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HomeMy WebLinkAbout19970101 Ver 1_Complete File_19970210State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
10"r FA
to 01
11D E_= F=1
July 15, 1997
Bladen County
DWQ Project # 970101
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
H. Franklin Vick, P.E.
Manager, Planning & Environmental Branch
North Carolina Department of Transportation
#1 Wilmington Street
Raleigh, NC, 27611
Dear Mr. Vick
Your have our approval, in accordance with the attached conditions and those listed below, to fill in 0.30 acre of
wetlands and surface waters for the purpose of widening NC 87 from NC 20 to NC 131, as you described in your
application dated February 3, 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers. This Certification replaces one issued on April 8, 1997.
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 and you may be required to send us a new application. If
total wetland fills for this project (now or in the future) exceed one acre, 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.
This approval includes a 5.5 mile segment (R-2562 B) of a 28 mile long project. We understand that 401/404
Permit Applications for the remaining portions of the project (R-2562A, C, and D) will be submitted in future years.
The wetland impacts associated with this segment will be counted toward the project total wetland impact, and will be
accounted as such by DWQ. It is NCDOT's responsibility to keep track of the total impact area associated with the
project.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
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, NC, 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 telephone John Dorney at 919-733-1786.
Sincerely, `
oward, Jr., P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Feld Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files
970101.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Q??
?EHNR
April 8, 1997
Bladen County
DWQ Project # 970101
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
H. Franklin Vick, P.E.
Manager, Planning & Environmental Branch
North Carolina Department of Transportation
#1 Wilmington Street
Raleigh, NC, 27611
Dear Mr. Vick
Your have our approval, in accordance with the attached conditions and those listed below, to fill in 0.30 acre of
wetlands and surface waters for the purpose of widening NC 87 from NC 20 to NC 131, as you described in your
application dated February 3, 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3103. 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 except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If
total wetland fills for this project (now or in the future) exceed one acre, 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.
This approval includes a 5.5 mile segment (R-2562 B) of a 28 mile long project. We understand that 401/404
Permit Applications for the remaining portions of the project (R-2562A, C, and D) will be submitted in future years.
The wetland impacts associated with this segment will be counted toward the project total wetland impact, and will be
accounted as such by DWQ. It is NCDOT's responsibility to keep track of the total impact area associated with the
project.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
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, NC, 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 telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Feld Office
Fayetteville DWQ Regional Office
Vr.;Jtjtin Dom:
Central Files
How , Jr., P.E.
970101.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
NCDOT/P&E BRANCH
Fax:919-733-9794
Jul 3 '97 1310 P.02
&"Wall
''rroW.,?
JAMES B.1-IuNT JR.
Govlimop'
STATE of NORTH CARouNA
DEPARTMENT of TXANS1'C7mnoN
DIVISION OF HIGHWAYS GARLAND B. GARRiw JR
P.O. BOX 2S101. RALEIGH, N.C. 27691-$201 SmitrrARY :
July 3, 1997
Department of Environment, Health
and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, Noah Carolina 27607
Attention: Mr. John Dorney
Subject: NC 87, from NC 20 to NC 131; Bladen County; State; Project No.
6.439001T; TIP No. R-2562 B; DWQ #970101.
Dear Sir:
As you are aware, the Department of:Transpottation (DOT) proposes to wider, NC
87 from NC 20 to NC 131 in Bladen. The Division of Water Quality (DWQ) issued a
Section 401 Water Certification on April 8, 1997. This water quality certification was
intended for use with a Section 404 Nationwide 14 permit. It has come to our attention
that the Corps of Engineers (COE) issued a Section 404 Nationwide 26 permit for this
section of the project. The DOT believes that the filling of wetlands associated with this i
project will be accomplished before the expiration of this nationwide permit. The DOT is
asking that the DWQ reauthorize-the road construction filling of wetlands under a 401 1
Water Quality Certification appropriate for a Section 404 Nationwide 26 permit.
Thank you for your assistance with this project. If you have any questions, please:
wntact Mr. Phillip Todd at 733-7844, Extension 314.
Sincerely,
David Robinson, P.E., Ph.D.
Assistant Branch Manager
Planning and EnviTournental Branch
?s
JUL 03 '97 02:25PM
Pfiesteria-Like Sores
July 3, 1997 - 10:58 EDT
P.1/1
Havelock -- Fish with pfiesteria (figs-T'ERR'-ee-uh)-like sores have been found in Clubfoot Greek in the
lower Neuse River basin,
The Ncusc River Rapid Response Team went to Clubfoot Creek yesterday after volunteers reported fish with
sores. The creek is about eight miles cast of Havelock.
Tice team's data analysis expert. Mike Thomas, said the team, found one in every five small menhaden showed
damage from pfiesteria.
Pfiesteria was found two weeks ago at Vandemere Creek in Pamlico County. Since then, reports of fish with
pfiesteria like sores have moved upstream.
Qpyright Cc?1997Associated Freas All rights rem is material may not he tlublishe br(lc?dcc?st,
rewritteig. or dlstrib ted
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Last updated on duly 3, 1997 ai 1(7:59 AM
Copyright 0-1997 Ca itol Broadm tin Company, Raleigh, NC, Comments or questions? iv us feedback.
Fish in Louver Neuse River Found With
r
STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY
February 3, 1997
U. S. Army Corps of Engineers
Regulatory Field Branch
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN: Mr. Cliff Winefordner
Chief, Southern Section
Dear Sir:
Subject: NC 87, from NC 20 to NC 131, Bladen County; State Project
No. 6.439001T, TIP No. R-2562 B.
The North Carolina Department of Transportation (NCDOT) is proposing to
widen and improve NC 87 from its existing two-lane section to a four-lane divided section
with a 46-foot wide grass median. Through the towns of Dublin and Tarheel, NC 87 will
be widened to a five-lane curb and gutter facility. The subject project has a length of
28 miles. The project begins east of I-95 and continues south to the Elizabethtown
Bypass. Table 1 contains information concerning the construction schedule for the
project.
AA I-95 to SR 2232 July 1999
AB SR 2232 to NC 20 July 1999
B NC 20 to NC 131 March 1997
C NC 131 to SR 1191 October 2004
D SR 1 191 to Elizabethtown Bypass October 2004
J
NO
2
The State Environmental Assessment (SEA) for the project was approved on
July 7, 1993. The State Finding of No Significant Impact (FONSI) was approved on
March 28, 1995. These documents include studies that investigated impacts to natural
systems and protected species for the project. Copies of these documents have been
provided to regulatory agencies involved in the permit review process.
The primary concern of this letter is Section B of the project, widening and
improving NC 87 from NC 20 to NC 131. This section has a length of 5 miles.
Construction of the proposed project will necessitate impacts to waters of the United
States. Impacts to waters of the United States total 0.30 acre. One wetland site will be
filled by the proposed construction. This site has a total impact of 0.27 acre. Surface
waters and wetlands will be affected by extending a pipe, and the total impact associated
with this extension is 0.03 acre. Plan sheets and a summary sheet are attached to this
letter.
The DOT had initially planned to utilize a Section 404 Nationwide Permit 26 for
the project (see June 1996 memo). However, based on changes in the Section 404
Nationwide permits, the DOT is seeking authorization under a Nationwide Permit 14 to
construct the proposed project. Application is also made for 401 Water Quality
Certification by the Division of Water Quality.
Thank you for your assistance. If you need any additional information, please
contact Mr. Phillip Todd at (919) 733-7844, Extension 314.
Sincere y,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: Mr. Scott McLendon, COE
Mr. John Dorney, DWQ
Mr. David Cox, NCWRC
Mr. Tom Shearin, P.E., Roadway Design
Mr. Kelly Barger, P.E., Program Development
Mr. Don Morton, P.E., Design Services
Mr. A. L. Hankins, P.E., Hydraulics
Mr. William Rogers, P.E., Structure Design
Mr. W. F. Rosser, P.E., Division 6 Engineer
DEM ID: 10061
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14
PRE -CONSTRUCT = ON NOT = F =CAT 2 ON APPL 2 CAT = ON
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: N.C. Dept. of Transportation; Planning & Environmental
2. MAILING ADDRESS: P. O. Box 25201
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE 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 (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Bladen NEAREST TOWN OR CITY: Tarheel
CORPS ACTION ID: 199304806
1
USGS Topographic Quad - Tarheel
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): NC 87 between NC 20 and NC 131
6. IMPACTED OR NEAREST STREAM/RIVER: Cape Fear River
RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT,
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS
(WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN: _
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
TIDAL SALTWATER (SA),
(ORW), WATER SUPPLY
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.30 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.30 acre EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.30 acre
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING :
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Equipment for road construction. Widen and improve existing roadway.
FT
FT
FT
FT
3
13. PURPOSE OF PROPOSED WORK:
Public roadway widened and improvement.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
This proposed activity is the alternative with the least amount of
adverse impacts.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF 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. DATE CONTACTED: May 9, 1991 (EA
Appendix) (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: September 28, 1993 (Appendix for FONSI)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [X] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO []
4
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Scattered mix of
residential and agricultural uses.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
OW ER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
l I?'lq
7DATE
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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VICINITY MAP SHOWING LOCATION
OF STATE PROJECT 6.439001T
N.C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
BLADEN COUNTY
PROJECT 6.439001T (R2562B)
WIDENING NC 87
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Site No.
1.
2.
Summary
Culvert Type/Size Fill in Wetlands Fill below OHW Total it
NA 0.11 Ha. NA 3050 m3
600 mm RCP 0.01 Ha. 20 m3 90 m3
0.12 Ha. 20 m3 3140 m3
NOTE: All Sites are above headwaters
PROPERTY OWNER
OWNERS NAME
PARCEL NO.
16
20
62
55
NAME AND ADDRESS
PROJECT NO.6.439001T (R2562B)
WIDENING OF NC 87
BLADEN COUNTY
ADDRESS
BERLINE MELVIN STUBBS
COLON PURDIE
JIM24IR N. RAY
ORMSBY M. TESTERMAN
2417 STUART AVENUE
RICHMOND, VA 23220-3413
ROUTE 1 BOX 172
TAR HEEL, NC 28392-9720
ROUTE 1 BOX 183-B
TAR HEEL, NC 28392-9720
2421 MARSHALL PLACE
/a EMILY HUBBARD
CHARLOTTE, NC 28203-9720