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HomeMy WebLinkAbout19990878 Ver 1_Complete File_19990803State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 ?• NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 14, 1999 Beaufort County DWQ Project # 990878 APPROVAL of 401 Water Quality Certification Bill Gilmore NC DOT PO Box 25201 Raleigh NC 27611-5201 Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions, to place fill material in 0.6 acres of wetlands or waters for the purpose of improving SR 1776, Beaufort County, as you described in your application dated July 30, 1999. 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 National Permit Number 26 when the Corps of Engineers issues it. 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. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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 send us 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 conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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, N.C. 276 1 1-7447. 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 15r?estions, please telephone John Domey at 919-733-9646. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office File Copy Central Files Tanner Holland, NC DOT S' rely, Wrr.s 990878.1tr Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetlandc.html MEMORANDUM TO: John Dorney Regional Contact: Brad Shaver Non-Discharge Branch WO Supervisor: Jim Mulligan Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NC DOT SR 1776 County Beaufort Project Number 99 0878 County2 Recvd From DOT Region Washington Received Date 8/3/99 Recvd By Region 8/24/99 Project Type paving Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE 26 F__O Y -@)N rF_- 29-34-(38) SA r NSW 30,307. 0.60 rF- rF- F- O Y _0N I - F- ?I - ?- f - I I--F_-? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y .O N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y QQ N Is Mitigation required? 0 Y O N Recommendation: 0 Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Submitted 9/8/99- cc: Regional Office Central Office Page Number 1 Facility Name NC DOT SR 1776 Project Number 99 0878 County Beaufort Regional Contact: Brad Shaver Date: Comments (continued from page 1): cc: Regional Office Page Number 2 Central Office -- O5-TA 1, ? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR 13.0.130X 25201. RALEIGH, N.C. 2761 1-5201 July 30, 1999 U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 ATTN: Mr. Mike Bell NCDOT Coordinator Dear Sir DAVID MCCOY SECRETARY RECEIV6 SUBJECT: NATIONWIDE PERMIT 26 APPLICATION '1'O IMPROVF SNAKE ISLAND ROAD, SR 1776, IN BEAUFORT COUNTY, WORK ORDER # 6.152405. The North Carolina Department of Transportation (NCDOT) proposes to widen and pave Snake Island Road (SR 1776) in Beaufort County. The proposed project is a 1.75 mile long project (see vicinity map). The proposed cross section will consist of a 5.5 m (18 foot) paved surface with 1.2 m (4 foot) shoulders. The proposed project was processed as a State Minimum Criteria Project. Summary of project impacts: There are two wetland areas located within the existing right of way of the project (see figures). Wetland A (STA 57+50 to 59+00) is a black needlerush (Iuncus roemerianus) marsh. We were able to avoid impacting this area during design by reducing the shoulder width and paving only on existing location through this 150 foot section. The project will impact wetland B (STA 94+00 to 100+54), a disturbed wetland, along the northern end of the project. The vegetation in this 0.60 acre area is composed of wax myrtle (Myrica cerifera), silverling (Baccharis halimifolia), common cattail (Typha latifolia), and sawgrass (Cladium mariscus jamaicense). An onsite meeting was held on 26 May 1999 with the North Carolina Division of Coastal Management (DCM). The DCM determined that the work in this wetland area would not require a North Carolina (NC) CAMA or NC Dredge and Fill permit as documented in the attached letter dated 15 June 1999. Endangered Species: As of May 13, 1999 the bald eagle (Haliaeetus leucocephalus), Kemp's ridley sea turtle (Lepidochelvs kempii), the manatee (D-ichechus manatzts), the red-cockaded woodpecker (Picoides horealis), sensitive jointvetch (Aeschynomene 9 3 . (riu cz_ m rn C, C) ri C:s Q PI ION1 (919) 731-2520 FAX (919) 733-9150 virginica) and the rough-leaved loosestrife (Lysimachia asperulaefolia) are the only federally-protected species listed for Beaufort County. Due to the narrow scope of the project and lack of large water resources within the project limits, NCDOT evaluation of the Kemp's ridley sea turtle and the manatee resulted in a Biological Conclusion of No Effect. During field surveys, suitable habitat was not found for the red-cockaded woodpecker and the Bald Eagle, therefore, resulting in a Biological Conclusion of No Effect. A plant-by-plant survey for sensitive jointvetch and rough-leaved loosestrife was conducted by NCDOT biologists on July 8, 1999. No individuals of these two species were found during the survey. Enclosed please find the project site map, the preconstruction notification form, and drawings for the referenpg4 proftct. Application is hereby made for Department of the ., Army Section 404 Natiotiwide Permit 26 for the above-described activities. We also request a 401 Water Quality Cert ification from the Division of Water Oualitv. In compliance with Section 143-215.3D(e) of the NCAA we have enclosed a check for $475.00 to act as payment for processing the section 401 permit application. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources. Division of Water Ouality. for tncir review It is requested that these activities will oe permitted under a Section 404 Nationwiuc Permit 26. If you have any Questions or need any additional information, please conuic, Mr. Tanner Holland at (919) 733-1200. Sincerely, William D. Gilmore, PE, Manager Project Development & Environmental Analysis cc: w/ attachment Mr. David Franklin, COE, Wilmington Mr. John Dorney, NCDWQ Mr. David Cox, NCWRC Mr. D. R. Taylor, P.E., District Engineer Mr. William Rogers, P.E., Structure Design w/o attachment Ms. Debbie Barbour, P.E., Roadway Design (acting) Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Mr. A. L. Hankins, P.E., Hyraulics Mr. C. E. Lassister, Jr., P.E., Division Engineer m Y / ?? tD o I rD ?vaa.l ID d fD N C v v ?z ; o a In ? z > ? > a o n d t0 m = f of a 3 3 N W 3 ? o d M w i z * i m * * 1/e /1 ?* * * ego r ?. / R r r?rr. ? ?Cir r/? l n -1 / QI N L4 v / / / T `n I r ? / rb / ` 4 00 / / G? / a / lk / r ` r rte Ipr09 1 I 1/ ?• I I 1 ,?J 1 i I I I 1 ;p 1 ? I I 1 ? ? 1 I I ? `+ 1 I I ?l b f'bf+ 1d Q ? I Z9 1 d `0 1 1 I I fj p I = y I?d ,p. W I ?p ?I ni I Q %p I y I a ? C? I S'19+ f9 .3d b II 4 ?? b ? 1 ' 1 t ,? 1 ld 450 ?', (7 \ X + Sly"?S !d ? r -? o p T u n II n n r N? 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V/ < Cfl z o \\ \ \\ G) 0 ovicl O m `? nA \ c z z rn r- D 0 y X z x A v D m to m z D D D Z A G7 z r N m c v aw z :il n -4 m v z o • O T NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT CDENR 15 June 1999 ES B. HUNTJR. ERNOR Mr. Tanner Holland Environmental Specialist 'Na MCOEVITT North Carolina Department of Transportation R67ARY Post Office Box 25201 Raleigh, North Carolina 27611 Mr. Holland: INA:"L1C MORRFT`': stsrog This letter is in reference to our 26 May 1999 meeting on Snake Island Road (SR 1776) at Pamlico Point. Also in attendance were Mr. Dannv Taylor, Mr. Mii: Wood and Mr. Darren Pate from NC Department of Transportation and Mr. Davic. Moye from the Division of Coastal Management. The subject of the meeting was tnt proposed paving of SR 1776 and associated wetland impacts of the project. We visited two sections of the existing fill road to determine if work in either of the areas would require a CAMA or Dredge and Fill permit from this office. The first area we visited is in a coastal wetland dominated by Juncu° roemerianus, and activity in this area would require a CAMA and Dredge and Fill permit if the footprint of the existing road is enlarged. Mr. Danny Taylor and I discussed the minimum requirements for a road in this section. He stated that he required nine feet of pavement and a four foot wide ditch on either side of the center line of the road, for a footprint of 13 feet on each side. We measured the existing fill road and associated ditch and determined that the current footprint is 14 feet from the center line. As proposed, the work will not increase the present footprint and will not require a permit from this office. The second area to be impacted is an isolated wetland with no visible connection to the nearby waterbodies. An additional site visit was conducted on 7 June 1999 to determine if the 8" fiberglass pipe you mentioned in your email to David Moye provided tidal flow into the wetland area. The pipe passes under the road and connects the drainage ditch to a canal on the west side of the road. There is a sand berm between the ditch and wetland that blocks water exchange between the two. Although coastal marsh species are present, the area is not subject to regular or irregular flooding; therefore, a permit from this office is not required for the proposed work. WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL, WASHINGTON, NC 27889 PHONE 2S2-946-6481 FAX 252-975-3716 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST-CONSUMER PAPER F Mr. Tanner Holland 15 June 1999 Page 2 I appreciate your concern and effort to comply with the permit requirements of this Division and encourage you to continue to consult with representatives of this Division for future questions regarding CAMA jurisdiction. If you have any other questions about this or other matters, please call me at (252) 946-6481 ext. 299. Sincerely, Tracey L. Wheeler Coastal Management Representative cc: Terry Moore - District Manager, Washington Regional Office, DC1V1 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 9): 26 PRE-CONSTRUCTION NOTIFICATION APPLICATION 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. I. OWNERS NAME: N.C. Dept. of Transportation; Project Development and Environmental Analysis Branch 2. MAILING ADDRESb: Post Office Box 25201 CITY: Raleigh SUBDIVISION NAME: 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: William D. Gilmore, P.E., Branch Manager 5. LOCATION.OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Beaufort NEAREST TOWN OR CITY: Wades Point 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The proposed project is located in Beaufort County, north of Pamlico Beach. The proposed project is along Snake Island Road (SR 1776). 6. IMPACTED OR NEAREST STREAM/RIVER: Pungo River RIVER BASIN: Tar-Pamlico 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: The project is in the vicinity of the Pungo River. " IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[x] fdu[ 7c. TF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOF LIST OF COASTAL COUNTIES), WHAT TS THE LAND USF PLAN (LU11) DESIGNATION. Agriculture b•orested 8a. FiAVE ANY SECTION 4U4 PERMITS BEEN PPEV_T_OUSLY REQUESTED FOP. USE ON THIS PROPERTY? YES I J NO ; x] -[F YES, PROVIDE F,C';'ION I . D. NUMBE'_t PREVIOUS PERNI;' AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTII ICATION) : 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: +/- 0.60 acres 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: +/- 0.60 EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: +/- 0.60 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: i'. (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT ^_?" OPEN CHANNEL RELOCATION: PLACEMENT PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION Oi' A DAM/FLOODING' 0 'a!E 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND': WHAT IS THE EXPECTED POND SURFACE ARET.:' _ 1-`. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF T'iPF OP' MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Widening of existing roadway. Heavy duty trucks, aozer, crane, and other various mechanical equipment necessary for construction of road. 13. PURPOSE OF PROPOSED WORK: Public Transportation 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): The widening and alignment location crosses a juridisdictional wetland. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS 0 THE USE OF PUBLT C ( STF.TE ) LAi YES [XI NO I i :. , GU TO 1P) a. IF YE`?, DOES THE PROJECT REQUIRE PP.EPARATION OF AN ENVIRONMENTAL DOCUMENT PU}?.SUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY AC` YES [) NO [x] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF' ADMINISTRATION STATE CLEARINGHOUSE" YES ( ] NO [ ] 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. 4 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? Forested f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DEPOSAL? 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 PERM!'... 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, ANJ 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. 7 n /17) ? nlT2? OWNER'S/AGENT' SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5