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HomeMy WebLinkAbout20040687 Ver 1_Complete File_20040428F W ATF Michael F. Easley, Governor \O?0 9oG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director O 'C DWQ Project No.: loft V D1$7- Applicant: Project Nan County: 6Ar 1 +t k Date of Issuance of 401 Water Quality Certification: s"--10 -05- 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/Wetlands 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 Certification I, , 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 Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , 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 Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial _/ Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee 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 Cert' ication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. 6 ZZO¢ Z Date ?ad ?;- R O? \ NA T F9 Michael F. Easley, Governor William G. Ross Jr., Secretary ?O? QG North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E. Director Division of Water Quality o ? May 10, 2004 Currituck County DWQ Project No. 040687 NCDOT No. MAOI005R APPROVAL of 401 Water Quality Certification Mr. Don Connor, PE Division Engineer NCDOT Division 1 113 Airport Dr, Suite 100 Edenton, NC 27932 WETLANDS/ 401 GROUP Dear Mr. Connor: WATER OUALITY SECTION You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.002 acres of wetlands for the purpose of widening and resurfacing NC34 in Currituck County. The project shall be constructed in accordance with your application dated March 22, 2004 (received March 24, 2004). After reviewing your application, we have decided that General Water Quality Certification Number 3404 covers this fill. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 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. Impacts Approved: The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream feet 404/CAMA Wetlands 0.002 acres Wetland site A. Waters (acres) Buffers (square ft. 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 may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. X Rs ?N M AI !` fli??icinn nflAlo}or (l„ollhi 1RFn AAoil Cnn/ir. (`-f.r Rnlainh N(: 97RQQ_1RF0 MQl 7TA-17AR N Michael F. Easley, Governor OF W ATF9 William G. Ross Jr., Secretary \O"I pG North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director O < 2.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ 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 Division of Water Quality upon completion of the project. 3.) The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15A NCAC 213.0200. Appropriate sediment and erosion control practices must be used to meet this standard. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 contact Mike Thomas at (252)-946-4287 ex. 281. incerely, Ian W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers DWQ Central Office File Copy Central Files c:\ncdot\ \wqc\ wgc.doc a..fWty? '! or w/' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDO TIPPETT SECRETARY March 22, 2004 U.S. Army Corps of Engineers Washington Regulatory Field Office P.O. Box 1000 Washington, NC 27889-1000 ATTENTION: Mr. Bill Biddlecome NCDOT Coordinator SUBJECT: Replacement of 10 existing pipes unde wetland in Currituck County; Moving MA01005R L /0:#? 3-7 q y 2 NC 34 with one pipe within a jurisdictional Ahead Program - NC 34, State Project No. n n? of Dear Sir: Please find attached the Pre-Construction Notification (PCN) Application Form for the above referenced project. As a part of the Moving Ahead Program, the North Carolina Department of Transportation (NCDOT) proposes to perform maintenance and road improvement activities along 6.4 miles of NC 34 to improve safety. The affected length of NC 34 begins at the intersection of NC 34 and NC 168 and extends to the Camden County line. The proposed maintenance activities include pavement strengthening, widening of the existing pavement from 22 feet to 24 feet, replacement of cross pipes, installation of guardrails, and resurfacing of the roadway. There is one location at which replacement of the pipe will incur permanent impacts to jurisdictional wetlands. The topomap included with this letter shows the location of the pipe replacement and it's proximity to Cowells Creek. Impacts resulting from this pipe replacement are 0.002 acres. If you have any questions or need more information, please contact Clay Willis at (252) 482-7977. Sincerely, Don Conner, Division Engineer Division 1 §4? 414 Clay Willis, Environmental Officer CC: Mike Thomas, DWQ John Hennessy, DWQ Rob Ridings, DWQ 0 0.25 0.5 1 Miles I I N Office Use Only: Version May 2002 USACE Action ID No. f% DWO No. Form (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: NW 3 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: ? II. Applicant Information 1. Owner/Applicant Information Name: NCDOT Mailing Address: 113 Airport Dr., Suite 100, Edenton, NC 27932 Telephone Number:(252) 482-7977 Fax Number:(252) 482-8722 E-mail Address: - 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: Clay Willis Company Affiliation: NCDOT Mailing Address: 113 Airport Dr., Suite 100, Edenton, NC 27932 Telephone Number: (252) 482-7977 Fax Number: (252) 482-8722 E-mail Address: tcwillis(c-?)ncdot.state.nc.us III. 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 of project: NC 34, Pavement Widening and Pipe Replacement 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Currituck Nearest Town: Sligo Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take US 158 to Camden then turn left on NC 34, continue on through Shawboro until approximately 0.3 miles from Sligo. 5. Site coordinates, if available (UTM or Lat/Long): N 36° 26'53.33" W 76°04'39.22" (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): 46.54 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Cowells Creek 8. River Basin: Pasquotank Basin (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/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing conditions consist of a standard 2 lane 22' road. The general land use is agriculture, woodland and rural residential housing. 10. Describe the overall project in detail, including the type of equipment to be used: This project involves widening the 22' paved surface, to 24' paved surface within a distance of 6.4 miles, and replacing 10 pipes. Widening of the asphalt will occur on the existing shoulder where it is wide enough. There is one pipe replacement within a jurisdictional wetland shown on the attached topomap. The equipment that will be used includes an asphalt paver, excavator, dump truck, and a backhoe. 11. Explain the purpose of the proposed work: The purpose of this work is to replace the existing pipes due to the fact that they are structurally damaged and failing. The proposed replacement and widening of the roadway will provide a safe travelway for citizens using this road. 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. There are no future permit requests anticipated. 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. Provide a written description of the proposed impacts: Wetland impacts will result from the replacement of a 50 feet (@ 24 inch diameter pipe with one of the same length and diameter. Impacts will result from riprap placement around the inlet and outlet portions of the pipe. 1. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** indicate on ma acres cs/no linear feet Disturbed roadside A Fill 0.002 Yes 460 wetland N/A N/A * List each impact separately and identify temporary impacts. Impacts include, 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 http://www.fcnia.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: 1.0 acres within NCDOT right-of-way within the project limits Total area of wetland impact proposed: 0.002 acres 2. Individually list all intermittent and perennial stream impacts below: None Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact leasespecify) N/A N/A * List each impact separately and identify temporary impacts. Impacts include, 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 loss/gain), 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.usgs.cov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: None 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: None Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. The wetlands will be impacted due to the replacement of the existinu failinu pipes. The pipes are being replaced to reestablish the structural integrity of the roadway. NCDOT Best Management Practices will be implemented to reduce erosion and sedimentation. Without the replacement of these pipes the road would eventually collapse and cause the road to be impassible. 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 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:/ih2o.enr.state.nc.us/ncwetiands/stnn,gide.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. N/A 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Yes ? No following information: If you answered "yes' provide the 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. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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. The existine impervious acreage is 17 acres. The proposed impervious acreage is 18.6 acres. NCDOT's standard Best Management Practices and Soil and Erosion Control measures will be adhered to during the life of this project. XII. 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 (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 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). None 41111? 3 pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) imap://rob.ridings%40dwq.denr.ncmail.net @cros.ncmail.net:143/fet... Subject: Permit changes From: Mike Thomas <Mike.Thomas@ncmail.net> Date: Wed, 28 Apr 2004 08:47:58 -0400 To: Rob Ridings <Rob.Ridings@ncmail.net> Hi Rob, Here is a list of the projects that were changed from NW3 to NW14 in Division 1. 1. SR1226 in Chowan County dated March 26, 2004 DOT # 14AO1017R 2. SR1340 in Northampton County dated March 24, 2004 Dot # 1C066034 3. NC 137 in Gates County dated March 31, 2004 DOT # MA01007R 4. NC 34 in Currituck County dated March 22, 2004 DOT # MA01005R Let me know if you need any other info on these and if you would let me know when you have them entered. Thanks nviroir :eraal S'?CCi,1115t III NC D ,T0 ria,.O 2?2-?l?-c43? e1:t:'?81 1 of 1 4/29/2004 12:08 PM