HomeMy WebLinkAbout20031384 Ver 1_Complete File_20031103cozbp
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40 1 STATE OF NORTH CAROLINA
DEPARTMENT OF SPORT N
MICHAEL F. EASLEY
GOvERNOR
6
October 27, 2003
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
W. LYNDO TIPPETT
SECRETARY
031334
WETLANDS 1401 GROUP
ATTN: Mr. Richard Spencer NO V 0 3 2003
NCDOT Coordinator
Dear Sir: WATER QUALITY SECTION
Subject: Notification for Nationwide Permit 14 & 33
S R I 173 / Robeson County
State Project Number: 6C.078026 (DWQ Permit Fee $200.00)
The North Carolina Department of Transportation (NCDOT) proposes to replace a culvert along
SR 1173 in Robeson County. SR 1173 is currently an unimproved dirt road that is 0.15 mile in
length and is scheduled for grade, drain, base and pave treatment. A 60 foot Right-of-Way has
been obtained from the property owners along the road. The 60 foot Right-of-Way is necessary
to install a 20 foot paved roadway; 8 foot stabilized grass shoulders and parallel drainage ditches.
Presently, the width of maintenance is 45 foot. .
Twin 52 inch CMP's convey Watering Hole Swamp under SR 1173 at Sta 2+10 (Culvert #1).
The existing culverts are 40 linear feet in length. The culverts have corrosion noted along the
invert and the culvert on the outlet end has been damaged. The upgrading of the culverts will
accommodate future expected flood flows while providing for the additional one-foot burial. The
culvert will be buried the required one (1) foot to accommodate aquatic movements.
Culvert #1 - Replace existing 2-40LF 52"CMP's @ sta 2+10 with 2-48LF 66" CMP's
The construction area will be dewatered to ensure that the work is completed in the "dry". This
project is proposed as a turn key contract project, so, the contractor will be given a choice of the
method of dewatering. Sand bag, jersey barrier or sheeting can be utilized for dewatering
purposes. An impervious textile fabric will be used. All work shall be completed in compliance
with Section 5.3 of the NCDOT's Best Management Practices for Construction and Maintenance
Activities. All water pumped from the construction area shall be directed to a sediment removal
devise.
P. O. Box 1150, Fayetteville, NC 28302-1150 -Telephone (910) 486-1952- Fax (910) 486-1959 t-''
Construction of this project will require impacts to waters of the United States in the Lumber
River Basin. The impacts will occur in the Watering Hole Swamp (C Sw) drainage basin.
Road closure will be incorporated into the installation of the culvert. It is expected that the
closure will cause minor inconvenience to area residents since they do have alternate means of
ingress / egress.
RESOURCESTATUS
A Wetland Delineation / Natural Resource Inventory was conducted within the proposed corridor
of SR 1173. Wetland areas were identified within the 60-foot Right-of-Way. The enclosed plans
demonstrate wetland impacts at the inlet / outlet of the culvert. Jurisdictional lines coincide with
sidecast material from the initial construction of the road and continual maintenance. Watering
Hole Swamp at the culvert location is a still water dra.inageway that exhibits little signs of flow
movement.
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of January 29, 2003 the U.S. Fish and Wildlife Service lists
six federally protected species for Robeson County.
Federally Protected S cies for Robeson Coun
SCIENTIFIC NAME COMMON NAME STATUS
Alligator mississippiensis American alligator T (S /A)
Picoides borealis Red-cockaded
woodpecker E
Rhus michauxii Michaux's sumac E
"E" denotes Endangered (a species that is in danger of extinction throughout
all or a significant portion of its range).
T(S/A)- Threatened due to similarity of appearance, a species that is threatened
Due to similarity of appearance with other rare species and is listed for its
Protection. These species are not biologically endangered or threatened and
Are not subject to Section 7 consultation.
A biological conclusion of "No Effect" was reached for all species during the August 26, 2003
survey for protected species. Protected species were not identified, nor, was the general habitat
for each species identified.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide Permit 14 / 33 and
NCDENR 401 WQC 3404 / 3366 as required by the above-described activities. Minor wetland
impacts (0.015 ac) will occur as the result of this project. Due to the minor impacts, wetland
mitigation is not required.
If you should have any questions, or, need additional information please contact James J. Rerko,
PWS at (910) 486-1952.
incerely,
ames J. rRerko, PWS
ivision 6 Environmental Officer
cc: w/attachments
John Hennessy (DWQ) 7 Copies
Bob Nelson, P.E., District 1 Engineer
cc: w/o attachments
Terry Gibson, P.E., Division Engineer
Ken Murphy, P.E., Division Maintenance Engineer
Gene McKethan, Robeson County Maintenance Engineer
Office Use Only: ® 313 8?fi A Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP#14 & #33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Terry R.- Gibson, P.E. /NCDOT/Div 6/Division Engineer
Mailing Address: P.O. Box 1150
Fayetteville, NC 28302
Telephone Number: 910-486-1493 Fax Number: 910-486-1959
E-mail Address: taibsonQdot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: _ James J. Rerko, PWS
Company Affiliation: NCDOT/Div 6/ Division Environmental Officer
Mailing Address: Same
Telephone Number: 910-486-1952 Fax Number: 910-486-1959
E-mail Address: iirerkoQ,dot.state.nc.us
Pagel of 8
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: SR 1173 (Craig Road)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Robeson Nearest Town: Maxton
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): 1.0 mile east of the intersection
of SR 1174 and SR 1131 along SR 1174
5. Site coordinates, if available (UTM or Lat/Long): 34°38'55"N 79°18'23"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.09 acre
7. Nearest body of water (stream/river/sound/ocean/lake): Watering Hole Swamp
8. River Basin: Lumber River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgp-/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Rural use - existing dirt road
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: Remove
and replace existing deteriorated culverts, twin 40LF 52" CMP's. Proposed culvert
pipes, twin 48LF 66" CMP's, will be installed using a track excavator to excavate and
lift culverts into place. The construction area will be dewatered so that work can
proceed in the "dry".
11. Explain the purpose of the proposed work: Replace deteriorated culvert pipes while
improving SR 1173 to current safety standards (grade, drain, base and pave).
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
None
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts Remove and replace
deteriorated culvert pipes. Additional length of culverts to accomadate 20 foot paved
Page 3 of 8
section with 8 foot stabilized shoulders for safety purposes. The construction area will
be dewatered so that the work area is in the "dry". All temporary fills shall be removed
immediately upon completion of the proiect.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Crossing #1 Fill 0.015 No 0 LF PFOIA
List cacn unpaca separatety ana taerrnry temporary unpacts. impacts mciuae, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htty://www.fema.gov,
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.015 acre
Total area of wetland impact proposed: 0.015 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
Crossing #1 Culvert 8 ft Watering Hole Swamp 7 ft Perennial
I'M Utwn impact separatery ana raenury temporary impacts. impacts mctude, but are not limited to: culverts and associated rip-rap;
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loWgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.tlov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 8 LF
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
Type of Impact* Area of
Impact
Name
Waterbody Type of Waterbody
(lake
pond
estuary
sound
(indicate on map)
(acres) p
(if
applicable) ,
,
,
,
bay, ocean, etc.)
N/A
f T _ _t_
-SL -wu mipma sepa wdy and taermry temporary Impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Proiect will bring SR 1173 un to current safety standards
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
Page 5 of 8
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation is not required for this project.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 0 LF
Amount of buffer mitigation requested (square feet): 0 LF
Amount of Riparian wetland mitigation requested (acres): 0 LF
Amount of Non-riparian wetland mitigation requested (acres): 0 LF
Amount of Coastal wetland mitigation requested (acres): 0 LF
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
I I * Impact Required
Zone f?-,.. -f a+? Multiplier *,r.1.__...__
2
Total
1.5
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
An erosion and sedimentation control plan will be incorporated into the construction plan
XU. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after the-fact permit application?
Yes ? No 0
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
'D.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Culvert Dewatering SR 1173
All water pumped from the construction area Dewatering of the permit area
must be directed to a sediment removal facility shall be completed utilizing sand,
g? bags, jersey barriers or sheeting on
the upstream/downstream and pumped
20' around the project.(typ.)
Impermeable textile
n n fabric (typ.)
Proposed twin 48LF 66" CMP's
Stream bed
Proposed culvert shall be buried 1.0
Remove Existing twin 40LF 52" CMP's, and, foot below existing stream invert
replace with twin 48LF 66" CMP's
R ??
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WATF,9
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Michael F. Easley, Governor
Wiliam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
DwQ Project No.: n- l3 County: 9-C, 'ea
Applicant: TQ ? r v 5 o hl e-207- ?DiU ``
Project Name: //73
Date of Issuance of 401 Water Quality Cerflfcation: 1
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wedands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certifies p'on
I, Tr r FW fn 6 oh . e. 4C-. . hereby state that, to the best of my abilities, due care and diligence
was used in thobservation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other su . g materialf.
Signature: Date:6
Agent's Certification n
I, J Q of C S T /[ e rPo AWy . hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Cqdfication and Buffer Rules, the approved plans and r
specifications, and other upporting mate ri s.
d?
Signature: Date: lot 2
Engineer's Ce
Partial Final
dflM4
I, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the constriction of the project,for the
Penmittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
constriction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 7, 2003
Robeson County
DWQ Project No. 031384
Pipe Replacements on SR 1173 (Craig Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Terry R. Gibson, P.E., Division Engineer
NCDOT Division 6
P.O. Box 1150
Fayetteville, NC 28302
Dear Mr. Gibson:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 8 linear feet of Watering Hole Swamp in order to replace a pipe on SR 1173 (Craig Road) in
Robeson. County. The project should be constructed in accordance with your application dated October
27, 2003 (received November 3, 2003). After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Nos. 3366 and 3404 corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Numbers 33 and 14. 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 with the accompanying 404 permit unless otherwise specified in the Water Quality
Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us, in writing, 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, or if stream impacts exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
1. Riparian vegetation must be reestablished within the construction limits of the project by the
end of the growing season following completion of construction.
2. The culverts shall be designed and installed to allow for fish and other wildlife movement as well as
prevent headcutting of the stream.
3. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water. Rip rap shall not be placed in
the stream bottom.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
ir
NCDOT SR 1173, DWQ # 031384
Page 2
November 7, 2003
4. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
7. All work shall be performed during low flow (below bankfull) conditions.
8. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
10. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please include photographs upstream and downstream of the
structure to document correct installation.
NCDOT SR 1173, DWQ # 031384
Page 3
November 7, 2003
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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Ms. Beth Barnes at 919.715.8394 or Mr. Ken Averitte
of the Fayetteville Regional Office at 910.486.1541.
Sincerely,
Attachment
Pc
. Wilmington District Corps of Engineers
Richard Spencer, USACE Wilmington Field Office
NCDWQ Fayetteville Regional Office
Central Files
File Copy
& ?e
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY.
GOVERNOR
OCTOBER 29, 2003
031334
LYNDO TIPPETT
SECRETARY
John Division of Water Quality WETLANDS 1401 GROUP
Hennessy
2321 Crabtree Blvd.
Suite 250 NOV ®3 2003
Raleigh, NC 27604-2260 WATER QUALIT ySECT!
RE: Culvert Replacement / SR 1173 (Craig Road) / Robeson County ON
State Project # 6C.078026 (DWQ Permit Fee $200.00)
USACOE NWP#14 & 33 / NCDENR WQC 3404 & 3366
Dear Mr. Hennessy:
Enclosed, please find seven (7) copies of a PCN and related documentation for a Minor Culvert
Replacement along SR 1173 in Robeson County. The project will be completed in compliance
with NCDENR Division of Water Quality General Certification 3404 and 3366, and, USACE
Nationwide Permits #14 and 33.
This project is being submitted under the 401 Automated Payment Procedure. The State
Project number is 6C.078026, and, the permit fee is $200.00.
If you should have any questions or comments regarding this notification, please feel free to
contact me.
lincerely
mes J. Rerko, PWS
a
ivision 6 Environmental Officer
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P. O. Box 1150, Fayetteville, NC 28302-1150 - Telephone (910) 486-1952 - Fax (910) 486-1959