19960178 Ver 1_Complete File_19960312

State 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
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March 15, 1996
Craven County
DEM Project # 960178
State Project No. 5.1751
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
Planning and Environmental Branch
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose of replacing
Bridge No. 58 over Flat Swamp on SR 1258, as you described in your application dated 8 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. This Certification is valid so long as
the bridge replacement does not remove an anadromous fish spawning run. 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 Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Alice Gordon; NC DOT
Pr ston Howard, Jr. P
Environmental Sciences Nanch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
960178.1tr
FAX # [phone]
StATJ
STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201
March 8, 1996
Regulatory Branch
U. S. Army Corps of Engineers 401 ISSUED
Wilmington Field Office
P. O. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Mr. Cliff Winefordner
Chief, Southern Section
Dear Sir:
GARLAND B. GARRETT J R.
SECRETARY
RECEIVED
MAR 12 1996
ENVIRONMENTAL SCIENCES
•'^1..)
Subject: Craven County, Replacement of Bridge No. 58 over Flat Swamp on
SR 1258, State Project No. 5.1751.
The North Carolina Department of Transportation proposes to replace bridge number 58
over Flat Swamp on SR 1258 in Craven County with a 102-inch diameter, triple-barrel
corrugated steel pipe culvert with headwall.
The drainage area upstream of the project site is 6.1 square miles. The average daily flow
is 7.0 cfs. Less than 0.02 acres of,,vetlands will be filled, and less than 0.01 acres of fill
will be placed below ordinary high water.
It is anticipated that this construction activity qualifies for Federal authorization pursuant
to the pre-discharge notification provisions set forth in fiat on%vide Perr it 33CFR
330.5(a)(14). Appiication is hereby made for Department of Army permits as required for
such activities. Enclosed please find a pre-discharge notification form and permit
drawings for this project.
In addition we are hereby requesting a 401 Water Quality Certification from the Division
of Environmental Management. By copy of this letter v,-e are also requesting comments
from the U.S. Fish and Wildlife Service of any federally listed or proposed threatened or
endangered species or critical habitat, and from the State Historic Preservation Office
regarding the presence o` any historic propefties in the area. The Division of Coastal
Management has inspected the site and concluded that the waters of Flat Swamp do not
fall under the jurisdiction of the DCM and, therefore, no CAMA permit is needed.
9
2
If you have any questions, or if we may provide any further information, please contact
GIs. Alice N. Gordon at [phone], Ext. 307.
Sincerely,
H. Franklin Vick, PE, Manager
Plannincz and Environmental Branch
HF`'/plr
cc: w/attachment
Mr. Ernie Jahnke, COE Wilmington Field Office
Mr. John Dorney, NCDEHNR, Division of Environmental Management
Ms. Catherine Doak, USFWS, Raleigh
Mr. Ron Sechler, NMFS, Beaufort, North Carolina
Mr. David Brooks, SHPO, Raleigh
Mr. A. L. Hankins, PE Hydraulics Unit
Mr. Jimmy Lee, P.E., Bridge Maintenance Unit
Mr. G. R. Shirley, Jr., P.E., Division 2 Engineer
NOTIFICATION FORM
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 PERMfT 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, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DENI), NL NVP 25, NNNNT 27, XWP 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. NOTIFICATION/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 permittee 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
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
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 [phone]
Information obtained from these agencies should be forwarded to the Corps.

DEM ID: ACTION ID.
Nationwide Permit Requested (Provide Nationwide Permit #):
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS ' DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] 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 ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: N C Dept of Transportation; Planning and Environmental Bltanch
2. Owners Address: P 0 Box 25201; Raleigh-K-27611
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Franklin Vick P.E.
Manager
5. Location of work (MUST ATTACH MAP). County: Craven -
Nearest Town or City: Fort Barnwell
Specific Location (Include road numbers, landmarks, etc.): SR 1258 over Flat Swamp
6. Name of Closest Stream/River: Flat gwsmp -
7. River Basin: Neuse
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO $4
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO YX]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Approximately 0.05 acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0 nq arre -
Drained:
Flooded:
Excavated:
TotalImpacted: n .n3 a r
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Replacement of
bridge with 3 barrel corrugated steel culvert
13. Purpose of proposed work: Public Transportation
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
Project is a bridge over waters of the US.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed 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? -YESAX ] 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? Woods and swamp
F. If applicable, what is proposed method of sewage disposal? NI/ A
6 P • W
O er s Signature Date

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