HomeMy WebLinkAbout19990433 Ver 1_Complete File_19990330Ir
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 22, 1999
Wilson County
DWQ Project # 990433
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
P.O. Box 25201
Raleigh, NC, 27611-5201
Dear Mr. Gilmore:
You have our approval, as described in your application dated April 12, 1999, and in accordance with the
attached conditions and those listed below, to place fill material in 0.30 acres of wetlands and 100 linear feet
of streams for the purpose of widening and improving Lipscomb Road (SR 1515) from US 264/NC 58-91
(Nash Street) to US 301/NC58 (Ward Boulevard) in Wilson County. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3103. This
certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. This
approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to
streams (now or in the future) exceed 150 linear feet, compensatory mitigation maybe required as described in 15A
NCAC 2H.0506 (h) (6) and (7). ). This approval shall expire with the corresponding Nationwide Permit expires or as
otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in
the attached certification and any additional conditions listed below.
1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected
stream buffers.
2. DOT shall follow guidance provided by DWQ in our May 1997 letter for minimizing damage to
aquatic resources until a final policy is developed in conjunction with DOT.
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.
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1kFA!W'j
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
c:\ncdot\TIP U-3I 18\wqc\990433.doc
Sincerely,
Ste eng
Division of Water Quality • Non-Discharge 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
STA
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
April 12, 1999
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615-6814
E. NORRis TOLSON
SECRETARY
PAYMENT
RECEIVED
ATTN: Mr. Eric Alsmeyer
USACE - Raleigh Office
Dear Sir:
SUBJECT: NATIONWIDE PERMIT 14 APPLICATION FOR THE LIPSCOML
ROAD EXTENSION, WILSON COUNTY, TIP # U-3118. STAT-1:
PROJECT NO. 9.8044596.
Attached is the application packet for the subject project. The North Carolina
Department of Transportation (NCDOT) proposes to widen and improve a 1.6 kilometer
(1.0 mile) section of SR 1515 (Lipscomb Road) from US 264/NC 58-91 (Nash Street) to
US 30l/NC 58 (Ward Boulevard) in Wilson County. The new roadway will consist of a
five lane, 19.2 meter (64 foot), face to face, curb and gutter facility and will include the
existing Lipscomb Road. In addition, exclusive right turn lanes will be added at the
intersection of US 301/NC 58 and Lipscomb Road on both Lipscomb Road and the north
and south bound lanes of US 301. The project was documented in an Environmental
Assessment (EA) dated 7/30/96 and a Finding of No Significant Impact (FONSI) dated
4/25/97. Copies of these documents are available upon request.
ENVIRONMENTAL IMPACTS
Jurisdictional Wetlands. Wetland delineations were conducted using the criteria
specified in the 1987 Corps of Engineers Wetland Delineation Manual. Two wetlands,
associated with two unnamed tributaries crossing the project, will be impacted by project
construction. While both wetlands will be impacted in their entirety, the total impact is
only 0.31 acre. No mitigation is proposed for these impacts. In addition, NCDOT will
evaluate any potential waste and borrow locations in order to avoid possible wetland
impacts.
is
2
Jurisdictional Surface Waters. One jurisdictional stream will be impacted by the
project. This stream has previously been channelized and culverted at-its crossing with
Lipscomb Road. The total impact to the channel is approximately 100 linear feet. No
mitigation is proposed for these impacts.
Threatened and Endangered Species. As of January 15, 1999, the Red-cockaded
woodpecker (Picoides borealis), Dwarf wedge mussel (Alasmidonta heterodon), and
Michaux's sumac (Rhus michauxii) are the only federally-protected species listed for
Wilson County. No suitable habitat was found for both the Red-cockaded woodpecker or
the dwarf wedge mussel. A survey for the Michaux's sumac was conducted on July 18,
1995. No individuals of the species were found during the survey. An additional survey
will be conducted in early summer of 1999. If any individuals are found within the
project area, then the appropriate agencies will be immediately notified and the
consultation process will be initiated.
Cultural Resources. There are no historic or archaeological sites within the area
of potential effect for this project. The State Historic Preservation Office (SHPO) has
concurred that the project will have no effect upon National Register properties or
National Register-eligible archeological resources. However, certification from the N.C.
Cultural Resources is required prior to the approval of any borrow source used on this
project.
It is requested that these activities will be permitted via Section 404 Nationwide
Permit 14. By copy of this letter, we are also requesting the appropriate 401 General
Water Quality Certifications from the NC Division of Water Quality. If you have any
questions or need any additional information, please contact Ms. Beth Smyre at (919)
733-1175.
Sincerely,
1411-
William D. Gilmore, PE, Manager
Planning & Environmental Branch
3
cc: Mr. David Franklin, COE
Mr. John Dorney, NCDWQ
Mr. Whit Webb, P.E., Program Development
Mr. Jerry Page, P.E., Division 4 Design Engineer
Mr. D. R. Dupree, Division 4 Engineer
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NORTH CAROLINA DEPARTMEvr OF
TRANSPORTATION
DIVISION Ol" HIGHWAYS
9 PLANNING AND ENVIRONMENTAL,
,?ys~ RRANCII
SR 1515 (LIBSCOMB ROAD)'
US 2641 NC 58 TO US 301
WILSON
WILSON COUNTY
T. I. P. NO.U-3118
I 0 KILOMETER 1 I
t 1 1 1 FIGURE I
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14
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.
1. OWNERS NAME: NC Dept. of Transportation; Project Development and
Environmental Analysis
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME.
CITY: Raleigh STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
MAILING ADDRESS ABOVE):
25201
(IF DIFFERENT FROM
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., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wilson NEAREST TOWN OR CITY: Wilson
4
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Widening and improvement of Lipscomb Road (SR 1515) from
US 264/NC 58-91 (Nash Street) to US 301/NC 58 (Ward Boulevard
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Neuse
Contentnea Creek
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 [ ] 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?
No
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:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.31 acres
2
1
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.31 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.31
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: Variable FT AFTER: 0 FT
WIDTH BEFORE (based on normal high water contours): 3.0 FT
WIDTH AFTER: N/A FT
AVERAGE DEPTH BEFORE: 0.5 FT AFTER: N/A FT
(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: Placement of culvert in channel
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THL
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Widening and improvement of Lipscomb Road will require
Heavy duty trucks, dozer, crane, and various other construction
Equipment.
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):
Project crosses jurisdictional waters of the United States.
Minimization efforts are outlined in environmental documents.
1%. 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 [ ]
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.
i
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: Urban
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.
41
OWNER'S/AGENT'S SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
AGENCY ADDRESSES
ENDANGERED SPECIES:
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION ASHEVILLE FIELD OFFICE
P.O. BOX 33726 PIVERS ISLAND 160 ZILLICOA STREET
RALEIGH, NC 27636-3726 BEAUFORT, NC 28516 ASHEVILLE, NC 28801
TELEPHONE (919) 856-4520 TELEPHONE (919) 728-5090 TELEPHONE(704)665-1195
HISTORIC RESOURCES:
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 276;:'.
TELEPHONE (919) 733-4763
STATE REGULATORY AGENCIES:
MR. JOHN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT 01
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
4401 REEDY CREEK ROA"
RALEIGH, NORTH CAROLINA 27607
TELEPHONE (919) 733-1786
CORPS OF ENGINEERS FIELD OFFICES:
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
6508 FALLS OF THE NEUSE ROAD,
SUITE 120
RALEIGH, NC 27615
TELEPHONE (919) 876-8441
MR. STEVE BENTON
DIVISION OF COASTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATUP.__
RESOURCES
POST OFFICE BOX 27687
RALEIGH, NORTH CAROLINA 27611-7687
TELEPHONE (919) 733-2293
FAX (919) 733-1495
ASHEVILLE REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
151 PATTON AVENUE, ROOM 143
ASHEVILLE, NC 28801-5006
TELEPHONE (704) 271-4854
WASHINGTON REGULATORY FIELD OFFICE WILMINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1000 POST OFFICE BOX 1890
WASHINGTON, NC 27889-1000 WILMINGTON, NC 28402-1890
TELEPHONE (919) 975-1616 TELEPHONE (910) 251-4511
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CODES
A CONTRACT
B - EXPENSE VOUCHER
C - INVOICE
D - SEE ATTACHED LISPING
E - STATEMENT
F OTHER ' -
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