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
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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
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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.
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.
OWNER'S/AGENT'S SIGNATURE
li
ATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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.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.
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.
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.C? 'R-2405BA
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? TYPE 1 STREAMBANK 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 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.
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.
OWNER'S/AGENT'S SIGNATURE
/"/
ATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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? 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
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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
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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