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HomeMy WebLinkAbout19990458 Ver 1_COMPLETE FILE_19990504State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens 1 • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 21, 1999 Northampton County WQC 401 Project # 990458 APPROVAL of 401 Water Quality Certification Northampton County W.E. Daniels, County Manager PO Box 68 Jackson, NC 27845 Dear Mr. Daniels: You have our approval, in accordance with the attached conditions, to place fill material in 0.0041 acres of wetlands or waters for the purpose of installing a water line, as you described in your application dated May 4, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it. 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, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA 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 you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner 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. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Domey Central Files Sinc y, L rF T Stevens 990458.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper DEM ID: CORPS ACTION ID: NATIAIWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT A"? E=CONSTRUCTION NOTIFICATION APB' ' IC .ON J -14 1 FOJTI E PERMITS THAT REQUIRE: e' ISSO NOTIFICATION TO THE CORPS OF ENGINEERS , APPLICATION FOR SECTION 401 CERTIFICATION COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: Northampton County 2. MAILING ADDRESS: P.O. Box 68 CITY: Jackson STATE: SUBDIVISION NAME: NC ZIP CODE: 27845 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): NC Highway 48, Northampton County 3. TELEPHONE NUMBER (HOME): N/A (WORK): (252) 534-8011 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. W. E. Daniels, County Manager P.O. Box 68 Jackson. NC 27845 534-8011 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Northhampton NEAREST TOWN OR CITY: Gaston Q.\0507\0008AMpreconslnnl doc SPECIFIC LOCATION (INCLUDING ROAD NUMBERS, LANDMARKS, ETC.): Along NC Highway 48 from SR 1200 to the Interstate 95 Interchan 6. IMPACTED OR NEAREST STREAM/RIVER: Roanoke River RIVER BASIN: Roanoke 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-1 OR WS-11)? YES[ ] NO[X] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ X ] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ X ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [ X ] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.0041 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0041 0 \0907\0008\40\prewnstnot doc 2 10a.NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: 0.0041 FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: l0b.(1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 30 FT. AFTER: 30 FT. WIDTH BEFORE (based on normal high water contours): 6 WIDTH AFTER: 6 FT. FT. AVERAGE DEPTH BEFORE: <0.5 FT. AFTER: <0.5 FT. (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING: OTHER: Pipe will be placed 18" beneath channel bed 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Installation of water main aooroximately 18" below existins eround using standard backhoe excavation eauinment 13. PURPOSE OF PROPOSED WORK: Potable water main and force main construction Q.\0507\0003\40\preconstrun Aoc 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN T'O MINIMIZE WETLAND IMPACTS): Project is located along NCDOT right-of-way and must cross a perennial stream 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: March 1999 (See Sub-consultant Report) (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESS SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: March 1999 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ X ] NO [ ] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES[ ] NO[X] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES[ ] NO[ ] N/A IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369 Q \0507\0008AMpr constnot doc 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38. ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY. Primarily business and industrial IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO; 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS 57 NT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER' /AGENT'S SIGNATURE DATE W.E. DANIELS, COUNTY MANAGER (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) Q A0507\0008V40A1...... t-t dog McKim & Creed Attn: Tim Baldwin 5625 Dillard Road, Suite 117 Cary, NC 27511 919-233-8091 (office) 919-233-8031 (fax) March 24, 1999 S&EC, Inc. Project # 994371 Re: Federally Protected Species Survey Report: Northampton County Utilities Project located north of Roanoke Rapids, NC and west of Interstate Highway 95, Northampton County, NC. Dear Mr. Baldwin: Federally Protected Species Survey In March 1999, an Federally Listed Endangered & Threatened Species Evaluation was conducted on the site known as the Northampton County Utilities Project located north of Roanoke Rapids, NC and west of Interstate Highway 95, Northampton County, NC. (Please refer to the provided site map.) RECORDS & LITERATURE REVIEW A review of files maintained by the North Carolina State Natural Heritage Program produced no occurrences of federally listed endangered or threatened species within two miles of the site. Federally protected species (threatened or endangered) that are/were known to occur m Northampton and Halifax Counties include: Bald Eagle (Haliaeetus leucocephalus), Reed-cockaded Woodpecker (Picoides borealis), Dwarf Wedgemussel (Alasmidonta heterodon) and Tar Spinymussel (Elliptio steinstansana). (The Tar Spinymussel is endemic to the Tar River drainage. Therefore, no surveys were conducted for this species.) Information regarding the unique characteristics (i.e., habitat, reproductive biology, present and historical known locations, etc.) related to each species were compiled and reviewed prier to conducting field surveys. FIELD SURVEY Information regarding the unique characteristics of the species, their habitat requirements, their reproductive biology and locations of their previous local sightings were compiled and reviewed before surveying commenced Surveys were conducted within 100 feet of the proposed utility routes by S&EC personnel for the presence of individuals of each of the species listed above as well as possible suitable habitat for those species. Portions of the site that appeared to be suitable habitat for any of the species listed above were searched for the relative species. Encompassing transects were walked in potential habitat areas in an effort to thoroughly cover the site. Survey methods were consistent with recommendations of recognized professional biologists and scientific literature, when applicable. Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, Noctli Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Aud&s On-Site Waste Treatment Systems, [:valuation and Design RESULTS Unique characteristics of potentially occurring species, their habitat and their reproductive biology will be discussed in the following subsections and assessments of their presence or absence have been made on the basis of limiting habitat and biological features. Bald Eagle (Haliaeetus leucocephalus): Description: A 26-43" long eagle with a 7' wingspread (Family Accipitridae). Adults most readily identified by a white head and tail, and huge yellow bill. First year lack the white head and tail, and have a dark bill and pale markings on the belly, tail, and under the wings, and are similar to immature Golden Eagles. Nests are cone-shaped, 6-8' from top to bottom, and 6' or more in diameter made of sticks in dominant live trees with a good field of view and flight paths. (Ehrlich et. al. 1988, Luukkonen et. al. 1989, USFWS 1993) Survey Method: A search for individual birds, nests and possible suitable habitat was conducted during the site transacts. Since the binds prefer coastal areas, rivers and large lakes (Ehrlich et. al. 1988, USFWS 1993), surveys were concentrated at the proposed river crossings. Results: No bald eagles or nests were observed Bald Eagles are recorded in the Natural Heritage Program files as existing greater than five miles to the west of the proposed route within the area of the Roanoke Rapids Reservoir. The proposed utility construction corridor will be limited to either the I-95 right of way or an existing utility right of way with "directional drilling" were it crosses the riverine community. Therefore, only an inconsequential number of trees will need to be removed, limiting any possible impacts to the birds to the maximum extent practicable. Red-cockaded woodpecker (Picoides borealis): Description: A 20 cm long "barred" woodpecker with black cap and nape of neck. Large white cheek patches distinguish this woodpecker. Males have red cockade behind eyes (sometimes not apparent). Found in family groups in pine savannahs with little undergrowth. Populations found in longleaf pine, loblolly pine, shortleaf pine, pond pine and slash pine between 30 and 60 years. (Frazer 1992, Henry 1989 and USFWS, 1993). Survey Method: The survey for red-cockaded woodpecker habitat and cavities was conducted to the methods in "Guidelines for Preparation of Biological Assessments and Evaluations for the Red-Cockaded Woodpecker" (Henry 1989). Results: The few marginally suitable trees within the evaluated corridor were inspected for the presence of cavities or foraging. None were observed Only very marginally suitable foraging or nesting habitat was found within the evaluated corridor. No red-cockaded woodpeckers or nest cavities were observed Based on the site's apparent isolation from quality habitat, lack of prime foraging conditions and dominance of agricultural activity, it is highly unlikely that the proposed utilities would have any negative impacts to known populations of red-cockaded woodpecker populations. Dwarf Wedgemussel (Alasmidonta heterodon): Description: The dwarf wedgemussel is a small, dark, greenish tinged, freshwater bivalve, usually less than 2" long. The right valve of the dwarf wedgemussel has two lateral teeth, while the left valve has one lateral tooth (opposite of all other N.C. species). It is found in well-oxygenated, pollutant-free streams close to banks, under overhangs, around the top of submerged logs, and on substrates of sand, gravel and muddy sand with slow to moderate current. (USFWS 1993) Survey Methods: The channel features within the evaluated area were examined for the presence of usable habitat for A. heterodon. All proposed crossings of surface waters (including perennial and intermittent stream crossing locations) required for the installation of the line were surveyed with the use of a "dip- net". Surveys were not conducted for the mollusk species within the Roanoke River due to the fact that the proposed project will not be impacting the river's (or any other major tributary stream) surface water or substrate. The proposed crossing of the Roanoke River will be accomplished by either attaching to the existing I-95 bridge or "directionally drilling" under a narrow stretch of the river. Neither alternative will result in impacts to mollusks or their habitat. Results: No mollusk species were discovered within the channel features surveyed. No impacts to the Dwarf Wedgemussel are anticipated CONCLUSION No federally protected species were located within two miles of the proposed project. Based on site observations and lack of prime habitat requirements, it is unlikely that the proposed activity will have a negative impact on populations of federally listed endangered or threatened species. REFERENCES Ehrlich, Paul R, David S. Dobkin and Darryl Wheye. 1988. The Birder's Handbook, A field guide to the Natural History of North American Birds. Simon & Schuster Inc., New York. Pp. 220 & 356. Frazer, M. 1993. Federally Listed Endangered and Threatened Species of North Carolina. unpublished. Henry, V.G. 1989. Guidelines for the Preparation of Biological Assessments and Evaluations for the Red-Cockaded Woodpecker. U.S. Fish and Wildlife Service, Southeast Region, Atlanta, Georgia. Luukkonen, David R. et al. 1989. Project Final Report; Ecology, Habitat and Management of Bald Eagles at B. Everett Jordan Lake and Falls Lake, North Carolina Department of Fisheries and Wildlife Sciences, Virginia Polytechnic Institute and State University. Blacksburg, VA 24601. U.S. Fish and Wildlife Service. 1993. Endangered and Threatened Species of the Southeastern United States (The Red Book). Prepared by Ecological Services, Division of Endangered Species, Southeast Region. Government Printing Office, Washington, D.C. If you have any questions, comments or require further information please contact myself at 846-5900. Prepared by, 4?? . Bob 0Zarzecki Biologist br. .n 1z' 4k 4.1 ?; rte a IN O `F F }MMyLLy I k ?m I, I n ?o 4049 15 - o. 1 j o it °ass 13 631 '70, n ) ,? - / J I I ?- a ? -n 4048 /50 li it in e*h? Cem _ ,, C 1111 it 4_4 .......... ?41? l °E I!iEIEfEiEiic ° 29 Al' _ason Ift ?. 32'30// =___- 1047 O \yo t` a. Rest Area v i \\ -'?-- \ DSO ? /`/'? 'i 0- 17 / C\ I? ===c \c_ 40gg V it 160, /r° ? 4 11 b -a1. > J\ 0 ? ? ?- it - )w?// -ate _ 4045 70000 FEET (VA.) J % o ll \??. \ V /i/?J// 11 m<? _C lA_??- O -+r.?-? \ O 1201) // II BM 136 J \ ?i! 173 a y n? ?? v i?A ?11 \\ p Thorrlas II ' - 00 47 If- Brew I ' I 165 Cross oa II y0 /I U _.19p /s i ? 4043 \ 1 n l 1 / ?MCHIM&CREED April 30, 1999 Mr. John Dorney NCDENR Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 '-T06. OR (10) RE: Northampton County Water and Sanitary Sewer Project P lid A i n rT RLi`i?U Dear Mr. Dorney: In reference to your letter dated April 27, 1999, we are resubmitting the 401 Certification application for the referenced project. The check for the $200.00 requisite fee has been included along with the documentation listed below. • Seven (7) copies of the Pre-construction Notification Application • Seven (7) copies of 'h size construction plans • Seven (7) copies of 8'/2" x 11" delineation maps for each area If your require any additional information, please do not hesitate to contact me. Sincerely, McKIM & CREED ENGINEERS, P.A. r?y'oahn, El /der Enclosures \\MC E_RAL\VOL1 \CLERICAL\0507\0006\10\04309Dorney2. doc 5625 DILLARD DR., SUITE 117, CARY, NORTH CAROLINA 27511 TEL 919.233.8091 FAX 919.233.8031 www.mckimcreed.com