20010718 Ver 1_Complete File_20010510

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O 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 22, 2001
DWQ# 01-0718
Hyde County
Kristen Shacochis
North Carolina Department of Transportation
P.O. Box 850
Edenton, NC, 27932
APPROVAL of 401 Water Quality Certification and Tar-Pamlico River Buffer Rules
Dear Ms. Shacochis:
You have our approval, in accordance with the attached conditions, to stabilize 1050 feet of canal shoreline along
Landing Road (SR 1136) in Hyde County, as described in your application received by the Division of Water Quality on May
10, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3258. This Certification allows you to use Nationwide Permit Number 13, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands when it is issued by the U.S. Army Corps of Engineers. This approval is also
valid for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If youichange your
project, you must notify us in W iting and you may be required to send us a new application for a new certification. If the
property is sold, the new ownep must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification.
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, P.O. Box 27447, Raleigh,
N.C. 27611-7447. 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 and the Tar-
Pamlico Buffer Rules. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at 252-
946-6481 or Cyndi Karoly in Raleigh at 919-733-9721.
Sinaerely.
D4?,v
Stevens
Attachment
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Central Files
File Copy
010718
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)
.... .... /.........H.....1../
rl.l1 'O -0O 1-1 --- % non 100 COnn /4-1 ..... --
MEMORANDUM
TO: John Dorney Regional Contact: Tom Steffens
Non-Discharge Branch WO Supervisor: Bager Thorpe -
Date: _
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1136 County Hyde
Project Number 01 0718 County2
Recvd From DOT Region Washington
Received Date 5110101 Recvd By Region
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
TPBR F__ P7 -@N ?- 29-49 s ORW 30,307. F ?-
Y N 1 `, F
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y QQ N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/COnd 0 Deny
Provided by Region: Latitude (ddmmss) 352420 Longitude (ddmmss) 761959
Comments:
Received WaRO 21 May01. Site visit by TASteffens on 14 June01 _ Recommend Issue with no
conditions,
cc: Regional Office
Central Office Page Number 1
,YJ A STA7[
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
May 7. 2001
Department of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621 010718
ATTENTION: Mr. John Hennessy, DWQ Representative
SUBJECT: Request for Authorization of shoreline stabilization on SR 1136 (Landing
Road) in Hyde County within the Tar-Pamlico Buffer
The North Carolina Department of Transportation proposes to stabilize 1050 feet
of the canal shoreline along Landing Road (SR 1136) with Class B rip-rap. The purpose
of this project is to stabilize the eroding shoreline that is the road shoulder to SR 1136.
This shoreline has been eroding due to wind tides about one foot per year. The rip-rap
will extend an average of 7.65 feet (maximum of 8.25 feet) from the shoreline and will
require about 247.3 cubic yards of stone to be placed below water level. Shoulder
construction will include rip-rap placed approximately one foot above high water level
and about 180 cubic yards of sand from one foot above high water level to existing
shoulder. Filter fabric will be placed between the rip-rap and the soil layer and the
shoulder will be planted with centipede grass.
Since this project is within the Tar-Pamilco watershed, NC DOT is requesting
authorization from DWQ for shoreline along SR 1136. I have enclosed a vicinity map,
plat drawings pictures of the site, and a check to cover all permit costs. If you have any
questions about this project, please contact me immediately.
Sincerely,
Don Conner, PE
Division Engineer-Division One
iv!E
Kristen Shacochis P AY
Division Environmental Officer ` LCL'1VLD
P.O. Box 850, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
Cc: Mr. David Cox, NCWRC
Ms. Sarah Winslow, NCDMF
Mr. Ron Sechler, NMFS
Mr. Tom McCartney, USFWS
Mr. Sterling Baker, NCDOT
Mr. Nfichael Bell, ACOE
P.O. Box 850, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
Office Use Only: Fonn Vcrsion April 2001
t???llc
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit
F-I Section 10 Permit
F-I 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: El
II. Applicant Information
1. Owner/Applicant Information
Name: Kristen Shacochis, NC DOT Division Environmental Officer
Mailing Address: P.O. 850 Edenton NC 27932
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Kshacochis(a-dot.state.ne.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page I of 1 I
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Shoreline Stablization of SR 1136 in Hyde County
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Hyde County Nearest Town: Swan Quarter
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
SR 1136 (Landin2Road) at the marina. Project will be from the dock on the north side
of the road to 1050 feet east.
5. Site coordinates, if available (UTM or Lat/Long): N 35 24.352, Long 76 17.826
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.) the waterbody is parallel to the road
6. Describe the existing land use or condition of the site at the time of this application: The
road leads to a marina. Existinb broken concrete, a dock, and a road shoulder are the
man-made objects in the project area.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Swan Quarter Bay
9. River Basin: Tar-Pamlico Watershed
Page 2 of l 1
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.ne.us/adrnin/maps/.)
Describe the purpose of the proposed work:1050 feet of shoreline stabilization of a
canalbank/ road shoulder . This road shoulder is eroding about a foot a vear due to
wind tides. NC DOT proposes to extend the rip rap 7.65 feet from the shoreline (247.3
cubic yards of stone) below water level. Soil will be placed 1 foot above water level to
create a road shoulder. Filter fabric will be placed between rip rap and soil for soil
stabilization. Shoulder will be planted with centipede brass.
10. List the type of equipment to be used to construct the project: a backhoe, excavator,
dumptrucks, and a front end loader
11. Describe the land use in the vicinity of this project: commercial marina
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The other permit to be obtained is a CAMA major permit from the Washington Office
(sent 4/24/01)
V. Future-Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: none
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
Page 3 of 11
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding. ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.2ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, ctc.)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Site
Number I
(indicate on map)
Type o;
Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
"Project Location" I Rip-rap 1050 CANAL 22 Perennial

I
I

* List each impact separately and identity temporary impacts. impacts mciuae, but are not i nmtcu to: culverts and ussoctatcu rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and nest loss/gain),
Page 4 of 11
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name. list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-500-353-9616, or online at
www.usgs.gov. Several intcmet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.mapgticst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbodv
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

List each impact separately and identity temporary impacts. impacts include, but are not limited to: nu, excavation, arcogtng,
flooding, drainage, bulkheads, etc.
4. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): [] uplands ? stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
NC DOT cannot repair the road shoulder and stabilize the canal bank without impacting
the canal The road shoulder must be repaired and stabilized for road safety reasons, tides
and previous storms have damabed mucli< of this canal bank and there is less than 2 feet of
Page 5 of I l
road shoulder in some areas. Rip rap is the preferred stabilization technique because of
the steepness of the canal bank. In order to revecletate the area, the slope would need to be
flatter. This is unfeasible because the impact to this "Public Trust" AEC (CANIA
jurisdiction) would cause it to be unaccessable to small boats, and it is one of the primary
canals in the network of canals that surround the Swan Ouarter area.
VIII. 1liti ration
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values. preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DN Q to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwet]ands/strm,gide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
Page 6 of 11
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement. etc.), and a description
of the current site conditions and proposed method of construction. Please attach a separate
sheet if more space is needed.
Mitigation is not required for this project.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/AVetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/,,vm/index.litm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): zero
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes [_? No ?
Page 7 of I 1
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes F? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Tar-Pamlico)?
Yes ® No F? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1050 3 None
2 1.5
Total
Lone I extends out su tcct perpentnctuar from near oanK or cnannci; Lone z extends an
additional 20 feet from the edge of Zone I.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Consen-ation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Page 8 of I l
Presently, 1.45 acres of paved road adjacent to the project area. No stormwater controls
will be used other than what is already present.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0-500) or any Buffer Rules?
Yes F-I No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes. dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
There are no known limitations to this project.
Mav 7, 2001
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of I I
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