20010317 Ver 1_Complete File_20010312

OF w A'If Michael F. Easley
?O? QG Governor
CO William G. Ross, Jr., Secretary
- Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 12, 2001
DWQ# 01-0317
Gates County
D.R. Conner, Division Engineer
NC Department of Transportation
P.O. Box 850
Edenton, NC, 27932
APPROVAL of 401 Water (duality Certification
Dear Mr. Conner:
You have our approval, in accordance with the attached conditions, to place fill in 0.091 acres of wetlands associated
with an unnamed tributary to Bennetts Creek in order to construct improvements to SR 1402 in Gates County, as described
in your application received by the Division of Water Quality on March 5, 2001. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3289. This Certification allows you to use
Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying
404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646.
Attachment
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Central Files
File Copy
010317
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR P.O. BOX 850 SECRETARY
Edenton, N.C. 27932
Division One
?4.A11e;,, ,.
March 1, 2001
U.S. Army Corps of Engineers
Regulatory Field Office
P.O. Box 1000 PAYMENT
Washington, NC 27889-1000 RECEIVED
ATTENTION: Mr. Michael F. Bell, PWS
NCDOT Coordinator
Dear Sir
The North Carolina Department of Transportation (NCDOT) is proposing to improve SR 1402 in Gates Co. The
existing soil road will be upgraded to a paved surface to improve safety.
Please find attached a vicinity map along with a plan view of the proposed work and a completed pre-construction
notification form. By eliminating drainage ditches and raising the elevation of the road approximately 2 to 3 feet we
have minimized wetland impacts from the original calculation of 0.17 acres for a typical road crossing with ditches
to a proposed 0.091 acres of impact. One 30' x 18" reinforced concrete pipe will be replaced by a 40' x 24"
corrugated aluminum arch to provide water flow under the road.
The NCDOT requests that this work be authorized under the provisions of Nationwide Permit No. 14. By copy of
this letter, the NCDOT also requests that the North Carolina Division of Water Quality issue the appropriate water
quality certification. A check for $200.00 is attached to cover the permit fees. Work will begin as soon as the
permits are issued. Thank you for your attention to this important matter.
Sincerely,
6
Kristen Shacochis
Division Environmental Officer
cc: Mr. R.E. Capehart, PE, NCDOT
Mr. David COX, NCWRC
Ms. Sarah Winslow, NCDMF
Mr. Ron Sechler, NMFS
Mr. Tom McCartney, USFWS
Mr. John Hennessy, NCDWQ
Mr. Ted Sampson, NCDCM
Ms. Gretchen Byrum, PE, NCDOT
C

00317
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14
3/25/96
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation
2. MAILING ADDRESS: Post Office Box 850
SUBDIVISION NAME:
CITY: Edenton STATE: NC ZIP CODE: 27932
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): 252-482-7977
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
D. R. Conner, P.E., Division Engineer
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Gates NEAREST TOWN OR CITY: Sunbury
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
SR 1402, Lat 36 23.479, Long 76 42.862
6. IMPACTED OR NEAREST STREAM/RIVER: tributary of Bennetts Creek
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [] NO [x] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[] NO[ x]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
rural service
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: n/a
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
n/a
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.091 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.091
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/a
WHAT IS THE EXPECTED POND SURFACE AREA? N/a
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): We plan to pave and grade SR 1402. To minimize impacts we
plan to raise the elevation of the road approximately 2 to 3 feet in
order to minimize drainage ditch construction and reduce flooding durin
heavy rains. One 30'x 18" RCP pipe will be replaced by a 40' x 24" CAA
pipe to provide water flow under the road.
13. PURPOSE OF PROPOSED WORK: to improve road conditions on SR 1402
for safety reasons and state law
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):We cannot avoid wetlands because the wetlands are on both
sides of the road. We have minimized as much as possible from 1.3
acres to 0.09 by removing ditches and reducing pavement needed.
15. 1zGU P. lS RBQU;R99 SeGTi"L TACT THE T9-S. FISH A N7T WR T39LIFS RVIGE
USFWS ) :i4iD,/GR- NA91GNAT. MARINE FISHERIES ssERVIGE (PdMFS ) --(SEE AGEN^cr
DATE-GGNTAGTB9. ( T-T-AC1I RESPGNSES- RGM THESE AGENGIES.)
16. YG9 E RaQ?;=RBD-TG GGNTAGT THE S! A'F?HISTGRIG =RGSER-VAFGN GF-F T!
T
P-RGPERT'ISS IN THE PaR£411 AREA WHIG H-r"A* BE AFFEGTED BY THE PROPOSED
P-RGT-BATE GGN!?A B :
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [] NO [xl (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [X]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27'003-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SALES SHOULD BE 1 INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUI,.ALENT.
b. IF AVAILABLE, REPRESENTATIVE PHCTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSUILTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE:ELINEAI'ION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPER=Y?
rural
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
nia
g. SIGNED AND DATED AGENT AUTHORIZrTION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE

DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
AGENCY ADDRESSES
ENDANGERED SPECIES:
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
TELEPHONE [phone]
HISTORIC RESOURCES:
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATICN DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
TELEPHONE ;919) 728-5090
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
TELEPHONE [phone]
STATE REGULATORY AGENCIES:
MR. JOHN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
4401 REEDY CREEK ROAD
RALEIGH, NORTH CAROLINA 27607
TELEPHONE [phone]
CORPS OF ENGINEERS FIELD OFFICES:
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
6508 FALLS OF THE NEUSE ROAD,
SUITE 120
RALEIGH, NC 27615
TELEPHONE [phone]
WASHINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1000
WASHINGTON, NC 27889-1000
TELEPHONE [phone]
U.S. FISH AND WILDLIFE SERVICE
ASHEVILLE FIELD OFFICE
160 ZILLICOA STREET
ASHEVILLE, NC 28801
TELEPHONE[phone]
MR. STE']E BENTON
DIVISICN OF COASTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
POST OF?ICE BOX 27687
RALEIGH, NORTH CAROLINA 27611-7687
TELEPHCNE [phone]
FAX [phone]
ASHEVILLE REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
151 PATT_ON AVENUE, ROOM 143
ASHEVILLE, NC 28301-5006
TELEPHCNE [phone]
ATTN: CESAW-CO-R
WILMINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1390
WILMINGTON, NC 23402-1890
TELEPHCNE [phone]
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1402 Date : 2/28/01
Applicant/Owner : Department of Transportation County: Gates
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID PF01A
Significantly Disturbed (atypical)? No Transect ID
Potential Problem Area? No Plot ID : 1
VEGETATION
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Acer rubrum Tree FAC
Pinus taeda Tree FAC
Arundinaria gigantea herb FACW
Percent Dominance 100.0 Rio Remarks:
FAC Neutral Test 100.0%
HYDKULUGY
Recorded Data (described below):
Stream, Lake or Tide Gaug
Aerial Photographs:
Other:
Depth of Surface Water 0 in
Depth of Saturated Soil 4 in
Depth to FreeWater in Pit 6 in
Wetland Hydrology Indicators:
Primary: Saturated in Upper 12 Inches
Secondary:
LS
Soil Series: Drainage Class:
Soil Taxonomy Bladen-Craven Lenoir Do Field Observations Confirm Mapped Type?
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Conuast Structure, etc.
1-4 O
4 to 12 B Sand
Histic Epipedon
WETLAND DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site : SR 1402 Date : 2/28/01
Applicant/Owner : Department of Transportation County: Gates
Investigator : Kristen Shacochis, Environmental Officer State : NC
Normal Circumstances? Yes Community ID PF01A
Significantly Disturbed (atypical)? No Transect ID :
Potential Problem Area? No Plot ID : 2
VEGETATION
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Acer rubrum Tree FAC
Pinus taeda Tree FAC
Juncus effusus herb FACW+
Remarks:
Percent Dominance 100.0%
FAC Neutral Test 100.0%
HYUKULUGY
Recorded Data (described below):
Stream, Lake or Tide Gang
Aerial Photographs:
Other:
Depth of Surface Water 3 in
Depth of Saturated Soil 0 in
Depth to FreeWater in Pit 0 in
Wetland Hydrology Indicators:
Primary: Inundated
Secondary:
Soil Series: Drainage Class:
Soil Taxonomy Bladen-Craven Lenoir Do Field Observations Confirm Mapped Type?
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
1-4 O
4 to 12 B Sand
Histic Epipedon
WETLAND DETERMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes
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