20001450 Ver 1_Complete File_20001107

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
I ILF??AA
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 27, 2000
Gates County
DWQ Project # 001450
APPROVAL of 401 Water Quality Certification
Ms. Kristen Shacochis, NCDOT
Division Environmental Officer
Post Office Box 850
Edenton, NC 27932
Dear Ms. Shacochis:
You have our approval, in accordance with the attached conditions, to place fill material in 0.02 acres of wetlands
and 12 linear feet of streams for the purpose of constructing improvements to SR 1313, as you described in your
application dated November 6, 2000. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit Number 14
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 CAI11A
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 any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Kerr T. Stevens
i%
n
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File Copy
Central Files
Division of Water Quality • Wetlands/401 Unit
4401 Reedy Creek Rd • Raleigh, NC 27607
Telephone [phone] • FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
PAYMENT
RECEIVED
NSTATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DAVID McCOY
SECRETARY
November 6, 2000
U. S. Army Corps of Engineers
Regulatory Branch 001450
P.O. Box 1000
Washington, NC 27889-1000
ATTENTION: Mr. Michael F. Bell, PWS
SUBJECT: Request for Section 404 Authorization for Anticipated Impacts to Waters
and Wetlands Resulting from Improvements to SR 1313 in Gates
County
The Department of Transportation plans to improve SR 1313 in Gates County
from a soil road to a wider paved surface and two pipe additions to improve safety.
These pipes will replace an existing pipe within two separate intermittent streams of the
Duke swamp. Both pipes (existing pipes are presently 32'-18" RCP and 28'-15"RCP)
will need to be extended to a 40-inch concrete metal pipes due road expansion.
Upgrading this road will include two 9 foot travel lanes and 6 foot shoulders. The work
will be contained within a limited right of way, up to 40-feet wide. The planned work is
necessary to bring the existing facilities up to current design standards.
To accomplish the proposed improvements, a small amount of wetlands (0.02
acres) will be filled during the upgrade of the roadway. Since wetland continuums occur
along the boundaries of sections of the project, essentially up to the existing road toe, it is
not possible to avoid impacting these wetlands. The anticipated impacts to wetlands will
be minimized by utilizing 2:1 fill slopes in these areas, a 40-foot right-of-way instead of
the 50-foot, and no ditches on the wetland side.
You will find included with the prior construction notification:
• A map indicating the location of the work:
• Plans of the proposed work on 8.5 x 11 inch paper:
• Brief description of the affected wetlands:
The wetland impacts associated with paving SR 1313 in Gates County (0.02
acres) is a narrow strip of Palustrine wetlands (PFOI -6). Wetlands are
comprised of baldcyress, red maple, lizard tail, Arundinaria, and Jewelweed.
• Names and addresses of adjoining property owners
P.O. Box 850, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
The NC DOT requests that this work be authorized under the proN isions of
Nationwide Permit No. 14. By copy of this letter, the NC DOT also requests that the
North Carolina Division of Water Quality issue the appropriate water quality
certification. A check for $200.00 is attached to cover the permit fees.
Please call me if you require additional information.
Sincerely,
Don Conner, PE
Division Engineer-Divison One
Kristen Shacochis
Division Environmental Officer
cc: Mr. R.E. Capehart, PE, NCDOT
Mr. David Cox, NCWRC
Ms. Sarah Winslow, NCDMF
Mr. Ron Sechler, NMFS
Mr. Tom McCartney, USFWS /
Mr. John Hennessy, NCDWQ ?
Mr. Ted Sampson, NCDCM
P.O. Box 850, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
3/25/96
G0-1_450
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4): 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
2. MAILING ADDRESS: Post Office Box 850
SUBDIVISION NAME;
CITY: Edenton STATE: NC ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): 252-482-7977
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
D. R. Conner, P.E., Division Engineer
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Gates NEAREST TOWN OR CITY: Wiggins Crossroads
27932
(IF DIFFERENT
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
SR1313 Lat N 36 30.406, Long W 76 39.075
6. IMPACTED OR NEAREST STREAM/RIVER: tributary of the Duke Swamp
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?
Farms
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:
n/a
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.02 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.02
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 32 FT AFTER: 40 FT
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER: FT
FT
AVERAGE DEPTH BEFORE: FT AFTER: 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: pipe replacement
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 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): . bulldozer, excavator, dumptrucks
13. PURPOSE OF PROPOSED WORK: grade and pave 1313
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): Road is proposed for improvements to Secondary roads,_
the wetlands occur on a curve within our right of way. No ditches
will be installed on wetland section of road.
16. YG;-; nrE REQUIRED TOOPT-AG£ THE STATE HISTGRIG n.ES?VATIGN of FIG n
(SHPG) (SEE; AGENGY ADDRESSES SHEET) REGARDING THE PRESENGE GF-HISTGRIG
PReP`'RTIi-EEC IN THE PERMIT AREA THIGH MAY E AFFEGTED BY =HS PROPOSED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [] NO [x] (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 [ J NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ J NO [XI
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 [phone].
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? farmland
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/a
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.
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
//Ak o
DATE
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 D:VISIC)N AS-VILIF, FIELD OFFICE
P.O. BOX 33726 PIVERS ISLAND 160 ZILI.ICCA STREET
RALEIGH, NC 27636-3726 BEAUFORT, NC 28516 ASHEVI:LE, ::C 28801
TELEPHONE [phone] TELEPHONE [phone]C90 T EPHCNE(704)665-1195
HISTORIC RESOURCES:
STATE HISTORIC PRESERVATICN OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
TELEPHONE [phone]
STATE REGULATORY AGENCIES:
MR. JOHN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES
4401 REEDY CREEK ROAD
RALEIGH, NORTH CAROLINA 27607
TELEPHONE [phone]
CORPS OF ENGINEERS FIELD OFFICES:
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
6508 FALLS OF THE NEUSE RCAD,
SUITE 120
RALEIGH, NC 27615
TELEPHONE [phone]
WASHINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1000
WASHINGTON, NC 27889-1000
TELEPHONE [phone]
MR. STEVE 3ENTC:i
DIVISION Cr COASTAL w.ANAG?EN
NORTH CARCIINA DEPA7, `lEN^_ OF
ENVIRONMENT, HEA1:3, ;U.-D NA:URAL
SOURCES
POST OFFICE BOX 276c"
RALEIGH, NORTH CAROLINA 2761:-7687
TELEPHONE [phone]
FAX [phone]
ASHEVILLE REGULATORY FIE= OFFICE
US ARMY CCRPS CF ENGINEERS
151 PATTON AVENUE, RCOM _43
ASHEVILLE, NC 2880=-5000"
TELEPHONE ;704) 271-4854
ATTN: CESAW-CC-R
WILMINGTON REG=TCR-1 FI= .D CFFICE
OS AR24Y CCRPS CF ENG:NEE:RS
POST OFFICE BOX 189C
WILMINGTON, NC 284CZ-1890
TELEPHONE [phone]
VICINITY MAP
GATES COUNTY
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ROUTINE WETLAND DETERMINATION
11887 COF Wetlands Delineation Manual)
Project/Site : SR 1313 Date : 9/20/00
Applicant/Owner : DOT County: Gates
Investigator : Kristen Sltacochis State : NC
Normal Circumstances? Yes Community 1D
Significantly Disturbed (atypical)? No Transect ID
Potential Problem Area? No Plot ID : 1
vcoc-r n-r?rin?
Dominant Plant Species Strat. Ind. Dominant Plant Species Strat. Ind.
Quercus phellos tree FACW-
Acer rubrum tree FAC
Liquidambar styracitlua tree FAC+
Arundinaria gigantea herb FACW
Remarks:
Percent Dominance 100.0 Rio
FAC Neutral Test 100.0%
wvnRnl nrv
Recorded Data (described below):
Stream, Lake or Tide Gaug
Aerial Photographs:
Other:
Depth of Surface Water
Depth of Saturated Soil
Depth to FreeWater in Pit
cn
Wetland Hydrology Indicators:
Primary: Water Marks
Drift Lines
Sediment Deposits
0 in Drainage Patterns in Wetlands
4 in
in
Secondary: Oxidized Root Channels in Upper 12
1AU199-Stained Leaves
Soil Series: Drainage Class:
Soil Taxonomy Do Field Observations Confirm dapped Type?
Profile Description: Matrix Mottle Mottle Texture, Concertions
Depth (in.) Horizon (Munsell Moist) (Munscll Moist) Abundance,Contrast Structure, etc.
4 to 10 in B 10 YR 2/1 Clay Loam
Aquic Moisture Regime
Gleyed or Low-Chroma Colors
wl`Tt Amn nFTFRMINATION
Is Hydrophytic Vegetation Criteria met? Yes Remarks:
Is Hydrology Criteria met? Yes
Is Hydric Soils Criteria met Yes
Is Sampling Point Within a Wetland? Yes