19970451 Ver 1_Complete File_19970522 (2)

State 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
AT4 or
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ID EHNF1
May 28, 1997
New Hanover County
DWQ Project # 970451
COE #199603557, TIP #U-2733
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 place fill material
in 0.008 acres of wetlands or waters for the purpose of widening US 74 (Eastwood Road) from SR 1905 to SR
1409, as you described in your application dated 14 May 1997. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3103. This certification allows you to use
Nationwide Permit Number 14 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. Sediment and erosion control measures
shall adhere to the design standards for sensitive watersheds (T 15A:04B .0024).
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Phillip Todd; N.C. DOT
ISince ly,
1 ? ?r
Preston Howard, Jr. P.E 1
Division of Water Quality - Environmental Sciences Branch 970451.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 500/6 recycled/10% post consumer paper

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH: N.C. 27611-5201
May 14, 1997
Department of Environment, Health
and Natural Resources ISSL
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
ATTENTION: Mr. John Dorney
Dear Sir:
GARLAND B. GARRETT J R.
SECRETARY
sow
?n
SUBJECT: New Hanover County, US 74 (Eastwood Road), from SR 1905
(Racine Drive) to SR 1409 (Military Cutoff Road); Federal Aid
No. STPNHF-74(13); State Project No. 8.1251101; TIP No.
U-2733; COE ID 199603557.
The North Carolina Department of Transportation (DOT) proposes to widen
US 74 (Eastwood Road) to a five-lane facility from SR 1905 (Racine Drive) to SR 1409
(Military Cutoff Road). The project occurs in Wilmington and is 2.2 miles in length.
The project is scheduled to be let to construction in July 1997.
The scope of this project was described in an Environmental Assessment (EA)
that was signed by the Federal Highway Administration (FHWA) on January 31, 1996.
The Finding of No Significant Impact (FONSI) was approved by the FHWA on July 29,
1996. Copies of the EA and FONSI have been provided to regulatory agencies involved
in the permit review process.
Construction plans for widening US 74 include the extension of an existing
culvert at an unnamed tributary of Bradley Creek. The culvert extension will impact
0.008 acre of surface waters.
The DOT has performed a wetland investigation in the project limits. The
potential wetland site identified in the EA was investigated and found to lie outside of the
right-of-way. No other potential wetlands were found within the project limits.
e
The DOT has contacted the NC Division of Coastal Management (DCM) in
regard to the unnamed tributary of Bradley Creek being classified as an Area of
Environmental Concern (AEC). Ms. Tere Barrett of the DCM staff in Wilmington was
contacted by phone on July 01, 1996. Ms. Barrett declared that the stream is not AEC
and that a Coastal Area Management Act (LAMA) permit from the DCM was not
required for this project.
The EA documents that Bradley Creek is classified as High Quality Waters
(HQW). The DOT committed to using "Design Standards in Sensitive Watersheds" of
the Sedimentation Control guidelines in addition to standard DOT Best Management
Practices (BMPs) for the Protection of Surface Waters. The DOT has also incorporated
into design plans the construction of a wet detention basin at the US 74/ Rogersville Road
intersection.
Based on scope of project work, the DOT proposes to widen US 74 under a
Section 404 Nationwide Permit 14 without written concurrence from the Corps of
Engineers (COE). The DOT is providing a copy of ?liis letter and permit application to
the COE. Due to the recent changes in the Section 401 Water Quality Certification
process, the DOT is requesting written concurrence from the NC Division Water Quality
for project construction.
Thank you for you assistance with this project. If you have any questions, please
contact Mr. Phillip Todd at [phone], Extension 314.
Sincerel ,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: Mr. Scott McLendon, COE, Wilmington
Mr. David Cox, NCWRC, Northside
Mr. John Hefner, USFWS, Raleigh
Mr. Ron Sechler, NMFS
Mr. N. L. Graf, P.E., FHWA
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 Rogers, P.E., Structure Design
Mr. D. A. Allsbrook, Jr., P.E., Division 5 Engineer
DEM ID: CORPS ACTION Ip: 199603557
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
T.I.P. No. U-2733
NWP 14
PRE -CONSTRUCT = ON NOT = F =CAT 2 ON AP PL S CAT Z ON
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE 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. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch
2. MAILING ADDRESS:
Post Office Box 25201
CITY: Raleigh STATE:
SUBDIVISION NAME:
NC ZIP CODE:
27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): [phone]
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):
COUNTY: New Hanover NEAREST TOWN OR CITY: Wilmington

1
Topo map - Wrightsville Beach
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): US 74 (Eastwood Road) from SR 1905 (Racine
Drive to SR 1409 (Military Cutoff Road)
6. IMPACTED OR NEAREST STREAM/RIVER: UT of Bradley Creek
RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [X] NO [ J IF YES, EXPLAIN: Bradley Creek has a
designation of HWQ-DOT will use "Design Standards in Sensitive Watersheds"
of sedimentation control guidelines.
7b. IS THE PROJ5CT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OV ENVIRONMENTAL CONCERN (AEC)? YES [ ) NO [X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Urban Transitional zone.
8a. HAVE ANY SECTION 404 PERMITS
PROPERTY? YES [ ] NO [X] IF
PREVIOUS PERMIT AND ANY ADDITIONAL
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:

BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
YES, PROVIDE ACTION I.D. NUMBER OF
INFORMATION (INCLUDE PHOTOCOPY OF 401
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED: N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED PROVIDE DISTANCE BOTH BEFORE AND,AFTER RELOCATION):
LENGTH BEFORE: N/A FT -AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
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 1/2" X 11" DRAWINGS ONLY):
Widening of US 74 from SR 1409 to SR 1905, includes the culvert extension
at
tributarv of Bradley Creek. Roadwa
construction equipment.
FT
FT
FT
FT
3
13. PURPOSE OF PROPOSED WORK: Public roadway.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
N/A

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
MAY BE AFFECTED BY THE PROPOSED PROJECT". DATE CONTACTED:
March 13, 1995 (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: Concurrence form dated April 27, 1995.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [X] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] 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.
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 [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
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?
Residential, Scattered Office/Institutional, Strip Commercial
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.
0 N S/AGENT'S SI NATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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