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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 01?W'A 10 _01ft Now 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 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper f 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 I ]icy, IYA 00 Y -? ua A-1 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 m m m m 0 m O T Cl) c C3 0 m O 0 0 m m Mi 0 » 0 H K m z > c z 30 > m m H rxl C t ? p N a- m H i H ..o Mi US m C< O 33 m m i H m mo t? D r m l"y y, H H 0 z D i?: H O c H z __ ________________________________ C 1 W v i"f C7 O m c - -------------------------------- H C" rn O z n O m -q D N N 0 v Q c G? a --------------------------------- z CD C) o a v D C7 2 m n a m m 0 'M c cn z D D z z 0 -P TN V J N N -P i-A N Cl co o -n m _ a o z Zan 0 m Oi O M -n? D 710C n n?z moH z0 N Qt N N v m Q i N +7 i ua CODES A CONTRACT B - EXPENSE VOUCHER C - INVOICE D - SEE ATTACHED LISPING E - STATEMENT F OTHER ' - t i