HomeMy WebLinkAbout19940504 Ver 1_Complete File_19940525c ? s 441. %SVEQ } MAY Z 5 1994
WETLANDS Gi_Cu ?
WATER UkLfTY 60i 4
STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY
Marc2- 10 , 1 S,94-
.District- E: '?i nee_
Army Corps OF Engine_rs
r. O. E c:%: 189"o
?^ _1r il-Igte North Carolina 28"-_02
AT:E.'li_vI?. 11atory Brand:
Dear Sir.
Suaject. Craven County, Replacement of E_i.dge No. 141 on
SR 1470 over Neuse Fiver Overflow; State Project
:d um - °.2'7"'01, T.l.r. No. B-2020
:_n Addendum to the Categorical Exclusion for the above
referenced project was clirculated on July 23, 1993. This
r_r cen ii,T: was i.eCs SSitateCi by eViSiQnS 111 the p.roject design
as proposed -1- the first C:E, which was approved by FHWA in
August, 1-99-2. The kdIde_-adum describes a new preferred
alignment, which is a bridge relocated to tie north of the
e<istinG alignme nt. The e xisring bridge tr 11 be open
t:.rougliout construction, and re-moved after the new bridge is
completed. SuSSequently, tie old roadbed will be graded down
to wetland elevation.
In the Addendum, it was stated that up to 1.9 acres of
wetlands would be filled, and that a CAMA Major Permit would
-- --likely be--required. This wetland fill estimation was based
on the assumption that all wetlands within ANCDOT's right-of-
way would be impacted; however, final design of the project
revealed that only 0.56 acre of wetland fill will be
required. Furthermore, this impact will be mitigated by the
restoration of 0.913 acre of wetlands in the footprint of the
old bridge following construction. This mitigation area will
remain under PNCDOT ownership.
. I
o:. ivov aMbe_ 2 3 1.-?JJ D'J_ a an. alp i c a -..+?
-rcr a 1'(Ia3cC:AIdA
rm T ?is pac' age irLc1uc:ed pIans ."Jr i-he p_ef er r c?
OrtPe1'n aligll::lellt with 0.3!' acre o= fi'-1 in wetlands. On
January 12, 1994, DCM notified us that no CAMA/Dredge and
Permit would be required since no CAMA Areas of
Environmental Concern would be involved. Thus, DOA Will be
the lead agency in granting permits for this pro-ject. We
hereby request that file information provided wit tae CAMA
=t a``-pli catJ cn :Je con _dered 2"e1iSiOn of tie Addendum
t`-.o the C'E. Copes of the CAMA P __ _L - apps icati0il and the
res-:+3nse --rom D-C'm are enclosed. The revised wet-land r111
ca1cu1at_oi? Zs LIi? silly change r :quire in the Addend-i_:m. yt
_s an__c:ipaLed thct the proposed i^lor._ wi i Cj',,1=._1=y as d
? t
.
Categorical Exclusion in accordance with 23 C=-R 771.1' C: ('%
Bi cOpV Of Li?io 1`LLer, .., r quest for 401 water Quality
Certi c -ati'Dn- :' the N . C . L;-L. sion of En% -; r onma -ta i
I-la-llagemei?, i- hereby m.,.del.
Thank you for
hz:ve a-ny Cues ,-L
call C'yIldi Be-1.1 at
vcu_ ass
rr ne-ed addit'ic
(919) please
BJO/clb
Attachment
Sincerely,
L/
B. - _ uinn, P.E.
Assistant Manager,
Planning and Environmental Branch
cc: COE, Washington Field Office
John Dorney, DEHNR, DEM
John Parker, DEHNR, DCM/Permi-t--Coordinator -- - -
Kelly Barger, P.E., Program Development Branch
Don Morton, P.E., Highway Design
A.L. Hankins, P.E., Hydraulics
John L. Smith, Jr., P.E., Structure Design
Tom Shearin, P.E., Roadway Design
G.R. Shirley, Jr.,-"P.E.-,-Division 2 Engineer
Wayne Fedora, P&E
Davis Moore, P&E
. 1
..? STATf u
aj?O '..aey
J
STATE OF NORTH CAROLINA
DEPARTMENT OF TANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201
November 23; 1993
Division of Coastal Manaaeme?:
North carolina'Department of Environment;
Health. aiid Natural Resources
P.O. Box 27687
Rai -i gh, Ncrzih Carolina, 2717611
ATTENTION: Mr. John Parker
Lear Sir:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Craven County - Replacement of Bridge No. 141 on
SR 1-70 over reuse River Ove,-flow; °-
ate
- Project
No. 8.2170301; T.I.P. No. B-2020; DOA Action ID.
1^Ci20,?,740
The Nortla Carolina Department of Transportation.proposes
to replace the above referenced bridge on new alignment,
along with associated approach work. The new bridge and
roadway will be constructed approximately 75 feet to the
north of the existing alignment. The bridge will be 33 leeL
w=de, 245 feet long, with a vertical clearance of five feet
above ordinary high water.
The prcr:osed cons tr,.ct-oih will requir::. x.560 acre of
fill in wetlands. No temporary fill in wetlands will be
required, as no on-site construction detour will be
constructed. The existing bridge will be open throughout
construction. Following construction, the old bridge will be
removed, and 0.913 acre of fill in the footprint of this
bridge will be restored to wetland elevation.
Application is hereby made for a Major CAMA Permit and
State Dredge and Fill Permit as required for such activities.
By copy of this letter, requests for a Section 404 Permit
from the U.S. Army Corps of Engineers.and Section 401 Water
Quality Certification from the North Carolina Division of
Environmental Management are hereby made. A CAMA processing
G)
f I
fee of 5250.00 is included with this application package.
Adjacent property owners have been notified of this permit
request. Copies of the letters sent to these property owners
and the certified mail receipts are included herein.
Thank you for your assistance. if you have any
questions, please contact C ndi Bell in Raleigh at (919) 733-
9141.
Sincerely, ?-
T
B. _nn,
Assistant Manager
Planning and Environmental Branch
cc: Mr. Archie Hankins, P.E,., Hydraulics
Mr. Charles Jones, DEM, DEHNR
Mr. Dennis Pi pki.n, P . E . , Planning & Environmental
Mr. G.R. Shirley, Jr., P.E., Division 2 Engineer
District Engineer, COE
Mr. Jimmy Lee, P.E., Bridge Maintenance
r
e` ?Fo
STATE OF NORTH CAROLINA
DEPARTMENT OF TkANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
. GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201
November 23. 1993
Mr. Bobby H. K11P,atric.>
9201 NC 2,5 'Test
Doer, North Carolina, 28526-8905
Dear S:_ .
R. SAMUEL HUNT III
SECRETARY
'zUBJDCT: Craven County - Replacement o Bridge No. 141 ere S
1470 over Neuse River Overflow; State Pro-i ect '.-To.
3.2170301; T..-E.P. No. B-2020; DOA Action 1D.
1`9203740
The North Carolina Department of Transportation proposes
to replace the existing bridge on new alignment, along with
associated approach improvements. A Coastal Area Management
Act (CAMA_) Permit, issued by the North Carolina. Division of
Coastal Management, is required for the proposed ;aorc.
NCDOT is required to notify adjacent property cwners ,
upon requesting a C,'-'.MA Permit. No -action is require: on your
part. A copy of the permit application is enclosed for your
review.
If you have any questions, please contact Cyndi Bell
with the NCDOT Planning & Environmental Branch in Raleigh at
(919) 733-3141.
Sincerely,
B J. P. E.
Assistant Manager,
Planning & Environmental Branch
a
?Y°d?Eo
STATE OF NORTH CAROLINA
DEPARTMENT OF TkANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201
November 23, 1993
?,,Ir. W. R. Newell
92^_5 NC 55 Best
over, North Carolina, 232-205
Dear Sir:
R. SAMUEL HUNT III
SECRETARY
SUBJECT: Craven County - Replacement of Bridge No. 141 on SR
1570 over Neuse River C`rer-Elow' State Project No.
3.217C-01; T.I.P. No. B-2C2C; DCA Action ID.
199203743
The North Carolina Department of Transportation proposes
to replace the existing bridge on new alignment, along with
associated approach improvements. A Coastal Area Management
Act (CAIdA) permit, issues: by the North Carolina, Division of
Coastal Management, is required for the proposed work.
NCDOT is recuired to notify adjacent property owners r
upon requesting a CAMA Permit. No action is required on your
part. A Copy c'f the permit appll Cati Gii is enclosed fGr your
review.
If you have any questions, please contact. C di -ell
with the NCDOT Planning & Environmental Branch in Raleigh at
(9:.9) 73--3141.
Sincerely,
t
B.?' nil P. E.
Assistant Manager,
Planning & Environmental Branch
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Division of Coastal Management
Field Offices
Raleigh %entral Office
N.C. Department of Natural Resources
and Community Development
Box 27687
512 N. Salisbury Street
Raleigh, N.C. 276 1 1-7687
(919) 733-2293
Washington
Box 1507
Elizabeth City
Route 6, Box 203
Highway 17 South
Elizabeth City, N.C. 27909
(919) 264-3901
---,- ----- - -------------- ------ ------ -
Gates `
%A ds ' --
Hertford
------------------- - °r
0 des
Bertie d
Washington Tyrrell Dare
1424 Carolina Avenue -
Washington, N.C. 27889 `` Beaufort --
Hyde
( `U <=
N 5j
U.S. Army Corps of Engineers
Wilmington, North Carolina
Box 1890
Wilmington, N.C. 28402
(919) 343-4639
? l
Craven
G
Pamlico
l -
Onslow ='--"-'""-
Carteret
Pender
New
% Hanover
Wilmington
Brunswick 7225 Wrightsville Avenue
Wilmington, N.C. 28403
(919) 256-4161
o -?s
1
Od
i
Morehead City
Box 769
3411 Arcndell Street
Morehead City, N.C. 28557
(919) 726-7021
1-800-682-2632
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing projth ect, new work, or both?
Bo
C. Will the project be for community, private, or
a. Name NC Dept. of Transportation; B. J. 0' Quinn commercial use?
Public
Address P . 0. Box 25201
CityRaleigh State NC d. Describe the planned use of the project.
State route owned and maintained
Zip 27611 Day phone (919) 733-3141 by NCDOT
Landowner or Authorized agent
b. Project name (if any) 8.2170301 (B-2020)
F.A. Project hk_Z-_TTTU (1)
c. If the applicant is not the landowner, also give the
owner's name and address.
N/A
2 LOCATION OF PROPOSED
PROJECT
4i LAND AND WATER
CHARACTERISTICS
a. Size of entire tract N/A
b.
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
EL. 3.0 ± to EL. 18.0 ±
d
a. Street address or secondary road number
SR 1470 e.
b. City, town, community, or landmark
Fort Barnwell
f.
Size of individual lot(s) N/A
Soil type(s)`and texture(s) of tract
Organic silty clay, silty fine to medium,
fine to coarse sand, fine to medium**
Vegetation on tract _ Heavily wooded,
seasonal swamp
Man-made features now on tract 20' wide road,
2 lane bridge.
What is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
c. County Craven g
d. Is proposed work within city limits or planning
jurisdiction? No
e.. Name of body of water nearest project
NPnGe Riy Overflow
3 DESCRIPTION AND PLANNED USE
OF PROPOSED. PROJECT
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Construct new bridge and Approach
Roads. (Two lane) Remove existing bridge
and existing approaches.
Conservation Transitional
Developed Community
X Mural Other
h. How is the tract zoned by local government?
None
i. How are adjacent waters classified?
C Sw NSW
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
**sandy silt and silty fine to medium sand
4/89
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a.. Type and number of buildings, facilities, or
structures proposed 248,375 ft. bridge over
Neuse River overflow w/24' wide approach
roa way.
b. Number of lots or parcels N/A
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
Approx. 0.6 Ac. within 75' of mean high
water.
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Erosion control plans to be part
project construction plans.
:: Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
Approx. 44% roadway pavement
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Asphalt
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
i.,, Describe proposed sewage disposal and/or waste
water treatment facilities.
N/A
j. Have these facilities received state or local approval?
N/A
k. Describe existing treatment facilities.
N/A
1. Describe location and type of discharges to waters-of
the state (for example, surface runoff, sanitary
wastewater, industrial/com a ial offlue t, "wash
down,,). Surface runoff ram bridge
2
and adjoining roadway
m. Water supply source N/A
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach access ways or provide new access.
N/A
o. If the project is on the oceanfront, what will be the
elevation above mean aa level of the first habitable
floor? N/A
6 EXCAVATION AND FILL
of INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in..
wetland-?.Tjerow
MHW
Upland fill
areas
N/A
N/A
N/A
480'± 55'+
850'± 50'±
b. Amount of material to be excavaNV from below
water level in cubic yards //
c. Type of material . N/A
d. Does the area to be excavated include marshland,
swamps, or other wetlands? N/A
e. High ground excavation, in cubic yards
0 CY
4/89
f: Dimensions of spoil disposal area
N/A
g. Location of spoil disposal area
N/A
h. Do you claim title to the disposal area? No
If not, attach a letter granting permission from the
owner.
.i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
No
k. Will the fill material be placed below mean high
water? . Yes
1. Amount of fill in cubic yards 3643 CY
m. Type of fill material Local fine to coarse sands
Suitable project excava-
n. Source of fill rriaterial tiny and »plnnr7 sit-Lm
provided by Contractor
o. Will fill material be laced on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled Approx.
4,570 SF = 0.105 Ac.
q. How will excavated or fill material be kept on site
and erosion controlled?
NCWr erosion control standards will be
adhered to. Primari y si encing a
toe of fill slope.
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Mechanical highway construction
equipment and pile driving equipment.
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap 230'
b. Average distance waterward of mean high water or
normal water level 0
c. Shoreline erosion during preceding 12 months, in
feet None noted
d. Type of bulkhead material Class II-Rip Rap
e. Amount of fill, in cubic yards, to be placed below
mean high water 36 43 CY
f. Type of fill material Suitable local fine to
coarse sands faced with Class II Rin Ran.
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written penmission from the owner to carry out
the project.
As: accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an rZ .
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 710203 for a detailed description..)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
4189
Name Mr. Bobby H. Kilpatrick
Address 9201 NC 55 West
Dover, NC 28526-8905
Name W. R. Newell
Address 9245 NC 55 West
Dover, NC 28526-8905
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N/A
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas. -
A statement on the use of public funds. If the project
involves. the expenditure-of public funds, attach a state-
ment documenting compliance-with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application
The project will be subject to conditions and restrictions
contained in the permit.
1 certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of 0VtZ i.&E.l-_-,19..
Lando er cr authorize, agent
4 4/89
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(W.S. EL=9.89
D2 JANUARY 28, 1993)
W. R. NEWELL
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(W.S. EL=9.89
JANUARY 28, 1993)
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NC DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
CRAVEN COUNTY
8.2170301 (B-2020)
S.R.- 1470 BRIDGE OVER NEUSE RIVER
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SCALE AS SHOWN
SCALE IN FEET SHEET _5_ OF - 9
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NATURAL GROUND
STATION 5+00 6+00 7+00
NC DEPT. OF TRANSPORTATION
0 5 DIVISION OF HIGHWAYS
CRAVEN COUNTY
VER. 8.2170301 (8-2020)
0 25 50 S.R. 1470 BRIDGE OVER NEUSE RIVER
?¦ OVERFLOW
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. NATURAL GROUND
5
STATION 11+00 12+00 13+00
NC DEPT. OF TRANSPORTATION
0 5 DIVISION O F HIGHWAYS
CRAVEN COUNTY
VER. 8.2170301 (B-2020)
0 25 50 S.R. 1470 BRIDGE OVER NEUS E RIVER
OVERFLOW
HOR. SCALE AS SHOWN
SCALE IN FEET SHEET 7 OF 9
-L- REV -L-
EXIST.
50 PAVEMENT 50
25 i I 25
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(6+50)
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GROUND
® AREA OF MITIGATION
SECTION B-B
FILL IN WETLANDS (11+00)
SITE QUANTITIES NC DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
FILL IN WETLANDS o_ss AC. CRAVEN COUNTY
FILL BELOW M.H.W. 3643 CY 8.2170301 (B-2020)
S.R. 1470 BRIDGE OVER NEUSE RIVER
0 25 50 EXCAVATION BELOW _ 0 C.Y. OVERFLOW
WATER LEVEL SCALE AS SHOWN
cfni [[I I LLI Wetland Mitigation 0.913 A SHEET 8 OF g
Area
SUMMARY OF AFFECTED PROPERTY OWNERS
TRACT
NO.
OWNER
ADDRESS
0 BOBBY H. KILPATRICK
9201 N.C. HIGHWAY 55 WEST
DOVER, N.C. 28526-8905
20 W.R. NEWELL 9245 N.C. HIGHWAY 55 WEST
DOVER N.C. 28526-8905
NC DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
CRAVEN COUNTY
8.2170301 (8-2020)
S.R. 1470 BRIDGE OVER NEUSE RIVER
OVERFLOW
SCALE AS SHOWN
SHEET _9_ OF --9
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 12, 1994
1:3 EHNR
Ms. Cyndi Bell
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
Division of Highways
P. O. Box 25201
Raleigh, NC 27611-5201
RE: Craven County - Replacement of Bridge #141, on SR1470 over the Neuse River
Overflow
Dear Ms. Bell:
I have reviewed the project plans for the referenced bridge replacement and I conducted
an onsite visit in late December.
I have determined that no CAMA/Dredge and Fill Permit will be required since no
CAMA Areas of Environmental Concern (AEC) are involved with the creek crossing.
Specifically, the surface waters of the creek do not meet the Public Trust AEC definition as
found in 15 NCAC, Subchapter 7H.
Thank you for your coordination with this office.
Sincerely,
LL. Mercer
Field Representative
JLM/dh
cc: Charles S. Jones
Barney O'Quinn
Norm Sanders, COE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone 919-726-7021 FAX 919-247-3330
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 Coastal Management,
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Alf ?5TA
? E 1---1 R
January 12, 1994
Ms. Cyndi Bell
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
Division of Highways
P. O. Box 25201
Raleigh, NC 27611-5201
RE: Craven County - Replacement of Bridge #141, on SR1470 over the Neuse River
Overflow
Dear Ms. tell:
I have reviewed the project plans for the referenced bridge replacement and I conducted
an onsite visit in late December.
I have determined that no CAMA/Dredge and Fill Permit will be required since no
CAMA Areas of Environmental Concern (AEC) are involved with the creek crossing.
Specifically, the surface waters of the creek do not meet the Public Trust AEC definition as
found in 15 NCAC, Subchapter 7H.
Thank you for your coordination with this office.
Sincerely,
L. Mercer
Field Representative
JLM/dh
cc: Charles S. Jones
Barney O'Quinn
Norm Sanders, COE
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone 919-726-7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
G ?
• ?•
CWATEERVItA4LITY t1994
STATE OF NORTH CAROLINA ,LS GlSPQTF & ,.
EC????,:?J
DEPARTMENT OF TMNSPORTATION
JAMES B. HUNT. JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
May 4, 1994
MEMORANDUM TO: Mr. G. R. Shirley, Jr., P.E.
Division 2 Engineer
FROM: B. J. O'Quinn, P.E
Assistant Manager
Planning and Envirotnt ranch
SUBJECT: Craven County, Replace Bridge No. 141
over the Neuse River on SR 1470 (Maple
Cypress Road); State Project No.
8.2170301; T.I.P. #B-2020
Attached are the U. S. Army Corps of Engineers Nationwide Permit
No. 23 (Approved Categorical Exclusion) and,the general .
conditions for the DEM 401 Water Quality Certification for the
above referenced project. All environmental permits have been
received for this project.
BJO/eah
Attachment
CC: Mr. G. T. Shearin, P.E.
Mr. Kelly Barger, P.E.
Mr. Don Morton, P.E.
Mr. A. L. Hankins, P.E.
Mr. Victor Barbour, P.E.
Mr. John Smith, P.E.
Mr. N. L. Graf, FHWA
Mr. W. D. Johnson
Mr. H. Franklin Vick, P.E. (cover only)
Mr. Gary Jessup (cover only)
.ly
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
21 April 1994 !!
IN REPLY REFER TO
Regulatory Branch
Action ID. 199203740 and Nationwide Permit No. 23 (Approved
Exclusions) - State Project No. B-2020
Mr. H. Franklin Vick, Manager
Planning and Environmental Branch
Division of Highways
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
16
APR Z S I%
DlVIS?C'V OF =VZ
?qrRr,,,,..?tscA
Reference Mr. B. J. O'Quinn's letter dated March 10, 1994, regarding
your application for Department of the Army authorization to replace
existing Bridge No. 141 on S.R. 1470 (Maple Cypress Road), over Neuse River
Overflow, near the communities of Riverside and Fort Barnwell, in Craven
County, North Carolina.
Mr. Quinn's letter clarified that 0.56 acre of wetland impacts are
anticipated for the proposed project described in your Categorical Exclusion
document dated July 1993, along with detailing proposed mitigation by
restoring 0.913 acre of wetlands in the footprint of the existing bridge and
approach fills upon completion of the new structure- ,-
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
(NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act
of 1899 and Section 404 of the Clean Water Act, was provided for activities
undertaken, assisted, authorized, regulated, funded or financed, in whole or
in part, by another Federal agency or department where that agency or
department has determined, pursuant to the CEQ Regulation for the
Implementing the Procedural Provisions of the National Environmental Policy
Act, that the activity, work or discharge is categorically excluded from
environmental documentation because it is included within a category of
actions which neither individually nor cumulatively have a significant
effect on the human environment, and the office of the Chief of Engineers
has been furnished notice of the agency's or department's application for
the categorical exclusion and concurs with that determination.
Your work, the proposed filling of 0.56 acres of wetlands is
authorized by this NWP provided it is accomplished in strict accordance with
-2-
the enclosed conditions and your proposed mitigation plan. This NWP does
not relieve you of the responsibility to obtain any required State or local
approval. You should contact Mr. John Dorney at telephone (919) 733-1786
regarding water quality certification.
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 NWP authorization is reissued without modification or the
activity complies with any subsequent modification of the NWP authorization.
If during the 2 years, the NWP 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 NWP, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon
the NWP will remain authorized provided the activity is completed within
12 months of the date of the NWP's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to
modify, suspend or revoke the authorization.
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,
Enclosure
e Wrigh
Chief Regulatory Branch
-3-
Copies Furnished (without enclosure):
Mr. 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. Joe Squires
Craven County Building Code Administrator
Post Office Drawer R
New Bern, North Carolina 28563
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 769
Morehead City, North Carolina 28557
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in.wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park,Service and the-U..S..Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CL7-GCWON
-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall mot begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 3310.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
15. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
18. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede 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).
-3-
19. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
r ?
STATE CONSISTENCY CONDITIONS
a. If the proposed activity is within or has a potential to significantly
affect any land or water use or natural resource of the North Carolina coastal
area, a consistency determination pursuant to 15 CFR 930, Subpart C may be
required.
b. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAMA) permit is required
from the North Carolina Division of Coastal Management (NCDEM). Should an
activity within or potentially affecting an AEC be proposed bya Federal
agency, a consistency-determination pursuant to 15 CFR 930 must be provided to
the NCDEM at least-90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. Use of this nationwide permit requires., written notice to the North
Carolina Division of Environmental Managment (NCDEM). Written concurrence
from the NCDEM is not required provided that there is compliance with all
conditions of this general certification.
b. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management (NCDEM); 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
c. Measures shall be taken to prevent: live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
c17-23
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director June 13, 1994
4A
ti U. JUN 1 5 194
Mr. B.J. O'Quinn
Planning and Environmental Branch WETLAND GROUP
NC Department of Transportation WATER QUALITY SECTION
P.O. Box 25201
Raleigh, NC 27611-5201
RE: DEM ID 194504, Nationwide Permit Application for an
activity located on SR 1470 at Bridge No. 141, Craven
County.
Dear Mr. O'Quinn:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated November
29, 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 referenced
application qualifies to receive one of the Nationwide
Permits described in 33 CFR Part 330 with the exception
of Numbers 17, 21, 24, and 34 which were found inconsis-
tent 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 me at (919) 726-7021, Ext. 263, if you have any questions
or need further assistance.
Sincerely,
Charles S. Jones
District Manager
csj
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Cyndi Bell, DOT
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone 919-726-7021 FAX 919-247-3330
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper