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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 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper 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, BE 5 1 OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) S ?0 9 ATE N F•.F_L, i ICON TO STRUCTURE O O O CL it F,P Fa° TO ELEv.S EST 55 TONS wcCASUM x?casux CL It MP F AF \ C TO ELEV.r?05.0 ESr 55 TONS ? f ENO 6P/0'-:E ? L POr Srn 112.40 z Z U O 0 J Z Q f- W r LLJ 2 0 C\j ? s W O 0 ?? O CL. 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