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HomeMy WebLinkAbout19950831 Ver 1_Complete File_19950808State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 9, 1995 Ashe County DEM Project # 95831 COE # 199304486 TIP No. B-2107 State Project # 8.2710501 APPROVAL of 401 Water Quality Certification Mr. Franklin Vick Planning and Environmental Branch NC DOT P. 0. Box 25201 Raleigh, N.C. 27611-5201 f IA ? Dear Mr. Vick: You have our approval to place fill material in 193 cubic meters of waters for the purpose of temporary construction, access and dewatering, to replace Bridge #12 on SR 1181 over South Fork New River, as you described in your application dated 3 August 1995. After reviewing your .application, we have decided that this fill is covered by General Water Quality Certification Number 2727. This certification allows you to use Nationwide Permit Number 33 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 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. 27611-7447. 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, *ron Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Domey Central File AIR I P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733- 4 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper e :sir' ? ? CJ ? I : 101 ISSUEr STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 -s?& TAR€ Y---- August 3, 1995 G $ v Regulatory Branch Army Corps of Engineers Wilmington Field Office P. 0. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. G. Wayne Wright Dear Sir: Subject: Ashe County - Replacement of Bridge No. 12 on SR 1181 over South Fork New River; T.I.P. No. B-2107 State Project No. 8.2710501; DOA Action ID. 199304486 The U. S. Army Corps of Engineers issued Nationwide Permit No. 23 (Approved Categorical Exclusions) for this project on September 23, 1993, in cooperation with the North Carolina Wildlife Resources Commission. A condition of this permit prohibits the use of heavy equipment in the South Fork New River. A construction contract has been awarded for this project. We have been informed by our contractor that the bridge piers cannot be drilled and constructed without the use of drilling equipment within the river area. Attached herein are plan and profile drawings of the contractor's proposed plan to access the construction area with work pads. As these drawings indicate, the contractor proposes to place two temporary rip rap causeways adjacent to the new bridge. This will involve placement of 196 cubic meters of material below ordinary high water. No fill in jurisdictional wetlands will be required. Upon completion of work, all rock material placed in the river will be removed and the area will be reclaimed to natural state. We hereby request approval of Nationwide Permit No. 33 (Temporary Construction, Access and Dewatering) for the proposed work. By copy bf this letter, issuance of 401 Water Quality Certification by the N. C. Division of Environmental Management is also requested. We anticipate that the concurrence of the North Carolina Wildlife Resources Commission (WRC) will be required prior to authorization by the Corps of Engineers. By copy of this letter and attachment, NCDOT hereby requests review by WRC. August 3, 1995 Page 2 Thank you for your assistance. If you have any questions, please call Cyndi Bell at (919) 733-3141, Extension 306. Sincerely, H Franklin Vick, P. E., Manager Planning and Environmental Branch HFV/tp Attachment cc: Mr. John Thomas, COE, Raleigh Field Office Mr. John Dorney, DEM, DEHNR Mr. John Parker, DCM, DEHNR Ms. Stephanie Goudreau, WRC, Marion Mr. Kelly Barger, P. E., Project Management Mr. Don Morton, P. E., Design Mr. A. L. Hankins, P. E., Hydraulics Mr. John Smith, Jr., P. E., Structure Design Mr. Tom Shearin, P. E., Roadway Design Mr. W. E. Hoke, P. E., Division 11 Engineer Mr. Wayne Fedora, Sr., Planning & Environmental Branch NOTIFICATION FORM rY 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, arid'NWP 40. Certain nationwide permits were issued general certifications and requireno application. They are NWP 3, NWP 4, NWP 5, NWP 7, NW 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. NOTIFICA'T'ION/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 pennittee 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 NATIONAL MARINE FISHERIES SERVICE RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION P.O. Box 33726 Pivers Island Raleigh, NC 27636*3726 Beaufort, NC 28516 Telephone (919) 856-4520 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:-- 199304486 Nationwide Permit Requested (Provide Nationwide Permit ;#): NVJP 33 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Bor. 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. 1. Owners Name: North Carolina Department of Transportation; Planning & Environmental Branch 2. Owners Address: P. 0. Box 25201; Raleigh, NC 27611 3. Owners Phone Number (Home): (Work): (919) 733-3141 4. If Applicable: Agent's name or responsible corporate official, address, phone number. H. Franklin Vick, P.E. Manager 5. Location of work (MUST ATTACH MAP). County: Ashe Nearest Town or City: Idlewood Specific Location (Include road numbers, landmarks, etc.): Bridge No. 12 on SR 1181 over the South Fork New River. 6. Name of Closest Stream/R.iver. South Fork New River 7. River Basin: New River Basin 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [X] NO [ ] 9. Have any Section 404 permits been previously requested for use on this property? YES [X] NO [ ] If yes, explain. NlgP 23 issued 9/23/93 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: N/A 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 196 cubic meters Drained: Flooded: Excavated: Total Impacted: 196 cubic meters J 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Placement--of two -temporary rip rap causeways for work pads to drill for the bridge piers. All rock material will be removed from the river and the area will be reclaimed to natural state. 13. Purpose of proposed work: To replace bridge with a new bridge on location. 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/A 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (N IFS) regarding the presence or any Federally listed orproposed 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 [X ] NO( 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 [x ] NO [ ] 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? 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OF TRXINSPORT 3TION DIVISION OF HIGHW,-IYS ASHE COUNTY PROJECT: 8,2710501 (B-2107) BRG ss12 ON SR1181 OVER SOUTH FORK NEW RIVER BETWEEN YATES AND WEST JEFFERSON SHEET I OF 7 o 0 U C,? 11300 X01 / Lli 1-4 0 'T a z r W G ?. o? z ? U a ,. a; o a z z o G ::1 p? ? O XX) 00< `- 00< O<X C? CO _j w 0w o la m s O r-- Q o E" z E~ 0 ? ? G r ? ' v y ? ti ! z U z 6 9 m ea ? C Q C o z N u X I - Z o LLJ I Lij Ll i n D Q Ln U Q- O 7 O CL z z I ? p O Q \ II {--? - - r - r (7) .- Q_ i O i La ? < - `? i z CC `n N N 1 J . + .? N ' O O co ! ol - , L c Ll / I I ?A ! I L-n ! U ) ' b CCD co _'?' GO z Q q z z Q - w 0 o ?- - w Lf) z Q Q -J U cii N D cc C\i - ?.. N o CO O -' Q 4J z - 1- i i r ° Q - - I - Oz z a a r t5 . ??'K C? J G, v O y L E' C/ J " a n O w N a ray ? n x , C7 U :.7 -a 4 Q o z Z .a v i- z Q 0 L?l w m U) J o ? O G OI Co D? O? ?D; Ln. < Ln? i-n N Ln 3 coi co 00 co co 0 J \!-;,Zf I w ?I( I I Lo, o (n I I 0 Q U . l.n N u? c? W LO C U M ta z m C cc a. C U L LLJ CL z m - C z V M 'M - s o - z i z oz N o ?ro ' Ohm a ? r ? w U -J z ca o o ? U H . o ? N 0 0 `n O CC) Q0I d` N O CO -CC) 03 co CC) co VOLUME OF CLASS II RIP RAP FILL BELOW OHW CAUSEWAY A 23.0n.3 (30yd3) CAUSEWAY B 173.0.,.3 (226yd3) TOTAL 196.n3 (256yd3) TOTAL FILL 180.0.n3 (235yd3) 338.01.13 (442yd3) 518.0 (677yd3) PPI.RCEL NO. 11-113 i('? I-XVUPERTY OWNER N.-IME AND ADDRESS DOWNER'S NAME ADDRESS 2 BOYD, OPEL, BARD ET. AL. EDWARD R. BOYD 3264 LOWER NETTLE NOB ROAD WEST JEFFERSON NC 28694 3264 LOWER NETTLE NOB ROAD WEST JEFFERSON NC 28694