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
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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
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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
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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
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DEPARZI' 1NT OF TRANSPORTATION
DIVISION OF I-HGMV. AYS
COUNTY:
I'ROJCC : SHOULDER RECONSTRUCTION ONSR1150
DATE. 03-26-97'
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Tor '. .Io?. Dorney
P1ann, ing Branch
QIVISION OF.BNVIROMMM4TAL MANAGSNM _
GAMA/CU$ PWaT APPLICATION REVD
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TYPE OF DISPOSAL PROPOSBDa
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TP. BY; DEM., IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
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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