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HomeMy WebLinkAbout19970986 Ver 1_Complete File_19971112State of North Carolina Department of Environment and Natural Resources 4 • Division of Water Quality i James B. Hunt, Jr., Governor Wayne McDevitt, Secretary D E N R A. Preston Howard, Jr., P.E., Director Mr. Frank Vick NC DOT PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: January 8, 1998 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed US 17 Widening from 0.26 miles northeast of SR 1571 (Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road WQC Project #970986, COE #199704475, TIP R-2405BA Pender County Attached hereto is a copy of Certification No.3173 issued to NC DOT dated January 8, 1998. If we can be of further assistance, do not hesitate to contact us. Sincerely, Attachments 970986.wgc 0-1111 eston Howard, Jr E cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Division of Water Quality • Environmental Sciences Branch Enviro. 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 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to NC DOT resulting in 0.77 acres of wetland impact in Pender County pursuant to an application filed on the 10th day of November, 1997 to widen US 17 from 0.26 miles northeast of SR 1571 (Scott's Hill Loop Road) The application provides adequate assurance that the discharges of fill material into the waters of an unnamed tributary to Futch Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and you may be required to submit a revised 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 below. 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 regulation:. Condition(s) of Certification: 1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 4. Should waste or borrow sites be located in wetlands, compensatory mitigation is required since it is a direct impact from road construction activities; 5. Compensatory mitigation shall be done in accordance with the Corps of Engineers requirements. DWQ shall be copied on the approved ratio, location, size and method of mitigation (restoration, enhancement, creation and preservation) within 30 days after the 404 are issued and annual reports for the entire length of the monitoring period. 6. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506(h), 2.00 acres of restoration will be required. Until the Wetland Restoration Program receives and clears your check in the amount of $24,000 (made payable to DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certificati0on to make this payment. For accounting purposes, this Certification authorizes the fill of 0.77 acres of non-riparian wetlands in Cape Fear river and subbasin and is required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of acreage amounts to the nearest one- quarter acre (15A NCAC 2H.0503(b)). Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 8th day of January 1998 DIVISION OF WATER QUALITY .C J? Y?? Pr dh How r. P.E. WQC #3173 A NORTH CAROLINA - DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2H .0500, NC DOT DWQ Project # 970986 is authorized to impact the surface waters of the State of North Carolina as indicated below for the purpose(s) of constructing US 17 from 0.26 milesnortheast of SR 1571 (Scott;s Hill Loop Road) to 0.37 miles southeast of Whitebridge Road. All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. AUTHORIZED IMPACTS: 0.77 acres of Class WL wetlands acres of riparian wetlands 0.77 acres of non-riparian wetlands acres of Class SWL wetlands linear feet of stream channel LOCATION: US 17 from 0.26 mile northeast of SR 1571 to 0.37 mile southeast of Whitebridee Road COUNTY: Pender BASIN/SUBBASIN: COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION PROGRAM As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to one-quarter acre increments according to 15A 2R.0503(b) 2.0 acres of Class WL wetlands 2.0 acres of riparian wetlands acres of non-riparian wetlands acres of Class SWL wetlands linear feet of stream channel One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISION OF WATER QUALITY P.O. BOX 29535 RALEIGH, NC 27626-0535 NCDOT/P&E BRANCH Fax:919-733-9794 Jan 2 '98 12:22 P.02 STATE OF NORTH CAROLINA JUARTMENT Q TRANSPMATION GAwwa B, GARRETT JR. ?,rkmra D. lit:: ,T }R. DlV1S.C"? OE HIGHWAYS uovaavok P.6.60X25201, R4EIGH,'N,C 27611-5201 SECRETARY lanuary 2, 1998 Division of Watef Quality NC Dept. of Environment, Health & Natural Resources . 4401 Reedy Creels Road Raleigh, North Carolina 27607 ATTN.: Mr. John Dorney Dear Sir: Subject: Pender County, US 17 from. 0.26 miles northeast of SR 1571(Scott's flill Loop Road) to 0.37.miles southeast of Whitebridge Road, State Project No. 6.279001T, TIP No. 0405 BA. The North Carolina Department of Transportation proposes to widen,and improve US 17 from 0.26 miles northeast of SR 1571(Scot 's Hill Loop Road) to 0.37 miles southeast of Whitebridge':Road. The road will be widened to a four-lane divided rural facility with 46- foot medians. On November 10., 1997, Section 404 and Section 401, permits were submitted to the Corps of Engineers and: hO N.C:.Division of Water Quality (DWQ) respectively. The Corps of Engineers issued the Section 404 permit on December 24, 1997. On December. 31,1997,, we were informed. lyy the DWQ that mitigation would be required before the Section 401 permit could be: issue& and that payment, to the Wetland Restoration Prograxn.(WRP) would satisfy'the mitigation requirements. The purpose of this letter is to inform the DWQ that we wi4 comply with this request. In compllance with 15A NCAC 2H.0506(h)(7), we agree:to mitigate for impacts to 0,77 acres of fill in non-riparian wetlands at.a ratio of 2:1 with'a check to the WRP for $18,000. ?r NCDOT/P&E BRANCH Fax:919-733-9794 Jan 2 '98 12:22 P.03 We understand that themutigation issue was the only outstanding issue associated with the issuance of a Section 401 permit for the subject project. If you have any questions or need additional information please call Alice N. Gordon at (919) 733-7844 Ext. 307. Sincere Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/pl.r cc: w/attachment Mr. Michael Smith,. Corps of Engin?ers,.Wilmington lvlr. lamest Jabnke, Corps of'Engineers, Wilmington Field Office Mr. John Hefner; USFWS, Raleigh : 1 Mr. N. L. Graf, P.E., FHWA Mr. Whit Wcbb, P.E. Program Dcvctopment Branch Mr. R. L. Hill, PM., Highway Dcsig> 13,rauch Mr. A. L. Hankins, P.E:, Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Sheariri, P.E., Roadway.Nsign Unit Mr. D, J. Bowers, RE., Division 3 (E ngineer I? . ?a1 yf? MINORrAXDUM PRINT NAMES : Reviewer:N f htlS TO: JOHN DORNEY WQ SUPV.: $ ?U ENVIRONMENTAL SCIENCES BRANCH DATE: 17 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS **EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: APPLICANT NAME: PROJECT-TYPE: COE #: RCD_FROM _CDA: REG OFFICE: 97 PERMIT NO: 0000986 NC DOT US 17 ROAD WIDENING DOT WIRO COUNTY: PENDER PERMIT-TYPE: NW14 DOT #: DATE FRM CDA: 11/12/97 RIVER AND SUB BASIN J: 030624 STR INDEX N0: 18-78-19 STREAM-CLASS: ??SA WL_IMPACT?:(Y N WL_TYPE: WL_REQUESTED:??//(0i7--j 14r- WL_ACR_EST?: Y WL_SCOREM : WATER IMPACTED BY FILL?: (Y)N MITIGATION?: YG) MITIGATION-TYPE: MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y IS WETLAND RATING SHEET ATTACHED?: Y/9) HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): (ISSUE SSUE/COND DENY COMMENTS: /H/15 A6&N0-y" MI5 L)0 0ETC--dL1 -;)1 '70 274E peo"T' E AS 912opos E'D w s iS a ? ,ems- ? n e--,-F a?G? ?? eief, i „G ?oiU r? -f, T i S aYv 5 319, 0.D`7 OU I o'1 ial"` of Neel/ POT 42, '11.)I-ij ??-31 ? o cc: Regional Office Central Files ? n ' V r ? 9?0?STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 November 10, 1997 U. S. Army Corps of Engineers n Regulatory Field Office 90986 P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN.: Mr. Mike Smith Assistant Regulatory Branch Chief Dear Sir: FiI% O4'4F 45y9 GARLAND B. GARRETT J R. SECRETARY ??? Apr F??G c? Subject: Pender County, US 17 from 0.26 miles northeast of SR 1571(Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road, State Project No. 6.279001T, TIP No. R-2405 BA. The North Carolina Department of Transportation (NCDOT) proposes to widen and improve US 17 from 0.26 miles northeast of SR 1571(Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road. The road will be widened to a four-lane divided rural facility with 46-foot medians. The widening of US 17 has been underway since 1992. Each section of the project has independent utility and permits have been obtained according to the schedule for the letting of the construction contracts. This application is for Section BA of R-2405. NEPA DOCUMENT STATUS A North Carolina State Environmental Assessment was submitted by the NCDOT in compliance with the North Carolina Environmental Policy Act. The subject of the SEA consisted of the widening of US 17 from Holly Ridge to Porters Neck Road and the proposed connector between US 17 and I-40. The SEA was approved on June 14, 1994. A State Finding of No Significant Impact (FONSI) for the section from Porters Neck Road (SR 1402) to NC 50 at Holly Ridge was approved October 12, 1994. The section from 1-40 to Porters Neck Road will be addressed in a separate State Administrative Action and is not the subject of this application. The SEA and FONSI described the need for transportation improvements in the US 17 corridor 0 2 which is the state's major north-south transportation route east of I-95. Copies of the SEA and FONSI have been provided to regulatory review agencies involved in the approval process. Additional copies will be provided upon request. R-2405 BA is in compliance with 23 CFR Part 771.111(f) which lists the FHWA characteristics of independent utility of a project: (1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope; (2) The project is usable and a reasonable expenditure even if no additional transportation improvements are made in the area; (3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. JURISDICTIONAL STATUS There are five jurisdictional sites on R-2405 BA. Table 1 lists each site, the type of permit applicable and the extent of the impacts. Jurisdictional sites 1, 3, and 4 are all road crossings impacting less than one-third acre and qualify for NW 14 status. General Bridge Permit 31: Site 2 will have 0.42 acres of permanent fill in jurisdictional wetlands, and 0.46 acres of impacts from mechanized clearing. The impacts result from extension of a double-barrel 42-inch culvert. Site 2 is vegetatively fragmented but hydrologically connected by existing culverts under the abandoned railroad and road. The area located on the western edge (Site 2 left, on Sheet 5 of 10) of the proposed road is characterized by red maple (Acer rubrum), tulip tree (Liriodendron tulipifera) and sweet gum (Liquidamber stvraciflua). The other fragments of Site 2 are located in ditches and low areas between the existing road and the abandoned rail road right-of-way and characterized by wool grass (Scirpus cyperinus), soft rush (Juncus effusus), and giant cane (Arundinaria gigantia). Site 5 will have 0.32 acres of permanent fill in jurisdictional wetlands, and 0.06 acres of impacts from mechanized clearing. The impacts result from the discharge of fill material in wetlands associated with the maintenance and construction of culverts. Site 5 is vegetatively fragmented, but hydrologically connected by existing culverts under the abandoned railroad and road. The existing culvert under the abandoned rail road bed is 25 feet long and 15 inches in diameter. It will be replaced with a culvert 60 feet in length and 18 inch in diameter that will tie into the replaced 24 inch culvert under the existing lanes (Sheet 8 of 10). The area is a bottomland hardwood characterized by sweet gum, fetterbush (Lyonia lucida) and giant cane. Table 1: Jurisdictional Sites and Impacts SITE PERMIT IMPACT (acres) Wetland Surface Water Clearing Total 1 NW 14 0 0.01 0 0.01 2 GP 31 0.42 0 0.46 0.88 3 NW 14 0.01 0 0.03 0.04 4 NW 14 0.02 0 0.03 0.05 5 GP 31 0.32 0 0.38 Total 0.77 0.01 0.58 1.36 NATURAL RESOURCES ? t Wetlands: Wetland delineations were conducted using the criteria specified in the 1987 , r Corps of Engineers Wetland Delineation Manual. The attached permit application ??? package consists of drawings depicting wetland and surface water impacts in Section BA. The construction of Section BA will result in 0.77 acres of permanent fill and 0.58 acres ,. - of mechanized clearing impacts in jurisdictional wetlands. There will be 0.01 acres of fill in surface waters associated with the extension of the reinforced concrete box culverts at Station 428+50. The 0.39 acres of mechanized clearing on the right (east) side of the road at Site 2 is associated with access of equipment for the 162 feet of ditch cleanout. Approximately 0.33 acres at this site will be revegetated with wetland species following completion of the work. Figure 1 presents the details of the streambank restoration species. Endangered Species: NCDOT biologists conducted surveys for rough-leaved loosestrife (Lysimachia asperulaefolia), American chaffseed (Schwalbea americana), and Cooley's meadowrue (Thalictrum colleyi) on September 23, 1994 and no individuals were observed. The SEA and FONSI both identified the need for a study of the red-cockaded woodpecker (Picoides borealis) for R-2405A, the 1-40 - US 17 Connector. In the 1994 FONSI, the widening portion of the project, which includes R-2405 BA, was not identified as specifically needing a RCW survey. However, since RCW colonies are now known to exist on properties adjacent to other sections of US 17, it was determined by NCDOT biologists that a survey was needed to re-evaluate the status of the species in relation to the subject project. The survey is on-going and the results will be provided to the resource agencies. MITIGATION OPTIONS The Corps of Engineers had adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the Waters of the United States. 4 Mitigation of wetland and surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Executive Order 11990 (Protection of Wetlands) and Department of Transportation Order 5660.1 A (Preservation of the Nations Wetlands), emphasize protection of the functions and values provided by wetlands. These directives require that new construction in wetlands be avoided as much as possible, and that all practicable measures were taken to minimize or mitigate impacts to wetlands. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all remaining wetland impacts. Avoidance measures were taken during the planning and SEA/FONSI phases; minimization measures were incorporated as part of the project design. AVOIDANCE: Since the project is the widening of an existing highway the options for avoiding impacts to wetlands are restricted. The NCDOT will use the existing abandoned railroad corridor thus avoiding impacts to wetlands on the east side of the road. All wetland areas not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment, or storage of construction supplies will be allowed in wetlands or in surface waters. MINIMIZATION: Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts. The following minimization techniques were implemented: 1. Medians: median widths were reduced to 46 feet which is the minimum width recommended by the Design Standards. 2. Slopes: The NCDOT is committed to reducing impacts to all wetlands to the greatest extent possible and to mitigating unavoidable losses. Whenever possible we will use fill slopes of 2:1 in wetlands. However, there are circumstances that will preclude the use of 2:1 slopes. The NCDOT Geotechnical studies indicate that due to the stability in the project soils, 3:1 slopes are the maximum slopes that can be used on this project. The original design for the project had slopes of 6:1 resulting in a 1.0 acre wetland impact. The slopes were steepened to 3:1 as much as possible which reduced the impacts by 23 percent to 0.77 acres. 3. Strict enforcement of sedimentation and erosion control Best Management Practices (BMP) for the protection of surface waters and wetlands. 4. Lateral ditching in wetlands has been eliminated to the extent possible. Therefore, the hydrology of the wetland and contiguous land will be disturbed as little as possible. 5 A total of 0.5 acres of wetlands impacted by the mechanized clearing will be revegetated as follows: at Station 499, right (east) side of road, 0.33 acres will be revegetated with streambank wetland species (Figure 1); at Station 512, 0.17 acres will be revegetated with streambank wetland species (Figure 1). COMPENSATION: Incorporation of the previously described avoidance and minimization procedures resulted in permanent impact under one acre. Consequently, no compensatory mitigation is being proposed. REGULATORY APPROVALS Application is hereby made for Department of the Army Section 404 Nationwide permit 14 and General Bridge Permit 31 as required for the above described activities. In addition, we are hereby requesting 401 Water Quality Certification from the Division of Water Quality. We anticipate a 401 General Certification will apply to this project, and are providing one copy of these documents to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. The project is in a county that falls under the jurisdiction of the Division of Coastal Management (DCM). The DCM has reviewed the project and stated that the project wetlands are not within their jurisdiction. Therefore, no CAMA permit is required. If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307. Sincere , H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Ernest Jahnke, Corps of Engineers, Wilmington Field Office Mr. John Hefner, USFWS, Raleigh Mr. N. L. Graf, P.E., FHWA Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. Whit Webb, P.E. Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. D. J. Bowers, P.E., Division 3 Engineer DEM ID: CORPS ACTION ID: T.I.P. No. R-2405BA NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) NWP 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION 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 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 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): COUNTY: Pender NEAREST TOWN OR CITY: Scotts Hill 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): US 17 from 0.26 mile northeast of SR 1571 (Scott's Hill Loop Road) to 0.37 mile southeast of Whitebridge Road. 6. IMPACTED OR NEAREST STREAM/RIVER: unnamed tributary to Futch Creek RIVER BASIN: Cape Fear 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (WS-I OR WS-II) ? YES [ ] NO [x] IF YES, EXPLAIN: _ TIDAL SALTWATER (SA), (ORW), WATER SUPPLY 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF 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? Limited Transition 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK: 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.77 acre EXCAVATION: FLOODING: DRAINAGE: OTHER: Mechanized Clearing - 0.58 acre TOTAL ACRES TO BE IMPACTED: 1.35 acres 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT 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 0.01 ac 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? 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): Widen to a 4-lane divided facility with 46 foot median. 13. PURPOSE OF PROPOSED WORK: Widen highway. Public safety. 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Widening of existing highway. 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: See State EA (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: See State EA 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x] NO H (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 [ ] 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 (919) 733-6369. 4 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 50 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? Rural residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. 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A E"" o N c c c U 0 0 0 0 0 0 w 3 ?u ? U ? a ? N o ° o o ? o , t- U O Z N v nFr Q? A W '?" U kn v ? U O H O E-? O F . O o ++ ?+ 00 N m O ON O M .-ti .r ON r, V'1 W) M? ??, ^r a H o H o w o ?x 0 ' ? 3 o H z ? ? ? A a o? ?H o H o a g d A ??, o? c c ? w o c? 0 m Z a U w z o o? °I , a ? o z z ?p H v A x a w A ? a AO ? w z ? o ?H w ? Enn, ?'. ?? _ •'r??11?4?dti.?iS :-'' ny "r '?INF, ?Ad"*'. { b•• wI 4 • L ? ?hLL .L.M 1?Rf.(( 'T V K .. +•,?T?? .. 4 .1 :.. .. .r. ,J>'. 1? ..?Yw ?y°L,r[.y^yJ'{?yll( >+' V ' T ffA" ff." w .wan .C R-2405BA RA.? ,11?LIM ..LAYM? ?R,1?1 ? TYPE 1 STREAMBANK REFORESTATION SHALL BE PLANTED 3 FT. TO 5 FT. OPI CENTER. RANDOM SPACING, AVERAGING 4 FT. ON CENTER. APPROXIMATELY 2724 PLANTS PER ACRE. ? TYPE 2 STREAMBANK REFORESTATION SHALL BE PLANTED 6 FT. TO 10 FT. ON CENTER, RANDOM SPACING, AVERAGING 8 FT. ON CENTER. APPROXIMATELY 680 PLANTS PER ACRE. ? NOTE: TYPE 1 AND TYPE 2 STREAMBANK REFORESTATION SHALL BE PAID FOR AS "STREAMBANK REFORESTATION" STREANIBANK REFORESTATION TYPICAL TYPE II TYPE I e FUT I STREAMBANK REFORESTATION MDMJRE, TYPE. SIZE. AND FURNISH SHALL CONFORM TO THE FOLLOWING: TYPE 1 50% SALIX NIGRA BLACK WILLOW 12 in - 18 in BR 50% CORNUS AMOMUM SILKY DOGWOOD 12 in - 18 in BR •ramr. ? 25% LIQUIDAMBAR STYRACIFLUA SWEETGUII 12 in - 18 in BR 25% PLATANUS OCCIDENTALIS SYCAMORE 12 in - 18 in BR 25% PRUNUS SEROTINA BLACK CHERRY 12 in - 18 in BR 25% BETULA NIGRA RIVER BIRCH 12 in - 18 in BR SHEET 10 di 10 STREAMBANK REFORESTATION DETAIL SHEET N.C.D.O.T.- ROADSIDE ENVIRONMENTAL UNIT 17 s U! 5 15' I i'F S t s i! SrATE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GovERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 November 10, 1997 U. S. Army Corps of Engineers Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN.: Mr. Mike Smith Assistant Regulatory Branch Chief Dear Sir: GARLAND B. GARRETT JR. SECRETARY N Subject: Pender County, US 17 from 0.26 miles northeast of SR 1571(Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road, State Project No. 6.279001T, TIP No. R-2405 BA. The North Carolina Department of Transportation (NCDOT) proposes to widen and improve US 17 from 0.26 miles northeast of SR 1571(Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road. The road will be widened to a four-lane divided rural facility with 46-foot medians. The widening of US 17 has been underway since 1992. Each section of the project has independent utility and permits have been obtained according to the schedule for the letting of the construction contracts. This application is for Section BA of R-2405. NEPA DOCUMENT STATUS A North Carolina State Environmental Assessment was submitted by the NCDOT in compliance with the North Carolina Environmental Policy Act. The subject of the SEA consisted of the widening of US 17 from Holly Ridge to Porters Neck Road and the proposed connector between US 17 and I-40. The SEA was approved on June 14, 1994. A State Finding of No Significant Impact (FONSI) for the section from Porters Neck Road (SR 1402) to NC 50 at Holly Ridge was approved October 12, 1994. The section from I-40 to Porters Neck Road will be addressed in a separate State Administrative Action and is not the subject of this application. The SEA and FONSI described the need for transportation improvements in the US 17 corridor 9 2 which is the state's major north-south transportation route east of 1-95. Copies of the SEA and FONSI have been provided to regulatory review agencies involved in the approval process. Additional copies will be provided upon request. R-2405 BA is in compliance with 23 CFR Part 771.111(f) which lists the FHWA characteristics of independent utility of a project: (1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope; (2) The project is usable and a reasonable expenditure even if no additional transportation improvements are made in the area; (3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. JURISDICTIONAL STATUS There are five jurisdictional sites on R-2405 BA. Table 1 lists each site, the type of permit applicable and the extent of the impacts. Jurisdictional sites 1, 3, and 4 are all road crossings impacting less than one-third acre and qualify for NW 14 status. General Bridge Permit 31: Site 2 will have 0.42 acres of permanent fill in jurisdictional wetlands, and 0.46 acres of impacts from mechanized clearing. The impacts result from extension of a double-barrel 42-inch culvert. Site 2 is vegetatively fragmented but hydrologically connected by existing culverts under the abandoned railroad and road. The area located on the western edge (Site 2 left, on Sheet 5 of 10) of the proposed road is characterized by red maple (Ater rubrum), tulip tree (Liriodendron tulipifera) and sweet gum (Liquidamber styraciflua). The other fragments of Site 2 are located in ditches and low areas between the existing road and the abandoned rail road right-of-way and characterized by wool grass (Scirpus cyperinus), soft rush (Juncus effusus), and giant cane (Arundinaria gigantia). Site 5 will have 0.32 acres of permanent fill in jurisdictional wetlands, and 0.06 acres of impacts from mechanized clearing. The impacts result from the discharge of fill material in wetlands associated with the maintenance and construction of culverts. Site 5 is vegetatively fragmented, but hydrologically connected by existing culverts under the abandoned railroad and road. The existing culvert under the abandoned rail road bed is 25 feet long and 15 inches in diameter. It will be replaced with a culvert 60 feet in length and 18 inch in diameter that will tie into the replaced 24 inch culvert under the existing lanes (Sheet 8 of 10). The area is a bottomland hardwood characterized by sweet gum, fetterbush (Lyonia lucida) and giant cane. 3 Table l: Jurisdictional Sites and Impacts SITE PERMIT IMPACT (acres) Wetland Surface Water Clearing Total 1 NW 14 0 0.01 0 0.01 2 GP 31 0.42 0 0.46 0.88 3 NW 14 0.01 0 0.03 0.04 4 NW 14 0.02 0 0.03 0.05 5 GP 31 0.32 0 0.06 0.38 Total 0.77 0.01 0.58 1.36 NATURAL RESOURCES Wetlands: Wetland delineations were conducted using the criteria specified in the 1987 Corps of Engineers Wetland Delineation Manual. The attached permit application package consists of drawings depicting wetland and surface water impacts in Section BA. The construction of Section BA will result in 0.77 acres of permanent fill and 0.58 acres of mechanized clearing impacts in jurisdictional wetlands. There will be 0.01 acres of fill in surface waters associated with the extension of the reinforced concrete box culverts at Station 428+50. The 0.39 acres of mechanized clearing on the right (east) side of the road at Site 2 is associated with access of equipment for the 162 feet of ditch cleanout. Approximately 0.33 acres at this site will be revegetated with wetland species following completion of the work. Figure 1 presents the details of the streambank restoration species. Endangered Species: NCDOT biologists conducted surveys for rough-leaved loosestrife (Lysimachia aspentlaefolia), American chaffseed (Schwalbea americana), and Cooley's meadowrue (Thalictraim collevi) on September 23, 1994 and no individuals were observed. The SEA and FONSI both identified the need for a study of the red-cockaded woodpecker (Picoides borealis) for R-2405A, the I-40 - US 17 Connector. In the 1994 FONSI, the widening portion of the project, which includes R-2405 BA, was not identified as specifically needing a RCW survey. However, since RCW colonies are now known to exist on properties adjacent to other sections of US 17, it was determined by NCDOT biologists that a survey was needed to re-evaluate the status of the species in relation to the subject project. The survey is on-going and the results will be provided to the resource agencies. MITIGATION OPTIONS The Corps of Engineers had adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the Waters of the United States. 4 Mitigation of wetland and surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Executive Order 11990 (Protection of Wetlands) and Department of Transportation Order 5660. 1A (Preservation of the Nations Wetlands), emphasize protection of the functions and values provided by wetlands. These directives require that new construction in wetlands be avoided as much as possible, and that all practicable measures were taken to minimize or mitigate impacts to wetlands. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all remaining wetland impacts. Avoidance measures were taken during the planning and SEA/FONSI phases; minimization measures were incorporated as part of the project design. AVOIDANCE: Since the project is the widening of an existing highway the options for avoiding impacts to wetlands are restricted. The NCDOT will use the existing abandoned railroad corridor thus avoiding impacts to wetlands on the east side of the road. All wetland areas not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment, or storage of construction supplies will be allowed in wetlands or in surface waters. MINIMIZATION: Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts. The following minimization techniques were implemented: Medians: median widths were reduced to 46 feet which is the minimum width recommended by the Design Standards. 2. Slopes: The NCDOT is committed to reducing impacts to all wetlands to the greatest extent possible and to mitigating unavoidable losses. Whenever possible we will use fill slopes of 2:1 in wetlands. However, there are circumstances that will preclude the use of 2:1 slopes. The NCDOT Geotechnical studies indicate that due to the stability in the project soils, 3:1 slopes are the maximum slopes that can be used on this project. The original design for the project had slopes of 6:1 resulting in a 1.0 acre wetland impact. The slopes were steepened to 3:1 as much as possible which reduced the impacts by 23 percent to 0.77 acres. 3. Strict enforcement of sedimentation and erosion control Best Management Practices (BMP) for the protection of surface waters and wetlands. I 4. Lateral ditching in wetlands has been eliminated to the extent possible. Therefore, the hydrology of the wetland and contiguous land will be disturbed as little as possible. 5 5. A total of 0.5 acres of wetlands impacted by the mechanized clearing will be revegetated as follows: at Station 499, right (east) side of road, 0.33 acres will be revegetated with streambank wetland species (Figure 1); at Station 512, 0.17 acres will be revegetated with streambank wetland species (Figure 1). COMPENSATION: Incorporation of the previously described avoidance and minimization procedures resulted in permanent impact under one acre. Consequently, no compensatory mitigation is being proposed. REGULATORY APPROVALS Application is hereby made for Department of the Army Section 404 Nationwide permit 14 and General Bridge Permit 31 as required for the above described activities. In addition, we are hereby requesting 401 Water Quality Certification from the Division of Water Quality. We anticipate a 401 General Certification will apply to this project, and are providing one copy of these documents to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. The project is in a county that falls under the jurisdiction of the Division of Coastal Management (DCM). The DCM has reviewed the project and stated that the project wetlands are not within their jurisdiction. Therefore, no CAMA permit is required. If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307. Sincere , H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Ernest Jahnke, Corps of Engineers, Wilmington Field Office Mr. John Hefner, USFWS, Raleigh Mr. N. L. Graf, P.E., FHWA Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. Whit Webb, P.E. Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. D. J. Bowers, P.E., Division 3 Engineer I DEM ID: CORPS ACTION ID: T.I.P. No. R-2405BA NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) NWP 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION 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 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 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): COUNTY: Pender NEAREST TOWN OR CITY: Scotts Hill 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): US 17 from 0.26 mile northeast of SR 1571 (Scott's Hill Loop Road) to 0.37 mile southeast of Whitebridge Road. 6. IMPACTED OR NEAREST STREAM/RIVER: unnamed tributary to Futch 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 [ J NO [x] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF 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? Limited Transition 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK: 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 1.35 acres 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.77 acre EXCAVATION: FLOODING: DRAINAGE: OTHER: Mechanized Clearing - 0.58 acre TOTAL ACRES TO BE IMPACTED: 1.35 acres 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X 0.01 ac 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? 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): Widen to a 4-lane divided facility with ?6 foot median. 13. PURPOSE OF PROPOSED WORK: Widen highway. Public safety. 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Widening of existing highway. 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: See State EA (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: See State EA 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x] NO H (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 H 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 (919) 733-6369. 4 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 50 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? Rural residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. 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APPROXIMATELY 2724 PLANTS PER ACRE. ? TYPE 2 STREAMBANK REFORESTATION SHALL BE PLANTED 6 FT. TO 10 FT. ON CENTER, RANDOM SPACING, AVERAGING S FT. ON CENTER. APPROXE%IATELY 680 PLANTS PER ACRE. ? NOTE: TYPE 1 AND TYPE 2 STREAMBANK REFORESTATION SHALL BE PAID FOR AS "STREAMBANK REFORESTATION" STREAMBANK REFORESTATION TYPICAL TYPE II TYPE I aFvxr STREAM ANK?fB K REFORESTATION MDCTURE, TYPE. SIZE. AND FURNISH SHALL CONFORM TO THE FOLLOWING: TYPE 1 50% SALIX NIGRA BLACK WILLOW 12 in - 1S in BR 50% CORNUS AMOMUM TYPE 2 25% LIQUIDAMBAR STYRACIFLUA 25% PLATANUS OCCIDENTALIS 25% PRUNUS SEROTII1A 25% BETULA NIGRA SILKY DOGWOOD 12 in - 18 in BR SWEETGUM SYCAMORE BLACK CHERRY RIVER BIRCH FI GUr?r 2 5HEET to Ii ?o STREAMBANK REFORESTATION DETAIL SHEET N.C.D.O.T.- ROADSIDE ENVIRONMENTAL UNIT 12 in - 18 in BR 12 in - 18 in BR 12 in - 18 in BR 12 in - 1S in BR 1 q_lt 970986 STATE OF NORTH CAROLINA DEPARTMENT OF TkANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 November 10, 1997 U. S. Army Corps of Engineers Regulatory Field Office P. O. BOX 1890 Wilmington, North Carolina 28402-1890 ATTN.: Mr. Mike Smith Assistant Regulatory Branch Chief Dear Sir: GARLAN D B. GARRETT J R. SECRETARY 1.0 9. Subject: Pender County, US 17 from 0.26 miles northeast of SR 1571(Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road, State Project No. 6.27900 IT, TIP No. R-2405 BA. The North Carolina Department of Transportation (NCDOT) proposes to widen and improve US 17 from 0.26 miles northeast of SR 1571 (Scott's Hill Loop Road) to 0.37 miles southeast of Whitebridge Road. The road will be widened to a four-lane divided rural facility with 46-foot medians. The widening of US 17 has been underway since 1992. Each section of the project has independent utility and permits have been obtained according to the schedule for the letting of the construction contracts. This application is for Section BA of R-2405. NEPA DOCUMENT STATUS A North Carolina State Environmental Assessment was submitted by the NCDOT in compliance with the North Carolina Environmental Policy Act. The subject of the SEA consisted of the widening of US 17 from Holly Ridge to Porters Neck Road and the proposed connector between US 17 and I-40. The SEA was approved on June 14, 1994. A State Finding of No Significant Impact (FONSI) for the section from Porters Neck Road (SR 1402) to NC 50 at Holly Ridge was approved October 12, 1994. The section from I-40 to Porters Neck Road will be addressed in a separate State Administrative Action and is not the subject of this application. The SEA and FONSI described the need for transportation improvements in the US 17 corridor 9 2 which is the state's major north-south transportation route east of I-95. Copies of the SEA and FONSI have been provided to regulatory review agencies involved in the approval process. Additional copies will be provided upon request. R-2405 BA is in compliance with 23 CFR Part 771.111(f) which lists the FHWA characteristics of independent utility of a project: (1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope; (2) The project is usable and a reasonable expenditure even if no additional transportation improvements are made in the area; (3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. JURISDICTIONAL STATUS There are five jurisdictional sites on R-2405 BA. Table 1 lists each site, the type of permit applicable and the extent of the impacts. Jurisdictional sites 1, 3, and 4 are all road crossings impacting less than one-third acre and qualify for NW 14 status. General Bridge Permit 31: Site 2 will have 0.42 acres of permanent fill in jurisdictional wetlands, and 0.46 acres of impacts from mechanized clearing. The impacts result from extension of a double-barrel 42-inch culvert. Site 2 is vegetatively fragmented but hydrologically connected by existing culverts under the abandoned railroad and road. The area located on the western edge (Site 2 left, on Sheet 5 of 10) of the proposed road is characterized by red maple (Acer rubrum), tulip tree (Liriodendron tulipifera) and sweet gum (Liquidamber styraciflua). The other fragments of Site 2 are located in ditches and low areas between the existing road and the abandoned rail road right-of=way and characterized by wool grass (Scirpus cvperinus), soft rush (Juncus effusus), and giant cane (Arundinaria gigantia). Site 5 will have 0.32 acres of permanent fill in jurisdictional wetlands, and 0.06 acres of impacts from mechanized clearing. The impacts result from the discharge of fill material in wetlands associated with the maintenance and construction of culverts. Site 5 is vegetatively fragmented, but hydrologically connected by existing culverts under the abandoned railroad and road. The existing culvert under the abandoned rail road bed is 25 feet long and 15 inches in diameter. It will be replaced with a culvert 60 feet in length and 18 inch in diameter that will tie into the replaced 24 inch culvert under the existing lanes (Sheet 8 of 10). The area is a bottomland hardwood characterized by sweet gum, fetterbush (Lyonia lucida) and giant cane. 3 Table 1: Jurisdictional Sites and Impacts SITE PERMIT IMPACT (acres) Wetland Surface Water Clearing Total 1 NW 14 0 0.01 0 0.01 2 GP 31 0.42 0 0.46 0.88 3 NW 14 0.01 0 0.03 0.04 4 NW 14 0.02 0 0.03 0.05 5 GP 31 0.32 0 0.06 0.38 Total 0.77 0.01 0.58 1.36 NATURAL RESOURCES Wetlands: Wetland delineations were conducted using the criteria specified in the 1987 Corps of Engineers Wetland Delineation Manual. The attached permit application package consists of drawings depicting wetland and surface water impacts in Section BA. The construction of Section BA will result in 0.77 acres of permanent fill and 0.58 acres of mechanized clearing impacts in jurisdictional wetlands. There will be 0.01 acres of till in surface waters associated with the extension of the reinforced concrete box culverts at Station 428+50. The 0.39 acres of mechanized clearing on the right (east) side of the road at Site 2 is associated with access of equipment for the 162 feet of ditch cleanout. Approximately 0.33 acres at this site will be revegetated with wetland species following completion of the work. Figure 1 presents the details of the streambank restoration species. Endangered Species: NCDOT biologists conducted surveys for rough-leaved loosestrife (Lvsimachia asperulaefolia), American chaffseed (Schwalbea americana), and Cooley's meadowrue (Thalictrtim collevi) on September 23, 1994 and no individuals were observed. The SEA and FONSI both identified the need for a study of the red-cockaded woodpecker (Picoides borealis) for R-2405A, the I-40 - US 17 Connector. In the 1994 FONSI, the widening portion of the project, which includes R-2405 BA, was not identified as specifically needing a RCW survey. However, since RCW colonies are now known to exist on properties adjacent to other sections of US 17, it was determined by NCDOT biologists that a survey was needed to re-evaluate the status of the species in relation to the subject project. The survey is on-going and the results will be provided to the resource agencies. MITIGATION OPTIONS The Corps of Engineers had adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the Waters of the United States. 4 Mitigation of wetland and surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Executive Order 11990 (Protection of Wetlands) and Department of Transportation Order 5660.1A (Preservation of the Nations Wetlands), emphasize protection of the functions and values provided by wetlands. These directives require that new construction in wetlands be avoided as much as possible, and that all practicable measures were taken to minimize or mitigate impacts to wetlands. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all remaining wetland impacts. Avoidance measures were taken during the planning and SEA/FONSI phases; minimization measures were incorporated as part of the project design. AVOIDANCE: Since the project is the widening of an existing highway the options for avoiding impacts to wetlands are restricted. The NCDOT will use the existing abandoned railroad corridor thus avoiding impacts to wetlands on the east side of the road. All wetland areas not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment, or storage of construction supplies will be allowed in wetlands or in surface waters. MINIMIZATION: Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts. The following minimization techniques were implemented: 1. Medians: median widths were reduced to 46 feet which is the minimum width recommended by the Design Standards. 2. Slopes: The NCDOT is committed to reducing impacts to all wetlands to the greatest extent possible and to mitigating unavoidable losses. Whenever possible we will use fill slopes of 2:1 in wetlands. However, there are circumstances that will preclude the use of 2:1 slopes. The NCDOT Geotechnical studies indicate that due to the stability in the project soils, 3:1 slopes are the maximum slopes that can be used on this project. The original design for the project had slopes of 6:1 resulting in a 1.0 acre wetland impact. The slopes were steepened to 3:1 as much as possible which reduced the impacts by 23 percent to 0.77 acres. 3. Strict enforcement of sedimentation and erosion control Best Management Practices (BMP) for the protection of surface waters and wetlands. 4. Lateral ditching in wetlands has been eliminated to the extent possible. Therefore, the hydrology of the wetland and contiguous land will be disturbed as little as possible. 5 5. A total of 0.5 acres of wetlands impacted by the mechanized clearing will be revegetated as follows: at Station 499, right (east) side of road, 0.33 acres will be revegetated with streambank wetland species (Figure 1); at Station 512, 0.17 acres will be revegetated with streambank wetland species (Figure 1). COMPENSATION: Incorporation of the previously described avoidance and minimization procedures resulted in permanent impact under one acre. Consequently, no compensatory mitigation is being proposed. REGULATORY APPROVALS Application is hereby made for Department of the Army Section 404 Nationwide permit 14 and General Bridge Permit 31 as required for the above described activities. In addition, we are hereby requesting 401 Water Quality Certification from the Division of Water Quality. We anticipate a 401 General Certification will apply to this project, and are providing one copy of these documents to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. The project is in a county that falls under the jurisdiction of the Division of Coastal Management (DCM). The DCM has reviewed the project and stated that the project wetlands are not within their jurisdiction. Therefore, no CAMA permit is required. If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307. Sincere H. ranklin Vick, P.E., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Ernest Jahnke, Corps of Engineers, Wilmington Field Office Mr. John Hefner, USFWS, Raleigh Mr. N. L. Graf, P.E., FHWA Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. Whit Webb, P.E. Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. D. J. Bowers, P.E., Division 3 Engineer DEM ID: CORPS ACTION ID: T.I.P. No. R-2405BA NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION 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 SUBDIVISION NAME: CITY: Raleigh STATE NC ZIP CODE: 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): COUNTY: Pender NEAREST TOWN OR CITY: Scotts Hill 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): US 17 from 0.26 mile northeast of SR 1571 (Scott's Hill Loop Road) to 0.37 mile southeast of WhitebridQe Road. 6. IMPACTED OR NEAREST STREAM/RIVER: unnamed tributary to Futch 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 [ ] NO [x] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF 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? Limited Transition 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK: 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 1.35 acres 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.77 acre FLOODING: DRAINAGE: EXCAVATION: OTHER: Mechanized Clearing - 0.58 acre TOTAL ACRES TO BE IMPACTED: 1.35 acres 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X 0.01 ac 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? 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): Widen to a 4-lane divided facility with ?6 foot median. 13. PURPOSE OF PROPOSED WORK: Widen highway. Public safety. 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Widening of existing highway. 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: See State EA (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: See State EA 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x] NO H (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 [ ] 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 (919) 733-6369. 4 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 50 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? Rural residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. 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EM!O I? ,L 174"t°R'YKT 'Y „M SAiF'"1t'• iY J ?fl N1( _. T ?`Lt ?. r: .t•7')("? ? .+ ? ....... ...,n• ?dn!'M?!'t!M'?(?ifCi??jr-*. , .?.+.?.. M?.t?j'?iw(I?.? '.. ?. 4f(;•s?'••.• -wyti Jip,x Ms MYT. •C R-2405BA I - I WAT\ fOYM\ ..A- . .wnme ? TYPE 1 ST'REAMBANK REFORESTATION SHALL BE PLANTED 3 FT. TO 5 FT. OP1 CENTER. RANDOM SPACING. AVERAGING 4 FT. ON CENTER, APPROXIMATELY 2724 PLANTS PER ACRE. ? TYPE 2 STREAMBANK REFORESTATION SHALL BE PLANTED 6 FT. TO 10 FT. ON CENTER. RANDOM SPACING. AVERAGING 8 FT. ON CENTER. APPROXIMATELY 680 PLANTS PER ACRE. ? NOTE: TYPE 1 AND TYPE 2 STREAMBANK REFORESTATION SHALL BE PAID FOR AS "STREAMBANK REFORESTATION" STREAM BANK REFORESTATION TYPICAL TYPE II TYPE I e fir I'°T STREAMBANK REFORESTATION MDnlJM TYPE. SIZE. AND FURNISH SHALL CONFORM TO THE FOLLOWING: TYPE 1 50% SALIX NIGRA BLACK WILLOW 12 in - 18 in BR 50% CORNUS AMOMUM SILKY DOGWOOD 12 in - 18 in BR TYPE 2 25% LIQUIDA. BAR STYRACIFLUA SWEETGUM 12 in - 18 in BR 25% PLATANUS OCCIDENTALIS SYCAMORE 12 in - 18 in BR 25% PRUNUS SEROTINA BLACK CHERRY 12 in - 18 in BR 25% BETULA NIGRA RIVER BIRCH 12 in - 18 in BR .5HCET 10 O? ?0 STREAMBANK REFORESTATION DETAIL SHEET N.C.D.O.T.- ROADSIDE ENVIRONMENTAL UNIT r1GU1?E z 7/1t175?5'li.?E itttt 4 011- STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRE F JR. GOVERNOR P.O. BOX 25201, RALFK)11, N.C. 27611-5201 SECRETARY Division of Water Quality NC Dept of'Environment, Health & Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 ATTN.: Mr..1ohn Dorney Dear Sir: January 2, 1998 Subject: Pender County, US 17 from 0.26 miles northeast of SR 1571 (Scott's Ifill hoop Road) to 0.37 miles southeast of Whitebridge Road, State Project No. 6.279001'1', 'I'IP No. It-2405 13A. The North Carolina Department of Transportation proposes to widen and improve US 17 from 0.26 miles northeast of SR 1571 (Scott's Hill Loop Road) to 0.37 miles southeast of' Whitebridge Road. The road will be widened to a four-lane divided rural facility with 46- foot medians. On November 10, 1997, Section 404 and Section 401 permits were submitted to the Corps of I ngineers and the N.C. Division of Water Quality (DWQ) respectively. The Corps of Engineers issued the Section 404 permit on December 24, 1997. On December 31, 1997, we were informed by the DWQ that mitigation would be required before the Section 401 permit could be issued and that payment to the Wetland Restoration Program (WRP) would satisfy the mitigation requirements. The purpose of this letter is to inform the DWQ that we will comply with this request. In compliance with 15A NCAC 211.0506(h)(7), we agree to mitigate for impacts to 0.77 acres of fill in non-riparian wetlands at a ratio of 2:1 with a check to the WRP for $18,000. Me) We understand that the mitigation issue was the only outstanding issue associated with the issuance of a Section 401 permit for the subject project. If you have any questions or need additional information please call Alice N. Gordon at (919) 733-7844 Ext. 307. Sincere I . Franklin Vick, P.F,., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Michael Smith, Corps of Engineers, Wilmington Mr. Ernest Jahnke, Corps of Engineers, Wilmington Field Oflicc Mr. John Hefner, USFWS, Raleigh Mr. N. L. Graf, P.E., FHWA Mr. Whit Webb, P.F. Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.F,., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. D. J. Bowers, P.E., Division 3 Engineer