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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 Ift 6 1111 7 10 d.,?srn?o Y 1 ?yl/+n. Y ?w 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 W ?v »'', " c7o DS , VVALL iNk,Lfillt l sTA 3 f p, / ?I v? ?rADWAU 12EQ O 2 + 71 1N gR?. x 7?? rI ?? ?jl r GCS c} LA,°r)5 Q v ?. L,4 lfpf p s A S OT 73 P?4 ?? /VUTE: THESE r o '91,i5m4X Oq/ty FLvw C4?avT ?? /? /HO R rrS RVN 55PAWATCL y, 7N1,- Av<,eAcrrF-. A/I/L/ Flaw ?`=Xcgvgrro,? rv2 4vT/{ /S21I7?ris /?? u,r:i u1?,,?5 ?'° l=JLL /,? wr,;ri.9,VOS gXcAv,471u-,1 JN w,CiIAuOS 7V 7b 74 L :`•?: :::= N??c /,v w?Ti?.eS Fac/N wr . o c- o. or o, by q TL,41005 ? .vi 0.o17 0,0a9 ?aL T-14 L D, bv83aC _ o. 61 75.7,n_ ScAt?• : /'', ;v ?vMi-s o,dv?6e? o,n?/Slate 37 g? 7074<- Jmoodr-7ECT - t LA J f {7 4+W 54- UO - (0- t - - ---------------- Z:A - - JAL MEP NU r? HK - - - - AT :` - - -- -- t .o.ac J.H. lij +a Il s oaae. c- --- - „o, s M SCALE SCALE F<X EtKJUlGEAkEWS BEAUFORT COUNTY NORTH CAROLINA 1