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HomeMy WebLinkAbout19990853 Ver 1_Complete File_19990809State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director • NCn.ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 17, 1999 Bertie County DWQ Project # 990853 APPROVAL of 401 Water Quality Certification Linsdey Riddick NC DOT PO Box 850 Edenton NC 27932 Dear Mr. Riddick: You have our approval, in accordance with the attached conditions, to place fill material in 0.07 acres of wetlands or waters for the purpose of grading and paving, as you described in your application dated August 9, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This Certification allows you to use National Permit Number 18 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 send us 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 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. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General 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. 27611-74,47. 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 Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files Sincerely, Pert Steven 990853.Itr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetlandc.htmI A STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVENOR SECRETARY July 22, 1999 U.S. Army Corps of Engineers Washington Field Office P.O. Box 1000 Washington, NC 27889-1000 Attention: Mr. Henry Wicker The Department's Maintenance Engineer in District Two is planning to pave SR 1356 in Bertie County. As in most instances, the proposed work includes grading, application of base and paving with asphalt To ensure the safety of the traveling public, travel lanes, shoulders and fill slopes must be constructed using minimum design standards. To accomplish this work, the existing cross-section of the roadway will be widened several feet This work will impact wetlands along the fringes of a remnant beaver swamp site and a forested site. The forest is mixed hardwoods with some pine. The anticipated impacts are described below: Wetland Site Station Area of impact 1 22 + 40 to 24 + 00 0.053 acre 2 25+15 to 25+76 0.014 acre The wetland boundaries have been flagged at the intersections with the project at each site for the District Engineer. The attached drawings depict the limits of wetlands and a location map for your use. The project will also involve the replacement and extension of an existing pipe near the eastern terminus of the project. This pipe crosses an intermittent unnamed tributary to Eastmost Swamp. The new pipe will be 48.0 feet in length and 18.0 inches in diameter. It will replace the existing 18.0-inch pipe that is 30.0 feet in length. . I I anticipate the impacts will qualify under Nationwide 18. Please find attached a completed pre-construction notification form, drawings of the wetland impacts and a project vicinity map. By copy of this letter, the NCDOT is also requesting that the North Carolina Division of Water Quality issue the appropriate water quality certification. Thank you for your time and efforts. Please call me if I can answer any questions. Sincerely, D. R. Conner, P. E. Division Engineer-Division One T. Lind Riddick, Jr. Division Environmental Officer-Division One Enclosures CC: Randy Turner John Hennessy, NCDWQ P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-8722 3/25/96 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NW 18 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) 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: NCDC7 2. MAILING ADDRESS: P 0 Box 650 SU3DIVISION NAME: CITY: Edenton STATE: NC ZIP CODE: 27932 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1356 ?n Bertie County, NC 3. TELEPHCNE NUMBER (HOLE): (WORK) : 252-482-7977 4. IF APPLICABLE: AGENT'S NAME CR RESPCNSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Don R Conner. P. E. 5. LOCATION OF WORK (PROVIDE A '-'AP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Bert' _e NEAREST TCWN OR CITY: Windsor 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. IMPACTED OR NEAREST STREAM/RIVER: Eastmost Swamp RIVER BASIN: Chowan 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? 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? 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: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.07 EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: 0.07 10b. (1) STREAM CHANNEL TO BE IMPACTED 3Y THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: N/A FT AFTER: N/A FT WIDTH BEFORE (based on normal high water contours): N/A FT WIDTH AFTER: N/A AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMEIv-T OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTICN OF A DAM/FLOODING: OTHER: 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) : expanding typical section and paving SR 1356, road 13. PURPOSE OF PROPOSED WORK: uipgrade the facility and improve safety to the traveling public 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): SR 1356 is being widened on existing 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 [ ] 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. 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 (FCR 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 PERFCRMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STCRMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LA.21D USE OF SURROUNDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT 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 CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) DATE 5 m cn -1 Z D ? p cn N i O r) V) C1 D r? i a I. 11,3 ' U LI) a7 Lr) Q 770 C) rr O `y (J - - o - Z) cn ^ fr r (nC:)? T m FT7 D ITI oo??-IW n Z 0 PLAN _ i DATE it 25+-15- rn _ l i ? o? ?r zS+ 76 i -J - - rn co c? I? i r^ ?v o ? U ? T rrn? _ ? M --? -{ riorn? -? 1 ti