HomeMy WebLinkAbout19970505 Ver 1_Complete File_19970604State of North Carolina
Department of Environment,
Health and Natural Resources AT4 • •
Division of Water Quality rr W
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N I =?
A. Preston Howard, Jr., P.E., Director
June 19, 1997
Catawba County
DWQ Project # 970505
DOT No. R-2623
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below, to permanently fill
in 0.01 acres and temporarily impact 0.05 acres of wetlands or waters for the purpose of relocating SR 2007 in
Madison, as you described in your application dated 28 May 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3114. This certification allows you
to use Nationwide Permit Number 33 when it is issued by the Corps of Engineers. 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. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as modified
below. 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 and any additional conditions listed below. DOT shall follow guidance provided by
DWQ in our 27 May 1997 letter for minimizing damage to aquatic resources until a final policy is developed in
conjunction with DOT.
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 Dorney at 919-733-1786.
P1e ,
on Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files 970505.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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ISSUED
STATF
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P .O. BOX 25201, RALEIG 1-1. N.C. 27611-5201
May 28, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN: Mr. Cliff Winefordner
I
" f J ie ?7
J yj
Chief, Southern Section
Dear Sir:
SUBJECT: APPLICATION FOR A NATIONWIDE PERMIT 33. TEMPORARY
CROSSING OVER MAIDEN CREEK, SR 2007, CATAWBA COUNTY.
TIP R-2623.
The North Carolina Department of Transportation (NCDOT) is upgrading and
relocating a portion of SR 2007 (West Maiden Road) from SR 1005 (Startown Road) to
North "D" Street. This project, scheduled for completion in October 1998, has wetland
impacts less than 0.01 acres and was authorized on 14 June 1995 by a Nationwide Permit
26 with no notification required to the Army Corps of Engineers or Division of Water
Quality. It was subsequently determined by the contractor that a temporary causeway
would be required for the construction of the bridge over Maiden Creek.
Construction of the causeways will require a total of 0.05 acres of temporary fill in
surface waters. No wetlands will be impacted. The fill material will consist of Class B rip
rap from the Martin Marietta Quarry in Hickory, NC, and total approximately 392 y3.
Prior to construction, reference elevations will be taken in both temporary fill areas. The
causeway will be in place for approximately 6 months, 01 June 1997 to 01 December
1997. Following construction, all temporary fill will be removed. The area will then be
restored to its original contour and rough surface texture based on the reference
elevations. The area is expected to recover naturally, since the topsoil and seed source
will not be removed. No additional planting is proposed. Construction of this causeway is
detailed in the attached drawings.
GARLAND B. GARRETi' JP-
SECRETARY
e
2
It is anticipated that the above mentioned activities will be authorized under
Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering).
We are, therefore, requesting the issuance of a nationwide permit authorizing construction
of the causeway. By copy of this letter, it is also requested that the appropriate General
Water Quality Certification be issued by the North Carolina Division of Water Quality.
If you have any questions or need any additional information, please contact
Mr. Michael Wood at (919) 733-7844 extension 306.
Sincerel ,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/plr
cc: w/ attachment
Mr. Bob Johnson, COE
Mr. John Dorney, Division of Water Quality
Mr. David Cox, NCWRC
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development
Mr. Don Morton, P.E., Highway Design
Mr. A. L. Hankins, P.E., Hydraulics
Mr. William J. Rogers, P.E., Structure Design
Mr. R. W. Spangler, P.E., Division 12 Engineer
CORPS ACTION ID:
D---"! ID
,,,..IONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4) : NISI ?'j
p RE -CONSTRUCT = O N N OT T F =CAT = ON Ap p L = GAT = ON
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TUE! CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. C1NERS NA`=?E: NC Debt. of Transportation; Planning & Environmental Branch
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME:
Ci1r. Raleicn S?ri1L. tiL -a C 0 D E 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): (919) 733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
H. Franklin Vick, P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
Maid?_
COUNTY: Catawba NEAREST TOWN OR CITY:
1
SPECIFIC LOCATION (INCLUDE ROAD
NU',%:BERS, LANDMARKS, ETC.):
Station No 111+00 of new location nf W 2517 M icl n Road (.1; R 900-7)
6. IMPACTED OR NEAREST STREAM/RIVER: Maiden Creek
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT,
FIG QUALITY WATERS (HQW) , OUTSTANDING RESOURCE WATERS
IS-I OR .•+S-II) ? YES [ ] NO [ 3 IF YES,'' EXPLAIN: _
7b. IS THE PROJEC'I"LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
titaNAG_MENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PACE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ I NO [ J IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ? No- 26 ,
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [ 2 IF YES, DESCRIBE ANTICIPATED WORK:
TIDAL SALTWATER (SA),
(OR.-;) , WATER SUPPLY
10a.
_ST'I`.?A E'D O'iA.L NU"'-7_ OF AC :DS IN TRACT OF LAND
N/A
ESTI:NI.TED TOTAL NUM--ER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Nuill's= R OF ACRES OF WETLANDS !YPACTED SY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
(-
(-) C=-: `;= TJ =E - `.CTED S'_ ?RO=OSED _ 77 T
-__
jl
. '-
r contours)
ir'IDT ?..:C=E -(baked on normal nic:-: eater
FT
_ _ FTER
AVERAGE DEPT.. Sc_ ORS .
`,\T (/. RESULT' FRO:' (Ci-CCR ?.LL T:AT APPL'_ )
J
OPEN CHANNEL RELOCA \i. PLACEMENT OF '_)T 'PE IN C-:.j?N7"L. X
TIO,? .
CCNSTRUCTION OF A DA-M./FLOODING:
C:-:=•'NEL E C:.VATION
i
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/211 X 11" DRAWINGS ONLY):
k
r _
--it in r-pi-Ic
anci Gi,ac n ri -? r?
3
13. PURPOSE OF PROPOSED WORK: Provide a tem access road to be used in Bridge
construction and material hauling
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT
`,',v ri n-_- =C"= SY THE PROPOSED PROJECT. D:TE C-NTACTF.D: ---
N/A (ATTACH RESPONSES FROM THESE. AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [A NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PRE°7?TION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIRF.:?ENTS OF 'i'HE NORTH CA::GLINA ENVIRONMENTAL
POLICY ACT?
YES NO []
b. IF YES, HAS THE CC--7?E T REEN REVIEWED THROUGH THE NORTH CAROLINA
DEPART14ENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [A NO [ ]
4
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
See State EA/FONSI dated 10/31/94
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
PETLANDS :
a. WETLAND DELINEATION MAP SHOWING ALL ?-j TLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATION-WIDE PERMIT NUMBERS 141, 18, 21, 26,
AND 38) ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST
SHO';iN C'l THE MAP. MAP SCALES SHOULD BE 1 INC- EQUALS 50 FEET OR 1 INC:i
EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY P,'?QJECT .
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
29,
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