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HomeMy WebLinkAbout19940255 Ver 1_Complete File_19940318MEMORANDUM `-I V U ?i PRINT Rea TO: John Dorney WO Planning Branch SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS NAMES: viewer- Al-sz Supv. DATE: ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 94 APPLICANT NAME: NC DOT PROJECT TYPE: REPLACE COE #: RCD FROM CDA : DOT 0RIVER AN.D STJB BASIN # : STREAM CLASS: PERMIT NO: 0000225 COUNTY: REPLACE BRIDGE ON SR 1222 BRIDGE PERMIT-TYPE: DOT #: DATE FPM CDA: 42. STR INDEX NO: WL__IMPACT? : ON WL-_REQU*ESTE.D : D . O S oG/ WL SCORE (#) : MITIGATION?: YIN MITIGATION SIZE: COMMENTS: BERTIE NW 14 03/11/94 .Q6 11CC., 0-3/2.64t'/ WL_TYPE: WL__ACR_EST?: YIN WATER IMPACTED BY FILL?: YIN MITIGATION-TYPE: DID YOU REQUEST MORE INFO?: YIN IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION (Circle One): ISSUE SSUE/COND DENY cc: Regional Office Central Files N : . State of North Carolina Department of Environment, Health and Natural Resources ??. Division of Environmental Management -?I James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N R A. Preston Howard, Jr., P.E., Director April 22, 1994 Mr. Barney O'Quinn Planning and Environmental Branch NC DOT P.O. Box 25201 Raleigh, N.C. 27611-5201 Dear Mr. O'Quinn: Subject: Proposed fill in Wetlands or Waters Bridge replacement, Bridge #2, SR 1222 Bertie County DEM Project #94225 We have reviewed your request for 401 Water Quality Certification to place fill material in 0.024 acres of wetlands or waters which are tributary to Connaritsa Swamp for bridge replacement located at Bridge 2, SR 1222 in Bertie County as described in your submittal dated 8 March 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2732. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 14. This action completes DEM's review under Section 401 of the Clean•Water Act. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30).days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, reston Howar , Jr. P.E. 94225.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper APR-21-1994 14:21 FROM EHNR WASH REG OFFICE TO 1919771333 P.12 MEMORANDUM ) ?- PRINT NAMES : Reviewer: TO: John Dorney WO Supv.: r Planning Branch DATE;- SUBJECT: WETLAND STA4F REPORT AND RECOMMENDATIONS **-*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 94 APPLICANT NAME: NC DOT PROJECT-TYPE: REPLACE. COE-#. RCD_FROM_CDA: DOT ?REG`OFFICE- RIVER-AND _SUB_BASIK # : STREAM-CLASS: PERMIT NO: 000022S COUN'T'Y: BERTIE - REPLACE BRIDGE 2 ON SR 1222 BRIDGE PERMIT-TYPE: NW14 DOT-#: DATE_.FRM_CDA: 03/11/94 62. e2-,PLc>cs R. v STR_INDEX_NO: WL_IMPACT?: ON c IaTL REQUESTED : Q - O S UC/ WL S CORE (#) : MITIGATION?: YIN MITIGATION SIZE: COMMENTS: I r..c : Regional Office Central Files F -X WL_TYPE: WL_ACR_EST?: YIN WATER IMPACTED BY FILL?: YIN MITIGATION-TYPE: DID YOU REQUEST MORE INFO?: YIN IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION (Circle One;: ISSUE SSUE/COND DENY TOTAL P.12 s R. STATF q STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPOR JAMES B. HUNT, JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 March S, 1994 District Engineer U. S. Army Corps of Engineers P. O. Box 1590 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: MAR 1 1 1994 CO WETLANDS AT HUNT I I I SECRETARY SUBJECT: Bertie County, Replacement of Bridge No. 2 over Connaritsa Swamp on SR 1222. The North Carolina Department of Transportation proposes to replace bridge #2 over Connaritsa Swamp on SR 1222 in Bertie County. It is proposed to replace the present bridge with one 21'10" by 5'8" aluminum box culvert approximately 38' in length. The proposed activity will result in the filling in of C>, D-01' less than 0.004 ha (0.01 ac) of wetlands, less than 0.004 ha 0.0'b (0.01 ac) of fill in waters of the U.S. and less than 0.016 9? ha (0.04 ac) of excavation in wetlands. 'f p 0$ It is anticipated that this construction activity qualifies for Federal authorization pursuant to the pre- Zcr discharge notification provisions set forth in Nationwide Permit 33 CFR 330.5(a)(14). Application is hereby made for Department of Army permits as required for such activities. Enclosed please fi.nd_a_pre-d.i_scharge_.n.oti_fication form and permit drawings for this project. By copy of this letter, we are also requesting a 401 Water Quality Certification from the Division of Environmental Management. By copy of this letter we are also requesting comments from the U.S. Fish and Wildlife S:,rvice and National Marine Fisheries Service regarding the presence of any federally listed or proposed threatened or endangered species or critical habitat, and from the State Historic Preservation Office regarding the presence of any historic properties in the area. If you have any questions, or if we may provide any further information, please contact Ms. Robin A-i. Little of NCDOT's Environmental Unit at (919) 733-3141. Sincerely, \i a qB O' inn, P.E. Assistant Branch Manager Planning and Environmental Branch cc: Mr. John Dorney, DEHNR, DEM Mr. David Lekson, COE-Washington Ms. L. K. Gantt, USFWS National Marine Fisheries Service, Beaufort, N.C. State Historic Preservation Officer Mr. A. L. Hankins, P.E., Hydraulics Mr. Jim Lee, P.E., Bridge Maintenance Unit Mr. C.O. White, P.E., Division 1 Engineer NOTIFICATION FORM INFORMATION SHEET Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE- QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected special aquatic sites, including wetlands) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin work a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the District Engineer, or b. If notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written concurrence is received from the District Engineer. The time periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the -National Marine Fisheries Service (NMFS), and the State Historic Preservation Office (SFlPO), as indicated below and on the notification form, do not apply. B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION. Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification. They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NNW 40. Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4, NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, and NWP 37. The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10 cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications. C. NOTIFICATION/APPLICATION PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The permittee should make sure that all necessary information is provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries.Service regarding the presence of endangered species that may be affected by the proposed project. U.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. Box 33726 Raleigh, NC 27636-3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION Pivers Island Beaufort, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. DEM ID: ACTION ID:_ Nationwide Permit Requested (Provide Nationwide Permit #): NWP 33 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Boy 29535 Raleigh, NC 27626-0535 ATTN: MR. SOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: North Carolina Department of Transportation 2. Owners Address: P. 0. Box 25201, Raleigh, NC 27611 3. Owners Phone Number (Home): --- (Work): (919) 733-3141 4. If Applicable: Agent's name or responsible corporate official, address, phone number: B. J. O'Quinn, P.E. Assistant Manager Planning and Environmental Branch 5. Location of work (MUST ATTACH MAP). County: Bertie Nearest Town or City: Rhodes Specific Location (Include road numbers, landmarks, etc.): Bridge No. 2 over Connaritsa Swamp on SR 1222 6. Name of Closest Stream/River: Connaritsa Swamp/Cashie River 7. River Basin: Roanoke River Basin 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES NO LX I C-SW 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 91 If yes, explain. 10. Estimated total number of acres of waters of the U.S., including.wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Less than O.C.1 acres Drained: Flooded: Excavated: Less than 0.04 acres Total Impacted: Less than 0.05 acres 12. Description of proposed work (Attach PLANS-8 1/2" X 11 "'drawings only): Replace existing bridge with 38' long, 21'10" x 5'8" Aluminum box culvert in existing alignment. 13. Purpose of proposed work: Improve safety of crossing 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Existing alignment and bridge crossing need improveemnt by bridge replacement to meet safety requirements. . 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or 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. Have you done so? YES [XI NO [ ] by copy RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. of the attached letter. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [X ] NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. by copy of attached letter. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. 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. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Rural F. 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