HomeMy WebLinkAbout19950323 Ver 1_Complete File_19950327State of North Carolina
Department of Environment,
Health and Natural Resources 74**A
Division of Environmental Management
James B. Hunt, Jr., Governor ED C
Jonathan B, Howes, Secretary C r*4 F1
A. Preston Howard, Jr., P.E., Director
March 30, 1995
Bladen County
DEM Project # 95323
APPROVAL of 401 Water Quality Certification
N1r. Franklin Vick FILL,
DOT
NC
P. O. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. Vick:
You have our approval to place fill material in less than 0.02 acres of wetlands or waters for the
purpose of replacing Bridge # 170 on SR 1524 over Colly Creek, as you described in your application
dated 14 March 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2732. This certification allows you to use Nationwide
Permit Number 14 when it is issued by the Corps of Engineers.
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 this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ston H ard, Jr (7.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
95323.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DE-Fn-3* '15323
STATE OF NORTH CAROLINA
DEPARTMENT OF 1PANSPORTATION
JAMES B. HUNT, JR
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
March 14, 1995
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
ATTENTION: Regulatory Branch
Dear Sir:
MAR
s,
R. SAMUEL HUNT II I
SECRETARY
SUBJECT: Bladen County, Replacement of Bridge No. 170 on SR 1524 over Colly
Creek.
The N.C. Department of Transportation (NCDOT) intends to replace Bridge
No. 170 on SR 1524 over Colly Creek in Bladen County as part of our bridge
maintenance program. The existing bridge will be replaced with a three
barrel 103 x 71 corrugated steel pipe arch at the same location as the
existing bridge. Traffic will be diverted onto other roads during
construction so that a temporary detour structure will not be necessary. The
environmental impacts of this project are expected to be minimal. The
project will require the placement of fill in less than 0.01 acres of
wetlands and less than 0.01 acres of surface water. This bridge is located
above the headwaters of Colly Creek (estimated flow is 5.8 cfs).
It is expected that this project can be authorized under Nationwide
Permit No. 14 for road crossings. Enclosed you will find the completed
pre-discharge notification form and drawings of the proposed work. Please
review this application for authorization under the Clean Water Act. We
anticipate that 401 General Water Quality Certification No. 2732 will apply
to this project, and are providing this information to the N.C. Department of
Environment, Health and Natural Resources, Division of Environmental
Management, for their review. If you have any questions or need any
additional information, please contact Mr. Gordon Cashin at (919) 733-3141.
Sincerely,
Ie lam- ft -C
`
H. Franklin Vick, P. E., Manager
Attachments
cc: Mr. Scott McLendon, COE, Wilmington
Mr. John Dorney, NCEHNR, DEM
Mr. Kelly Barger, PE, Program Development Branch
Mr. Don Morton, State Highway Engineer - Design
Mr. A. L. Hankins, Hydraulics Unit
HFV/gc Planning and Environmental Branch
Mr. Tom Shearin, PE, State Roadway Design Engineer
Mr. D. A. Allsbrook, PE, Division 5 Engineer
Mr. John Smith, PE, Structure Design
Mr. Jimmy Lee, Bridge Maintenance
C"?
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 (SHPO), 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 NWP 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 #): 14
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) 25145 11
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN 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. H . F r a n k l i n Vick
1. OwnersName:N. C. Department of Transportation, Division of Highways
2. Owners Address: P.O. Box 25201 Raleigh. NC 27611
3. Owners Phone Number (Home): ( 919 ) 7 3 3 - 3141 (Work): N / A
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: 81 a d e n
Nearest Town or City: Ammon
Specific Location (Include road numbers, landmarks, etc.): Bridge No. 170 over C o l l y C r e e k
on SR 1524.
6. Name of Closest Stream/River: C o l l y C r e e k
7. River Basin: Cape F e a r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [) NO r4
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO r]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: / A
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: Lbss than 0.02
Drained:
Flooded:
Excavated:
Total Impacted: Less than 0.0 2
12. Description of proposed work (Attach PLANS-8 1/2" X I 1" drawings only): R i r ri g P r e p I ac a me n t
on existing location.
13. Purpose of proposed work: _ public roadway
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. N n f P a s i h 1 P a 1 t P r n a t i y P
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[ ] NO [X ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 [ ] NO [X ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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. If applicable, what is proposed method of sewage disposal?
L? fix.., ?'o,? (} •'?v? ?•J?- ?V ?cl?- 3-4-
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