19960293 Ver 1_Complete File_19960326

State of North Carolina IT4
Department of Environment,
Health and Natural Resources X. 0
Division of Environmental Management
James B. Hunt, Jr., Governor ±91?k
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 29, 1996
Camdem County
DEM Project # 960293
APPROVAL of 401 Water Quality Certification
Mr. Randall Turner
N.C. Dept. of Transportation
P.O. Box 1405
Elizabeth City, NC 27906-1405
Dear Mr. Turner:
You have our approval to place fill material in 0.17 acres of wetlands or waters for the purpose of
upgrading SR 1211 in Camden County near South Mills, as you described in your application dated 19
March 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2732. This certification allows you to use Nationwide Permit
Number 14 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 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,
eston Howard, Jr. P.E.
L V
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
960293.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

STATE OF NOKTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
PO Box 1405
Elizabeth City, NC 27906-1405
Phone: [phone]
Fax: [phone]
March 19, 1996
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment, Health,®
and Natural Resources 40 Aso
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: Mr. John Dorney
Dear Sir:
960290
GARLAND B. GARRETT JR.
SECRETARY
RECEIVED
MAR 2 61996
ENVlRCNMENTAL SCIENCES
The Department of Transportation is proposing to upgrade a section of an
unpaved secondary road (SR 1211) in Camden County. The project area extends from
the intersection with SR 1212 southward (+/-) 0.3 mile. Plans are to provide for two 9-
foot, paved travel lanes, 4-foot shoulders and 2:1 fill slopes. The work will necessitate
filling 0.17 acre of bottomland fringe wetlands.
Since the wetland continuum, which lies immediately adjacent to the project, is
below the headwaters of the Pasquotank River and Dismal Swamp Canal, the work
proposed does not qualify for Nationwide 26 consideration. The attached PDN
application for General Water Quality Certificate Number 2732 and Nationwide 14 is
submitted for your approval. Wetland impacts are shown on the attached drawings.
The project, as proposed, will not impact Areas of Environmental Concern and,
therefore, will not require authorization from the Division of Coastal Management.
Several federally protected species are listed for Camden County by the Fish
and Wildlife Service. The species are: Dismal Swamp southeastern shrew (T), red-
cockaded woodpecker (E), Kemp's ridley sea turtle (E), green sea turtle (T) and
loggerhead turtle M. Since the project does not cross any perennial stream nor does it
impact pine-dominated forested habitat, there will be No Effect to the sea turtles and
the red-cockaded woodpecker. However, suitable habitat for the Dismal Swamp
southeastern shrew (DSss) will be impacted by this maintenance project. Based upon
the current state of understanding of this species' (race's) distribution there are
indications that efforts to delist this species are underway within the Fish and Wildlife
Note: T and E denote Threatened and Endangered
2041
I ?
Page 2
March 19, 1996
Mr. Dorney
Service. It is widely held now that the DSss' distribution includes most of eastern North
Carolina to the piedmont and into parts of South Carolina. This knowledge contrasts
sharply with the previously-held view that the organism was essentially restricted to the
Dismal Swamp environs. This historical view served as the basis for the "Threatened"
status. Given that most experts are supportive of a delisting remedy, it is reasonable to
assume that projects such as the one proposed are not likely to result in jeopardizing
the continued existence of the species. Under the circumstances, recognizing that the
organism is technically still listed, a reasonable biological conclusion is that the project
is Not Likely to Adversely Affect the species.
The previous information is submitted in an attempt to address Endangered
Species Act (Section 7) concerns within the context of the PDN process. By copy of
this letter, the Fish and Wildlife Service is being asked to concur (by tear sheet, if
appropriate) to the biological conclusions given in the preceding paragraph.
Attached you will find seven (7) copies of the Joint Notification Forms and
pertinent maps/drawings that depict the proposed action and show anticipated impacts
to wetlands.
Please contact me at your earliest convenience if you have any questions or
comments.
Sincerely, • ;,,I,,?,y
M. Randall Turner, Environmental Officer
Division One
Enclosures
cc: Ms. Lynn Mathis, DCM
Ms. Candice Martino, FWS
Mr. Mike Bell, COE
Mr. Jerry D. Jennings, NCDOT
I*- . J
ti
401 ISSUED
STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMES B. HUNT JP_ DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR PO Box 1405 SECRETARY
Elizabeth City, NC 27906-1405
Phone: [phone]
Fax: [phone]
March 19, 1996 (,,...? st,
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment, Health
and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: Mr. John Dorney
Dear Sir:
The Department of Transportation is proposing to upgrade a section of an
unpaved secondary road (SR 1211) in Camden County. The project area extends from
the intersection with SR 1212 southward (+/-) 0.3 mile. Plans are to provide for two 9-
foot, paved travel lanes, 4-foot shoulders and 2:1 fill slopes. The work will necessitate
filling 0.17 acre of bottomland fringe wetlands.
Since the wetland continuum, which lies immediately adjacent to the project, is
below the headwaters of the Pasquotank River and Dismal Swamp Canal, the work
proposed does not qualify for Nationwide 26 consideration. The attached PDN
application for General Water Quality Certificate Number 2732 and Nationwide 14 is
submitted for your approval. Wetland impacts are shown on the attached drawings.
The project, as proposed, will not impact Areas of Environmental Concern and,
therefore, will not require authorization from the Division of Coastal Management.
Several federally protected species are listed for Camden County by the Fish
and Wildlife Service. The species are: Dismal Swamp southeastern shrew m, red-
cockaded woodpecker (E), Kemp's ridley sea turtle (E), green sea turtle (T) and
loggerhead turtle M. Since the project does not cross any perennial stream nor does it
impact pine-dominated forested habitat, there will be No Effect to the sea turtles and
the red-cockaded woodpecker. However, suitable habitat for the Dismal Swamp
southeastern shrew (DSss) will be impacted by this maintenance project. Based upon
the current state of understanding of this species' (race's) distribution there are
indications that efforts to delist this species are underway within the Fish and Wildlife
Note: T and E denote Threatened and Endangered
?J
C•y?
Page 2
March 19, 1996
Mr. Dorney
Service. It is widely held now that the DSss' distribution includes most of eastern North
Carolina to the piedmont and into parts of South Carolina. This knowledge contrasts
sharply with the previously-held view that the organism was essentially restricted to the
Dismal Swamp environs. This historical view served as the basis for the "Threatened"
status. Given that most experts are supportive of a delisting remedy, it is reasonable to
assume that projects such as the one proposed are not likely to result in jeopardizing
the continued existence of the species. Under the circumstances, recognizing that the
organism is technically still listed, a reasonable biological conclusion is that the project
is Not Likely to Adversely Affect the species.
The previous information is submitted in an attempt to address Endangered
Species Act (Section 7) concerns within the context of the PDN process. By copy of
this letter, the Fish and Wildlife Service is being asked to concur (by tear sheet, if
appropriate) to the biological conclusions given in the preceding paragraph.
Attached you will find seven (7) copies of the Joint Notification Forms and
pertinent maps/drawings that depict the proposed action and show anticipated impacts
to wetlands.
Please contact me at your earliest convenience if you have any questions or
comments.
Sincerely,
M. Randall Turner, Environmental Officer
Division One
Enclosures
cc: Ms. Lynn Mathis, DCM
Ms. Candice Martino, FWS
Mr. Mike Bell, COE
Mr. Jerry D. Jennings, NCDOT
966293
DE-Ni I D: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NNYP-14
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
U.S. ARMY CORPS OF ENGINEERS
REGULATORY FIELD OFFICE
0512 Falls of the Neuse Road
Suite 105
Raleigh, NC 27609
ATTiv': Mr. Michael Smith
Chief 'Northern Section
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT. HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC: 27626-0535
ATTN: MR. JOHN DORNEY
Telephone: [phone]
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 ENVIRON'MEN'TAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: M. Randall Turner
2. Owners Address: P.O. Box 1405. Elizabeth City. NC 27905-144,5
3. Owners Phone Number (Home): [phone] (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phono number:
5. Location of work (MUST ATTACH MAP). County: Camden County
Nearest Town or Citv: South N- 1111s
Specific Location (,.Include road numbers, landmarks, etc.`): SR 1211 from SR 1212 to 90' curve
0. Name of Closest Stream/River: Lake Drummond Canal
7. River Basin: Pasauotank
8. Is this project located in a watershed classified as Trout, SA, HQ\t', ORW, WS I, or WS II`:' YES [ ] NO [ X ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [ X ]
If yes, explain.
10. Estimated total number of acres of waters of the U. S., including wetlands. located on project site: 0.34 acre
11. Number of acres of waters of U. S., including wetlands, impacted by the proposed project:
Filled: 0.17 acre
Drained:
Flooded:
Excavated:
Total Impacted: 0.17 acre
12. Description of proposed work (;attach PLANS-81;'2"X 11"drawings only): I`pgrade of existing unpaved
secondary road; work includes regrading dressing of shoulders and slopes, slight widening of footprint to
accommodate two 9-foot wide travel lanes and 4-foot shoulders; fill sections will be graded to 2:1 slopes
13. Purpose of proposed work: Programmed Secondary Road improvement
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken
to minimize wetland impacts. Existing roadway was constructed adjacent to and/or partly in a wetland. Proposed
.improvements can not be accomplished without widening at wetland-roadway interface. Fill slopes are held to 2:1
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
cN1viFS) regarding the presence of anv Federal1v listed endangered or threatened species or critical habitat in the
permit area that maybe affected by the proposed project. Have you done so? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FOR WARDED TO CORPS.
Note: See Attached
16. You are reauired 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 dome so? YES [ ] NO [ X ]
`rote: No structures are in the project area
RESPONSE FROM THE SHPO SHOULD BE FORD ARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. See Attached Drawings
B. If available, representative photograph of wetlands to be impacted by project. Not Available
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. N/A
D. If a stormwater management plan is required for this project, attach copy. N/A
E. Nt'hat is land use of surrounding property? Agricultural/Residential
F. If applicable, what is proposed method of sewage disposal'? N/ A
Owner's Signature Date
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Department of Transportation
Division of Highways
County: Camden
Quad: South Mills
Basin: Pasquotank River
Project: Upgrade +/- 0.3 mi
of SR 1211 South of SR 121
Date: 03/19/96
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Department of Transportation
Division of Highways
County: Camden
Quad: South Mills
Basin: Pasquotank River
Proj ect:Upgrade +/- 0.3 mi
of SR 1211 South of SR 121
Date: 03/19/96
Section Views
Sheet 5 of 5