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HomeMy WebLinkAbout20110135 Ver 1_Complete File_199811164 STATE OF NORTH CAROLINA NE U?? w?ER DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. F.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GovERNOR SECRETARY November 13, 1998 U.S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, NC 28402-1890 lG i ATTN: Mr. David Timpy NCDOT Coordinator Dear Mr. Timpy, SUBJECT: PERMIT MODIFICATION REQUEST FOR ROCKINGHAM-HAMLET BYPASS, TIP NO. R-512 A, RICHMOND COUNTY. . As you are aware, the U. S. Army Corps of Engineers (USACE) issued an Individual Permit, Action ID # 199301490, for the subject project on January 29, 1997. The N. C. Division of Water Quality (DWQ) issued a 401 Water Quality Certification, W;RC Project # 951250, on. srt1 1, .1,997. ' In a May 9, 1998 letter to NCDOT, you stated that an inspection of the project revealed that plans to construct Se?U1ce. Road offib"er=3 *ould impact jurisdictional waters not previously authorized by the existing permit. The purpose of this letter is to fquesta permlt.piodificationtq,allow,+' cgns.,Mction of.this; road.; Service Road Number 3 is necessary to allow Richmond County Utilities access to the substation located on this property. Access is controlled in this area due to Ramp "A" and its acceleration lane. Control of access is required at a minimum of 100 meters beyond the end of the ramp. The service road ties into US 74 immediately after the access control ends. Reducing the control of access limits would adversely affect the safety of the motorists. NCDOT also considered connecting the road to the ramp, but since some of the service vehicles accessing the substation would be trucks, there wasn't room to provide the required turning radius. The proposed placement of the road will not impact any wetlands, however, it will impact two surface waters. The first surface water is an intermittent, unnamed tributary to the second surface water. Approximately 65 meters of the existing channel will be filled. The channel is quite degraded having been cut through fill slopes of existing US 74 and has a silt/fine sand substrate. It is approximately 1 foot wide and 4 feet deep. Given the conditions of this stream, NCDOT believes no mitigation is warranted. 2 The second is a perennial, unnamed tributary to the Pee-Dee River. This stream has sand/gravel substrate with riffles and pools. Approximately 75 meters (250 feet) of the existing stream channel will be lost/filled by construction of the service road. However, it will be relocated into a new channel also approximately 75 meters in length. The new channel will be designed to replicate the old channel. The following species will be planted as part of the reforestation efforts: On the sides of the channel: Black willow (Salix nigra) Silky dogwood (Cornus amomum) On the top of the bank and adjacent flood plains: Sweetgum (Liquidambar sytracii lua) Sycamore (Platanus occidentalis) Black cherry (Prunus serotina) River birch (Betula nigra) The approximate placement of the plants and the planting densities are detailed on an attached sheet as are details of the stream relocation. It is anticipated that these activities will be authorized through a modification of the Individual Permit Action ID # 199301490 and the WQC Project # 951250. NCDOT hereby requests a modification of these permits to allow construction of Service Road Number 3. If you have any questions or need any additional information, please contact Mr. Michael Wood at (919) 733-7844 extension 306. ?.??. nI S Sincerel, v C. 9A"?a William D. Gilmore, P.E., Branch Manager Planning and Environmental WDG/mw cc: Mr. David Franklin, COE Mr. John Domey, Division of Water Quality Mr. David Cox, NCWRC Mr. John Hefner, USFWS Mr. Ron Sechler, NMFS Mr. N. L. Graf, P.E., FHWA Mr. Tom Shearin, P.E., Roadway Design Mr. Whit Webb, P.E., Program Development Mr. R. L. Hill, P.E., Highway Design Mr. Randy Wise, P.E., Roadside Environmental State of North Carolina Department of Environment, NTA Health and Natural Resources ?? Division of Environmental Management r James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N I=?L A. Preston Howard, Jr., P.E., Director C?,Z April 1, 1997 Mr. H. Franklin Vick NC DOT P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed US 74 Rockingham - Hamlet Bypass (TIP No. R-512) Project #951250, COE #199301490 Richmond County Attached hereto is a copy of Certification No. 3094 issued to the N.C. Department of Transportation dated 1 April 1997. This certification replaces the one issued on 7 January 1997. If we can be of further assistance, do not hesitate to contact us. Sincerely, ff I reston Howard, Jr. .E. . , t Attachments 951250.wgc cc: Wilmington District Corps of Engineers Wilmington DWQ Regional Office brig -eyrr-4 Mr. John Parker, Division of Coastal Management Central Files Enviro. Sciences 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 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to N.C. Dept. of Transportation resulting in 24.058 hectares (59.42 acres) of permanent wetland impact and 0.688 hectares (1.70 acres) of temporary wetland impact in Richmond County pursuant to an application filed on the 29th day of November of 1995, 13th day of September 1996, and 14 March 1997 to construct the US 74 Rockingham - Hamlet Bypass (TIP No. R-512). The application provides adequate assurance that the discharge of fill material into the waters of Hitchcock Creek, Cape Fear Branch, 3 tributaries to Solomons Creek, Solomon Creek, Marks Creek and Black Branch Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. Should waste or borrow sites be located in wetlands, compensatory mitigation will be required since it is a direct impact from road construction activities. 3. Prior to the commencement of any roadway work on TIP R-0512A„ % C, D, E and F, the North Carolina Department of Transportation shall have a legally binding contract to purchase or option to buy the Long Swamp mitigation site, consisting of approximately 200 acres. 4. Prior to the commencement of any work in wetlands on R-0512D, the North Carolina Department of Transportation shall have a legally binding contract to purchase or option to buy the Gibson Pond mitigation site that will provide, at a minimum, 30 acres of wetland preservation, or 6 acres of wetland restoration, or 12 acres of wetland enhancement to compensate for the wetland impacts at Marks Creek and the mechanized clearing beyond the fill slopes. 5. No roadway construction on TIP 0512A shall be commenced prior to the preparation of a Final Mitigation plan by the permittee, and approval of that plan by the Wilmington District Engineer. 6. All construction and planting activities at the Long Swamp mitigation site shall be completed prior to the completion of roadway construction on TIP R-0512E and TIP R-0512F. At Black Branch Creek, between station 110+66 and 111+43, the permittee or its contractor shall cause to be installed one (1) 48-inch pipe culvert through the causeway fill on the west side of the box culvert and two (2) 48-inch pipe culverts on the east side of the box culvert. The culverts will be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain. At Black Branch Creek, at station 111+00, all spoil material from the excavation of the new creek channel between the outfall of the box culvert to the existing creek channel shall be deposited on high ground. At Solomons Creek between station 126+50 and stations 127+45, the permittee shall cause to be installed two (2) 48-inch pipe culverts in the causeway fill on the west side of the box culvert and three (3) 48-inch pipe culverts on the east side of the box culvert. The pipe culverts shall be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain. 10. At Solomons Creek, at station 126+60, all spoil material from the excavation of the new creek channel on the north and south side of the road shall be deposited on high ground. 11. At Marks Creek, between station 177+75 and station 178+80, the permittee shall cause to be installed four (4) 60-inch pipe culverts in the causeway fill on the west side of Marks Creek. The culverts shall be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodpWn. The relocated stream must have the same pre-construction width and depth. 12. Between station 158+00 and station 159+00 the permittee shall install one (1) additional 36-inch pipe culvert on the east side of the box culvert. The exact location of the additional pipe culvert shall be at the discretion of the permittee. 13. All stream relocations (post-construction) must have pre-construction width and depth. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 1st day of April 1997 DIVISJQN OF WATER QUALITY WQC 3094 Jr. P. State of North Carolina Department of Environment, Health and Natural Resources 744*j Division of Environmental Management A#vW James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N Fit A. Preston Howard, Jr., P.E., Director January 7, 1997 Mr. H. Franklin Vick NC DOT P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mi. Vick Re: Certification Pntsuant to Section 401 of the Federal Clean Water Act, Proposed US 74 Rockingham - Hamlet Bypass (TIP No. R-512) Project #951250, COE #199301490 Richmond County Attached hereto is a copy of Certification No. 3094 issued to the N.C. Department of Transportation dated 7 January 1997. If we can be of further assistance, do not hesitate to contact us. Attachments 951250.wgc cc: Wilmington District Corps of Engineers Wilmington DWQ Regional Office i'•:f . John Parker, Division of Coastal Management Central Files 733.9959 Action Employer • N 50% 27607 Telephone ecyded/0% post consumer paper EnviroM Equal Opportunity Affirmati Creek Rd., Sincerely, NORTH.CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to N.C. Dept. Of Transportation resulting in 24.058 hectares (59.42 acres) of permanent wetland impact and 0.688 hectares (1.70 acres) of temporary wetland impact in Richmond County pursuant to an application filed on the 29th day of November of 1995 and 13th day of September 1996 to construct the US 74 Rockingham - Hamlet Bypass (TIP No. R-512). The application provides adequate assurance that the discharge of fill material into the waters of Hitchcock Creek, Cape Fear Branch, 3 tributaries to Solomon Creek, Solomon Creek, Marks Creek and Black Branch Creek in conjunction with the proposed development will not result in a . violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portion of Section 301, 302,303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with theapplication and conditions hereinafter set forth. Condition(s) of Certification: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of contraction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. Should waste or borrow sites be located in wetlands, compensatory mitigation will be required since it is a direct impact from road construction activities. 3. Prior to the commencement of any roadway work on TIP R-0512A, B, C, D, E and F, the North Carolina Department of Transportation shall have a legally binding contract to purchase or option to buy the Long Swamp mitigation site, consisting of approximately 200 acres. 4. Prior to the commencement of any work in wetlands on R-0512D, the North Carolina Department of Transportation shall have a legally binding contract to purchase or option to buy the Gibson Pond mitigation site that will provide, at a minimum, 30 acres of wetland preservation, or 6 acres of wetland restoration, or 12 acres of wetland enhancement to compensate for the wetland impacts at Marks Creek and the mechanized clearing beyond the fill slopes. 5. The compensatory. mitigation plan for TIP R-0512A, B, C, D, E and F shall be finalized and approved by the District Engineer prior to the commencement of any roadway construction on TIP R-0512A, B, C, D and E. 6. All construction and planting activities at the Long Swamp mitigation site shall be completed prior to the completion of roadway construction on TIP R-0512E and TIP R-0512F. At Black Branch Creek, between station 110+66 and 111+43, the permittee or its contractor shall cause to be installed one (1) 48-inch pipe culvert through the causeway fill on the west side of the box culvert and two (2) 48-inch pipe culverts on the east side of the box culvert. The culverts will be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain. 8. At Black Branch Creek, at station 111+00, all spoil material from the excavation of the new creek channel between the outfall of the boa culvert to the existing . creek channel shall be deposited on high ground. 9. At Solomons Creek between station 126+50 and stations 127+45, the pemvttee shall cause to be installed two (2) 48-inch pipe culverts in the causeway fill on the west side of the box culvert and three (3) 48-inch pipe culverts on the east side of the box culvert. The pipe culverts shall be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain. ' 10. At Solomons Creek, at station 126+60, all spoil material from the excavation of the new creek channel on the north and south side of the road shall be deposited on high ground. , 11. At Marks Creek, between station 177+75 and station 178+80, the permittee shall cause to be installed four (4) 60-inch pipe culverts in the causeway fill an-ft- west side of Marks Creek The culverts shall be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain. The relocated stream must have the same pre-construction width and depth 12. Between station 158+00 and station 159+00 the permittee shall install one (1) additional 36-inch pipe culvert on the east side of the box culvert. The exact location of the additional pipe culvert shall be at the discretion of the permittee. 13. All stream relocations (post-construction) must have pre-construction width and depth. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are trade conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. . 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. WQC 3094 QUALITY This the 7th day of January 1997 SENT BY:Wilmington District ;12-19-96 ; 16:32 ; USACE-Reg. Branchy 919 733 9959;11 1 TO: FACSIMMILE TO NSMITTAL HEADER SHEET wwm? Fa uw d if" *MIN AR 11411: the F>OW11110 ""0* 000?•1 1'TN I YEAR (X AB?PICAIX7N Header) GATE TIME MOH Nel s / f s I& son* BMfov for eworm oicamm Cent* Ua FAX NO. (AurovowComm.) PA FMM 391844. AUG 72 0 COOMVE SENT OY:Wilmington District :12-19-96 : 16:33 USACE-Reg. Branchy 919 733 9959:5 2 NOTE - SPECIAL CONDITIONS TO GO ON PACE 3 OF ENO FORM 1721 ARE: a. With the exception of special condition b., below, all work authorized by this permit must be done in strict compliance with the attached plans, which are a part of this permit, b. Clearing in wetlands shall not extend beyond five (5) feet from the slope stake line as shown on the plane. This additional 5-foot clearing limit shall not be mechanically cleared (i.e., grubbed), nor shall it be planted with any perennial turfgrass. c. Prior to the commencement of any work in wetlands on TIP R-0512A,B,C,D,E,F, the North Carolina Department of Transportation shall have a legally binding contract to purchase or option to buy the Long Swamp mitigation site, consisting of approximately 200 acres, as described on attachment A. d. Prior to the commencement of any work in wetlands on R- 0512D the North Carolina Department of Transportation shall have a legally binding contract to purchase or option to buy, an additional mitigation site acceptable to the District Engineer that will provide, at a minimum, 30 acres of wetland preservation, or 6 acres of wetland restoration, or 12 acres of wetland enhancement. e. The compensatory mitigation plan for the Long Swamp Site and the additional mitigation site identified in special condition (d.) above, shall be finalized and approved by the District Engineer prior to the Commencement of any roadway construction on TIP R-0512A,B,C,D,E. f. All construction and planting activities at the Long Swamp mitigation site shall be completed prior to the completion of roadway construction on TIP R-0512E and TIP R-0512P, g. The mitigation ®itea will be maintained by the permittee in their natural condition, as altered by the mitigation plan, in perpetuity. Prohibited activities within the mitigation area specifically include, but are not limited to, the construction or placement of structures of any kind; the discharge of dredged or fill material (including waste debris); excavations the cutting, i SENT BY:Wilmingtan District :12-19-96 : 16:33 USACE-Reg. Branch-4 919 733 9959:# 3 removal or damage of any vegetation; and grading, leveling, or any other earth moving activity, except as clearly described in the mitigation plan approved pursuant to condition d, above. h. Failure to initiate and carry out the details of special conditions e, d, a and f, above, in accordance with all construction phases contained therein, will result in a directive to cease all ongoing and permitted work within wetlands associated with the construction of the Rockingham-Hamlet Bypass (TIP R-0512A,B,C,D,E,F)or such other remedy as the District Engineer or his authorized representatives may seek. i. Any sale, lease or other conveyance of the mitigation site shall include restrictions on the use of the property as described in these conditions, which conditions shall be enforced by the North Carolina Department of Transportation. J. All land disturbing activity associated with the highway construction will be conducted in a way that prevents a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the water body is 50 NTU's or less are not considered significant. k. The permittea and its contractors and/or agents shall not excavate, fill, or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or wetlands, except as authorized by this permit, or any modification to this permit. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. 1. To ensure that all borrow and waste activities occur on high ground, except as authorized by this permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material.. The permittee shall ensure that all such areas comply with condition (k.) of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and SENT BY:Wilmington District :12-19-96 : 16:34 : USAGE-Reg. Branches 919 733 9959:5 4 hydrology sufficient to clearly demonstrate compliance with special condition (k:) above. This information will be available to the Corpa of Engineers on request. m. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit, n. The temporary placement or double handling of excavated materials within waters or wetlands is not authorized. 0. At Black Branch Creek, between station 110+f6 and 111+431 the permittee or its contractor shall cause to be installed one (1) 48-inch pipe culvert through the causeway fill on the west side of the box culvert and two (2).48-inch pipe culverts on the east side of the box culvert. The culverts will be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain, p. At Black Branch Creek, at station 111+00, all spoil material from the excavation of the new creek channel between the outfall of the box culvert to the existing creek channel shall be deposited on high ground. q. At solomons creek, between station 126+S0and station 127+45, the permittee shall cause to be installed two (2) 48-inch pipe culverts in the causeway fill on the west side of the box culvert and three (3) 48-inch pipe culverts on the east side of the box culvert. The pipe culverts shall be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain, r. At Solomons Creek, at station 126 +60, all spoil material from the excavation of the new creek channel on the north and south side of the road shall be deposited on high ground. SENT BY:Wilmington District :12-19-96 : 16:34 . USAGE-Reg. Branch+ 919 733 9959:0 5 e. At Marks Creek, between station 177+75 and station 178+80 tha permittee shall cause to be installed four (4) 60-inch pipe culverts in the causeway fill = rhQ WHat aide nf Mnrkm ,rZ sk. The culverts shall be placed generally parallel to the box culverts and equally spaced between the edge of the box culvert and the wetland/upland boundary. The invert of the culverts shall be at least one (1) foot below the grade of the existing floodplain. t. Batween station 158+00 and station 159+00 the permittee shall install one (1) additional 36-inch pipe culvert on the east side of the box culvert. The exact location of the additional pipe culvert shall be at the discretion of the permittee. u. All fill material will be clean and free of any pollutants except in trace quantities, v. All fill material will be immediately stabilized and maintained to prevent erosion and sediment into adjacent waters or wetlands. W. Pre-construction substrate and wetland bottom contours will be restored in all temporary impact areas in wetlands. All excess material will be removed to a high-ground retention area. X. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. y. The permittee shall schedule a preconstruction meeting between their representatives, the contractor representatives, and the appropriate Corps of 8ngineers Project Manager prior to any work within jurisdictional waters and wetlands to ensure that their is a mutual understanding of all terms and conditions contained within this Department of the Army permit. The permittee shall notify the Corps of Engineers Project manager a minimum of thirty (30) days in advance of the scheduled meeting in order to provide that individual with the opportunity to . . . SENT BY:Wilmington District :12-19-96 : 16:35 : USAGE-Reg. Branchy 919 733 9959: 6 schedule and participate in the required meeting.