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
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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
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• 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