HomeMy WebLinkAbout20000894 Ver 1_Complete File_20000705W AT ?RpG
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Michael F. Easley
Governor
William G. Ross; Jr., Secretary
Department of Environment and Natural Resources
FF - Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DWQ Project No.: TLJ 4- County:
Applicant: G a - c//
Project Name:
Date of Issuance of 401 Water Quality Certification: S r2;AnI
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer.It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Abent's Certification
I,,-JA .JiCG e) hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved pla and s fi ?ti ns, and other porting m?atf ri
Sign ?Date• lam/ D Z?
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No. Date
N Eh"R
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetfands/401 Unit (919) 733-1786
?O G
uovernor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 22, 2001
Lincoln County
DWQ Project No. 000894
Bridge No. 112, SR 1110
APPROVAL of 401 Water Quality Certification with Additional Conditions
Ms. Trish Simon, Environmental Officer
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151-0047
Dear Ms. Simon:
You have our approval, in accordance with the attached conditions and those listed below, to impact 130
linear feet of an unnamed tributary to Little Indian Creek for the purpose of replacing Bridge No. 112 on
SR 1110 with two lines of 128" x 83" CMPA in Lincoln County. The project should be constructed in
accordance with your application dated 22 June 2000 and the additional information dated January 18,
2001 (received 8 May 2001). After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers
Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
1. Stormwater should be directed to buffer areas or retention basins and should not be routed directly
into streams.
2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must
be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic
resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within
10 days of ground-disturbing activities to provide long term erosion control.
3. The culvert required for this project shall be installed in such a manner that the original stream profile
is not altered (i.e. the depth of the channel should not be reduced by a widening of the streambed).
Existing stream dimensions are to be maintained above and below locations of culvert extensions.
4. All work shall be performed during low flow conditions.
5. All mechanized equipment operated near surface waters should be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
6. The presence of equipment in the channels must be minimized. Under no circumstances should rock,
sand or other materials be dredged from the wetted stream channel under authorization of this permit,
except in the immediate vicinity of the culverts.
7. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm
water sheet flow.
8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when
practical. If necessary, rip-rap should be limited to the stream bank below the high water mark, and
vegetation should be used for stabilization above high water.
9. Rock silt screens at culvert outlets should be removed at project completion.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919.733.1786.
Sincerely,
T Stevens
9_7DX 07
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
DWQ Mooresville Regional Office
Central Files
File Copy
t`?o
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. Box 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETT
GOVERNOR SECRETARY
P.O. BOX 47, Shelby, N. C. 28151
January 18, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
North Carolina Department of Environment and Natural Resources
Division of Water Quality/Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1621
Re: DWQ # 00894- Permit Application for Lincoln County, Bridge # 112, SR 1110
Dear Mr. Dorney:
I am in receipt of your comments letter dated July 21, 2000 concerning the Department of
Transportation's application regarding our plan to replace Bridge #112 on SR 1110 in Lincoln
County. The items addressed in your correspondence included the following:
1) The requirement for hazardous spill basins to be included in the design due to the location of
the project in WS-II waters, thus HQW;
2) The request for adherence to NC regulations entitled "Design Standards in Sensitive
Watersheds" (15A NCAC 04B .0024);
3) The requirement for flood plain culverts to maintain the natural hydrology of the system, if the
project is located in a FEMA floodplain, (under Condition 6 of the Water Quality Certification
corresponding to Nationwide 14).
In response to these items, the following comments are offered.
1) It is my understanding that at this time the issue of the hazardous spill basins is being
addressed on a site by site basis. Section 15A NCAC 02B .0104 (m) states that the
Department of Transportation shall use BMP's as outlined in their document "Best
Management Practices for the Protection of Surface Waters". This document references
Guidelines for the Location and Design of Hazardous Spill Basins (see attachment). These
guidelines include the following applicable locations:
Mr. John Dorney
Page 2- DWQ # 00894
A) On highways functionally classified as rural or urban arterials
SR 1110 has a 1998 average daily traffic (ADT) of 20 and a future ADT of 44 for
2010. The road does not function as an arterial for this area.
B) The stream is identified as an outstanding resource water (ORW) or a WS-I water
supply
Bridge # 112 crosses Indian Creek, which is a water supply watershed and carries a
stream classification of WS-II.
C) The stream crossing is within 'h mile of the critical area of the water supply source
classified as WS-II, WS-III and WS-IV
Bridge # 112 crosses Indian Creek, which is a water supply watershed and carries a
stream classification of WS-II. The project site is located approximately 10 miles
upstream of the water supply critical area.
Therefore, with consideration of the road's low potential for hazard relative to traffic use
and volume and the considerable distance from the water supply critical area, the
Department of Transportation feels that hazardous spill basins are not warranted for the
proposed work at Bridge # 112 on SR 1110.
2) Stringent erosion control measures conforming to 15A NCAC 04B .0024 will be followed.
3) Condition 6 addresses "FEMA-designated floodways or wetlands" with no mention of a
FEMA flood plain. There are no wetlands involved in the project. Enclosed is a sketch
from a FEMA flood study that illustrates the difference between a FEMA regulated
floodway and a flood plain, Bridge #112 is located in a FEMA flood hazard zone with no
detail study or floodway established. The proposed structure is 2@ 128" x 83" corrugated
steel pipe arch (CMPA), which complies with FEMA regulations by providing proper
conveyance of an estimated 100-year frequency storm. The existing stream is entrenched
with unstable banks. It should be noted that the existing bridge is being used as a cattle
crossing and the unstable banks may be attributed in part to cattle grazing.
If you have any questions or need additional information, please contact me at 704-480-5400.
Thank you for your time and consideration.
Mr. John Dorney
Page 3- DWQ # 00894
Sincerely
Trish Simon
Department of Transportation
Division 12 Environmental Officer
Enclosures
Cc: Mr. Steve Lund, Asheville Regulatory Office Corp of Engineers
Mr. Dan Holderman, Division Bridge Engineer
File
r
Government Printing Office, Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars
(S 13.00). Methods not codified by 40 CFR, Part. 136 will, insofar as practicable and applicable, conform to the guidelines
by the American Public Health Association, American Water Works Association, Water Environment Federation publication
AStandard Methods for the Examination of Water and Wastewater, 19th edition@(1996) or subsequent editions which are
hereby incorporated by reference. Copies may be obtained from the Water Environment Federation, 601 Wythe St.,
Alexandria, VA, 22314 at a cost of one hundred and eighty dollars (S 180.00).
(b) Biological Procedures. Biological tests to determine conformity or non-conformity with standards shall be based on
methods published by the U.S. Environmental Protection Agency as codified as 40 CFR, Part 136, which are hereby
t incorporated by reference including any subsequent amendments and editions. This material is available for inspection at
the Department of Environment, Health and Natural Resources, Division of Water Quality, Water Quality Planning Branch,
512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the U.S. Government Printing Office,
Superintendent of Documents, Washington, DC 20402-9325 at a cost of thirteen dollars (S 13.00).
(c) Wetland Evaluation Procedures. Evaluations of wetlands for the presence of existing uses shall be based on procedures
approved by the Director. The Director shall approve wetland evaluation procedures that have been demonstrated to produce
verifiable and repeatable results and that have widespread acceptance in the scientific community. Copies of approved
methods or guidance may be obtained by submitting a written request to NCDWQ, Ecological Assessment Group, P.O. Box
29535, Raleigh, NC 27626-0535.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. Febniary 1, 1976;
Amended Eff. February 1, 1993; October 1, 1989; January 1, 1985; September 9, 1979;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996.
1SA NCAC 02B .0104 CONSIDERATIONS/ASSIGNL 1GIIAIPLEb1ENTLNG WATER SUPPLY
CLASSIFICATIONS
(a) In determining the suitability of waters for use as a source of water supply for drinking, culinary or food processing
purposes after approved treatment, the Commission will be guided by the physical, chemical, and bacteriological maximum
contaminant levels specified by Environmental Protection Agency regulations adopted pursuant to the Public Health Service
Act, 42 U.S.C. 201 et seq., as amended by the Safe Drinking Water Act, 42 U.S.C. 300(f) et seq. In addition, the Commission
shall be guided by the requirements for unfiltered and filtered water supplies and the maximum contaminant levels specified
in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1100, .1200 and .1500 and comments
provided by the Division of Environmental Health.
(b) All local governments that have land use authority within designated water supply watersheds shall adopt and enforce
ordinances that at a minimum meet the requirements of G.S. 143-214.5 and this Subchapter. The Commission shall approve
local water supply protection programs if it determines that the requirements of the local program equal or exceed the
minimum statewide water supply watershed management requirements adopted pursuant to this Section. Local governments
may adopt and enforce more stringent controls. Local management programs and modifications to these programs must be
approved by the Commission and shall be kept on file by the Division of Environmental Management, Division of
Environmental Health and the Division of Community Assistance.
(c) All waters used for water supply purposes or intended for future water supply use shall be classified to the most
appropriate water supply classification as determined by the Commission. Water supplies may be reclassified to a more or
less protective water supply classification on a case-by-case basis through the rile-making process. A more protective water
supply classification may be applied to existing water supply watersheds after receipt of a resolution from all local
governments having land use jurisdiction within the designated water supply watershed requesting a more protective water
supply classification. Local government(s) requesting the Future Water Supply classification must provide to the Division
evidence of intent which may include one or a combination of the following: capital improvement plans, a Water Supply Plan
as described in G.S. 143-355(l), bond issuance for the water treatment plant or land acquisition records. A 1:24,000 scale
USGS topographical map delineating the location of the intended water supply intake is also required. Requirements for
activities administered by the State of North Carolina, such as the issuance of permits for landfills, NPDES wastewater
discharges, land application of residuals and road construction activities shall be effective upon reclassification for future
water supply use. The requirements shall apply to the critical area and balance of the watershed or protected area as
appropriate. Upon receipt of die final approval letter from the Division of Environmental Health for constriction of the water
treatment plant and water supply intake, the Commission shall initiate rule-making to modify the Future Water Supply
supplemental classification. Local government implementation is not required until 270 days after the Commission has
modified the Future Water Supply (FWS) supplemental classification through the rule-making process and notified the
affected local government(s) that the appropriate local government land use requirements applicable for the water supply
classifications are to be adopted, implemented and submitted to the Commission for approval. Local governments may also
adopt land use ordinances that meet or exceed the state's minimum requirements for water supply watershed protection prior
to the end of the 270 day deadline. The requirements for FWS may also be applied to waters formerly used for drinking water
supply purposes, and currently classified for water supply use, at the request of local government(s) desiring protection of
t the watershed for future water supply use.
(d) In considering the reclassification of waters for water supply purposes, the Commission shall take into consideration the
relative proximity, quantity, composition, natural dilution and diminution of potential sources of pollution to determine that
risks posed by all significant pollutants are adequately considered.
(e) For the purposes of implementing the water supply watershed protection rules (15A NCAC 2B .0 100, .0200 and.0300)
and the requirements of G.S. 143-214.5, the following schedule of implementation shall be applicable:
August 3, 1992 - Activities administered by the State of North Carolina, such as the issuance of permits for landfills,
NPDES wastewater discharges, and land application of sludgelresiduals, and road construction activities, shall
become effective regardless of the deadlines for municipal and county water supply watershed protection ordinance
adoptions;
By July 1, 1993 - Affected municipalities with a population greater than 5,000 shall adopt and submit the appropriate drinking
water supply protection, maps and ordinances that meet or exceed the minimum management requirements of these Rules;
By October 1, 1993 -Affected municipalities with a population less than 5,000 shall adopt and submit the
appropriate drinking water supply protection, maps and ordinances that meet or exceed the minimum management
requirements of these Rules;
By January 1, 1994 -Affected county governments shall adopt and submit the appropriate drinking water supply protection,
maps and ordinances that meet or exceed the minimum management requirements of these Rules.
Affected local government drinking water supply protection ordinances shall become effective on or before these dates. Local
governments may choose to adopt, implement and enforce these provisions prior to this date. Three copies of the adopted
and effective relevant ordinances shall be sent to the Division along with a cover letter from the municipal or county attorney,
or its designated legal counsel, stating that the local government drinking water supply protection ordinances shall meet or
exceed the rules in 15A NCAC 2B .0100, .0200 and.0300. If the rules in 15A NCAC 2B .0100, .0200 and.0300 are revised,
the Division shall modify and distribute to local governments, as appropriate, a revised model ordinance. The Division shall
approve the amended local maps and ordinances, or request the Commission to take appropriate action under G.S. 143-214.5.
(f) Wherever in this Subchapter it is provided that local governments assume responsibility for operation and maintenance
of engineered stormwater control(s), this shall be construed to require responsible local governments to inspect such controls
at least once per year, to determine whether the controls are performing as designed and intended. Records of inspections
shall be maintained on forms supplied by the Division. Local governments may require payment of reasonable inspection
fees by entities which own the controls, as authorized by law. In the event inspection shows that a control is not performing
adequately, the local government shall order the owning entity to take corrective actions. If the entity fails to take sufficient
corrective actions, the local government may impose civil penalties and pursue other available remedies in accordance with
the law. The availability of new engineered stormwater controls as an alternative to lower development density and other
measures under the provisions of this Subchapter and local ordinances approved by the Commission shall be conditioned on
the posting of adequate financial assurance, in the form of a cash deposit or bond made payable to the responsible local
government, or other acceptable security. The establishment of a stormwater utility by the responsible local government shall
be deemed adequate financial assurance. The purpose of the required financial assurance is to assure that maintenance,
repairs or reconstruction necessary for adequate performance of the controls may be made by the owning entity or the local
government which may choose to assume ownership and maintenance responsibility.
(g) Where higher density developments are allowed, stormwater control systems must use wet detention ponds as described
in 15A NCAC 2H .1003(cy)(2), (g)(3), (i), 0), (k), and (1). Alternative stormwater management systems consisting of other
treatment options, or a combination of treatment options, may be approved by the Director. The design criteria for approval
shall be 35 percent average annual removal of Total Suspended Solids. Also the discharge rate shall meet one of the
following criteria:
(1) the dischar-e rate following the 1-inch design storm shall be such that the runoff draws down to the
pre-stonn design stage within five days, but not less than two days; or
(2) the post development peak discharge rate shall equal the predevelopment rate for the 1-year. 24 liour storm.
(h) Where no practicable alternative exists, discharge from groundwater remediation projects addressing water quality
problems shall be allowed in accordance with other applicable requirements in all water supply classifications.
(i) To further the cooperative nature of the water supply watershed management and protection program provided for herein,
local governments with jurisdiction over portions of classified watersheds and local governments which derive their water
supply from within such watersheds are encouraged to establish joint water quality monitoring and information sharing
programs, by interlocal agreement or otherwise. Such cooperative programs shall be established in consultation with the
Division.
0) Where no practicable alternative exists other than surface water discharge, previously unknown existing unpermitted
t wastewater discharges shall incorporate the best possible technology treatment as deemed appropriate by the Division.
(k) The Commission may designate water supply watersheds or portions thereof as critical water supply watersheds pursuant
to G.S. 143-214.5(b).
(1) A more protective classification may be allowed by the Commission although minor occurrences of nonconforming
activities are present prior to reclassification. When the Commission allows a more protective classification, expansions of
existing wastewater discharges that otherwise would have been prohibited may be allowed if there is no increase in permitted
pollutant loading; other discharges of treated wastewater existing at the time of reclassification may be required to meet more
stringent effluent limitations as determined by the Division. Consideration of all practicable alternatives to surface water
discharge must be documented.
(m) The construction of new roads and bridges and non-residential development shall minimize built-upon area, divert
stormwater away from surface water supply waters as much as possible, and employ best management practices (BMPs) to
minimize water quality impacts. To the extent practicable, the construction of new roads in the critical area shall be avoided.
The Department of Transportation shall use BMPs as outlined in their document entitled "Best Management Practices for
the Protection of Surface Waters" which is hereby incorporated by reference including all subsequent amendments and
editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division
of Environmental Management, Water Quality Planning Branch, 512 North Salisbury Street, Raleigh, North Carolina.
(n) Activities within water supply watersheds are also governed by the North Carolina Rules Governing Public Water
Supplies, 15A NCAC 18C•.1100, .1200 and .1500. Proposed expansions of treated wastewater discharges to water supply
waters must be approved by the Division of Environmental Health.
(o) Local governments shall correctly delineate the approximate normal pool elevation for backwaters of water supply
reservoirs for the purposes of determining the critical and protected area boundaries as appropriate. Local governments must
submit to the Division a 1:24,000 scale U.S.G.S. topographic map which shows the local government's corporate and
extraterritorial jurisdiction boundaries, the Commission's adopted critical and protected area boundaries, as well as the local
government's interpreted critical and protected area boundaries. All revisions (expansions or deletions) to these areas must
be submitted to the Division and approved by the Commission prior to local government revision.
(p) Local governments shall encourage participation in the Agricultural Cost Share Program. The Soil and Water
Conservation Commission is the designated management agency responsible for implementing the provisions of the rules in
15A NCAC 2H .0200 pertaining to agricultural activities. Agricultural activities are subject to the provisions of the Food
Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 (Public Law 101-624) and 15A NCAC
2H .0217). The following shall be required within WS-I watersheds and the critical areas of WS-II, WS-III and WS-IV
watersheds:
(1) Agricultural activities conducted after January 1, 1993 shall maintain a minimum 10 foot vegetated buffer,
or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial
waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or
as determined by local government studies; and
(2) Animal operation deemed permitted and permitted under 15A NCAC 2H.0217 are allowed in all classified
water supply watersheds.
(q) Existing development is not subject to the requirements of these Rules. Redevelopment is allowed if the rebuilding
activity does not have a net increase in built-upon area or provides equal or greater stormwater control than the previous
development, except that there are no restrictions on single family residential redevelopment. Expansions to structures
classified as existing development must meet the requirements of the rules in 15A NCAC 2B .0100, .0200 and .0300;
however, the built-upon area of the existing development is not required to be included in the density calculations.
Expansions to structures other than existing development must meet the density requirements of these Rules for the entire
project site. If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of
record shall not be subject to the development restrictions of these Rules if it is developed for single-family residential
purposes. Local governments may, however, require the combination of contiguous nonconforming lots of record owned by
the same party in order to cstablisli a lot or lots that meet or nearly meet die development restrictions of the nrles under 15A
APPENDIX O
U/ ' SHEET I OF 2
see /15'Q
GUIDELINES FOR THE LOCATION AND DESIGN
OF HAZARDOUS SPILL BASINS
Hazardous Spill Basins are provided in new highway construction and major
improvment projects at strategic locations along arterial system highways to aid in
containment and clean up of accidental spills. The determination of these strategic
'locations is based on concentrated truck usage areas such as; parking sites at rest
areas, weight stations, and runaway ramps, as well as for highway segments in close
proximity to particularly sensitive waters such as; outstanding resource waters and
water supply sources.
The strategy is to configure the highway segment of concern such that any
potential spill runoff would be directed through a facility (basin) where the flow could be
interrupted and temporarily stored to prevent hazardous material from reaching a
receiving stream.
The use of these basins and other management practices to protect receiving
waters is in accordance to the general policies and criteria presented in the departments
document "Best Management Practices for Protection of Surface Waters". The following
is additional specific guidance in the location and design of the basins:
APPLICABLE LOCATIONS
• Basins will be provided at stream crossings on highways
functionally classified as a rural or urban arterials and,
The stream(') is identified as an Outstanding Resource
Water (ORW) or a WS-1 watersupply, or
The stream(l) crossing is within 1/2 mile of the critical
area (2) of a water supply source classified as WS-II, WS-III
and WS-IV.
Provision of basins at crossings of those streams on highways
functionally calssified as collectors and local streets and roads can
be evaluated on a site by site basis with consideration for:
traffic volume, traffic type, accident potential related to the highway
geometrics, receiving water quality, and the feasibility of basin
construction at the site.
L
• Ti
APPENDIX O
SHEET 2 OF 2
(1) For the purpose of these guidelines "stream" will be defined as those depicted as
blue lines on 7-112 minute (1:24000 scale) United States Geological Survey
(USGS) quadrangles.
(2) Critical area is defined as extending 112 mile from the normal pool elevation of
a reservoir; or 112 mile upstream of, and draining to an intake. This would
make the effective area for hazardous spill basins placement, within 1.0 mile of
the normal pool or upstream of an intake.
DESIGN REOUIREMENTS
The volume of spill containment storage provided ,vill be
approximately 10,000 gallons plus the estimated runoff volume
from a rainfall intensity equating to a two year return period
event.
A means will be provided such that the normal free flow of
runoff at the basin outlet can be interrupted to cause containment
of hazardous runoff. This can be accomplished. by providing a
mechanical control gate or by constructing a minimum control
section in the outlet channel that could be readily blocked by such
simple mean as shoveled earth material or stacked bags.
The mechanical gate alternative will generally be utilized in areas
where normal operational activities would allow close scrutiny
and control, reducing the potential for problems with vandalism.
Examples would be rest areas, weight stations and within
controlled access.
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History Note: Statutory Authority G.S. 113A-54;
Eff. February 1, 1976,
Amended Eff. November 1, 1984.
.0023 EFFECTIVE DATE
History Note: Statutory Authority G.S. 113A-54(b);
Eff. February 1, 1976,
Amended Ef. .. November 1, 1984; November 15, 1976,
Repealed Eff. August 1, 1988.
.0024 DESIGN STANDARDS IN SENSITIVE WATERSHEDS
(a) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the
boundaries of the tract of 20 acres. Only the portion of the land-disturbing activity within a HQW zone shall
be governed by this Rule. Larger areas may be uncovered within the boundaries of the tract with the written
approval of the Director.
(b) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so
planned, designed and constructed to provide protection from the runoff of the 25 year storm which produces
the maximum peak rate of runoff as calculated according to procedures in the United States Department of
Agricultural Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or
according to procedures adopted by any other agency of this state or the United States or any generally
recognized organization or association.
(c) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a
settling efficiency of at least 70 percent for the 40 micron (0.04mm) size soil particle transported into the basin
by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according
to procedures in the United States Department of Agriculture Soil Conservation Services "National
Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency
of this state or the United States or any generally recognized organization or association.
(d) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no
steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions
permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or
other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated
erosion.
(e) Pursuant to G.S. 113A-57(3) provisions for a ground cover sufficient to restrain erosion must be
provided for any portion of a land-disturbing. activity in a HQW zone within 15 working days or 60 calendar
days following completion of construction or development, whichever period is shorter.
History Note: Statutory Authority G.S. 113A-54(b); 113A-54(c)(1);
Eff. May 1, 1990.
.0025 BUFFER ZONE REQUIREMENTS
(a) Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the
nearest edge of the disturbed area, with the 25 percent of the strip nearer the land-disturbing activity
containing natural or artificial means of confining visible siltation.
(b) The 25 foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be
measured horizontally from the top of the bank.
(c) Where a temporary and minimal disturbance is permitted as an exception by G.S. 113A-57(1),
land-disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum
of ten percent of the total length of the buffer zone within the tract to be distributed such that there is not more
than 100 linear feet of disturbance in each 1000 linear feet of buffer zone. Larger areas may be disturbed with
the written approval of the Director.
(d) No land-disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters
that will cause adverse temperature fluctuations, as set forth in 15A NCAC 213 .0211 "Fresh Surface Water
Classification and Standards", in these waters.
NORTH CAROLINA ADMINISTRATIVE CODE 09/27/95 Page 7
r
100 YEAR FLOOD PLAIN
FLOODWAY FLOODWAY FLOODWAY
FRINGE FRINGE
STREAM
?CH
ANNEL?
FLOOD ELEVATION WHEN
CONFINED WITHIN FLOODWAY
I
ENCROACHMENT
C
==ZZ
AREA OF FLOOD PLAIN THAT COULD
BE USED FOR DEVELOPMENT BY
RAISING GROUND
ENCROACHMENT
D
CHARGE'
FLOOD ELEVATION
BEFORE ENCROACHMENT
ON FLOOD PLAIN
LINE A. B IS THE FLOOD ELEVATION BEFORE ENCROACHMENT
LINE C • D IS THE FLOOD ELEVATION AFTER ENCROACHMENT
'SURCHARGE NOT TO EXCEED 1.0 FOOT (FIA REQUIREMENT) OR LESSER AMOUNT IF SPECIFIED BY STATE.
FLOODWAY SCHEMATIC Figure 2
5.0 INSURANCE APPLICATION'
In order to establish actuarial insurance rates, the FIA has developed a process
to transform the data from the engineering study into flood insurance criteria.
This process includes the determination of reaches, Flood Hazard Factors
(FHFs), and flood insurance zone designations for each significant flooding
source affecting the Town of Halifax.
18
.j
P"00
Q O
S_
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR
June 22, 2000
1296 Prison Camp Road
Newton, N. C. 28658
Mr. Robert Johnson, Office Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, N. C. 28801-5006
Dear Mr. Johnson:
David McCoy
SECRETARY
t'y E7L"
The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following
project for your issuance of a Section 404 permit. We believe this project can be accomplished under
NWP 414, Road Crossings.
COUNTY: Lincoln
LOCATION: Bridge #112 Lincoln, SR 1110
STREAM: Tributary to Little Indian Creek
DESCRIPTION: Replace existing 20' long x 20' wide timber bridge with two lines of
128"x83" CMPA. Class WS-II waters involved. No troutwaters,
wetlands, nor HQW involved. Less than 200 CY of fill material
below normal highwater.
With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission, US Fish & Wildlife Service, and State Historic Preservation Office, and NCDENR.
We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction and every effort will
be made to complete work in a timely manner.
Our personnel are available to assist with your evaluation of this project, if necessary. Should you
have any questions, please call me at 828-466-5525.
Sincerely,
Attachment:
cc - Mr. Ron Linville, WRC
Mr. Brian Cole, USF&WS
Mr. David Brook, SHPO
Mr. John Dorney, NCDENR
Daniel D. Holderman
Bridge Maintenance Supt.
File
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #
PRE-CONSTRUCTION NOTIFICATIONS 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 ( I ) 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: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
2. MAILING ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
PROJECT LOCATION ADDRESS,( INCLUDING SUBDIVISION NAME) -
3. TELEPHONE NUMBER (HOME) JWORK) 828466-5525
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
AND PHONE NO. #.
DANIEL D. HOLDERMAN
DIVISION 12BRIDGE MAINTENANCE ENGINEER
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: LINCOLN NEAREST TOWN OR CITY: CAT SQUARE
SPECIFIC LOCATION, (INCLUDING ROAD NUMBERS, NAMES, LANDMARKS, ETC.
BRIDGE 4112, SR 1110
6. IMPACTED OR NEAREST STREAM/ RIVER: TRIBUTARY TO LITTLE INDIAN CREEK
RIVER BASIN: CATAWBA RIVER
-1-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II ) ? YES (X) NO ( ) IF YES, EXPLAIN: WS -II
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 THE
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
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: 0.25 ACRES
(NCDOT RIGHT-OF-WAY)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NONE
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: N/A
FILLING: EXCAVATION :
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED),
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (BASED ON NORMAL HIGH WATER CONTOURS FT.
WIDTH AFTER: FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT,
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHERS:
-3-
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THJE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS : 8 ''/z: X 11" DRAWINGS ONLY:
REPLACE EXISTING 20'X20' TIMBER BRIDGE WITH 2 LINES OF 128"X83" CMPA
(50' LONG). TRACKHOE TO BE USED TO REMOVE EXISTING BRIDGE, BED
AND SET PROPOSED PIPE, AND PLACE RH'RAP AT ENDS OF PIPES.
13. PURPOSE OF PROPOSED WORK: REPLACE DETERIORATED AND STRUCTUItALLY
DEFICIENT BRIDGE.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE AND MEASURES TAKEN TO MINIMIZE WETLAND)
N/A
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /
OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA
THAT MAY BE THE PROPOSED PROJECT. DATE CONTACTED : COPY SENT 6122/00
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES
IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: COPY SENT 6/22/00
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 (X)
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARING HOUSE 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 NO. 919-733-6369
-4-
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITIES INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18,
21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1" = 50'
OR I"= 100' OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY.
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.
a- _ >a??Gw-- - -- ? ? lv ZZ to
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AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.)
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. %IATE
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY
GOVERNOR SECRETARY
1296 Prison Camp Road
Newton, N.C. 28658
June 22, 2000
Mr. John Dorney
Division of Environmental Management
NCDENR
4481 Reedy Creek Road
Raleigh, N. C. 27607
Dear Mr. Dorney:
,p
The North Carolina Department of Transportation Bridge Maintenance Unit has requested
from the US Army Corps of Engineers the issuance of a Section 404 Permit for the
following project:
County: Lincoln
Location: Bridge #112 Lincoln, SR 1110
Stream: Tributary to Little Indian Creek
Please review the attached Pre-Construction Notifications Application and make any
comments back to the Corps and myself. Should you have any questions, please call me at
828-466-5525.
Attached is a check for $200. to cover the cost of the Water Quality Certification.
Sincerely,
Daniel D. Holderman
Division 12 Bridge Maintenance Engineer
cc: File
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HuNr JR. DIVISION OF HIGHWAYS David McCoy
GOVERNOR SECRETARY
June 22, 2000
1296 Prison Camp Road
Newton, N. C. 28658
Mr. Robert Johnson, Office Manager -
Asheville Regulatory Field Office
151 Patton Avenue, Room 143 f:
Asheville, N. C. 28801-5006 ';"?i?? t:'trt
Dear Mr. Johnson:
The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following
project for your issuance of a Section 404 permit. We believe this project can be accomplished under
NWP #14, Road Crossings.
COUNTY: Lincoln
LOCATION: Bridge #112 Lincoln, SR 1110
STREAM: Tributary to Little Indian Creek
DESCRIPTION: Replace existing 20' long x 20' wide timber bridge with two lines of
128"x83" CMPA. Class WS-II waters involved. No troutwatcrs,
wetlands, nor HQW involved. Less than 200 CY of fill material
below normal highwater.
With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission, US Fish & Wildlife Service, and State Historic Preservation Office, and NCDENR.
We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction and every effort will
be made to complete work in a timely manner.
Our personnel are available to assist with your evaluation of this project, if necessary. Should you
have any questions, please call me at 828-466-5525.
Sincerely,
Attachment:
Daniel D. Holderman
Bridge Maintenance Supt.
cc - Mr. Ron Linville, WRC
Mr. Brian Cole, USF&WS
Mr. David Brook, SHPO
Mr. John Dorney, NCDENR
File
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #
PRE-CONSTRUCTION NOTIFICATIONS 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: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
2. MAILING ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
PROJECT LOCATION ADDRESS,( INCLUDING SUBDIVISION NAME) -
3. TELEPHONE NUMBER (HOME)
SWORK) 828466-5525
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
AND PHONE NO. #.
DANIEL D. HOLDERMAN
DIVISION 12BRIDGE MAINTENANCE ENGINEER
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: LINCOLN NEAREST TOWN OR CITY: CAT SQUARE
SPECIFIC LOCATION, (INCLUDING ROAD NUMBERS, NAMES, LANDMARKS, ETC.
BRIDGE #112, SR 1110
6. IMPACTED OR NEAREST STREAM / RIVER: TRIBUTARY TO LITTLE INDIAN CREEK
RIVER BASIN: CATAWBA RIVER
-2-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES (X) NO ( ) IF YES, EXPLAIN: WS -II
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 THE
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
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: 0.25 ACRES
(NCDOT RIGHT-OF-WAY)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NONE
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: N/A
FILLING: EXCAVATION :
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10b. (I) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED),
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (BASED ON NORMAL HIGH WATER CONTOURS FT.
WIDTH AFTER: FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT,
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHERS:
-3-
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THJE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS : 8 ''/z: X 1 I" DRAWINGS ONLY:
REPLACE EXISTING 20'X20' TIMBER BRIDGE WITH 2 LINES OF 128"X83" CNIPA
(50' LONG). TRACKHOE TO BE USED TO REMOVE EXISTING BRIDGE, BED
AND SET PROPOSED PIPE, AND PLACE RIPRAP AT ENDS OF PIPES.
13. PURPOSE OF PROPOSED WORK: REPLACE DETERIORATED AND STRUCTURALLY
DEFICIENT BRIDGE.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE AND MEASURES TAKEN TO MINIMIZE WETLAND)
N/A
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /
OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA
THAT MAY BE THE PROPOSED PROJECT. DATE CONTACTED : COPY SENT 6/22/00
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES
IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: COPY SENT 6/22/00
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 (X)
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARING HOUSE 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 NO. 919-733-6369
-4-
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITIES INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18,
21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I" = 50'
OR F'= 100' OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY.
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 ATE
AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.)
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
F.?WA .
A &14- 07A
NCDENR
July 21, 2000
Mr. Daniel D. Holderman, Bridge Maintenance Supervisor
Bridge Maintenance Unit
North Carolina Department of Transportation
1296 Prison Camp Road
Newton, North Carolina, 28658
Dear Mr. Holderman:
Re: Permit Application for Lincoln County, Bridge No. 112, SR 1110
DWQ No. 000894
The Division of Water Quality has reviewed ycer subrnittal,for a 401 Water Quality Certification
for the aforementioned project. Review of your application revealed it lacking necessary
information required for making an informed permit decision. The permit application was
deficient in the following areas:
The application incorrectly stated that no "High Quality Waters" (HQWs) were involved.
The water quality classification of "WS-II" automatically carries a supplemental
classification of HQW. Hazardous spill catch basins will be required in the design.
The DWQ requests that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and
construction of the project. This would apply for any area that drains to streams having WS
(Water Supply), ORW (Outstanding Resource Water), HQW (High Quality Water), SA
(Shellfish Water) or Tr (Trout Water) classifications. The tributary to Little Indian Creek
falls under this category.
Condition 6 of the 401 Water Quality Certification corresponding to Nationwide 14, carries
the requirement that flood plain culverts must be provided to "maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of stream or wetlands" if the project is located in a FEMA floodplain. Please
review your plans to ensure that this requirement is satisfied.
Therefore, pursuant to 15A NCAC 2h .0507(a)(4), we will have to place the permit application
on hold until we are supplied the necessary information. Furthermore, until the information is
received by the NC Division of Water Quality, we request (by copy of this letter) that the US
Army Corps of Engineers place the permit application on hold.
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Hopefully, we can work together to expedite the processing of your permit application. If you
have any questions or require additional information, please contact Cynthia F. Van Der Wiele at
919.733.5715.
Sincerely,
John R. Dorney
Water Quality Certification Program
pc: Mike Parker, DWQ Asheville Regional Office
Steve Lund, Asheville Field Office, USACE
Central Files
IF INCORRECT RETURN TO
NC DEPARTMENT OF TRANSPORTATION
DIVISION 12 OFFICE
7044805400
WARRANT NO. 5649
INVOICE NUMBER
07072000
Detach Stub Before Depositing
DATE 07/05/2000
INVOICE DATE INVOICE AMOUNT NET AMOUNT
07/05/2000 $200.00 $200.00
i
000891
TOTAL
$200.00
- $200.001