HomeMy WebLinkAbout20020928 Ver 1_Complete File_200206110? WATF Michael F. Easley, Governor
`Ott 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality
O ?
February 20, 2003
Anson County
DWQ Project No. 020928
SR 1613 (Lee Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions: Modification
Mr. Benton G. Payne, P.E., Division Engineer
NCDOT Division 10
716 West Main Street
Albemarle, North Carolina 28001
Dear Mr. Payne:
You have our approval, in accordance with the attached conditions and those listed below, to incur 30
linear feet of additional impacts to an unnamed tributary of Lanes Creek in order to improve SR 1613
(Lee Road) in Anson County. The project should be constructed in accordance with your application
dated February 4, 2003 (received February 10, 2003). Previous impacts of 10 linear feet were authorized
in a Water Quality Certification issued on June 21, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification No. 3375 corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying §404 permit unless otherwise specified in the Water Quality
Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us in writing, and you may be required to
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, or if stream impacts exceed 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Lanes Creek and its tributaries are on the §303(d) list of Impaired Waters. NCDOT shall use Best
Management Practices for the Protection of Surface Waters (NCDOT March 1997) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024).
These measures must be implemented prior to any ground-disturbing activities to minimize impacts to
downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be planted on
all bare soil within 15 days of ground-disturbing activities to provide long term erdsion control.
2. Storm water shall be directed to buffer areas or retention basins and not routed directly to streams
where practicable.
3. Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
4. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Ms. Beth Barnes at 919.715.8394 or Mr. Ken Averitte
of the Fayetteville Regional Office at 910.486.1541.
Sincerely,
Attachment
ya.limek, P.E
Pc: Wilmington District Corps of Engineers
Steve Lund, USACE Asheville Field Office
NCDWQ Fayetteville Regional Office
Central Files
File Copy
?3uII
STATE OF NORTH CAROLINA.
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDo TIPPETr
GOVERNOR SECRETARY
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
Attention: Mr. Steve Lund, MS, PWS
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
February 4, 2003.. _
U_--._._ .
y
U '15
Subject: Request for Permit Modification on SR 1613 (Lee Road), Corps Action ID
200231032, Anson County. State Work Order No. 6.652222 (DWQ Minor
Permit Fee $200.00)
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) has previously requested and
received permit authorization to upgrade SR 1613, in Anson County under a Nationwide 14. SR
1613 is an unpaved roadway that will be upgraded to a paved roadway. The total project length
is 1.35 miles.
Since receiving permit authorization, it has been determined that this project cannot be
constructed without additional impacts to an unnamed tributary (station number 69+46.91) of
Lanes Creek. The NCDOT originally anticipated that the project could be constructed with an
additional 10 feet of impacts to this tributary. Upon further review, it has become apparent that
we need to plan for a total of 40 feet of impacts to this tributary to assure that a stable shoulder
slope can be established (Table 1.). The project area lies in the Yadkin River Basin (Hydrologic
Unit # 03040105).
1 I is to Streams from im rovements to SR 1613 Road
Site Table mac
E)dsting _ Existing
Proposed
Proposed
No. Stream Name Length feet . Width inches Length feet Width inches
S l UT of Lanes Creek 30 36 60 36
Note: "UT" refers to unnamed tributary.
N%"@
716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 9 Far (704) 982-3146
The purpose of this letter is to request a permit modification to our original authorization to
construct the proposed project under Section 404 Nationwide Permit (NWP) 14. Application is
also made to the North Carolina Division of Water Quality (NCDWQ) for a Section 401 Water
Quality Certificate (WQC) No. GC 3375 that is required for this project.
If you have any questions or need any additional information concerning this request, please fee
free to contact Mr. Larry Thompson, Division Environmental Officer, at (704) 982-0101.
Sincerely,
/mar
Benton G. Payne, P.
Division Engineer
BGP/LBT
cc: Mr. John Dorney, NCDWQ
Mr. Terry Jordan
Mr. Larry Thompson, DEO
Area Field Operations Unit
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STATE OF NORTH CAROLINA WC uNOS stoup
WATQ UTILITY SECTION
DEPARTMENT OF TRANSPORTA
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDo TIPPETT
GOVERNOR SECRETARY
FILE COPY June 6, 2002
U. S. Army Corps of Engineers
Asheville Regulatory Field Office 0 2 0 9 2 8
Attention: Mr. Steve Lund, MS, PWS
151 Patton Avenue, Room 208,;?,` , ?.
Asheville, NC 28801-5006 R,
Subject: Secondary Road Improvements to SR 1613 (Lee Road), Anson County. State
Work Order No. 6.652222 (DWQ Minor Permit Fee $200.00)
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1613, in
Anson County. SR 1613 is an unpaved roadway that will be upgraded to a paved roadway. The
total project length is 1.35 miles.
Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-
44.8 and 136-44.9) require the NCDOT to develop annual work programs for construction and
maintenance of secondary roads. These general statutes specifically set forth requirements for
annual construction and paving of existing unpaved roads. Paving of these roads is performed in
priority order as established by the NCDOT for each unpaved road within a given county. This
number is based on characteristics of each road, including number of homes, schools, churches,
businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and
value as a thoroughfare. SR 1613 is scheduled for paving in the 2002-2003 Secondary Roads
Construction Program
Protected Species r--i I -
C-)
f -r l '
The subject project has been reviewed for the presence of listed threatened and endangered i
species. It has been determined that the construction of this project will have no effect on any a ."_
listed plant or animal species.
Impacts to Waters of the United States
This project cannot be completed without impacts to waters of the United States. The project
area lies in the Yadkin River Basin (Hydrologic Unit # 03040105), affecting the drainage of an
unnamed tributary to Lanes Creek. Stream impacts will be incurred from replacing the existing
716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 • Far (704) 982-3146
pipe at station number 69+46.91. There will be approximately 40 linear feet of stream impacts
resulting from this pipe replacement, of which, no more than 10 feet will be permanent impacts.
The NCDOT previously applied for, and received, authorization (Corps Action Id.
200230411/DWQ Project No. 020113) to replace Bridge 219 with twin 112" x 75" corrugated
metal pipes. There were 60 linear feet of stream impacts associated with this project.
s
Wetland Impact
There are no wetland impacts that will result from the construction of this project.
tre Impacts
There is one stream crossing that will require upgrading as a result of the road improvements, an
intermittent channel that drains to Lanes Creek. Table 1 includes information related to site
number, stream name, existing pipe length (ft), existing pipe width (in), proposed replacement or
extended pipe length (ft) and width (in).
Tahtp 1 _ imnnctQ to Strums from imnrovements to SR 1613 (Lee Road)
Site
No.
Stream Name Existing Existing
Length feet Width inches Proposed
Length feet Proposed
Width inches
S I UT of Lanes Creek 30 36 40 36
Note: 'Ur' refers to unnamed tributary.
Dewatering
The NCDOT does not anticipate the need to temporarily dewater this stream. This pipe
replacement will be performed when the stream has no flow and measures will be taken to
stabilize any exposed soil in order to reduce the possibility of sediment loss during a rain event.
The NCDOT believes that this site can be authorized under a Section 404 Nationwide Permit 14.
Avoidance/Minimization
All wetlands or surface waters not affected by the project will be protected from unnecessary
encroachment. No staging of construction equipment or storage of construction supplies will be
allowed in or near wetlands or surface waters.
The side slopes have been steepened to the extent possible and the proposed roadway adjusted to
lessen the impacts to jurisdictional sites. Sedimentation and erosion control Best Management
Practices for the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur between maintenance forces and the Division
Environmental Officer during construction in an effort to minimize impacts to jurisdictional sites.
Compensatory Mitigation
At this time, the NCDOT does not anticipate the need for compensatory mitigation based upon
the limited impacts associated with the construction of this project.
2
Summary
The purpose of this letter is to request authorization to construct the proposed project under
Section 404 Nationwide Permit (NWP) 14. Application is also made to the North Carolina
Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. GC
3375 that is required for this project.
If you have any questions or need any additional information concerning this project, please fee
free to contact Mr. Larry Thompson, Division Environmental Officer, at (704) 982-0101.
Sincerely,
Benton G. Payne, P. E.
Division Engineer
BGP/LBT
cc: Mr. John Dorney, NCDWQ
Ms. Marella Buncick, USFWS
Mr. David Cox, NCWRC
Mr. Rick Baucom, County Maintenance Engineer
Mr. Larry Thompson, Division 10 DEO
Area Field Operations Unit
Office Use Only: n 2 0 9 2 Q Form Version April 2001
USACE Action ID No. DWQ No, V
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: N C Department of Transportation
Mailing Address: c/o Benton G. Panye, P. E.
Division Engineer
716 West Main Street
Albemarle, NC 28001
Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146
E-mail Address: bpavnel7a dot. state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Larry Thompson, R. S.
Company Affiliation: Division Environmental Officer
Mailing Address: N. C. Department of Transportation
716 West Main Street
Albemarle NC 28001
Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146
E-mail Address: lthompson@dot.state. nc.us
Page I of 9
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1613 (Lee Road)
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Anson County Nearest Town: Wadesboro
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Wadesboro. travel north on
US 52, turn left onto NC 742 right onto Red Hill-Mt. Vernon Road left onto Morton Road
bearing right onto Lee Road.
5. Site coordinates, if available (UTM or Lat/Long): See Attached
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Rural/Agricultural
7. Property size (acres): N/A
8. Nearest body of water (stream/river/sound/ocean/lake): Lanes Creek
9. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 9
10. Describe the purpose of the proposed work: Grading drainage base paying and erosion
control to brin existing. xisting gravel road in compliance with standard safety design specifications.
Work will require replacing (see plan sheets) one existing culvert. 11. List the type of equipment to be used to construct the project: Heavy construction equipment
(back hoe track hoe excavator, dump trucks etc )
12. Describe the land use in the vicinity of this project: Rural residential/agricultural mix.
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The NCDOT has previously requested and received permit authorizations to replace Bridge 219
on Lee Road (Corps Action Id 200230411, issued March 4 2002/NCDWQ Project No. 020113,
issued January 29, 2002) This project is being delayed until the sunfish spawning season has
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
Page 3 of 9
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mecttantzea cleanng, gracing, tut,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
•• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/h???u . Tema. gov.
••' List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact*
Length of
Impact
(linear feet)
Stream Name** Average
Width of
Stream
Before
Impact
Perennial or
Intermittent?
(please specify)
S1 (1) 36" CNV 10' UT to Lanes Creek 2.5' Intermittent
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associates np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
Page 4 of 9
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., war\v.tonozone.cotn,
www.mapluest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 10 feet permanent./30
feet temporga
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
' List each impact separately and identify temporary impacts. Impacts include, but are not lmuted to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands or surface waters not affected by the project will be protected from unnecessaU
? wetlands
installation of
Page 5 of 9
Encroachment No staging of construction equipment will be allowed in or near wetlands or
waters of the U S Strict enforcement of sedimentation and erosion control Best Manangement
Practices for the protection of wetlands and surface waters will be enforced during all phases of
project construction
Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed for this project.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:/ni2o enr.state.nc us/wrp/index.litin. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VIII. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ® No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ® No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Page 7 of 9
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitt lion
1 3
2 1.5
Total
• Zone 1 extends out 30 teet perpendicular trom near bank of cnannei; Lone z exaenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
X. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Temoorarv dewaterina and all appropriate Best Management Practices for sediment and erosion
control will be implemented during` pipe replacement/extension activities as needed.
XI. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Page 8 of 9
XH. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature /0"0` Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ??O2
Action Id. 200230411 County: AnspIVIJSION TEN
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation, Division 10
Address: Attn: Benton G. Payne, Division Engineer, 716 West Main Street, Albemarle, North Carolina 28001
Telephone No.: (704) 982-0101
Size and Location of project (water body, road name/number, town, etc.):
Bridge No. 219 over an unnamed tributary to Lanes Creek on SR 1613 (Lee Road) near
Ansonville
Description of Activity:
Replace Bridge No. 219 with twin 112" x 75" corrugated metal pipe arch impacting 60 linear
feet of stream channel. SPECIAL CONDITION: All conditions of the attached NC Wildlife
Resources Commission letter of February 1, 2002 are hereby incorporated as special
conditions of this permit.
Applicable Law:
(check all that apply)
Authorization: 198200031
X Section 404 (Clean Water Act, 33 U.S.C. 1344).
Section 10 (River and Harbor Act of 1899).
Regional General Permit Number.
Nationwide Permit Numbers.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity
is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also
receive a Section 401 water quality certification from the N.C. Division of Environmental Management,
telephone (919) 733-1786.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date March 4, 2002
Corps Regulatory Official Steven Lund
Expiration Date of Verification
December 31, 2002
Telephone No. (828) 271-7980
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW For. 591
Revised July 1995
-C
E6 0 5 2002
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Steve Lund, USACOE
Asheville Field Office
FROM: Maryellen Haggard, DOT Permit ?in t?
Habitat Conservation Program
DATE: February 1, 2002
SUBJECT: NCDOT bridge replacement of No. 219 on SR 1613 over unnamed tributary to
Lanes Creek, Anson County
The North Carolina Department of Transportation (NCDOT) is requesting a concurrence
letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit
from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed
the proposed improvements and are familiar with habitat values of the project area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C.
466 et seq.).
NCDOT proposes to replace Bridge No. 219 with twin metal culverts each measuring
112" x 75". The total pipe length is 60 linear feet. The culvert instillation plus bank stabilization
will impact 70 linear feet of an unnamed tributary to Lanes Creek. This project has the potential
to impact the unnamed tributary through off site sedimentation during construction and blockage
of fish movements through improper placement of the culvert. While our preference would be to
replace the bridge with another spanning structure, we will not object to the project as proposed
provided that the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the sunfish spawning season of May 1 through June 30 to protect
the egg and fry stages from off-site sedimentation during construction.
2. Disturbance of the stream channel must be limited to only what is necessary
to install the culverts. Heavy equipment should be operated from the bank
rather than in the stream channel in order to minimize sedimentation and
reduce the likelihood of introducing other pollutants into the stream.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 2 7699-1 72 1
Telephone: (919) 733-3633 ext. 281 - Fax: (919) 715-7643
. Bridge No. 219, SR 1613 2 February 1, 2002
The metal culverts should be constructed so that all water flows through only
one cell during low flow to maintain aquatic life passage. At least one culvert
should be buried one foot into the substrate. The second culvert should be
placed on the floodplain bench and function only when the stream channel is
at flood stage. If both cells are buried, water should be diverted through a
single cell.
4. Stream conditions above and below the culvert should be maintained at the
appropriate widths and depths to provide sediment transport and aquatic life
movement. Where disrupted, natural floodplain benching should be restored.
5. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
6. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 15 days of ground disturbing activities to provide long-term erosion control.
We encourage NCDOT to utilize onsite vegetation and materials for streambank
stabilization, to minimize the use of riprap (or hard stabilization methods) and to
maximize the use of native vegetation for stabilization and shade.
7. Work must be accomplished so that wet concrete does not contact stream
water.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me at (336)
527-1549.
cc: Cynthia Van Der Wiele, NCDWQ
Larry Thompson, NCDOT
\0?0V V v cRQG
? 11r1 ?
>
o -?
DWQ Project No.: OZ Q'I2-
c.
Applicant:
Project Name: S 1 l 3
Date of Issuance of 401 Water Quality
County:
ification:
0
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that. to the best of my abilities, date care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of.the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, Lc,-r I " , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Opl a? and specifications, and other supporting materials.
Rules, the approv
Signature: Date: `? rl ?g3
If this pr t was designed by a Certified Professional
1, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No. Date
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
r
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4 2002
DIVISION TEN
January 29, 2002
Anson County
DWQ Project No. 020113
Bridge No. 219 on SR 1613 (Lee Road)
State Work Order No. 6.652017T
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Benton G. Payne, P.E., Division Engineer
NCDOT Division 10
716 West Main Street
Albemarle, NC 28001
Dear Mr. Payne:
You have our approval, in accordance with the attached conditions and those listed below, to impact
70 linear feet of an unnamed tributary to Lanes Creek for the purpose of replacing Bridge No. 219 on
SR 1613 (Lee Road) in Anson County. The project must be constructed in accordance with your
application dated January 15, 2002 (received January 23, 2002). After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification No. 3289,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you
must acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit unless otherwise specified
in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ in writing and submit 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 the conditions. If total wetland fills
for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. NCDOT shall follow Best Management for the Protection of Surface Waters (March 1997) and
comply with the requirements for WS-IV waters as specified in 15A NCAC 2B .0216.
2. Stormwater must be directed to buffer areas or retention basins and must not be routed directly
into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be
utilized for storm water sheet flow.
3. Temporary or permanent herbaceous vegetation must be planted on all bare soil within 15 days of
ground-disturbing activities to provide long term erosion control.
4. The culverts shall be designed and installed in such a manner that the original stream and
floodplain dimensions are not altered. Existing stream dimensions (widths and depths) are to be
maintained above and below locations of the twin culverts to provide sediment transport and
passage of aquatic life. The culverts shall be offset so that one pipe receives base flow and is
buried one foot into the substrate. Use of rip-rap shall be minimized and shall not impede the
ability of aquatic life to move during low flow conditions.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
5. All work shall be performed during low flow conditions.
6. Disturbance of the stream channel must be limited to only what is necessary to perform the
culvert installation. Heavy equipment must be operated from the banks rather than in the stream
channel in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Ms. Cynthia Van Der Wiele at 919.733.5715
or Mr. Ken Averitte of the Fayetteville Regional Office at (910) 486-1541.
Sincerely,
J
T . Th
orge, Ph.D0
ng irector
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Fayetteville Regional Office
Central Files
File Copy
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