HomeMy WebLinkAbout20011074 Ver 1_Complete File_20010710State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
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A -N% Nook
Michael F. Easley, Governor NC ENR
Bill ROSS, Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
August 1, 2001
DWQ No. 011074
Edgecombe County
APPROVAL of Tar-Pamlico Buffer Rules AUTHORIZATION CERTIFICATE with
ADDITIONAL CONDITIONS
Mr. James H. Trogdon, P.E.
NCDOT, Division 4
PO Box 3165
Wilson, NC 27893
Re: Edgecombe County, Stream Bank Stabilization near Bridge No. 80 on NC 33 on the Tar River
Dear Mr. Trogdon,
You have our approval, in accordance with the attached conditions, to impact 2000 square feet of protected
riparian buffers for the purpose of stream stabilization around the existing bridge bents of Bridge Number 80
on NC 33 in Edgecombe County. The project shall be constructed according to your application dated July 3,
2001 and any conditions listed below. This approval shall act as your Authorization Certificate as required
within the Tar-Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259). In addition, you should
get any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control.
This approval is only valid for the purpose and design that you described in your application dated July 3,
2001. If you change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner must be given a copy of this authorization and approval letter and is
thereby responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below.
D Impacts to riparian buffers shall be graded to pre-disturbance contours and revegetated.
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This authorization and its conditions are final and
binding unless you ask for a hearing.
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Page 2 of 2
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0259(8). If you have any questions, please contact John Hennessy
at 919-733-5694.
Sincerely,
e Thorpe, D.
Actii g rirector
Cc: Eric Alsmeyer, US Army Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office .
File Copy
Central Files
C:\ncdot\NC 33\wqc\011074 buffer authorization.doc
1. 6
-1 Ss
FILE COPY
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
SECRETARY
July 3, 2001
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office 2
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609 ""V
49?
"_
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
-I b
101114 - C,
Subject: Proposed Stream Bank Stabilization at Bridge #80, on NC 33 over the Tar
River, in Edgecombe County.
The North Carolina Department of Transportation (NCDOT) proposes to stabilize
existing eroded stream banks along the Tar River, near the existing Bridge 980, on NC 33
near Tarboro. The purpose of this letter is to provide notification to the U.S. Army Corps
of Engineers (COE) under Nationwide Permit (NWP) #13, Bank Stabilization, and under
NWP #3, Maintenance Activities. This letter shall also provide courtesy notification to the
North Carolina Department of Environment and Natural Resources (NCDENR) Division
of Water Quality (DWQ) according to concurrence requirements for Water Quality
Certification # 3258.
Impacts to Waters of the United States
The proposed stabilization project will require minimal impacts to waters of the
United States in the Tar River Basin. The minimum necessary amount of riprap will be
placed adjacent to the existing bridge bents in order to protect them from erosive scour
during high water events. Currently a low and eroded bench, with an approximate
elevation above the ordinary high water mark, surrounds the bridge bents. Eroding
riverbanks with which currently have 1:1 slopes will be reshaped and stabilized with coir
fabrics, stakes and riprap. The total length of the project will be less than 500 feet and will
require less than one cubic yard per linear foot placed along the bank below the plane of
the ordinary high water mark, on average.
Post Office Box 3165, Wilson, North Carolina 27895-3165
1 2
Waters of the U.S. Mitigation
Avoidance: All wetlands or surface waters 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 or near wetlands or surface waters.
Minimization: Sedimentation and erosion control Best Management Practices for
the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to waters of the U.S. at
these sites.
Compensatory Mitigation: Construction of the project will result in minimal
impacts to waters of the U. S. Impacts have been minimized to the maximum extent
possible during this stabilization project.
Riparian Buffer Impacts
The proposed streambank stabilization project involves work within Zone 1 of a
river that is subject to the Tar/Pamlico Riparian Buffer Rule. According to the Table of
Uses (15A NCCAC 02B .0233 (6)) in the rule, streambank stabilization is allowable with
notification.
Dewatering
The NCDOT proposes to temporarily dewater the work zone in the immediate
vicinity of the proposed project. This will involve the temporary placement of sheet
metal cofferdams, or silt curtains around the base of the slopes being stabilized, in order
to minimize temporary increases in turbidity due to construction.
Permit Issues
The purpose of this letter is to provide notification under Section 404 Nationwide
Permit (NWP) 3, Maintenance Activities, for the placement of additional riprap in waters
of the U.S. Notification to the COE for the use of NWP 13, Streambank Stabilization, is
provided as a courtesy for this project, as the bank stabilization activity does not exceed
500 linear feet. Also, courtesy notification to the North Carolina Division of Water
Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3258 is
provided for this project. NCDOT will comply with all conditions associated with the
applicable NWP and WQC.
Additionally, the purpose of this letter is to request authorization under a Section
404 NWP 33 to temporarily dewater the immediate work zone during the stabilization
project. The 401 WQC No. 3114 (which corresponds to NWP 33) does not require
written concurrence from the NCDWQ as NCDOT intends to comply with conditions for
the WQC.
Summary
NCDOT proposes to stabilize less than 500 feet of eroded riverbank and repair
erosive scour damage in the vicinity of Bridge #80 on the Tar River in Edgecombe
County. The project is located in the Tar/Pamlico River Basin. Impacts associated with
stream bank stabilization are allowable with notification under the Tar/Pamlico Riparian
Buffer Rule. The NCDOT asks that the dewatering of the work zone be authorized under
a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWPs
and Section 401 WQCs conditions. If you have any questions or need additional
information, please contact Ms. Robin M.Little at (252) 237-6164.
Sincerely,
m s Trogdon, III, P.E.
iv sio Engineer
cc: Mr. David Franklin, USACE,WiI i gton
Mr. John Dorney, NCDWQ, Ral6ga
Mr. David Cox, NCWRC, Creedmoor
Mr. Garland Pardue, USFWS, Raleigh
Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer
Mr. JimmyMarler, Bridge Superintendent
Mr. Don Goins, P.E., Chief Engineer, Operations
Office Use Only: 01 1 ®7 *nu Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3, 13, 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: F-1
H. Applicant Information
Owner/Applicant Information
Name: Mr. James H. Trogdon III P.E. Division Engineer
Mailing Address: North Carolina Department of Transportation /Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: (252) 237-6164 Fax Number: 252) 234-6174
E-mail Address: jtrogdon@dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Robin M. Little
Company Affiliation: Division Environmental Officer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
Wilson NC 27895-3165
Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174
E-mail Address: rmlittle@dot.state.nc.us
Page 3 of 12
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailedsite plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bridge No. 80, NC 33
2. T.I.P. Project Number (NCDOT Only)_
3. Property Identification Number (Tax PIN): NA
4. Location
County: Edgecombe Nearest Town: Tarboro
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): NC 33, north of Tarboro 0.72
miles north of US 64A.
5. Site coordinates, if available (UTM orLat/Long): UTM 18 269931E 3978783N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinctwaterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Commercial, residential.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Tar River (DWQ ID # 28-(74)
WS-IV NSW
9. River Basin: Tar River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available athttp://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Streambank stabilization, less than 500 feet,
and less than 1 cubic yard of riprap per running foot, on average and scour protection and
repair, requiring minimal amount necessary of riprap around existing bridge bents.
Page 4 of 12
11. List the type of equipment to be used to construct the project:
Heavy construction equipment( back hoe track hoe excavator, dump truck)
12. Describe the land use in the vicinity of this project: Residential/Commercial mix.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: NA
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impcts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both stricture and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htttz: //yy%y ?K feajq. c31:
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: NA
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please specify)
Riprap <500 Tar River 50 Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associatedip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss(gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wtvw.us?;s.oov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.con3
www'nigi quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: <500 linear feet
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact Area of
Name
Wate Type of Waterbody
Site Number Type of Impact* Impact )
(if
applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
Riprap 0.05 Tar River River
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 6 of 12
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands or surface waters not affected by the project will be protected from unnecessary
encroachment. No staging of construction equipment will be allowed in or near wetlands or
waters of the U.S. Strict enforcement of sedimentation and erosion control Best Mana ement
Practices for the protection of wetlands and surface waters will be enforced during project
construction.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http:,,'/h2o. enr. state. ne.u s/ncwet1 and s/strin gi de. htm I
Page 7 of 12
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at IMP-L, -P tadg;?tht!!!. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Page 8 of 12
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following nformation:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount. of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 2000 3 0
2 0 1.5 0
Total 0 0
* Zone 1 extends out 30 teet pelpencitcular from near banK of cnannel; Lone L exLenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Temporary dewatering and all appropriate best management practices for sediment and erosion
control will be implemented during streambank stabilization and scour protection.
XII. Sewage Disposal (DWQ Only)
Page 9 of 12
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XM. Violations (DWQ Only)
Is this site in violationof DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
I(Ib
Applicant/A ent's Si nature ` Date
(Agent's sig ature is v lid only if an authorization letter from the applicant is provided.)
Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland . Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarms Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chathcvn Granville Orange Wake
Union
Watauga
Yancey
Wilson
Yadkin
Page 10 of 12
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