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HomeMy WebLinkAbout19970328 Ver 1_Complete File_19970415State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611 Dear Mr. Vick: oft ?EHNI=1 May 7, 1997 Hyde County WQC 401 Project 4970328 You have our approval, in accordance with the attached conditions, to place fill material in 5,195 square feet of waters for the purpose of repairing the road shoulder at the end of SR 1150 near the Pungo River, as you described in your application dated 2 April 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786. Sincerely, ton How , Jr. YR. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorsey Central Files John Parker; DCM 970328.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper fr DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: N C Department of Transportation 2. LOCATION OF PROJECT SITE: End of SR 1150 in Hyde County adjacent the Pungo River near Scranton, North Carolina Photo Index - 1995: #109-1158; W-8,9,10, V-7,8 1989: #2-87-15; N-14,15, M-13 1984: #87-1027; 0-16,17,18,19 State Plane Coordinates - X: 2,725,200 Y: 642,600 Pamlico Beach Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/19/97 02/13/97 Was Applicant Present - YES NO 5. PROCESSING PROCEDURE: Application Received - 03/31/97 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Rural (land) (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: YES (D) Intended Use: Public Conservation (water, wetlands) (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - unpaved road Planned - unpaved road with riprap protection (G) Estimated Annual Rate of Erosion: 11.5' (measured to the erosion scarp) Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FIT"T"ED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands River bottom ±5,195 ftz (C) Other High ground ±11,948.5 ftz (D) Total Area Disturbed: f 0.39 acres (E) Primary Nursery Area: NO (F) Water Classification: SB-NSW Open: YES 8. PROJECT SUMMARY: The applicant proposes to repair f 1,039' of road shoulder and armor it with riprap. NC DOT SR 1150 Hyde County Project setting The N. C. Department of Transportation (NC DOT) proposes to repair ±1,039 feet of road shoulder adjacent the Pungo River and armor it with riprap. The project site is at the end of SR 1150 in Hyde County near Scranton, North Carolina. The project site is an existing dirt road which runs parallel to the Pungo River and accesses residential lots. The existing road shoulder which is vegetated with upland grasses was severely eroded during the two major storm events of 1996. On both sides of the project area are developed residential lots with riprap along the shorelines. The project site has an average height of f3.5 feet above the normal water level. Pungo River is classified as SB-NSW by the Environmental Management Commission and is open to shell fishing at this location. Project description The NC DOT proposes to re-establish the eroded road shoulder of SR 1150 and armor it by placing riprap an average of 5' into the Pungo River. The project is ± 1,039' long and will require ±11,948.5 ftz of upland fill for the road shoulder and ±5,195 ft2 of riprap fill in the Pungo River below the normal water level. Anticipated impacts Approximately 5,195 W of river bottom will be filled associated with the placement of the riprap material. Approximately 11,948.5 ft2 of high ground will be filled associated with the re- establishment of the road shoulder. The project as proposed will result in localized turbidity as a result of the construction activities. David W. Moye - 31 March 1997 A a "S`"'t. V Wn A N? M., ?? pMx ?• • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY March 7, 1997 Mr. Terry L. Moore, District Manager N.C. Department of Environment, Health and Natural Resources Division of Coastal Management Washington District Office 943 Washington Square Mall Washington, NC 27889 Dear Mr. Moore: The North Carolina Department of Transportation is proposing to undertake maintenance and repair activities at two secondary road sites in Hyde and Tyrrell Counties. The state-owned right of way for both projects is 60 feet (30 feet on either side of centerline). In both cases, the proposed work will encroach into Areas of Environmental Concern (AECs). For this reason, the enclosed applications and related exhibits are submitted for your consideration and approval. A description of the proposed work follows. 1. Hyde County (SR 1150): A section of this unpaved secondary road, lying adjacent to the Pungo River was damaged significantly by a succession of storm events. The most recent storms, associated with Hurricanes Bertha (July) & Fran (September), resulted in substantial erosion of the shoreline and adjacent fill slopes of the roadway. The Department proposes to install a riprap shoreline protection device along a line approximately 28 feet waterward of the existing centerline of the roadway. This point, the proposed toe of the riprap, represents an average encroachment into the Estuarine Waters AEC (measured from NWL) of approximately 14-15 feet. Since the shoreline erosion during the last 12 months is conservatively estimated to be 11-12 feet, the leading edge of the riprap will be only 3-4 feet waterward of the pre-storm shoreline. Once the riprap has been placed, a geotechnical filter fabric barrier will be laid down behind the stone, followed by placement of earth fill obtained from an upland borrow site. This material will constitute the reconstructed roadway fill slope. Of course, stringent erosion controls will be implemented in accordance with the Department's Best Management Practices for the Protection of Surface Waters. t? Page 2 March 7, 1997 Mr. Moore Tyrrell County (NC 94/SR 1301): The North Carolina Department of Transportation is planning to improve the intersection of NC 94/SR 1301. Turning radii will be widened for traffic turning north on NC 94 from S? 301 and for northbound traffic-turning east on SR 1301 from NC 94. To accon) ish this improvern ,enr,'the pipe culverts under SR 1301 at the canal crossing will be-,r`placed yvith longer pipes so that the shoulders of the roadway can be wid ed.r This canal, an unnamed tributary to Rider's Creek, has been identified;as?Q lic Trust Waters AEC. Widening the intersection will result in small.ericroachmen into the canal on the north and south sides of SR 1301. This' improvement will tify an existing problem, whereby trucks mu1-presently swing into the oppose lane of traffic to make a right turn from SR-1301 onto northbound NC 94, and/or trucks must utilize a portion of the westbound traffic lane of SR 1301 when turning east on SR 1301 from NC 94. The juxtaposition of the canal with the roadway is, of course, the reason for the tight radii at the intersection. In addition to the CAMA Major Development Permit application forms (MP-1 and MP-2 for Hyde County project; MP-1 and MP-5 for Tyrrell County project), please find copies of engineering drawings of the projects, copies of letters and notification forms to the adjacent riparian landowners, and two checks, each for $250.00 to cover the application fees. Once return receipt green cards have been received from the postal service copies will be forwarded to your office. . Please call M. Randall Turner at (919) 482-7977 if you have any questions or comments. Thank you for your time and consideration. Si er H. Franklin Vick, RE., Manager Planning & Environmental Branch HFV/mrt Enclosures cc: Mr. John Parker, NCDEHNR-DCM, Raleigh Mr. Tom Shearin, RE., NCDOT Roadway Design Unit Mr. A. L. Hankins, PE., NCDOT Hydraulics Unit Mr. Don Morton, RE., NCDOT, Design Branch Mr. D. R. Conner, PE., NCDOT Division 1 Mr. M. Randall Turner; NCDOT, P & E Branch-Division 1 Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name N. C. Department of Transportation Address P.O. Box 25201 Citv Raleigh State N.C Zip 27611-5Ml Day Phone (919) 733-3141 Fax (919) 733-9794 b. Authorized Agent: Name H Franklin Vick P.E., Mu., P&E Branch Address P.O. Box 25201 City Raleigh State N.C. Zip 27611-5201 Day Phone 919) 733-3141 Fax (919) 733-9794 c. Project name (if any) Stabilization of shoreline at SR 1150 NOTE: Permit will be issued in name of landowner(s', and/or project name. 2. LOCATION OF PROPOSED PROJECT b. City, town, community or landmark Sladesville c. Street address or secondary road number SR 1150 d. Is proposed work within city limits or planning jurisdiction? Yes N No e. Name of body of water nearest project (e.g. river, creek, sound. bay) Pungo River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Stabilize shoreline/repair storm erosion of road. Install line of rock rip-rap to anchor toe of roadway Repair eroded shoulders and fill slope of roadwav with earth fill b. Is the proposed activity maintenance of an existing project, new work, or both? Maintenance c. Will the project be for public, private or commercial use? Public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Purpose: Stabilize roadwav fill & protect road from future storm erosion: Use: Public transportation: Methods: Standard road construc- der, tion equipment including backhoes, motor agr, dozer and dump trucks a. County Form DCM-MP-1 4. LAND AND NVATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL+/-) 3 ft above NWL d. Soil type(s) and texture(s) of tract Roadway fill, fork fine sandy loam, Yong es loam e. Vegetation on tract sparse herbaceous volunteers f. Man-made features now on tract Existing unpaved roadwav g. What is the LAMA Land Use Plan land classification of the site? (Consult the local land use plan,) Conservation Transitional Developed Communitv X Rural Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? Yes No N/A (.Attach zoning compliance certificate, if applicable.) Has a professional archaeological assessment been done for the tract'Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? _ Yes Y No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface run-off from roadway o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: 0 A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. 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 permission from the owner to carry out the project. 0 An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 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 an adequate number of 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 Form DCM-MP-1 the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. QA list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Coy & Patty Buck Address Rt. 1, Box 15D Scranton. NC 27879 Name Red Lowe Address P.O. Box 2 Scranton, NC 27879 Name Address Phone 0 A list of previous state or federal permits issued for work on the project tract. Include pen-nit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. 0 A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that 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. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I 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 the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the __5" day of March 1907_. Print Name H. Fra Vick, P . Signature Landmvner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Forin DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-NIP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards Describe below the purpose of proposed excavation or till activities. All values to be given in feet. N/A Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No If yes, where? Average Final Existing Project Length Width Depth Depth Forin DCM-M11-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes NO 3. SHORELINE STABILIZATION a. Type of shoreline stabilization _ Bulkhead 1 Riprap b. Length 1.039 feet c. Average distance waterward of i\,,MV or NT?Nl 5 feet (NT INI) d. Maximum distance waterward of MHtiV or NWL feet C\RbZ) e. Shoreline erosion during preceding 12 months _ 11.5 feet (measured to erosion scarp) - iSource of'infornn aiion) Visual f. Type of bulkhead or riprap material Class II unite ri ? ra ? g. mount of fill in cubic yards to be placed below water level (1) Riprap (-.-) 17? _ (3) Bulkhead backfill 35i)-400 If yes, (1) Dimensions of fill area (2) Purpose of till 5. GENERX.L a. How will excavated or till material be kept on site and erosion controlled? Stringenet application of the NCDOT's Best \fanat7ement Practices for the _ Protection of Surface Waters in N.C. b. What type of construction equipment will be used (for example. dragline, backhoe, or hydraulic dredge)? Backhoe, dozer. motoruader. dump trucks h. Ttpe of till material upland soil borrow i. Source of fill material NTCDOT pit located on SR 1303 c. Will wetlands be crossed in transporting equipment to project site? Yes N No If yes.. explain steps that will be taken to lessen environmental impacts. 4. OTHER FILL ACTIVITIES -N/A (Excluding Shoreline Stabilization) H. Franklin Vick. P.E. a. Will till material be brought to site? Applicant or Project Nam Yes No Siang urt e (1) Amount of material to be placed in the water (^_) Dimensions of till area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No /_% Z - Date t/1 z O ? 2 F, ? z ctl O ? z z O '' ^ O G.i I'"' cn I , ^ NI vl R t11 If? u? / nl 71 .9L I LQ I? I? I , I'i I)l III ?I II II O III 1 'llI I `III J V I j I•I, Nf LI `Faz `? O o? CC C4 cs- >' o c d h G Z C) ? lop 1 J \ ?4/J )- IT L-!JIU I l$ s cs ?, 9 9fo 0 Z? ?li?G?S L ? :S `t Zo Z6 (D1 0 U zO ? zo Nw??SL e3, 3f o v /S /'E ? ??d Exut??1G ?p ?p 3¢ 9/L/SL ?s ZO O i-00 / n to NORTH CAROLINA DEPARZI' 1NT OF TRANSPORTATION DIVISION OF I-HGMV. AYS COUNTY: I'ROJCC : SHOULDER RECONSTRUCTION ONSR1150 DATE. 03-26-97' SUBJECT: - w SCALE:. NTS SIICET: 3A OF 3 1" = 5' VERT 1" = 10' HOR NJI h w o_ m q 4 J v kL J 0 V) O O 0( QJ? 3 ? v z -= o = 11 s rg? f ~ Cl) v G? c1 v r 01 I DEHNR Fax:9199753716 Apr 25 '97 15:19 P.05/09 Tor '. .Io?. Dorney P1ann, ing Branch QIVISION OF.BNVIROMMM4TAL MANAGSNM _ GAMA/CU$ PWaT APPLICATION REVD ?IaRD. PRQ 84"F?; . r 1 7 WQ strPERVZsORz ' ? Eli S?WY? THMPE DAVE: Aj SID. ••JNFOREIISTFON FOR . camuL OFFICB mucia G mar ;xR: PERK[Tr, ro- : co n+rm. PRWXC?r., .10M ItO ar TYPE ! tP rt PERMIT TYPE; ooft COE DOT 0: R(W'1AH.. MA: DATR FROM CDA `UFI?TC$: WaRO , SUB RAS1N #: STAMM bR ADJACENT WATER BODY: 4 •p j }.1 S"` STREAK INDEX -j TYPE! 1'F?? It?Q tftTBn: WL AM BST: 090 ' CN L'T?: fiL SCORE; lg KT dN: MITIGATION TYPE: 1GATIOf?T' SITB: G S1fiEET ATTACHED? RBCOMB! MATtON. TS IsSUE/COND DENY HOLD : STOBr"!{A`R PLAN REQ:' D : IF YES, DATE APPROVED: ac-'- ,?J PRO k 1 D1oCRIjTI N; , ; rr-- r,47r; VATHR. IF I.F: YES . REQ ; 'D TYPE: .r? :SFx?H . bZSPOS, TYPE OF DISPOSAL PROPOSBDa (EXISTING, PROPOSED, SEPTIC TANK ETC") TO BE''-PERNITTED $Y: (DER, DHS, , COUNTY) TP. BY; DEM., IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: WXTSR/i.TgTt:llbiD 1II;I, AREA'OF FILL : WATER : wETL.arrD: -- IS'. FI.I, ELIMINATING A SIGNIFICANT USE? AREA: O BE DAUQED: T u is.'Dlli?GING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF :•.• BESOtCE? IS iF&L DISPOSAL ADEQUATELY ADDRESSED? ARE M. FOLLOWING ADEQUATELY ADDRESSED? 4EFf*P$ DISPOSAL: MARINA SERVICES: 0}CYM IN BASIN: CLOSURE OF 311ELLFISHING WATERS: OC: Wa o; Central Files; DCN Field Offices; COE Washington Office