HomeMy WebLinkAbout19930607 Ver 1_Complete File_19930831DEPARTMENT OF THE ARMY p U
WILMINGTON DISTRICT, CORPS OF ENGINEERS AUG 3 11993
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 27, 1993
Regulatory Branch
Action ID. 199303381 and Nationwide Permit No. 18 (Minor Discharges)
Mr. L. J. Ward, P.E., Manager
Planning and Environmental Branch
Division of Highways
ATTN: Ms. Robin Little
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Ward:
Reference your application of July 8, 1993, for Department of the Army
authorization to replace two existing bridges on S.R. 1126, over Morris Run,
near Chocowinity, Beaufort County, North Carolina. The two projects will
impact a total of 0.09 acre of wetlands.
Your application requested approval under Nationwide Permit No. 14 (Road
Crossings). As both bridges cross the same wetland system, this project does
not qualify for Nationwide Permit No. 14, which requires a crossing to be a
single and complete project. However, since the amount of wetlands impacted
is less than 0.1 acre, it qualifies for Nationwide Permit No. 18 (Minor
Discharges).
For the purposes of the 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 and Section 404 of the
Clean Water Act, was provided for discharges of dredged or fill material into
all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained sq that they would no longer be a water of the United States as a
result of the project;
C. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
-2-
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
Your work is authorized by Nationwide Permit No. 18 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) 733-1786,
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
(919) 733-2293.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Norm Sanders of our Washington Regulatory Field office,.
telephone (919) 975-3025.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
r
-3-
Copies Furnished (without enclosure):
;. mf--- 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. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Al Gerard
Beaufort County Health Department
Environmental Health Section
Post Office Box 579
Washington, North Carolina 27889
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Terry Moore, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
?tEd D d'
sa 21993
?`? °'""?• weW a n AD iY SECiPiON
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
1424 Carolina Avenue, Washington, North Carolina 27889
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
29 July 1993
Mr. B.J. O'Quinn, P.E.
Post Office Box 25201'
Raleigh, North Carolina 27611-5201
REFERENCE:
Dear Mr. O'Quinn:
ACTION ID 199303381
Beat{fort County 'DOT
Bridges 73 & 74 on
Chocowinity
Roger N. Schecter
Director
Replacement of
SR 1126 near
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 8 July 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 not inconsistent 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 ensure that all other
State authorization and/or permit requirements are met prior to implementation of the
project. Please feel free to contact me at (919) 946-6481 if you have any questions
or need further assistance.
Sincerely,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional office
TEM/pp
cc: S?teve Benton - Federal Consistency Coordinator, DCM, Raleigh
tdohn Dorney - Water Quality Section, DEM, Raleigh
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue Washington, N.C. 27889 • Telephone 919-946-64810 Fax 919-975-3716
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 30, 1993
Mr. Barney O'Quinn
Planning and Environmental Branch
NC. Department of Transportation
P.O. Box 25201
Raleigh, N.C. 27611
Dear Mr. O'Quinn:
lqql: I r
A&4 "
ID FE F1
Subject: Proposed fill in Wetlands or Waters
Bridge replacement, Nos. 73 & 74 on SR 1126
Beaufort County
DEM Project # 93607
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.094 acres of wetlands or waters which are
tributary to Morris Run Creek for bridge replacement located at SR
1126 in Beaufort County as described in your submittal dated 3 August
1993, 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. This Certification replaces the one mailed
to you on 8-24-93.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
lA':. Preston Howard,/ Jr. P . E .
93607.1tr y
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
ki Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor CC
Jonathan B. Howes, Secretary C N F
A. Preston Howard, Jr., P.E., Director
August 23, 1993
Mr. Barney O'Quinn .
Planning and Environmental Branch
NC. Department of Transportation
P.O. Box 25201
Raleigh, N.C. 27611
Dear Mr. O'Quinn:
Subject: Proposed fill in Wetlands or Waters
Bridge replacement, Nos. 73 & 74 on SR 1126
Beaufort County
DEM Project # 93607
Upon review of your request for 401 Water Quality Certification
to place fill material in 0P94 acres of wetlands or waters which are
tributary to Morris Run Creek for bridge replacement located at SR
1126 in Beaufort County as described in your submittal dated 3 August
1993, 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 this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
reston owar , Jr. P.E.
93607.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
P IN
JAMES B. HUNT. JR
GOVERNOR
s 4U1 IS-SUED
STATE OF NoKTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
August 3, 1993
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:
SAM HUNT
SECRETARY
SUBJECT: Beaufort County, Replacement of Bridge Nos. 73
and 74 over Morris Run on SR 1126, near
Chocowinity.
Apparently, the pre-discharge notification letter for
the subject project was distributed without an application in
the package. We apologize for any inconvenience this may
have caused and include the application form with this
letter, to be combined with the letter and drawings mailed on
July 8, 1993.
Sincerely,
B.J. O'Quinn, P.E.
Assistant Branch Manager
Planning and Environmental Branch
cc: Mr. John Dorney, DEM (7 copies)
Mr. Dave Lekson, 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. Jimmy Lee, PE, Bridge Maintenance Unit
Mr. G.R. Shirley, Jr., PE, Division 2 Engineer
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone (919) 856-4520
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone (919) 728-5090
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone (919) 733-4763
Information obtained from these agencies should be forwarded to the Corps.
110.
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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. Bop 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: North Carolina Department of Transportation; ATTN: Mr. B. J. O'Quinn
2. Owners Address: P. 0. Box 25201, Raleigh, NC 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, Assistant Branch Manager
Planning and Environmental Branch
5. Location of work (MUST ATTACH MAP). County: Beaufort
Nearest Town or City: amcowinitY
Specific Location (Include road numbers, landmarks, etc.): Bridge Nos. 73 and 74 over Morris faun on SR 1126
6. Name of Closest Stream/River:
7. River Basin:
Morris Run
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [ J
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO Tx ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.094 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Br: No. 74 Br. No. 73 TOTAL
Filled: 0.0216 0.0255 0.0471
Drained:
Flooded:
Excavated: 0.027 0.0196 0.0466
Total Impacted: 0.0243 0.0451 0.0937
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Replace tow existing bridges,
each with 73" x 55" corrugated steel pipe arches
13. Purpose of proposed work: Provide safe public transportation
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Location of road/stream crossing necessitates inyacts to wetlands
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 [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. BY COPY of this
application.
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 [x ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. By copy of this
application.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? agricultural
F. If applicable, what is proposed method of sewage disposal? WA
y C'. 6UJ o'L;J 8 /993
Owner's Signature Date
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401ISSUED
H
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT. JP_ DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
July 8, 1993
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:
tJ Lb U
U ( 6
SAM HUNT
SECRETARY
SUBJECT: Beaufort County, Replacement of Bridge Nos. 73
and 74 over Morris Run on SR 1126, near
Chocowinity.
The North Carolina Department of Transportation proposes
to replace two existing bridges, Bridge #73 and Bridge #74,
each with three (3) 73" by 55" Corrugated Steel Pipe Arches
(CSPA). The proposed activity for both bridges will result
in the filling of less than 0.03 acres of wetlands,
less than 0.05 acres of excavation in wetlands and 0.175
acres of fill in waters. The estimated average daily flow for
Morris Run is 9.9 cfs. Since both bridges are on the same
flood plain, the average daily flow cannot be determined
separately. The total impacts for each bridge are shown in
tabular form on the plan view drawings.
It is anticipated that this construction activity
qualifies for Federal authorization pursuant to the pre-
discharge notification provisions set forth in Nationwide
Permit 33 CFR 330.5(a)(14). Application is hereby made for
Department of Army permits as required for such activities.
Enclosed please find a pre-discharge notification form and
permit drawings for this project. We are also requesting a
401 Water Quality Certification from the Division of
Environmental Management.
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
i
Office regarding the presence of any historic properties in
the area.
If you have any questions, or if we may provide any
further information, please contact Ms. Robin M. Little of
NCDOT's Environmental Unit at (919) 733-9770.
Sincerely,
B. E.
Assistant Branch Manager
Planning and Environmental Branch
cc: Mr. John Dorney, DEM (7 copies)
Mr. Dave Lekson, 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. Jimmy Lee, PE, Bridge Maintenance Unit
Mr. G.R. Shirley, Jr., PE, Division 2 Engineer
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