HomeMy WebLinkAbout20011902 Ver 1_Complete File_20011207r
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY.
GOVERNOR
LYNDO TIPPETT
SECRETARY
DECEMBER 5, 2001
NCDENR Division of Water Quality
John Hennessy
2321 Crabtree Blvd. l!L?: _ 7
Suite 250
Raleigh, NC 27604-2260
RE: Shoulder - Bank Restoration / US 76 / Fair Bluff / Columbus County
NCDENR WQC 3290 / USACE NWP# 3
Dear Mr. Hennessy:
Enclosed, please find two courtesy copies for a Shoulder - Bank Restoration project along US 76
in Fair Bluff, Columbus County. The project will be completed in compliance with NCDENR
Division of Water Quality General Certifications 3290, and, USACE Nationwide Permit # 3.
If you should have any questions or comments regarding this notification, please feel free to
contact me.
Sincerely,
0:" I A?4.'.s
Jame J. Rerko, PWS
Division 6 Environmental Officer
P. O. Box 1150, Fayetteville, NC 28302-1150 - Telephone (910) 486-1792 - Fax (910) 486-1959
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY W. LYNDO TIPPETT
GOVERNOR SECRETARY
December 5, 2001
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
AT'TN: Mr. Richard Spencer
NCDOT Coordinator
Dear Mr. Spencer:
Subject: Notification for Nationwide Permits 3
Maintenance / US 76 / Fair Bluff / Columbus County
The North Carolina Department of Transportation (NCDOT) proposes to repair a roadway
shoulder section along US 76 in Columbus County. The Lumber River is located parallel to US
76, and, within that area severe erosion has taken place. At the current time, the roadway should
is less than four (4) feet wide and does not meet current safety standards. NCDOT proposes to
widen the shoulder to eight (8) feet and reestablish a 2:1 slope along the bank for stability. Once
the 2 : 1 slope is established, Geotextile Fabric will be placed with a rip-rap stone overlay. The
total project length is 90 linear feet.
At first, I was concerned that NCDOT should place live stakings between the rip-rap to allow for
a stabilized vegetated slope. But, upon second review it was determined that that would reduce
the safe sight distance at the corner of US 76 and NC 904. Brian Strong of the Parks and
Recreation Division had the second concern. Mr. Strong requested that there be a wildlife
passage, free of rip-rap stone, between the stone and the Lumber River. A valid point, but, due to
the current low water levels experienced this year, the requested wildlife passage would typically
be inundated. NCDOT will attempt to preserve as much area as possible for this cause.
RESOURCE STATUS
A Wetland Delineation / Natural Resource Inventory was conducted within the Right-of-Way of
US 76 in Columbus County, North Carolina. Within the area of disturbance jurisdictional
wetlands were not observed and delineated. The eroded slope has experienced substantial
deposition of building demolition materials and yard waste.
R O. Box 1150, Fayetteville, NC 28302-1150 - Telephone (910) 486-1792- Fax (910) 486-1959
In general, there will be no resource impacts as a result of the proposed project.
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of February 26, 2001, the U.S. Fish and Wildlife Service
lists six federally protected species for Columbus County.
Federally Protected Species for Columbus County
SCIENTIFIC NAME COMMON NAME STATUS
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T (S /A)
Picoides borealis Red-cockaded E
woodpecker
Meidia extensa Waccamaw silverside T
Lysimachia asperulaejolia Rough-leaved E
loosestrife
Thalictrum cooleyi Cooley's meadowrue E
"E" denotes Endangered (a species that is in danger of extinction throughout
all or a significant portion of its range).
T(S/A)- Threatened due to similarity of appearance, a species that is threatened
Due to similarity of appearance with other rare species and is listed for its
Protection. These species are not biologically endangered or threatened and
Are not subject to Section 7 consultation.
A biological conclusion of "No Effect" was reached for all species during the September 25, 2001
survey for protected species. Protected species were not identified, nor, was the general habitat
for each species identified.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide Permit 3 as required by the
above-described activities. The project will not impact jurisdictional wetlands, or, upon the
Lumber River. The purpose of the project is to preserve the highway structure and to ensure
public safety.
If you should have any questions, or, need additional information please contact James J. Rerko,
PWS at (910) 486-1792.
cerely,
James J. Rerko, PWS
Division 6 Environmental Officer
ATTACHMENTS
CC: John Henessey (DWQ)
Tom McCartney (FWS)
Official Use Only:
USACE Action ID No.
DWQ No.
Forth Version October 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #3
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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Terry R Gibson, P E / NCDOT/Div 61Division Engineeir
Mailing Address: P.O. Box 1150
Fayetteville, NC 28302
Telephone Number: 910-486-1493 Fax Number: 910-486-1959
E-mail Address: taibson(a-dot state nc us -
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: James J. Rerko PWS
Company Affiliation: NCDOT / Div 6/ Division Environmental Officer
Mailing Address: SAME
Telephone Number: 910-486-1792 Fax Number: 910-486-1959
E-mail Address: "rerko dot.state.nc.us
Page 1 of 8
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: U.S. 76 /Fair Bluff Columbus County / Shoulder Repair
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Columbus Nearest Town: Fair Bluff
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): U.S. 76 iust south of the
intersection with NC 904
5. Site coordinates, if available (UTM or Lat/Long): 34°18'46"N 79°02'19"W
(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.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing U.S. Highway
7. Property size (acres): less than 1 acre
8. Nearest body of water (stream/river/sound/ocean/lake): Lumber River
9. River Basin: Lumber River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o enr state nc us/admin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: Repair sloped bank between US 76 and
Lumber River that has severe eroded. Ri ra stone will then be laced to stabilize
the slo a w/ eotextile fabric underla . Pro'ect len th = 90 feet
11. List the type of equipment to be used to construct the project:Trackhoe excavator
12. Describe the land use in the vicinity of this project: Urban
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.
Richard Spencer conducted a field view u on the site. Brian L. Stroh completed a review
of the project for NCDENR Parks and Recreation Division (letter included).
V. Future Project Plans
Are any future permit requests anticipated for this project? 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
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
Page 3 of 8
Wetlan=Imppact Area of
Site NType of Impact* Impact
indicatacres
N/A
Located within Distance to
100-year Floodplam Nearest Stream Type of Wetland***
fu,-c/nn) (linear feet)
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
•* 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httv://www.femaao .
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0 acre
Total area of wetland impact proposed: 0 acre
2. Stream Impacts, including all intermittent and perennial streams
Width
A
Stream Impact
Site Number
n ma
di
t
i Type of Impact* ;linear ength of
mpact
feet Stream Name** verage
Bef retrewn
Impact
e o
ca
n
N/A
in
1 d b of limited to: culv erts and associated rip-rap,
List each impact separately and identify temporary impacts. Impacts me u e, ut are n
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
•* Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.uov. Several internet sites also allow direct download and printing of USGS maps (e.g., www toyozone.com,
www mayuuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0 ft
Page 4 of 8
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water IEra pact Area of
Site NumType of Impact* Impact
indicate on acres
N/A
List each impact separately and identify temporary impw
flooding, drainage, bulkheads, etc.
Name of Waterbody
(if applicable)
Impacts include, but are not
Type of Waterbody
(lake, pond, estuary, sound,
hav_ ocean. etc.)
to:
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.): N / A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stortnwater 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.
Shoulder repair necessary to meet current safe standards.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
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 relave value of the impacted
including size and type of proposed impact and fun cteon ilty of appropriate and practicable
aquatic resource will be considered in determining p and practicable include,
mitigation as proposed. Examples of mitigation that may be appropriate p
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; an° replacing
ring similar
aquatic resource functions and values by creating, restoring,
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review t Work current
in North Carolina, a a arestorat ilable 1 at
in DWQ's Draft Technical Guide for Stream
http://h2o.enr.state.nc.us/ncwetlands/stnngide.ht .
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/line vifeet)
ew,
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan
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.
Miti ation not re aired.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http?//h2o.enr.state.nc.us/wrl)/indcx.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify
Yes ? No ® If you answered "yesprovide 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 Required
Multiplier Miti ation
s ware feet
1 3
2 1.5
Total
_ _L _?__l. 7....u 1 uv4nnr?a .Alt
Zone I extends out 3U teet perpenuicuiur uvui imm
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
,Rosis- / -fd&^6#rArt+o! Cmr&i P&4,v •s,emu Bs /.+ a Aioamlyp .*W/s
r,Fi Gee .vs rA# e_Nv ?4"S
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No 0
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).
?
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Applicant/Age*t's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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12/4/01 3:59 PM
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Boss, Jr., Secretary
November 29, 2001
James J. Rerko
Department of Transportation
P.O. Box 1150
Fayetteville, NC 28302
Subject: Bank Repair along US 76 in Fair Bluff, Columbus County, North Carolina
Lumber River
Dear Mr. Rerko:
The North Carolina Division of Parks and Recreation (Division) appreciates the
opportunity to comment on the Department of Transportation's (DOT's) project to stabilize the
eroded bank along NC 904 and 76 in Fair Bluff. The Division understands the need to stabilize
the bank along this location and agrees the project should be initiated. However, in designing the
project the Division would like to see that animal passage is maintained along this stretch of the
Lumber River. Currently, the design of the stabilization proposed by DOT places rip-rap from
the stream bank to the road shoulder. The Division would like to see bare earth left on the stream
bank to allow wildlife movement. The placement of rip-rap along the stream bank can restrict
wildlife movement and greatly curtail the passage of animals especially mammals, reptiles,
amphibians, and other ground-dwelling species. Populations may effectively become isolated
and increasingly vulnerable to local extirpation. Populations within the area may suffer some
loss of viability, since adjoining blocks of undeveloped habitat help support populations that
otherwise might not find enough living space. Typically, a 10 foot wide passage of bare earth is
necessary to allow passage of wildlife. The Division realizes that this may not be practical in this
location, however, DOT should attempt to leave some bare earth to allow wildlife passage.
Again, the Division appreciates the opportunity to supply comments to DOT, if you
have questions concerning these comments please contact me at (919) 715-8711.
Sincerely,
I. /J I tlo.
Bnan L Strong
Resource Management Specialist.
1 r,l i 1 Mail Scr,, ice C crntcr. Raleigh. North Carolina 27691)- 1001
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