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HomeMy WebLinkAbout19930142 Ver 1_Complete File_20100726d;,w STA7Z o •. D T,N APR 2 8 1993 GROU State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor DIVISION OF COASTAL MANAGEMENT 27 April 1993 Mr. B.J. O'Quinn Assistant Branch Manager Planning and Environmental Branch NC Department of Transportation Post office Box 25201 Raleigh, North Carolina 27611 Jonathan B. Howes, Secretary REFERENCE: DEM 93-142 Nationwide Permit Application for an activity located in Bertie County, North Carolina: Fill Wetlands for Replacement of. Bridge 30 on SR 1314 over Cypress Swamp Dear Mr. O'Quinn: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated 22 February 1993 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is consistent with the North Carolina Coastal Management Program provided the following conditions are met. 1. The activity described in the above application qualifies to receive one of the Nationwide Permits described in 33 CRF Part 330 with the exception of numbers 17, 21, 24, and 34 which were found inconsistent with the North Carolina Coastal Management Program. 2. A 401 Water Quality Certification is received, where required, from the North Carolina Division of Environmental Management. This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit requirements are met prior to implementation of the project. Please feel free to contact Mr. Steve Benton at (919) 733-2293 if you have any questions or need further assistance. Sincerely, 1t?Terry E. Moore 0 District Manager Division of Coastal Management Washington Regional Office cc: f- ohn Dorney - NC,Division of Environmental Management, Raleigh Steve Benton - NC Division of Coastal Management, Raleigh Wilmington District Engineer ATTN: CESAW-CO-E P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone 919733-4984 Fax N 919-733-0513 An Equal Oppurtunity A(firmativc Action Employer WILMI .? ?. ? P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 #( r AY ` 5199 IN REPLY REFER TO April 28, 1993 3 U>a` Regulatory Branch Action ID. 199301399 and Nationwide Permit No. 14 (Road Crossing) North Carolina Department of .Transportation Division of Highways Att: Mr. Jack Ward Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: Please reference your application received February 24, 1993, for Department of the Army authorization to place fill material on approximately 0.03 acres of 404 wetlands, in conjunction with replacing existing bridge No. 30 with three, 95-inch by 67-inch corrugated steel pipe arches, located off S.R. 1314, adjacent to Cypress Swamp, east of Rosemead, in Bertie County, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) provided: a. The width of the fill is limited to the minimum necessary for the actual crossing; b. The fill placed in waters of the United States is limited to a filled area of no more than one-third acre. Furthermore, no more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands; C. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected highflows and the movement of aquatic organisms; d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the United States; and e. For fills in special aquatic sites, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. f -2- Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. As discussed, you should contact the following State agencies to obtain the required State authorizations prior to starting work: Mr. John Dorney, North Carolina Division of Environmental Management, telephone (919) 733-1736, and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone, (919) 733-2293. Thank you for your time and cooperation. If you have any questions, please contact Mrs. Fogo, at the Washington Regulatory Field office, telephone (919) 975-3609. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 2 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 Mr. Terry Moore Washington Regional Office North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889 -3 ,State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 April 19, 1993 James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.E. Jonathan B. Howes, Secretary Director Barney O'Quinn Planning and Environmental Branch N.C. Dept of Transportation P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: Subject: Proposed fill in Wetlands or Waters Bridge replacement, SR 1314, Bridge No. 30 Bertie County Project # 93142 Upon review of your request for Water Quality Certification to place fill material in 0.03 acres of wetlands or waters which are tributary to Cypress Swamp for temporary access for bridge replacement located at SR 1314, in Bertie.County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2732 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 14. If you have any questions, please contact John Dorney at 919-733-1786 Sincerely, reston Howa , Jr. P.E. 93142.1tr t! Attachment Cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Jehn D`orney Central Files Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/8964007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer iii oa.l-Y7 MEMORANDUM PRINT NAMES: Reviewer: AGAS TO: John Dorney WQ Supv.: Planning Branch DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 93 PERMIT NO: 0000142 COUNTY: BERTIE APPLICANT NAME: NC DOT - REPLACE BRIDGE 30 ON SR 1314 PROJECT-TYPE: REPLACE BRIDGE PERMIT-TYPE: NW14 COE_#: DOT-#: RCD_FROM _CDA: DOT DATE _FRM_CDA: 02/24/93 REG_OFFICE: WARO RIVER-AND-SUB-BASIN-#: 12019 STREAM_CLASS : e, STR_INDEX_NO : 4 3 - WL_IMPACT?: Pq WL_TYPE: WL_REQUESTED :. 0.la , WL_SCORE(#): HYDRO_CNECT? :l.% N WL_ACR_EST?: YIN WATER IMPACTED BY FILL?:(DN MITIGATION?: Y(o MITIGATION TYPE: MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION ( 'role One) ISStTE ISSUE/COND DENY 1-1 i COMMENTS : e av -IS // / g 3 a iVL 'dez A cc: Regional Office Central Files ---------------- t5 V ? ? U l7 ?? ??II APR - 7 IQ N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE TO: %r?r l(1?V Par REF. NO. OR ROOM. BLDG. FR OM : REF. NO.. OR ROOM, BLDG. \\ \ y? \J l )I J.C_?. \ IAl_A??SIC ll ?`f? U 'J U 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 ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: p V l? ? 09? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IAMFS B. HUNT. IR. DIVISION OF HIGHWAYS GovFRNOR P.O. LOX 25201, RALEIGH, N.C. 27611-5201 February 22, 1993 District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: SAM HUNK SFCRFTARY Subject: Bertie County, Replacement of Bridge 30 on SR 1314 over Cypress Swamp near Rosemead. The North Carolina Department of Transportation proposes to replace bridge 30 over Cypress Swamp on SR 1314 in Bertie County. It is proposed to replace the present bridge with three (3) 9511x 67" corrugated steel pipe arches. The proposed activity will result in the filling in of 0.02 acres of wetland and 0.01 acres of open water habitat. It i anticipated that this construction activity qual 1 s or Federal authorization pursuant to the pre- disc rge n tification provisions set forth in Nationwide Permi 33 C R 330.5(a)(14). Application is hereby made for Depar ent f Army permits as required for such activities. Enclose ease find a pre-discharge notification form and permit d awings for this project. We are also requesting a 401 Water Quality Certification from the Division of Environmental Management. The North Carolina Division of Coastal Management has indicated that Coastal Area Management Act authorization is not required for this project. By copy of this letter we are also requesting comments from the U.S. Fish and Wildlife Service and National Marine Fisheries Service regarding the presence of any federally listed or proposed threatened or endangered species or critical habitat, and from the State Historic Preservation Office regarding the presence of any historic properties in the area. If you have any questions, or if we may provide any q3l?z T; further information, please contact Mr. Doug Huggett of NCDOT's Environmental Unit at (919) 733-9770. Sincerely B. 'Quin , PE Assistant Branch Manager Planning and Environmental Branch cc:?. John Dorney, DEM (7 copies) Mr. David Lexson, COE-Washington Ms. L. K. Gantt, USFWS National Marine Fisheries Service-Beaufort, N.C. State Historic Preservation Officer Mr. A.L. Hankins, PE, Hydraulics Mr. Jim Lee, PE, Bridge Maintenance Unit C.O. White, PE, Division Engineer f DEM ID: ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: NC Department of Transportation ATTN: B.J. O'Quinn 2. OWNERS ADDRESS: PO Box 25201 Ralei h q. C. 27611 3. OWNERS PHONE NUMBER (HOME): (WORK) : 919/733-9770 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: B.J. O'Quinn P E Assistant Branch Manaoer Plannin and Environmental Branch 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Bertie NEAREST TOWN OR CITY: Rosemead SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS,.ETC.): Bridge 30 on SR 1314 6. NAME OU CLO?J[:S'I' :STREAM/RIVER: Cypress Swamp 7. RIVER BASIN: Chowan 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, QJ3 WS II? YES [ ] NO [ x ] 9. HAVE ANY SECTION 4011 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: Less than 1 acre 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: wetlands impact = 0.02 ace open water impact = 0.01 ac DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 0.03 ac F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Replace Br. 30 with three 95"x67"corra eted steel pipe arches 13. -PURPOSE OF PROPOSED WORK: Replace substandard bride 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. crossing of Cypress Swamp necessitates slight wetland pact Nn -feasible upland alternative exists. Best Management Practices will ham, utilized to minimize impacts from sedimentation and en,;inrL. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [x] NO [ ' By Copy of this RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED-Letter 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES RESPONSE FROM THE SHPO SHOULD BE ATTACHED.[x) NO [ By Copy of this Letter 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. See enclosed drawings B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. N/A C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT ON/TAHE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. N/A E._ WHAT IS LAND USE OF SURROUNDING PROPERTY? Swamp/Forest OWN S SIGNATURE DA E s cou/7.? 4 I ?I c, --.a-old--• . , n(? --?--?? C) c aQ O .v o MOODS We }?Hn JS a sT 7.6 -2- olL a, ?? 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