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HomeMy WebLinkAbout20001006 Ver 1_Complete File_20000731State of North Carolina Department of Environment 11 1 and Natural Resources 4.0. Division of Water Quality ? James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director July 31, 2000 Hertford County WQC 401 Project No. 001006 Waiver of 401 Water Quality Certification D.R. Conner, P.E. PO Box 850 Edenton, NC 27932 Re: Improvements to Pavement Surfaces and Shoulders of sections of NC 45, SR 1455, and SR 1400 in Hertford County (TIP R-4004). Dear Mr. Conner Your application for a 401 Water Quality Certification was received in the Central Office on December 29. 1999. According to our rules (15A NCAC 2H .0507(a)), if final action is not taken within 60 days of receipt of a complete application, the Certification is waived unless the Division of Water Quality (DWQ) has objected in writing. Therefore, the DWQ has waived the requirement for a 401 Water Quality Certification for the referenced project (to impact 324 linear feet of streams and 0.10 acres of wetland) as described in the application dated December.29, 1999. However, if additional impacts should occur or your development plans change, this waiver is no longer valid and a 401 Water Quality Certification will be required. If you have any questions or require additional information, please contact either myself at 919-733-9646, or John Hennessy at 919-733-5694. '5w-(o FILE 79 cc: Deborah Sawyer, DWQ Washington Regional Office Mike Bell, US Army Corps of Engineers Wilmington District Corps Office Central Files C:\,icdot\Tll' R-4004\permits\401 waived.doc Sincerely, n R. ey 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment and Natural Resources 0 Division of Water Quality James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director July 31, 2000 Hertford County WQC 401 Project No. 001006 Waiver of 401 Water Quality Certification D.R. Conner. P.E. PO Box 850 Edenton, NC 27932 Re: Improvements to Pavement Surfaces and Shoulders of sections of NC 45, SR 1455, and SR 1400 in Hertford County (TIP R-4004). Dear Mr. Conner Your application for a 401 Water Quality Certification was received in the Central Office on December 29. 1999. According to our rules (15A NCAC 2H .0507(a)), if final action is not taken within 60 days of receipt of a complete application, the Certification is waived unless the Division of Water Quality (DWQ) has objected in writing. Therefore, the DWQ has waived the requirement for a 401 Water Quality Certification for the referenced project (to impact 324 linear feet of streams and 0.10 acres of wetland) as described in the application dated December.29, 1999. However, if additional impacts should occur or your development plans change, this waiver is no longer valid and a 401 Water Quality Certification will be required. If you have any questions or require additional information, please contact either myself at 919-733-9646, or John Hennessy at 919-733-5694. Sincerely, ?" IroE in) cc: Deborah Sawyer, DWQ Washington Regional Office Mike Bell, US Army Corps of Engineers Wilmington District Corps Office Central Files C:\ncdot\riP R-1004\pemuts\401 waived.doc n R. ley 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 06 -o ?%Ayr PAYMENT U- RECEIVEDSTATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVENOR December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment And Natural Resources Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, DAVID McCOY SECRETARY 001006 ?j SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfort County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. • The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. • The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, T. Linds iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 DEM ID: 00 1006 3/25/96 CORPS ACTION ID: /99 9 i /.3 ? l NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: j 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: NCDOT 2. MAILING ADDRESS: P 0 Box 850 SUBDIVISION NAME: CITY: Edenton STATE: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1400 in Hertford County, NC 3. TELEPHONE NUMBER (HOME): (WORK) : 252-.482-7977 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R. Conner. P. E. Division Engineer-Division One 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Hertford NEAREST TOWN OR CITY: Ahoskie 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. IMPACTED OR NEAREST STREAM/RIVER:Unnamed tributary to Brooks Cr. RIVER BASIN: Chowan 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? Rural 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: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: N/A 2 10a. NUMBER OF ACRES OF ?<ETLANDS IMPACTED 3Y TEE PROPOSED PROJECT BY: FILLING: 0.65 EXCAVATION: N /A FLOODING: N/A OTHER: N /A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.65 10b. (1) STREAM CHANNEL TO BE IMPACTED 3Y THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH 3EFORE AND AFTER RELOCATION) : LENGTH BEFORE: Unkno?-.-n =T AFTER: 609 FT WIDTH BEFORE (based on normal hick water contours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Unkncwn FT AFTER: Unknown FT (2) STREAM CHANNEL IMPACTS WILL RESULT =ROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUD=NG DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED ;ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Road construction e$uipment work has already been completed. It was original considered to Ditch clean out. Subseauent visits revealed a violation had occurred. This application is for an after the fact certification. 13. PURPOSE OF PROPOSED WORK: uparade the facility to handle increased traffic loads 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): work in wetlands was inadvertent, please see cover letter for 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [) (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [X] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] 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 INCL,j-DED 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 NATIDNWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCt?,ES 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 E': 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 f. IF APPLICABLE, W-AT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 9. 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. T OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FRCM THE OWNER IS PROVIDED (189.)) DATE 5 ?r• 4 PAYMENT RECEIVED STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY TGOVENOR SECRETARY December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment And Natural Resources Division of Water Quality Environmental Sciences Branch 00-1003 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfort County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: • The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. • The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 ?, - material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, f T. Lindse iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 JF , 00.10©0 DEM ID: 3/25/96 =PS AC==ON _D: /q 1 9i1 3 `/1 NATIONWIDE PERMIT REQUESTED (_ROVIDE _,ATI3NW==E PERMI= #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: t 1) NOTIFICATION TO THE CORPS OF ENGINE RS 2) APPLICATION FOR SECTION 401 CERTT_FICATICN 3) COORDINATION WITS THE NC DIVISICN OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS CO'_EPLETED 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. D=VIS=ON OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NCDOT 2. MAILING ADDRESS: P 0 .ox 850 SUBD=VIS=ON NAME: CITY: Edenton STATE: NC Z_P CODE: 27932 PROJECT LOCATION ADDRESS, I:,CLUDING SUBDI":ISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 7100 in Her=ford Countv, NC 3. TELEPHONE NUMBER (HOME): (WCRK) : 252-.482-7977 4. IF APPLICABLE: AGENT'S N.I.ME OR =ESPONS--3LE CC ?ORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R. Cornier P. E. Division Engi-°er-Di-; is ion one 5. LOCATION OF WORK (PROVIDE A MAP, PREFE_ABLY A COPY 0: USGS TOPOGRAPHIC MAP OR AERIAL P OTOGRA- HY WIT-H. SCALE' : COUNTY: Hertford NEAREST =OWN OR CIT'_: Rroskie 1 r SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. IMPACTED OR NEAREST STREAM/RIVER:Unnamed tributary to Brooks Cr. RIVER BASIN: Chowan 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? 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: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF W'-:'--LAN--DS :MPICTEI B T:-7 PROPOSED PROJECT BY: FILLING: 0.65 EXCAVATION: N/A FLOODING: N/A OTHER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.65 lob. (1) STREAM CHANNEL TC BE IMPACTED B TrE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE :_`i- ?AFTER RELOCATION) : LENGTH BEFORE: Unknow-- FT AFTER: 609 FT WIDTH BEFORE (based on normal high water contours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Unkno-,,n =T AFTER: Unknown FT (2) STREAM CHANNEL IMPACTS BILL RESULT FR2M: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: P?ACENIEN= OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CONS-RUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A PCND IS PROPOSEZ, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK =NCLUDINS DT_SCi;SSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ITTACH =LANS: E 1/2" X 11" DRAWINGS ONLY): Road construction equ_Pment Work has already been completed. =t ,gas oric_na lly considered to Ditch clean out. Subsequent vis'_ts revealed a -violation had occurred. This application is for are after :he =ac: ce--ti=_cation. 13. PURPOSE OF PROPOSED WORK: --ugrade :he facility to handle increased traffic loads 3 P, 14. STATE REASONS OUT IN WETLANDS. IMPACTS): work in wetlands was inadvertent, please see cover letter for 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [X) b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] 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. WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED itiTTH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHA3E OF EXCAVATED OR FILL MATERIAL INTO WETLANDS : a. r;ETL;?,NZ :; i 7NE:--TICK SHOW_NG ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PRCPERTY ,FO:. NA..Oi-ti IL= PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38) . ALL S=RE;.-MS INT7RM- TEl;T : ND PERMANENT) ON THE PROPERTY MUST BE SHOWN CN THE !-L-%P. N_=P SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR -HEIR EtiJIV_ALENT. b. IF AVAILABLE, =EPRESE_?TAT=VE PHOTOG=KPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PE=FORMED 3Y CCNSU LTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT CF THE DELL EIATION LINE. d. ATTACH A COPY CF THE STOR.MWA - ER MAN..:3EM ENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF S:,?RCJND=NG PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT ALiHC=IZATIO_i 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 COUNTZ S ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. /z z 3/99 OWNER' S/AGENT'S S=TATURE DATE (AGENT'S SIGNATURE ".'ALID ONLY IF AUTHORIZATION LEmTER FROM THE OWNER IS PROVIDSD (18=.)) a 51VEo 0p-i00r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVENOR SECRETARY December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment And Natural Resources Division of Water Quality PAYMENT Environmental Sciences Branch RECEIVED 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfor County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. • The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. • The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. • The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, nn '? r I C T. Lindse iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 00.1000 DEM ID: 3/25/96 CORPS ACTION !D: /c? 9 9 i 1.3 y j NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 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: NCDOT 2. MAILING ADDRESS: P 0 Box 850 SUBDIVISTON NAME: CITY: Edenton STATE: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1400 in Hertford County, NC 3. TELEPHONE NUMBER (HOME): (WORK) : 252-.482-7977 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R. Conner, P. E. Division Engineer-Division One 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITHH SCALE): COUNTY: Hertford NEAREST TOWN OR CITY: Ahoskie 1 SPECIFIC LOCATION (INCLUDE. ROAD NUMBERS, L=.NDNkRKS, ETC.): SR 1400 6. IMPACTED OR NEAREST STREAM/RIVER:Un-amed tributary to Brooks Cr. RIVER BASIN: Chowan 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED IS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTST.INDING =ESOUT CE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CARCLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X] 7c. IF THE PROJECT IS LOCATED WITHIN ._ COAST? COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Rural 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X] IF YES, PRCVIDE 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 AN=ICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLA10S LOC?.TED ON PROJECT SITE: N/A 2 10a. NUMBER OF ACRES OF ;ETLANDS IMPACTED 3Y THE PROPOSED PROJECT BY: FILLING: 0.65 EXCAVATICN: N/A FLOODING: N/P. OTTER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.65 lOb. (1) STREAM CHANNEL TO BE I...PACTED 3Y THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) LENGTH BEFORE: Unkno?m FT AFTER: 609 FT WIDTH BEFORE (based on normal hich water contours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Unkr_own FT AFTER: Unknown FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUD=NG DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PlANS: 8 1/2" X 11" DRAWINGS ONLY): Road construction ecrainment Work has already been comnle-ed It was oriainally considered to Ditch clean out Subsea-ient v==its revealed ? violation had occurred This application is for an after the fact certification 13. PURPOSE OF PROPOSED KORK: upgrade the facility to handle increased traffic loads 3 14. STATE REASONS OUT IN WETLANDS. IMPACTS): work in wetlands was inad•:ertent please see cc-:er let7er for 1 1SVr1TT? III'.? SCr? T -'; RE -_.r7D C' T-G :^ HE U - -_ -O fJC SE ?- ._ _ _T-?IL .. .. -. (cTSFi'T Sr) z-s?-vrc t'-.: c1NE F_ Gr =`RI_ _ S = =?3d T_ =-E . - e . zSEE Av?-cr ADDRESSES-L:-_r ARDING I::$ _ ES=T- OF ll:' rT_'= ==Y T TES 'E9 GR PRGPGSED FGA L=ST=ro 9R :=: ice' .E ,B _?HC?s 9R GRI Tea - .ccrr-v ?rl?r_ro K-ABT_-?-AT T_-I1=:42 PERMIT iRE-?. TIH-LA LL-NMY BE BI TT:=PRGT_'GE-D PR^von^ci . DATE ^n. (ATT Gr RESPC-NEEG FR=-!,I -_-ES?;-A,.ENGIE6.- 16 . YOU--z RI REQU- RED TO=30? _AGT TH -a'= T-E ?I? _ DID==r =Sr???1?"r ^GFz LGED (SEE AGENC- DD°ESSr S SHEET` RED (SIIPB) RB=!;G = rg T=I;NGEGF TISTGRIG - N THE PERMITS ;4H= ? P GPER I ??E Glz TT T9pGsED 3E B _ - - _ _ : pRB.TECT . DA!3B c_Gil':'AGTEE) : •_ E 17. DOES THE PROJECT INVOLVE AN EXPEND=TUBE 0- PU3LIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 1-) a. IF YES, DOES THE PROJEC_ REQUIRE PREP.-:--RATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT 7_0 THE REQUIREMENTS 0- THE NORTH CAROLINA ENVIRONMENTAL POLICY AC_? YES [ ] NO [X] b. IF YES, HAS THE DOCUMEI7 _ BEEN REV=EWE: TF-ROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION S_ATE CLZARINGHCJSE? YES [ ] NO [ ] IF ANSWER TO 17b _S YES, THEN SUEMIT A:?ROPRIA_E C•CCUXENTATICN FROM THE STATE CLEARINGHOUSE TO DI'IISION OF ENV=RONMENT:.L !L:kNAGEMENT REGARDING COMPLIANCE "rJITH THE NORTH CA_ROLT__;A =NV=RONM__ENT__L FOLIZ_' ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE RE71ETri PRCCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, D=RECTOR STATE ILEt=RINGHOUSE, NORTH CAROLINA DEPARTMENT OF AD'4INISTRATI0N, .16 WES_ JCNES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (3.9) 733-6369. WHY IT IS BEL=EVED TI=AT THIS AC 1VITY MUST BE CARRIED (INCLUDE ANY M-ASjRES TAKEN D M:NIX:ZE WETLAND 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 (FC= NATIO-N7,IIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 3 8) . ALL STREAMS ( IN7-ERMITTENT 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 THE=R EQUIVALENT. b. IF AVAILABLE, REPRESENTA-IVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFCRMED 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 f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. 1?? 124 /z/ Z 3Z9? OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) DATE 5 1 e M yTAIE o STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVENOFt December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment And Natural Resources Division of Water Quality Environmental Sciences Branch PAYMENT 1621 Mail Service Center RECEIVED Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, { SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfort County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the DAVID McCOY SECRETARY P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. • The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. • The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, T. Lindsey iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 DEM ID: 00.1000 3/25/96 CORPS =CT=ON _T : / g i 9 / /.3 ?11 NATIONWIDE PERMIT = QUESTE= (P OVI_E PZATI ;WIDE P_=:-=T #) : PRE-CONSTRUCTION NOTIFICATION AP-P•IICATION FOR NATIONWIDE PERMITS THAT REQUIRE: , 1) NOTIFICATION TO THE CORPS OF ENG=ERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIV=SIGN 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 =E SENT 7_0 THE N.C. D7-.ISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SKEEV. PLEASE PRINT. 1. OWNERS NAME: NCDCT 2. MAILING ADDRESS: P 0 Box X50 SL-3DIVISI3N NAME: CITY: Edenton STA=E: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, INCLL_-=NG SU=DIV=SIC`i NAME (IF DIFFERENT FROM MAILING ADDRESS A30VE): =R 1400 _n Hert'ord County. NC 3. TELEPHONE NUM= ER (HOME) : ;WORK) : 252-.482-7977 4. IF APPLICABLE: AGENT'S NAIE CR RESP2TSI3LE CORPORATE OFFICIAL, ADDRESS, PHONE N"-IBER : Don R. Cori er , P. F D1V791C-1 En--ineer-Division One 5. LOCATIONi OF WC?.:K (PRC'; IDE A PR=FERABL71 A COPY OF USGS TOPCGRAPHIC MAP CR A RIL- PHOTO=?.A=HY =TH SC:-E) : COUNTY: Hertford Nom'=REST T:WN OR C=TY: Ahoskie 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LP?NDMARiv, ETC.) : 6. IMPACTED OR NEAREST STREAM/RIVER:Unnam°d tribuzarv to Brooks Cr. RIVER BASIN: Chowan 7a. IS PROJECT LOCATED NEAR WATER CLASSIF=ED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTAND--NG RESCURCE 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 CCAST_AL, COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE =LAN (LUP) DESIGNATION? 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 INFORM.=ON (=NCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTIC--PATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF PiETL NDS IN.=ACTED THE PROPOSED PROJECT BY: FILLING: 0.65 EXCAVr.=I0N N/A FLOODING: N/r OT=ER: N/A DRAINAGE: N/. TOTAL yCRES TO BE IMPACTED: 0.65 10b. (1) STREAKS CHANNEL TO B= IMPAC_ED BY _aE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE EOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: Ur-{nown =T =.FTER: 609 FT WIDTH BEFORE (based on normal hich water contours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Unknown FT A_1ER: Unknoom FT (2) STREAM CHANNEL IMPACTS WIIL REStl-T FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATICN: PLAC=MEV-T OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PRC?OSED, V AT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING IISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLA`.S: 8 1/2" X 11" DRAWINGS ONLY) : Road construction- eq'sipm..ent Work has already been completed. It was originally considered to Ditch clean out. Subsequent visits revealed a violation had occurred. This application is fcr an a=_er the fact c_rtification. 13. PURPOSE OF PROPOSED WORK: upc=-ade the facility to handle increased traffic lcads 14. STATE REASONS WHY IT IS BELIEVED THAT THIS AC'=IVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TJ M=NIMIZE WETLAND IMPACTS): work in wetlands was inadvertent please see cover letter for details 15vnTT ARE REQUIR??D TG r1 rim vn U._. T ' :NI` T' TFE SERVIGE (usF.'c) TIPD /nTc n _ `?TGhztL p =-ZiNE F: =SHERI-E`--SERVI g= (!-; `4FS ? (SEE Ar'ENGY c .. , -rzc ?z. c z ADDRESSES SHEET) rrrET..F?s..., lE'... @F I;Y _ E.c_RA=_it : s='... PRGPGSSID FGR LISTING GR THRE==E?? D- CR GR-ITIC-PP- 3 DATE GONTAGTED /TTTTG ESPGINSES Tom,iT?iEs_ TG NGT 16. Y GU AREs-REQUIRED -T G G@NT AGT-THE ST-'=r:-:!!S99R:-P::ESE-R-V TTIGN _OFFT(LD -? (SHPG) (S NGY IDID -'x?DZ PROPERTIES lN TIHE PS 1 4 RESSES c'atr ?- 1 REA GHEET-) o?r D? TS PRESENCE OF HIS?RIG vz ra 7 z Pr AFF=:T D B'- ' THE PRGPOSSID WFl= Gli Mg l - A - - i - - PRQjEGT . DATE CONTA03TED , 17. DOES THE PROJECT INVOLVE AN EXPEND=TURF 0- PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO H (IF NO, GO TO 1E) a. IF YES, DOES THE PROJECT REQUIRE PREP: RATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIRE:-NTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [XJ b. IF YES, HAS THE DOCUMENT BEEN REVIEWS: TF-SOUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CL=kRIVGHCUSE? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT AP-ROPRIA=E C3CLP,:ENTATICN FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENT. 1-L REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENT: POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHCUSE RE77EPi PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CIEP RINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, =16 igEST JCNES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (9=9) 733-369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED W_TH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHAF._? C? EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEI-IOL: M ? S _OW=_-.G AFL iiETT._:,NDS, STREAMS, LAKES AND PONDS ON -HE PRCcER_ FOR NA==JN"r;=DE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38) . ALL S-=EA.%'S =NT-RM=--E_- .`-'7 =ERbL?'?IENT) ON THE PRCPER_Y MUST BE SHOWN C`1 T= E 'SAP. M:__ SCALES SHOULD BE 1 INCH EQUALS S0 FEET OR 1 INC EQUALS 10C FEET OR THEIR EQ_IVALENT. b. IF AVAI-7BLE, ?EPRESE:,_AT=VE =dOTOGR..PH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELI: EATION 14AS PE FOR`-= =Y M_ CC',SULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE = LACEME:-' OF THE DELINEATION LINE. d. ATTACH :. COPY C? T'-:---7- S-OR-TWAT-=R r!mLNASEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF S ^RC_7ND=_iG = ROP=RTY? Rural f. I= APPLICABLE, PiHAT IS PROPOSED b=THCD OF SEWAGE DISPOSAL? g. SIGNED A.VD DAT= AGEN AUTHO =ZA_ION 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 MANAGEM= (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. .? n /Z i 3 ?S OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE `:SLID CNLY IF AUTHORIZATION LETTER FRAM THE OWNER IS PROVIDED (18c.)) DATE 5 ?SWE 00-10010 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVENOR SECRETARY :j December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment And Natural Resources Division of Water Quality PAYMENT Environmental Sciences Branch RECEIVED 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfort County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 -s' material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. • The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, T. Lindse iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 10. DEM ID: a010©6 3/25/96 CORPS AC=ION 7D: /q q NATIOIT,, IDE PERMIT REQUESTED (PRO%"_DE NATIONWIDE PERMIT ") : PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION t.. 3) COORDINATION WITH T4 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 3E SEN'_ TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SKEET). PLEASE PRINT. 1. OWNERS NAME: NCFOT 2. MAILING ADDRESS: P 0 Box 850 SUBDIVISION NAME: CITY: Edenton STTE: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, INCL__ ING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1400 in Hertford County, NC 3. TELEPHONE NUMBER (HCME): (WORK): 252-.482-7977 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R. Corner, P. E. Di-:ision Engineer-Division One 5. LOCATION OF WORK (PROVIDE A ;QAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SOLE): COUNTY: Hertford NLkREST TOWN OR CITY: Ahoskie 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): SR 1400 6. IMPACTED OR NEAREST STREAM/ RIVER: Unna7ned tricuta -o Brooks Cr. RIVER BASIN: Chowan 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TRCUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE l-,ATERS (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? Rural 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSDY 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 FCR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRI3E ANTICIPATED CORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT CF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF "riETLANLS LCCATED ON PROJECT SITE: N/A 2 10a. NUMBER OF ACRES OF WETLANDS I24PAC=ED BY T:E PROPOSED PROJECT BY: FILLING: 0.65 EX:-?V_-TIC`i: N/A FLOODING: N/A OTHER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.65 lob. (1) STREAM CHANNEL -0 3E =:-!PACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTA:= 30T. 3EF OR= AND AF=SR RELOCATION) : LENGTH BEFORE: Unkncwn FT AFTER: 609 FT WIDTH BEFORE (based on ncrmal h_ch ;gate= ccntours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Unk-_cwr_ FT FTER: Unknown FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (C:aECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLA CEM21T OF P=PE IN CHANNEL: CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA-- N/A 12. DESCRIPTION OF PROPOSED WOR:: INCLUD_NG DIS7USSION OF TYPE OF MECHANICAL EQUIPMENT TO EE USED (ATTACH PL-:S1S: S 1/2" X 11" DRAWINGS ONLY) : Road construction e :.zioment Work has alreadv been comnle:ed It was originally considered to Ditch clean out Subse7.zert v-=its reyea' ed = violation had occurred This application is for an after the fact cert-fication 13. PURPOSE OF PROPOSED 1ORK: ularade the facility to handle increased traffic load= 3 14. STATE REASONS WHY IT IS BELIEVEr THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (IN=,ME ANY MEASURES TAKE:: TC MINIMIZE '.,i---TLAND IMPACTS): work in wetlands was ir. dvertent, ole se see cover letter for is. YOU -1--R-REQU-iRED To GGN. T T (USF;4S) AN9, GR :ATIGITA MARINE F-T HE s . r-=--Tim--':=LDLi SIHE =ES SERWIG?i; (!P! G) ( FE SERViGE SEE AGENGY _ REG?B??G THE n ADDRESSES SHEET) _ TT" ?r F?G n = T-^ 'I-SD 9R i?-?i??- _ PRGPGS ER LIsTIPSG-EN APiGERE-G ?- ? R ? s?:ECIES GR __a - GRITICAL ? HABITAT IN THE PERMIT PRi' A r= ? Y ! EC_ED 3Y P R LA v?aGi S E D n p- GG :Q r /. T DAT'Y7 NS-: 2' TED: f 1TT'S ??.CY - -I _ 7• 2 RESPONSES E.TS FRGM Tf =;SE -AG . z r ? T 7 ?(gO T ENCIES.) 16. YOU r~-q-REQUIRED TO GGN .._.T T-1111E ST-A'=3 _S-TQRIC- _REs2R`' T-iGN !1LFic-L'D (GHPBT'-(S- E GY t'1D7DRESSASi£ESS- HE£ET/+T- Grp-T_:T-'£?7?'_'9 ? ? S NC=E GnF 111ST-7GRImo' PRGPEn TIES IN THE PEP411T T•aS?T-r NIGHT .'r'-fY 2E `_ F EC_II t? p GGED t iC?L IIIC=S"IID S=1 ?..... L .? - THE ??TC'C7 PR9 TEC--T . DATE C-C-NT! 17. DOES THE PROJECT INVOLVE AN EXPE_VDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TC 18) a. IF YES, DOES THE PROJECT RECUIRE PF.EPARATICN OF AN ENVIRONMENTAL DOCUMENT PURSUANT- TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ) NO [XJ b. IF YES, HAS THE DOCUMENT BEEN REVIEdED THRCUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATIO; STATE CLEt RINGHOUSE? YES [ ] NO [ ) IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPR=ATE DCCUMENTA_ION FROM THE STATE CLEARINGHOUSE TO DIVISICN OF E17IIRONME_iTAL., MF-',AGEMEN REGARDING COMPLIANCE WITH THE NORTH CARCLINA E'.;IIRONME_iTA_ POLICY ACT. QUESTIONS REGARDING THE STATE CLEARI*;CHOUSE REVIEW ?ROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEAR--NGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATIO.;, 116 117-ST JOKES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 33-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVCLVES THE DISC:L:?RGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE =ROPERT': (FOR TIONWI7E PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAN._ (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. HAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET O THEIR EQUIVALENT. b. IF AVAILABLE, REPRE=ENTATI.-E P OTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS =ERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COP'_ OF THE STOPXiATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PRO=3SED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTEORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 40: 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. /zl z 3 /9S OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALII ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED DATE 5 y ?. STATE N d ?'-V u STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVENOR SECRETARY December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment PAYMENT And Natural Resources RECEIVED Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfort County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, T. Lindsey- iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 3/25/96 / 4 `i s / 3 y DEM ID: _)' F t? CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED i?ROVIDE `IAT=ONti=DE TERM=_ =): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE COR2S 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 CC%fPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SSE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TC THE N.=. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). ?LEASE PRINT. 1. OWNERS NAME: NCDOT 2. MAILING ADDRESS: P O Sox 85C SUBL=VISION NAME: CITY: Edenton STATE: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, =NCLUDI!;1 SLBD--.ISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR '1400 in Hertford County. NC 3. TELEPHONE NUMBER (HOME): (WORK) : 252-.482-7977 4. IF APPLICABLE: AGENT'S 2::?ME OR RESPONS--BLE CCRPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R. Conner. P. E. Divis_-n Fng_-eer-DiviSion one 5. LOCATION OF WORK (PROVI..E A MA=, PREF=.ABLY A COPY 0: USGS TOPOGRAPHIC MAP OR AERIAL =HOTOGR-?HY WI--':- SCALE;: COUNTY: Hertford NEAR=ST =OWN OR CITY: 21hoskie 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, L=NDbL:?RKS, ETC.): 6. IMPACTED OR NEAREST STREr`d/RIVE=:Unname? tr_bu_ary to Brooks Cr. RIVER BASIN: Chowan 7a. IS PROJECT LOCATED NEAR DATER C_ASSIF_=D AS T=OUT, TIDAL SALTWATER (SA) , HIGH QUALITY WATERS (HQW) , OL_ST AVDI_?G F-ESOURCE WATERS (ORW) , WATER SUPPLY (WS-I OR WS-II)? YES . J N2 [X] _: YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH ZARCLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CCNCERN (=.EC)?YES [ ] NO [X] 7c. IF THE PROJECT IS LOCATED WITH--N A CC:.-STP?, CCUNT'%_r (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), ;ti AT IS _HE LAE-3 USE P-_PN (LUP) DESIGNATION? Rl•ral 8a. HAVE ANY SECTION 404 PERMITS SEEN PRZ-IIOLSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NC [X) =F YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL 7NFORM::IOh (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [XJ IF YES, ::ESCRIBE ANTICI?ATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN T:__CT OF :_:,ND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF W=:LAPDS _OCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF WETLAA7S =MPICTED BY THE PROPOSED PROJECT BY: FILLING: 0.65 EYCAVAT=.Z,N: `?/A FLOODING: N/A CTHER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.65 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BO=a S EFO_-3 AND ?TER RELOCATION) : LENGTH BEFORE: Unknown FT AVER: 609 FT WIDTH BEFORE (based on normal high water contours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Un:?zown - AFTER: Unknown FT (2) STREAM CHANNEL IMPACTS WILT RESUL- FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEXENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CCNSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND =S PROPCSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND: N/A WHAT IS THE EXPECTED POND SURF_.CE ARE:_? N/A 12. DESCRIPTION OF PROPOSED WO=K INCL__DING D=SCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED, (ATTAZ:i PLANS: 8 1/2" X 11" DRAWINGS ONLY): Road construction =quinme-t Work has already been completed. _= was criainally considered to Ditch clean out. Subsequent -visits revealed a violation had occurred. This aippli catior is for an aft=-r the fact cerzif i cation 13. PURPOSE OF PROPOSED WORK: u;DQr=_de the facility to handle increased traffic loads 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): work in wetlands was inadvertent, please see cover letter for details 1S. YOU ARE REQUIRED 'PG-CGN?AGT THE U.S-F-gH AND -.TILDuIFE SERVICE f ADD=R°CC?SHEET) REGARDING T?:E PRE6_NC-E G -:NY FED`=ALLY LIST-ED 0 mr..- c T- r7 HBITTTY7'1 ? IN THE nLTEnQTT --. CRS 2 'lAY E BT-,PRGP/?G"O'`nD PR jEGT. SYfS?-STS ?L"M1= . ZT DATE NTAG•TED : , "TTAGH RE PGNSEZS FRG. I' AGENti=ES . ) 16. YGU ARE REQUIRED 2G GGN:; i .T H STATE _ilST-G IC T» SER-VT-1011 GFFIG C (SHPG) (SE rz"GENGYt ADDRESSES SHEET) REC3- DING T-__r -RESENGE OF HiS=0R1E - T1?vrrLL?P?P?-7-t-?-v3 7[ 2S EC=IES TTT THE PERMIT AREA je1HIGH 31LY BE ;= FEGT?r BY THE PR9PGED LT CG t?TSTT•• IT L2l ?ZTL.?T2 PRGjEGT. DATE GGNT-ACTED, 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO (J (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQU-REMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ) NO [X] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATICN STATE CLEARINGHOUSE? YES [ I NO ( ) IF ANSWER TO 17b IS YES, THEN SUBMIT APPROP=IATE DCCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL M;?VAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL PCLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIREC70R STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATICN, 116 -,-EST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-'0369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHP=GE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION M_yP SHOW=NG ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY FOR N=IONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL _c'=REAMS INTERN.=TTENT -:,-VD PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE }LAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR =HEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. rF DEL=VEATION WAS PERFO '4E: BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF _=:E DELINEATION LINE. d. ATTACH A COPY OF THE STORMWr=ER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF Si-RROUNE=NG PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHCRIZATION 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. Iz? z OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18a.)) ? r •? r }y MST/1T[o a(N J r-' ° i J 4J •?? STATE OF NORTH CAROLINA '- DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVENOR SECRETARY December 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment 0 0 .10 O 4 And Natural Resources Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center PAYMENT Raleigh, North Carolina 27699-1621 RECEIVED Dear Mr. Hennessy, SUBJECT: Section 401 water Quality Certification for Improvements to Pavement Surfaces and Shoulders of Sections of NC 45, SR 1455 and SR 1400 in Hertfort County; TIP No. R-4004 As you are aware, the NCDOT conducted an upgrade of the pavement along SR 1400 in Hertford County. This work was originally intended to be conducted within the guidelines of Nationwide Permit Number 03 with no notification to the regulatory community. However, contrary to what was intended, the NCDOT has gone beyond the scope of work that is acceptable under NW 03. Representatives from the NCDOT, the NCDWQ and the USACE met at the project site on December 15, 1999. Determinations and results of the meeting are as follows: The NCDOT excavated approximately 324 linear feet within Catherine Creek. The USACE believes that additional disturbance to this area will result in further damage to the natural environment. Therefore, the USACE does not require remediation efforts at this site. Representatives from the NCDWQ also stated that they believed the stream to be intermittent and therefore, the NCDWQ will not require compensatory mitigation. • The NCDOT placed a small amount (< 0.10 ac) of spoil material from a pipe replacement into an adjacent pine flat next to SR 1400. The NCDOT will remove the P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 P ' ? r material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT is inadvertently responsible for a small amount (approximately 0.10 ac) of fill deposited within Brooks Creek at an existing beaver pond. The material was deposited when a piece of equipment tried to move off of the roadside to allow traffic to pass and became mired. Subsequent efforts to remove the equipment disturbed the area and resulted in material being displaced. The NCDOT will remove the material and dispose of it at an appropriate high ground location, thereby restoring pre-project wetland elevations and contours. The NCDOT excavated approximately 609 linear feet of channel within a tributary to Brooks Creek. The excavated material was placed on either side of the channel. This resulted in the material being placed in approximately .41 acres of wetlands. As approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will remove the excavated material and will place it back into the excavated channel, thereby restoring pre-project wetland elevations and contours. Additionally, as approved by representatives of the DWQ and the USACE during the site meeting of December 15, 1999, the NCDOT will re- align a short section of channel at the outlet end to better match the skew of the existing cross pipes. The pipes will also be extended on both ends to eliminate the continued maintenance of the roadway slopes on each end. Rip rap will also be placed along the slopes around the inlet and outlet end of the cross pipes. The NCDOT requests that a Section 401 Water Quality Certification for the above mentioned work be issued "after the fact". The NCDOT regrets that the infractions occurred and is making every effort to implement remedial actions immediately. Thank you for your help with this important matter. If you have any questions or would like additional information, please don't hesitate to call. Sincerely, T. Lindse iddick, Jr. Division Environmental Officer CC: D. R. Conner, PE R. E. Capehart, PE A. W. Roper, PE Mike Bell, PWS, USACE P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 P ®V.1®® DEM ID: 3/25/96 CORPS ACTION ID: / 9 9 9 / / 3 y NATIONW=_ PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS ,w 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 MtzkNAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NCDOT 2. MAIL=NG ADDRESS: P 0 Box 850 SUBDIVISION NAME: CITY: Edenton STATE: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1400 in Hertford County. NC 3. TELEPHONE NUMBER (HOME): (WORK) : 252-.482-7977 IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R. Conner, P. E. Division Engineer-Division One 5. LOCATION OF ,IORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS =OPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Hertford NEAREST TOWN OR CITY: Ahoskie 1 0- SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDD°:?RKS, ETC.): SR 1400 6. IMPACTED OR NEAREST STREAM/RIVER:Unnamed tr=buzarv to Brooks Cr._ RIVER BASIN: Chowan 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTST.AVDING 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 COASTA_Tj COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Rural Sa. 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 (XI IF YES, DESCRIBE AN=ICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.65 EXCAVATION: N/A FLGOD=_;G: N/A OTHER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.65 10h. 1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RE= ,OC.:: ED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: Unknown FT AFTER: 609 FT WIDTH 3EFORE (based on normal high water contours): Unknown FT WIDTH AFTER: Unknown AVERAGE DEPTH BEFORE: Unknown FT AFTER: Unknown FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHA'?ICAT_, EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Road construction equipment Wort{ has already been completed. It was originally considered to Ditcz clean out. Subsequent visits revealed a violation had occurred. This =oolication is for an after the fact certification. 13. PURPOSE OF PROPOSED WORK: upgrade the facility to handle increased traffic loads 3 A 14. STATE REASONS WHY IT OUT IN WETLANDS. (INCLUDE IMPACTS): work in wetlands was inadvertent, o lease see corer letter for details 0Ns 1S rGo ARE REQUIRED TO - GT : i!!-E T ? T F =Sli ;ND ?=T CLILz `'ERVIGS . = - A. - . ADDRESSES SHEET) RE ADDING TH SENGGE E P 9F A liY LIST EB 9 R G POPGSED FGR LISTING ENDANGER =- ED ?? ^ - /?+ ? - ?- TC?GRITI AL TC ?7T'G O D D 0' 1? fJ- E C DATE GGNTAGTED : ? "T TAC- RFSPG YES FRG'' T-i-i ESE AGENCIES.) ro xv o ARE C VG T TL]E REQUIRED TAG GGb T?-0•T? i'IST..RIG P c SLTI'VATIGN FF! R -- T T 1^-TRO ERTIES N THE DEP44-IT ,REA !!AY 3E :4FFE9TED-$-Y THE-PR8PGSED DRD3EGT . DATE GGNTAGTED : 17. DOES THE PROJECT INVOLVE AN EXPEND7-T=- OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 1S) a. IF YES, DOES THE PROJECT REQUI=E PREPP_;ATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE ?EQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ( ] NO [X] b. IF YES, HAS THE DOCUMENT BEEN -EVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION SATE CLEARINGHOUSE? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUEEMIT AP=ROPRIATS DCCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRDNMENTPJ MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVI=ONriLNTP! POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHCUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, =16 NEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (9'_9) 733-6369. IS 3ELIEVED T-:-'T -HIS ACTIVITY MUST BE CARRIED ANY MEASURES =AKEN TO MINIMIZE WETLAND 4 AI. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL =NTO W=--LANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES ANZ- PONDS ON THE PROPERTY (FOR NATIOtiRIDE PERMIT NUMBERS 14, 18, 21, 16, 29, AND 38) ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST 3E SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 80 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. I= AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVAhi TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. W_IAT IS _AND USE OF SURROUNDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AU-HORIZATION LETTER FROM THE Ol-MER IS PROVIDED (18g.)) DATE 5