HomeMy WebLinkAbout20021855 Ver 1_Complete File_20021127Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 6, 2003
DWQ No. 021855
Edgecombe County
Mr. James Trogdon, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Re: Edgecombe County, Replacement of Bridge No. 58 over an unnamed tributary to Cokey Swamp on SR 1006
UT Cokey Swamp [28-83-3; C NSW]
APPROVAL of TAR-PAMLICO BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Trogdon,
You have our approval, in accordance with the attached conditions, to impact 5320 square feet of protected riparian
buffers for the purpose of replacing of.Bridge No. 58 over an unnamed tributary to Cokey Swamp on SR 1006. The
project shall be constructed according to your application dated November 21, 2002 and any conditions listed below.
This approval shall act as your Authorization Certificate as required within the Tar-Pamlico Area Protection Rules
(15A NCAC 2B .0259). In addition, you should get any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control.
This approval is only valid for the purpose and design that you described in your application dated November 21, 2002.
If you change your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for
complying with all conditions. For this approval to be valid, you must follow the conditions listed below.
1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers.
2. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This authorization and its conditions are final and binding unless you ask for a hearing.
?4COENR
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
F \NATF Michael F. Easley, Governor
?D?O 19 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7 Alan W. Klimek, P.E. Director
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives" determination
required in 15A NCAC 2B .0233(8). If you have any questions, please contact John Hennessy at 919-733-5694.
cc: US Army Corps of Engineers Washington
DWQ Raleigh Regional Office
File Copy
Central Files
C:\ncdot\SR 1006\wqc\021855 buffer authorization.doc
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
Sincerely,
I + d.x STn7F o-
4a? A?
V
021855
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
DIVISION 4
November 21, 2002
Mr. Mike Bell
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(One Copy)
Mr. John Hennessy
Wetlands/401 Unit
NC DENR Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
(Seven Copies)
NOV 720
SUBJECT: Edgecombe County, Replacement of Bridge 58 (SR 1006) over an
Unnamed Tributary to Cokey Swamp
Dear Sirs:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
58. The bridge will be replaced with a similar bridge in the same location with an offsite
detour. The original plan to replace the bridge with 3@10'x7' box culverts was revised
by the Hydraulics Unit to minimize environmental concerns. As revised this activity will
result in temporary impacts to 600 square feet of stream during replacement. The new
bridge will be six feet wider based on current design standards but completely spans the
jurisdictional area. No wetlands are present at the site. No new permanent impacts to
Waters of the US will result from the project. This project will not have an adverse
impact on federally protected species. Historic compliance work to be scheduled and
concurrence with HPO will be obtained if required.
This application is intended as written notification to the NC Division of Water Quality
of proposed buffer impacts. John Hennessy visited the site on November 12`''. Bridges
are listed as an allowable use in the Tar-Pam Buffer Rules with no explicit minimum
Post Office Box 3165, Wilson, North.Carolina 27895-3165
Phone(252)6237-6164 Fax(252)234-6164
R
buf . This activity will result in temporary impacts to
5320 square feet of buffer during replacement. he wide ' will result in 462 additiona
e eet of impervious surface in t e uffer. No ap ica ion ee accompanies this
request as only Buffer Rule approval is sought in writing. Impacts from this project will
be further mitigated by strict adherence to the appropriate Best Management Practices to
prevent sedimentation and preserve water quality.
If you have any questions or need any additional information I can be reached at (252)
237-6164. Your time and effort are appreciated.
Sincerely,
?J
Mr. James F. Shern
Division Environmental Officer
ecc: Mr. James H. Trogdon III, P.E. Division Engineer, Division 4
Mr. Jimmy Marler, Bridge Maintenance Engineer, Division 4
Mr. Bryant Bunn, P. E., NCDOT Division Maintenance Engineer
Mr. Bobby Lewis, County Maintenance Engineer, Edgecombe
Mr. Franz Enders, District 1 Environmental Coordinator
Mr. Billy Butler, Area Roadside Field Operations Engineer
Mr. Randy Boyd, Hydraulics Unit
Ms. Renee Gledhill-Early, State Historic Preservation Office
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IV Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 021855
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing ?
1. Check all of the approval(s) requested for this project: ReAhe?Wales1.--,
® Section 404 Permit ® Riparian or a rs? Section 10 Permit ? Isolated W Ian. DW
? 401 Water Quality Certification _CT aN
2. Nationwide, Regional or General Permit Number(s) Requested: 404(f), NWP 3, or GP 31
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? no additional fill - deemed to comply, 3376, or 3375
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
s
1. Owner/Applicant Information
Name: Division 4 - NCDOT
Mailing Address:
Telephone Number:
E-mail Address: -
Fax Number:
2. Agent/Consultant 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: Jamie Shern
Company Affiliation: Division 4 Environmental Officer
Mailing Address: PO Box 3165
Wilson, NC 27895-3165
Telephone Number: 252 237-6164 x2311
E-mail Address:
Fax Number: 252 234-6174
Page 5 of 1313
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: Bridge 58 on SR 1006 over UT to Cokey Swamp
2. T.I.P. Project Number or State Project Number (NCDOT Only): secondary road
maintenance protect
3. Property Identification Number (Tax PIN):
4. Location
County: Edgecombe Nearest Town: Sharpsburg
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):
1135 on SR 1006 _
Just west of intersection with SR
5. Site coordinates, if available (UTM or Lat/Long): 38.8737 N, 77.7643 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. Property size (acres):
0.15 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Cokey Swamp
8. River Basin: TAR
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: agriculture, pasture, residential, woodland
Page 6 of 1313
10. Describe the overall project in detail, including the type of equipment to be used: Replace
an existing bridge in place with offsite detour.
11. Explain the purpose of the proposed work: Replace old bridge
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.
NA
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.
NA
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 1313
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. Provide a written description of the proposed impacts: Temporary impacts resulting
from in-kind bridge replacement The new bridge and bents will be similar to the old bridge
except the new bridge will be 6 feet wider based on current design standards. Therefore the
new bridge will have 120 additional square feet of decking over jurisdictional waters of the
US. No wetlands are present at the site.
2. Individually list wetland impacts below:
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***
.Y:a...1 a... ..... ..1.n..:-ink nIParI- nraA;- fill
* List each impact separately and identity temporary impacts. tmpacLb HIUMUc, Uu. alc uv= .n=. u.. ._..,.,=,a....? ... 11 b b= ---
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 http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 shading 6 UT to Cokey Swamp 20 Solid blue line
1:....:a..A tn. n,.1..e .rt? a.,A a r:atPA rin-ran
* List each impact separately and identity temporary Impacu. 1111pac1b nlcluuc, Uu. aw ..v= _____?_?.. ..••?.•, .. . -r,
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.
0
Page 8 of 1313
** 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 6
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA
rv_ _. 1..ae w..r ro r l; mitaA t, fill excavntinn_ dredging.
List each impact separately ano iaenttry tempurary 1111paNA. Impa-
flooding, drainage, bulkheads, etc.
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): E] uplands [] stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
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 surtace 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.
Revised from the original plan. Hydraulics initially requested 3 (ab, 10'x7' reinforced
concrete box culverts Bridge design modified to l(a),50'-1(ir),30' pre-stressed cored slab to avoid
a permanent discharge to waters.
Page 9 of 1313
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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)
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.
No further mitigation is required for this project. Bridges are an allowable use per Tar-
Pam Rules.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
Page 10 of 1313
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 ® Meets criteria to use the NCDOT Minimum Criteria Checklist
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 (required by DWQ)
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 "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.
Impact Required
Zone* (square feet) Multiplier Mitigation
Page I 1 of 1313
1 4000 temp 3
2 1320 temp 1.5
Total
* Zone 1 extends out Su teet perpenaicuiar from near oanK ul uiwniry [.unc L cucuua all
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Not required
XI. Stormwater (required by DWQ)
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.
462 additional square feet of impervious surface will be added to the buffer area as a result of
bridge widening No deck drains over the stream.
XII. Sewage Disposal (required by DWQ)
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 (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or.sequencing that may impose limits on
Page 12 of 13 13
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).
The bridge is scheduled to be replaced in January 2003.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 1313