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HomeMy WebLinkAbout20030950 Ver 1_Complete File_20030805\N A T-- ? Michael F. Easley, Governor William G. Ross Jr., Secretary `0` North Carolina Department of Environment and Natural Resources GO Alan W. Klimek, P.E. Director ? r 1 =1 Division of Water Quality o -c August 5, 2003 Carteret County DWQ Project No. 030950 APPROVAL of Modification to 401 Water Quality Certification #981025 Mr. C.E. Lasiter, PE Division Engineer NCDOT Division 2 P.O. Box 1587 Greenville, NC 27835 Dear Mr. Lassiter: METLO 1 ROV, 41Jf y - SECTIO You have our approval, in accordance with the conditions listed below, to modify the existing Water Quality Certification issued November 19, 1998 for Bridge #15 on SR1325 in Carteret County. The modification allows you to fill 0.022 acres of wetlands for the purpose of adding guardrail to Bridge # 15 in Carteret County. The project shall be constructed in accordance with your application dated July 24, 2003 (received July 30, 2003). 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 modification, unless otherwise specified in the Water Quality Certification. Impacts Approved: The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 404/CAMA Wetlands 0.022 (acres) Areas: 1, 2, 3, and 4 Waters acres Buffers ft. (square 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 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 of 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 remain valid, you must adhere to the conditions listed in the attached certification. 1.) The NCDOT shall adhere to Design Guidelines for Sensitive Watersheds [ 15A NCAC 4B .0124] prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. 2.) The NCDOT shall comply with all requirements pertaining to protection of High Quality Waters (see 15A NCAC 2B .0224) including but not. limited to, sedimentation and erosion control and stormwater management. Stormwater management requirements specific to HQW are described in 15A NCAC 2H .1006. N. C. Division of Water Quality , 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 NCDENI V ?OHO` Vd AT C9QG Will ama G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources f Alan W. Klimek, P.E. Director 3; -4 ? Y Cl) 3.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ 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 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, 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 contact Mike Thomas at (252)-946-4287 ex. 281. Sincerely, , /,??? r Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers DWQ Central Office File Copy Central Files c:\ncdot\ \wgcl wgc.doc %N A T? Michael F. Easley, Governor `O?? QpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co Alan W. Klimek, P.E. Director DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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 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 Rules, the approved plans and specifications, and other supporting materials, Signature: Date: Agent's Certification 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 Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee 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 w Lt- ooQ cn o 0 ~cr ooh ?WWLnW no (.5 6 az Z I W WQlv3? W Z z ti co O U C? G?: m dj tip W CC CC) Z O LLJ 4 Q. q?z?W WO v aj N s W Z Ci N O N W w W 0 z 0 W w ti W J O C? U Ok-03 WtjQ? co ?WQccj O O t m I Q J W LO C" co L- n 1 z W nl Cj- "C oz U Q CO 0 cr Q LLJ v CD 0 ` 0 ? + v ! v (\ Q0 O * cr Ln 4- Q) ti W J O 'Ec ? CC Z k- ? 06 W 4j Q O JWQO OO WIm Q J W J O 03 O N - d ?O N co ?n ?n Ln o-) cn (,6 O> ? II II II II II Q J cc a cv X3380 S OavM W W I , t 0. CX3 Q N Q) L N 1 0 O 0. J O T ti W O F- i ? r O T o <P ?l ° a w LU 5 v 0 ?l R ti C? a Q 0 U T?Ln j N rn ? Ly W 7--- W6 -Ln L,j Co O?W? ?WQO W?'W m?? O C T O N z Q. W F? Q Z W O w W w O N 1=? ci:i QI U- W W w W W W W W W W Lu j Q Q j Q 2 Q V) O N 6 Q) O i N o? O N 1 V ti W W W ? ti < r a Q Office Use Only: 0 3 0 9 5 0 Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. $200.00 processing fee NCDOT Work order number: 6.162042 T 1. H. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification Modification ? Riparian or Watershed Buffer Rules 1 - V' y" 991 ? '?t? ? n? ? `u.1 _L111 :??. J U L 2 8 2C??3 2. Nationwide, Regional or General Permit Number(s) Requested: 401 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: ? Applicant Information WETLANDS1401 GROUP Owner/Applicant Informations $ d 2003 Name: North Carolina Department of Transportation Mailing Telephone Number: 252 830 3490 Fax Number: 252 830 3341 E-mail Address: 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: Jav Johnson Company Affiliation: Division 2 Environmental Officer Mailing Address: Same as above Telephone Number: Same Fax Number: Same E-mail Address: jbjohnson@dot.state.nc.us r Page 3 of 12 -'' ? :LL V l 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: Carteret 15 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Carteret Nearest Town: Otwav Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Beaufort N.C. take U.S. 70 east to SR 1325 (East Firetower Rd.) until iunction of bridge 15. 5. Site coordinates, if available (UTM or Lat/Long): UTM 18 357469E 3850965N Lat: 34 47 34 N Long: 76 33 30 W (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:Eaistin 1.5 mi. gravel secondary road mostly undeveloped/forested with residences. 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Wards Creek 9. River Basin: White Oak Page 4 of 12 (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/.) 10. Describe the purpose of the proposed work: Add guardrail to bridge. 11. List the type of equipment to be used to construct the project: Typical road construction equipment. 12. Describe the land use in the vicinity of this project: Residential 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 following permits have been issued: CAMA permit number 158-98, USACE GP 31 action ID # 199704073 NCDWO Gen. WOC # 3112 DWO project # 981025 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: No additional permit requests are anticipated in the near future. 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 plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a Page 5 of 12 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*** Area 1,2,3,4 Fill .022 Yes < 50' Coastal * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, 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://www.fema.Cov. *** 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: N/A Total area of wetland impact proposed: .022 Acre (970 sq. ft.) 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? specify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), 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 Page 6 of 12 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.maQquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A 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 limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A 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 ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of 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. Only 970 so. ft. of coastal wetland fill was reauired to accommodate shoulders for the placement of the minimum specified guardrail. Since the original permit has been issued NCDOT safety standards now require guardrail placement on all newly installed bridges. Page 7 of 12 VIII. 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/ncwetlands/strmgide.html. 1. 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. N/A Page 8 of 12 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://h2o.enr.state.nc.us/wrt)/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: N/A 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): IX. 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 ? X. 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 9 of 12 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 N 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* (square feet) Multiplier Required Mitigation g 1 3 2 1.5 Total Gone 1 extends out 30 teet perpendicular from near bank of channel; Zone 2 extends 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. XI. 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. No ditches will be disturbed but the existing ditches alreadv dissipate into the adiacent wetlands and not directly into wards Creek. When no upland exists to construct side ditches stormwater will sheet flow over the vegetated road shoulder and into wetlands. XH. 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 10 of 12 XM. 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 XIV. 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). na e Da e Applicant/Zte (Agent's si . v d only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Union Watauga Yancey Wilson Yadkin Page 1 I of 12 TopoZone -The Web's Topographic Map wysiwyg://11/http://Awvw.topozone.com/print.asp'!z=lg&rr=385o985&e=357447Xcu=2 1 of 1 6/17/03 5:22 PM iupu"ne- inc wens iopograpmciviap .Target is 34° wysiwyg:// i i/nup://dvww.iopozone.com/prmi.asp tz=i s&r=ss.)Uys:)aLe=.sJ /44 /QLU=L VVETLMDS/4II1 G13 NOV A ? 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