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HomeMy WebLinkAboutNCDOT 177-83 SR 1561 Bekkie Creek •Permit Class ermit Numb r ' STATE OF NORTH CAROLINA 177-83 ' New Department of Natural Resources and Community Development / and / Coastal Resources Commission RECEIVED ; , 1 trinit , for e NOV 14 1983 / I X 1 Major Development in an Area of Environmental ' / Concern pursuant to NCGS 113A-1 18 x I Excavation and/or filling pursuant to NCGS 113-229 • • Issued N.C. Dept. of Transportation, Div. of Highways, P. 0. Box 25201, Raleigh, NC 2761 • authorizing development in Pender County at Bekkie Creek (SR 1561 crossing near / ' Vista) 5/20/83 includingas requested in the permittee's application dated• attached plats, 1-2 of 2 dated received 5/26/83. / • This permit, issued on November 2. 1983 , is subject to compliance with the application (where consistent , with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject , permittee to a fine,imprisonment or civil action;or may cause the permit to be null and void. 1) Because the project site is classified as an "A—Zone" on the flood insurance emergency maps, the final design capacity of the culvert system must be capable of meeting or exceeding the 100 year storm event. (Please advise OCM on the final design capacity.) / / / 2) The culvert bottoms must be installed at a depth sufficient to allow the unimpeded passage of water. / / / Note: In order to preclude a possible impediment to fish migration, the Division of Highways is strongly urged to install culverts below natural stream bottom to greatest extent practicable. / / Note: The Division of Highways is requested to establish a routine inspection/ maintenance program on culverts of this nature to assure unimpeded water flow. / NOTE: A Section 401 Water Quality Certification is being processed for this / / project by the Division of Environmental Management. / / / / / / This ermit action maybe appealed bythepermittee Signed bythe authorityof the Secretaryof DNRCD and ' A PP 8 ' or other qualified persons within twenty (20) days of the the Chairman of the Coastal Resources Commission. ' ' issuing date. An appeal requires resolution prior to work • initiation or continuance,as the case may be. This permit must be accessible on site to Department -K L.� . ..LE_,, personnel when the project is inspected for compliance. , / Any maintenance work or project modification Kenneth D. Stewart, Director not covered hereunder requires further Departmental Office of Coastal Management approval. / All work must cease when the permit expires on This permit and its conditions are hereby accepted. / DPrPmhQr 31. 19R6 / In issuing this permit, the State of North Carolina ' / agrees that your project is consistent with the North / , Carolina Coastal Management Program. Signature of Permittee , . . . . S. . S. . . . . . . . . . . . . . S. . OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT AlIlk Kenneth D. Stewart Resources &Community Development Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733-2293 f-- September 7, 1983 RECEI'VED SEP 21 15r33 4E-1' Mr. Kenneth D. Stewart, Director �. Office of Coastal Management - Raleigh, North Carolina 27611 Dear Mr. Stewart: The attached copy of an application submitted by: North Carolina Department of Transportation Applicant' s Name Bekkie Creek Pender County Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit. . . for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than September 9, 1983 . en„)tW ""• S erely, John R. arker, Jr. Permit Coordinator JRP:bli:2480 P.0. Box 27687 Raleigh,N. C.27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . signed date er OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Applicant ' s name North Carolina Department of Transportation 2 . Location of project site Bekkie Creek (Mullet Run Creek) S.R. 1561 - Pender County, North Carolina -- No Photo 3. Investigation type: Dredge & Fill X CAMA ---- 4. Investigative procedure: (A) Dates of site visit 8-5-83 8-30-83 (B) Was applicant present No No 5. Processing procedure: Application received Complete 8-26-83 Office Wilmington 6. Site description: (A) Local Land Use Plan Pender County Land classification from LUP Conservation Development constraints identified in LUP (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands X Public trust waters X Estuarine waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public X Private Commercial (E) Type of waste water treatment: Existing N/A Planned N/A (F) Type of structures: Existing Bridge Planned 3 - culverts with fill (G) Estimated annual rate of erosion N/A Source ---- 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other Spartina alterniflora .100 s.f. Juncus romerianus 100 s.f. (B) Non-vegetated wetlands: Muck out for culverts Approx. 2080 s.f. Culverts with backfill Approx. 2050 s.f. (C) Other: Mixed marsh located Approx. 39 acres above project site _. (D) Total area disturbed: Approx. 2080 s.f. Approx. 2Q80 c_f_ Apprnx_ 3Q acres 8. Project summary The applicant proposes to replace an existin, bridge with 3 culverts held in place with fill material . roject narrative - The Project site is on S.R. 1561 at Bekkie Creek (Mullet Run Creek) a tributary of Virginia Creek located in Pender County, North Carolina. The area upstream of the existing bridge is a tidal area vegetated by smooth cord grass (Spartina alterniflora) ; Black needlerush (Juncus romerianus) , and giant cord grass (Spartina cynosuroides) . Approximately 39 acres of marsh are located upstream of the bridge. The area downstream of the structure is vegetated by smooth cord grass and black needlerush. The area is closed to shellfishing due to pollution. However, there is a marked lease area just downstream of the bridge and the entire basin is a designated primary nursery area by the Division of Marine Fisheries. This creek basin is shown on the Pender County Emergency Flood Maps as an A-zone which indicates the creek is a 100 year storm floodway. No apparent public navigation occurs in the stream above the bridge. The applicant proposes to remove the existing bridge. This will be followed by the removal of approximately 450 cu. yds. of sand and muck from an area approximately 40' long x 52' wide. Following this operation, three (3) 142" x 91 " corregated steel pipe arches will be placed parallel to the stream bed and then approximately 330 cu. yds. of backfill material will be utilized to stabilize the pipes. The bottom of the arches will be approximately 4.5' below the mean low tide contour (Elev. 496.0). 10. Anticipated impacts - If the pipe arches impede the flow appreciably, there could be a resulting adverse impact on the 39 acres of marsh upstream. The free interchange of water through these pipes is also important to allow commercially important juvenile species access to the entire nursery area. The replacement structures, if not properly designed, could have an impact on flooding in this streamway. Submitted by C. Robert Stroud, Jr. Office Wilmington Date 09-07-83 Re: Application for a State Permit -NCDOT-Pender County The placement of culverts in this stream, to me, represents a potential for the disruption of water flow with a resulting impact on coastal wetlands and marine resources. It may be that my concerns are groundless in fact, however, I am still concerned. The response to my request for justification from DOT is based primarily on cost of bridge replacement versus culvert substitution. The response to the question of flow impedance is not supported with factual information. I have observed on several occasions in the past new construction on DOT projects failing due to the inability of culverts to carry the flow of a less than 100 year storm event. Since this stream is classified as an "A-Zone" by the flood insurance emergency maps, we would expect that 100 year storm events would occur with greater frequency than is the general case. If the corregated steel pipe arches are designed for only 25 year or 50 year storm events as has been the case in the past, failure of the road system may result. If this project is found to have overriding public benefits my recommendation for conditions are as follows : 1 . The final design capacity of the culvert replacement must meet or exceed the expected 100 year storm event. This must be certified to the Office of Coastal Management. 2. The culvert bottoms must be installed at a depth sufficient to allow for the unimpeded passage of water. NOTE. Routine maintenance including periodic inspection and cleaning of these culverts should be instituted in order to ensure adequate interchange. Addendum: This bridge replacement has been categorically excluded from the federal permit program. • • .L* • . .. 0 MA'Y Z4 19R1 STATE OF NORTH CAROLINA COASTAL RESOURCES CUR. DEPARTMENT OF TRANSPORTATION RALEIGH 27611 JAMES-B.HUNT,JR. . . - May 23, 1983 WILLIAM R. ROBERSON.JR. GOVERNOR SECRETARY District Engineer U. S. Army Corps of Engineers 1/&it: -,\).' P. 0. Box 1890 Wilmington, North Carolina 28402 ,.,eQ,, �e f - ATTENTION: Regulatory Functions Branch " � ���Ni- �1G�• Dear Sir: p FICE Q,Nvo, n, C. SUBJECT: Replacement of Bridge No. 114 on SR 1561 Over Bekkie Creek, Pender County, N. C. The North Carolina Department of Transportation - Division of Highways makes application for a Section 404 and State Permits as required for the subject work. The permit application is for replacing a bridge on SR 1561 over Bekkie Creek. Attached are three copies of the permit application and three copies each of drawings depicting proposed work. Application is being made, by copy of this letter , for permits required from the North Carolina Department of Natural Resources and Community Development. If you have any questions , please give me a call at 733- 3141 . Sincerely, T. L . Waters, P. E . MANAGER OF PLANNING f, RESEARCH TLW/BJO/jcr Attachments cc : Mr. John Parker Mr. Robert Helms Mr. A. L. Hankins , Jr. Mr. Jimmy Lee • • • APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT apartment of Administration State of North Carolina Department of the Army ,GS 146.12) Department of Natural Resources and Community Development Corps of Engineers,Wilmington Distric (GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable,so indicate by placing N/A in blank. Attn: Mr. T. L. Waters , P. E . , Manager of Planning & Research I. Applicant Information N. C. Dept. of Transportation - Division of Highways A. Name B. Address P. 0. Box 2 5 2 Qsi First Middle Street P O. Box or Route Raleigh, North Carolina 2/611 (919) 733-3141 City or Town State Zip Code Phone II. Location of Proposed Project: A. County Fender B. 1. City, town,community or landmark Vista 2. Is proposed work within city limits? Yes No C. Creek,river, sound or bay upon which project is located or nearest named body of water to project Bekkie Creek III. Description of Project Replacement Existing Bridge A. I. Maintenance of existing project 2. New work 8. Purpose of excavation or fill No. 114 1. Access channel length width depth r- r =• ' Y 2. Boat basin length width depth kat t,s " 3. Fill area Rdwy.. Fill length,+4 0 r ,width 5 2 ' depth 5 . 5 ' 7 ; 4. Other length width depth C. 1. Bulkhead length Average distance waterward of MHW (shoreline) N/A �.ONSI L MG�� 2. Type of bulkhead construction (material) /A Ut �• Yflt"C°44 It D. Excavated material (total for project) Sand and Muck 1. Cubic yards 4 5 0 2. Type of material E. Fill material to be placed below MHW(see also VI. A) 1. Cubic yards 330 2. Type of material Suitable Backfill Material IV. Land Type,Disposal Area,and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes. X No - B. Does the disposal area include any marshland, swamps or other wetland? Yes No X C. Disposal Area Selected Site Above Wetlands 1. Location 2. Do you claim title to disposal area? N/A D. Fill material source if fill is to be trucked in Local Borrow Pit Above Wetlands E. How will excavated material be entrapped and erosion controlled? By Stringent Eros ion Control Methods f . I ype ul equipment to be used. Backhoe and Dumptruck r;> No G. Will marshland be crossed in transporting equipment to project site? If yes, explain v • V. interacted Use of Project Area(Describe) 'A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other Public Transportation • B. 1. Lot size(s) N/A 2. Elevation of lot(s) above mean high water N/A 3. Soil type and texture N/A 4. Type of building facilities or structures N/A 5. Sewage disposal andjor waste water treatment A. Existing N7A Planned N/A B. Describe N/A 6. Land Classification (circle one) DEVELOPED TaANS.ITIONAL COMMUNITY RURAL CONSERVATION OTHER +'e 1 an (See CAMA Local Land Use Plan Synopsis) Vl. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No�• B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes No 2. Type of discharge Storm titiater�Zuno "y 3. Location of discharge Along Project VII. Present rate of shoreline erosion(if known): None Evident VIII. List permit numbers and issue dates of previous Department of Army g Corps of Engineers or State work in project area, if applicable: Nonepermits for IX. Length of time required to complete project: 2 Months X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, 'hen 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 on his land. B. Attach an accurate work plat drawn to scale on 8''a X 11"white paper(see instruction booklet for details). Note: Original drawings preferred-only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication(G.S. 113-229 (d))Enter date served_ hfav 2 j, 1983 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Ruth A. King, Rt. 1 Box 102 , Holly Ridge , INC . 28445 John K. Klinefelter, P. O. Box 671 , Wrightsville Beach, N . C. 28480 Roberta Thompson, Rt . 1 Box I3G , Hampstead, N.C . 28443 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli• • cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction,excavation, filling,and land clearing. DATE 5/2..o Applicant's Signature Manager of Planning 4 Research \ \ . '' -------- �1p+lY SHELTER Xj1/. . \\:\:\ , GAME LAND t �yyy red r 1it &twofold". , , �_'. . i �' `: r PROaTECT SITE i ti / • a "Fs ..., jefm.., _ _ - ,, -\=.511.,,..**- _ ,, ;Waft L liat :t. ''..... 609.4A74°I;7le ' �J4.4 tit r a zi•a ;41,01/7 .: is !� LWy ldn �! v fi' `aP `� 1 �/ . . A ,.. i„) , , . ... ........,.. ., .. 0. .....„... , ........ , 7_,.., .:‘ , :.... ...,,,.........., . ,... „gt, -,••• It' is) '.I .. '� i*` - .- '.,' It7. G • ! �uu -i f C) r,} .a Aw av,.. IS! F. JAIL r //� '.,:. .4, Ce, '. /Ni 1--- \). /� �J • LMGT* c CO NSA A CE ® 46 . -di . .� o P1JECT SITE 4G- �' 421 . ' 4 fr(€ Words COMIC \\\ r t E ' N ' \\Did E F; '.. M+th Ad�ca f Sri liv VICII TY MAP FROM N.C.D.O.T. �►s® ` •—c:• , sz7 ' ,., x.,k„ FENCER CO. AMP ,.+Meow +fit; . , 4f ,` soot at, _, —.� -' rsS , . •Topsoil a..a, . 1 Castda A•i i o Nov Nosed Mist ' Hobe Scotts' EW E• . O V - Ohl Topsail hoiet Waco I M) 17 _Rpm hu+ar t v. I i� 4'A 7z1 m.,hoar ' 1'�r ' h tl� Goo-sow TemaCm* • - �:"4 ♦ t • MrowMn,hrM NC LPARTMENT OF TRANSPORTATION APRiL 1983 DIVISION CF Fa BAYS PEMDER COUNTY REPLA TT OF BR. Ills ON SR 1561 MITT / OF . SHEETS O .,R E&CE CREW . . .: . - . • . 1 , RUTH A. KING 5-Lim oirs OF HAREM RIC I BOX 102 O...1"* * si• HOLLY RIDGE, N.C. \Iii 28445 i. 0 -I. 0 ?/. C)) * # JO WOODS 0 1 k ... , BEKKIE CREEK 0 X LIMITS Of MARSH A 4Ir JL Ir ik *14. r, V ., --- — • n7"VC 2/0 Pi 70 SR 45-6•3 ...... O• 1 ..., " ,-- . ..- ...._ _ _ _........ .. —siz 14-11— // : :ft , E7 .402mr z , •gm .. __ __ , , , , __ __ __ __ _fa' dOHN K. KLINEF,ELTER y -.II :if/ , ,.4 ...• : „ ,. ... --- ROBERTA THoMPSOA P.O.BOX 67 I A V./BOX /..TO WRIGHTSVILLE BEACH,N.C. FLOOD •-•*--- ..... 245480 EBB HAMPSTEAD, N.C. DENOTES FILL BELOW 0.H.W.&j.' 28443 \ LIMITS .... 401 b ii,. 4FILL BELOW 0.H.W. 330 c.y. ii OF MARSH -z---vw•- -- TOTAL FILL 9 06 ey --- -.... • .. .....* ` ViR0 , 1 • 1 i I 1 h _ • "T. , bil--0 ,i : , , 1 . .4.47"4 ...A .ill altillil 10 I\IAG0 . yip -1.1• • --.i • MA17::::"DECE(ELEV.CC1.1\14S4:141:.OCI:ST. 111:9.-2, i! 1 IIV .4"---i- MEAN LOW TILE (ELEV'. 496.0) FI i i i 111 14S11‘ ,.: 1. ,'Jil!"1/ ' i ill — .. 1111111 111111111 1111 1111111111111111 1111 ' I.I , 1 1 1 agiumumulum MAN HIGH TIDE (ELEV. 477;9) . AP ' , 111- } i tij 1 4;i7i, • lir, 0.-.17-. i - 1 I. , _, Iri ukil i ii...... ,.. ..... , iii . ....1 e. ..... ill 4 1 111111:Us - ,,,, ;%,•4111111 • millwase 111111111111111111P.M11111111.1111111111111-4•Z./z ZW -7,,Z. ,.'4.,;:-,??2•,'.;#2,2.%.: .4•'.:::% ,ek: '..;,,1111.11111101111111111101111111,111111111111 rir 4.IGAZ INIMIIIIIMININI'4';/;•,/,. 9,./1;. ...• .,',. ,.'?;, '!.!4.!,..• .". .?1 WA'..//.11111_KIIIIIIIIIIIIIIIIMartamm asslisrausommillar '?'' %• ,.'0 ,?.•'?.. .1:e!;e,?.(4%1111.1.1111111111.111.11....-- nil --0`, ' 11111111-"'"'""""''''''' '''' '''''''' '''ia111111111111111111ffir E I..r• summissimmimmimmumm--- mmummemmomm 1111M111ME 4 Allallum11111111,--imme./11111111111111111111111111111 11111111111111111111P-4'011 11111111E.:%rnimagIMIII 111111 111110ERIMINIMMII ( -iLEVAS •.496.?) 1 • NC DEP AFIMEST OF TRANSPORTATION SCALE AS SHOWN DIVISION OF HIGHWAYS MEER =WTI REPLACE/61e OF BR. 114 ON SR 15ka SIT dt OF _& SHEETS OVEFI 1EXICES CHEEK aOROVMMOIMM.11••••••••01.1milwit....•••••••••••••••••r ns0 OFFICE OF North Carolina Department of Natural COASTAL MAh D. Stewart Ih mir Resources &Communit Development Kenneth D. Director James B. Hunt, Jr., Governor .doosech UV. Grirnsley, Secretary Telepnone 919/733-2293 ;N v Field Services Section 1 7225 Wrightsville Avenue N9563 Wilmington, N.C. 28403 (919) 256-4161 June 9, 1983 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. T. L. Waters N. Dept. Cf Transpor�.a Ipn Division o Highways P.O. Box 25201 Raleigh, North Carolina 27611 Dear Mr. Waters: This is with reference to the DOT-DOH application to replace Bridge No. 114 on S.R. 1561 over Bekkie Cree, Pender County, North Caro This particular stream is located within a primary nursery area. It is also located in a designated flood hazard area. Any action which would impede the free exchange of water and/or resources between the area of creek located to either side of S.R. 1561 will have significant adverse impacts. In addition, it appears that public navigation is possible in the existing condition. We would urge that DOT-DOH consider the repair of the existing struc- ture or replacement in kind rather than replacement by culverts. In this particular case, the potential impairment to the public resource may be more critical than occurs in most instances. In order that we may better assess the proposed project, would you please submit a justifi- cation for replacement of the existing bridge with fill and culverts. • We also require a processing fee of $25.00 in order to offset a por- tion of the cost of public advertisement. We are placing this application in our pending file until we hear from you on the above matters. If you have any questions or if we can be of any other assistance, please advise. Sincerely, CRS/jc C. Robert Stroud, Jr. cc: Preston Pate, OCM Field Consultant John Parker, OCM Steve Brown, Corps P 0. Box 27687 Raleinh,N. C 27611-7687