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HomeMy WebLinkAbout20000894 Ver 1_Complete File_20000705W AT ?RpG f O 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. ?r• .t?`Y :yr [} .(w y+Ei: .•r, ? f- i I std f.. ? ??? ?- / / K 1 --' ? ? ? ? •,? . ? ? ..ter U-, dip. Vii; ? ?' `qy'?--' ? ` '•-?= ?'t ? I i ? ? ( mss. - ) C t ??? 1 /. ` tc? y J??6 ?ti-.l V ?. ?, ,. 1 ? .tom ? k? ! ??• r `? 1 . t Y------- ?? i '` , ' I I 1 I , '1 \ \ I t\ - WORN t; ? it l• , , ? f1 / \ ?. 1 , t; 1 ` \ I I 1 T'om' ?(?. i a 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 OWNER'S / AGENT'S SIGNATURE ATE AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.) f 1 z 0 U o^ ?J ¢ u1U v?U = 0 4 V' C m dr- 3 l . o o ? -o 0 0 kaj s I N J' \ ? J 11.1 LP Vol .3 40 Z' s? F- Z l - H U .a I-N VII _?-?, - `? _ _ \ _ ?\ - ( ;? ?; ?, _ ,•;Y-? _ _ i I j ` is \ \ All _ ? - - 'IV . %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.) N i h v N r o- ja lw _ c ? .J 4 v S? in lJ O ? 2 . . o I .1. I 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