERS). 4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, [X] [ ] ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF ITS FLOW SHALL BE MINIMIZED. 5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. [X] [ J 6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [X] [ ] ON MATS. 7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY [X] [ ] WATERFOWL SHALL BE AVOIDED. 8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [X] [ J ENTIRETY. t I APPLICANT'S SIGNATURE DATE O. V Z 01 01 1-444 057 FAP `ENO PROD :, _ __ _ . t- ..n -- `. ? ` .8 130: -f.. ?...::. 6 F 1136 1 ? 2Q •v ?,w? ? f i ? ?'I j ? •' ' if 'k? S ITS, 11 ?? 130 I ER+'``??? wz 1135 POP. v !? 680 ! 44. 114 1146 1111 N 1_ 1 1207 ti ? J 1156 ? ?. L 1132 V O ?' Shell r i Point SKETCH MAP SHOWING LOCATION OF STATE PROJECT 8.1310802 ?t ~ I PROPOSED FILL IN-WETLANDS FOR REST AREA ON US 17 BRUNSWICK COUNTY PROJECT NO. 8.1310802 (K-97) APPLICATION BY: NCDOT DIVISION OF HIGHWAYS "_ SHEET _ OF ?_ MAY 1988 MATH LINE A I ?s I I hl - I I ? ?z I I ? tj ILL t °C -Y ?. tAl J /y// I \l m ¢ w Jim J co / A \a0? J ?X Cl OQ!// ?? ? v ? / •? ? s -n Wt7 2 I ; t - o ?- I / 1 c l7 .7- AT o= O• / I / M 1 ti1y ?"' I I z t / I i u ?m I< I O ZW Z I i v t r 40 il? W ?.LLJ Q I I l? 3Vi a m r ?i I I ,, :?i O I .• i I m ? O u d Q) ?i Q w` ? Q) ,? ? ? 3 I SE a- i 1 Q / a, t I / - ? t Z ? Q " LLt / I DENME.S FILL IN WETLANDS / N V /w - CC / o DE140TES EXCAVATION IN WETLANDS, - - , 50 O 100 m ° 100 - ` - -- APIA OF FILL IN WETLANDS j ' i 1.58 AC. sc c.?E . = goo gCAVATION IN WETLANDS PROPOSED FILL IN WETLANDS 0.06 AG FOR REST-AREA ON US 17 /' I 2 BRUNSWICK COUNTY t e PROJECT NO. 8.1310802 (K-97) / 3 APPLICATION BY: NCDOT . - DIVISION OF HIGHWAYS - SHEET 2 OF -1 MAY 1988 a is o` Q z r _(I 2 Q A loo -mm p pRA/NACaE fJaSEP NT 8001pp -L JOHN a WARD F?, ?l 1 1 4z 3 JOHN D. WARD J 100 ----50. - 0 ---- \00 l i SCAtF. \ = 100 PROPOSED FILL IN WETLANDS FOR REST- AREA ON US-17 BRUNSWICK COUNTY PROJECT NO. 8.1310802 (K-97) APPLICATION BY: NCDOT DIVISION OF HIGHWAYS SHEET 3 OF -4 MAY 1988 0 0 Lc) - <L w w O Q < U U Z Cn U) O c w w 0 U) > _ m • w . z o o cV a 0 cr .. cq I O O ? O PROPOSED FILL IN WETLANDS lFOR REST AREA ON US 17 (BRUNSWICK COUNTY {PROJECT NO. 8.1310802 (K-S APPLICATION BY: NCDOT DIVISION OF HIGHWAYS SHEET ?_ OF ?_ MAY ]