20050394 Ver 1_Complete File_20050318

WgTF micnaei r. tasiey, uovernor
O 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C? Alan W. Klimek, P.E. Director
Division of Water Quality
O 'C
March 18, 2005
Dare County
DWQ Project No. 050394
APPROVAL of 401 Water Quality Certification
Mr. Anthony W. Roper, P.E.
Division 1 Engineer
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Roper:
You have our approval, in accordance with the attached conditions and those listed below, to place 225 square feet
of rip rap in an unnamed stream designated as Public Trust and Estuarine Waters for the purpose of shoulder
stabilization of SR 1208 (Tillett Road) in Dare County. The project shall be constructed in accordance with your
application dated received February 2, 2005. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3495. This certification corresponds to the Nationwide
Permit 13 issued by the Corps of Engineers. 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 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) 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.
2.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
3.) The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
4.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
5.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
6.) The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
rRn.-et,r
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
7.) All work shall be performed during low or normal flow conditions.
8.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
9.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
10.) Prior to any construction activities, two copies of the final construction drawings shall be furnished to NCDWQ
prior to the pre-construction meeting. Written notification shall be provided to the Division of Water Quality if
the final construction drawings do not comply with the permit drawings contained and approved in the
application submitted by DOT and dated January 25, 2005 (dated received February 2, 2005). Any deviations
from the approved drawings are not authorized unless a modification request is submitted to, and approved by,
the NC Division of Water Quality.
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 that 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'tSection 401 of the Clean Water Act. If you
have any questions, please contact Nicole Thomson at 919-715-3415.
' cer y,
G
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers Washington Regulatory Field Office
Mr. Clay Willis, Division 1 Environmental Officer, 113 Airport Drive, Suite 100, Edenton, NC
27932
NCDWQ Washington Regional Office
File Copy
Central Files
c:\Correspondence\2005 SR Projects\DWQ050394\031405wgc.doc
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
January 25, 2005
Division of Water Quality
?J C
401/Wetlands Unit I ) ?aA'1t
1650 Mail Service Center1 /
Raleigh, N.C. 27699-1650 AJ
Attention: Nicole Thomson
Subject: Courtesy notification for requested GP I l from the Division of Coastal Management (DCM).
The North Carolina Department of Transportation is requesting a reissue of a GP 11 permit for
shoulder stabilization on SR 1208 (Tillett Road) in Dare County located in the town of Kitty Hawk. The
shoulder stabilization will occur in waters designated as Public Trust and Estuarine Waters by DCM. The
shoulder stabilization is necessary due to the erosion causing a safety hazard and compromising the road.
The DCM MP-1 and MP-2 application forms, vicinity maps, and permit drawings are included with this
letter. If you need any additional information or have any questions concerning this project please call me
at 252-482-7977.
Sincerely,
Cc: Bill Biddlecome, USACOE
Lynn Mathis, DCM
Anthony Roper
Division One Engineer
Clay Willis CbA?, Wx%)
Division One Environmental Officer
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Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name N. C. Department of Transportation
Address 113 Airport Road
City Edenton
Zip 27932
Fax [phone]
State N.C.
Day Phone [phone]
b. City, town, community or landmark
Kitty Hawk
c. Street address or secondary road number
SR 1208
d. Is proposed work within city limits or planning
jurisdiction? X Yes - No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Albemarle Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name Clay Willis, Environmental Officer
Address 113 Airport Road
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Stabilize SR 1208 by Dlacine tvDe 2 AD-rap alone
the shoulder. no wider than 5' from the bank.
City Edenton State N.C.
Zip 27932 Day Phone [phone]
Fax [phone]
c. Project name (if any) Shoulder Stabilization along
SR 1208 (Tillett Road)
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Dare
b. Is the proposed activity maintenance of an existing
project, new work, or both? Maintenance
c. Will the project be for public, private or commercial
use? public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. The purpose of this project is to
stabilize the existing SR 1208 by placing rip-rap
along the shoulders. The rip-rap will not
extended farther than 5' from the existing bank
of the road. The proposed project will less than
500' in total length. The work will be done using
an excavator and a backhoe.
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract The total impacted area is 348
square feet.
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL 4 feet
d. Soil type(s) and texture(s) of tract
(OsA) Osier, (FrD) Fripp, (CuA) Currituck
e. Vegetation on tract Various roadside grasses such
as fescue and panic grass. Salt Grass & Black
Needlerush adjacent to bank.
f. Man-made features now on tract SR 1208, (2) 36' x
40'
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
NCDOT right-of-way
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? No
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) Surface runoff
from SR 1208
o. Describe existing drinking water supply source.
None
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
*A Stormwater Certification, if one is necessary.
IDA list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
Form DCM-MP-1
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Burvell G Beacham
Address 79 Pagoda St.
Milton Ma. 02186
Phone
Name Karen W. Walker
Address 1326 W. Kitty Hawk Road
Kitty Hawk NC 27949
Phone
Name Frances H. M. Akers
Address P.O. Box 1327
Kitty Hawk NC 27949
Phone
Name Tonv Wavland Tillett
Address 3926 Poor Ridge Road
Kittv Hawk NC 27949
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program. I
certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 26th day of January , 20 05
Print Name Clay Willis
Signature ,/
Landowner or ut ri ed Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
30' 5' 4' 4'
1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes - No
d. High ground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL N/A
(See Attachment)
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? _ Yes _ No
If yes, where?
Q
FEB 0 2 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead X Riprap
b. Length 30 feet
c. Average distance waterward of MHW or NWL
4 feet
d. Maximum distance waterward of MHW or NWL
5 feet
e.
f. Type of bulkhead or riprap material The material
will be type `2' rip-rap.
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap 44.4 Cubic Yards
(2) Bulkhead backfill
h. Type of fill material Type `2' stone
i. Source of fill material Rip-rap supplier
4. OTHER FILL ACTIVITIES N/A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Using NCDOT Best
Management Practices and guidelines for
sediment and erosion control.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Dump trucks, backhoes, excavators, bulldozers
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
Clav Willis. Environmental Officer
Applicant or Project Name
(&.' -L&
Signaterre
I /3(/ o.<-
Date
Shoreline erosion during preceding 12 months
8-12 inches of the road shoulder have lost in
the last year
(Source of information)
Revised 03/95
c< 6 11 ''
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