HomeMy WebLinkAbout20091343 Ver 1_Application_20100111
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
December 17, 2009
Mr. Thomas Steffens
U.S. Amry Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
Mr. Robert Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
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EUGENE A. CONTL JR.
SECRETARY
®9134
SUBJECT: Bridge to pipe conversion at existing crossing of an unnamed
tributary to Fishing Creek on SR 1109 (Islands Road) in Halifax County
Dear Sirs:
The North Carolina Department of Transportation (NCDOT) proposes to remove and
replace Bridge #35, an existing single span bridge, over an unnamed tributary to Fishing
Creek on SR 1109 (Islands Road) in Halifax County. The existing bridge will be replaced
with two (2) 87"x63" CMPAs 40' in length. This activity proposes to permanently impact
a total of 40 linear feet of stream channel. The impacted feature does not annear on
maps or the local soil
we are not
auth ion. an icipates that this pipe rep act -activity will be authorized
under Region General Permit 31(GP31). This application is also intended as a request for
written authorization from the NC Division of Water Quality to proceed with a pipe
replacement under General Water Quality Certificate # 3704 (GP 31).
?y
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list three federally protected species for
Halifax County (Table 1).
Table 1- Federally Protected Species of Halifax County
Federal Habitat Biological
Common Name Scientific Name Status Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Tar River Sptnymussel Elliptio steinstansana E N No Effect
Dwarf Wedgemussel Alasmidonta heterodon E N No Effect
No element occurrences are listed on the NHP database at the project site. Field
observations revealed a distinct absence of suitable habitat for either Dwarf wedgemussel
or Tar River spinymussel. The site is predominantly hardwood forest with no old growth
pine stands suitable for RCW nesting sites. This project does not pose a significant threat
to any Federally listed species currently found in Halifax County. No sites eligible for
listing on the National Register occur within the project area.
Regulatory Approvals
USACE Section 404 Permit: This project qualifies for Region General Permit 31
(NCDOT Bridges). All permit conditions will be followed and the appropriate Best
Management Practices will be implemented. For our files, please provide written notice
that this activity is authorized.
NCDWQ Section 401 Certification: This project qualifies for 401 General Water
Quality Certificate No. 3704. All conditions of this certification will be followed and all
appropriate Best Management Practices will be implemented. For our files, please provide
written notice that this activity is authorized.
If you have any questions or need any additional information, please contact Chad
Coggins, Division Environmental Officer at (252) 296-3532. Your time and effort are
appreciated.
Respectfully yours,
R. E. Greene, Jr., PE
Division Engineer
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Office Use Only
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 102008
Pre-Construction Notification PCN Form
A• Applicant Information
1. Processing
1a . Type(s) of approval sought from the
Corps:
® Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number. or General Permit (GP) number: 31
1c . Has the NW P or GP number been verified by the Corps? ® Yes ? No
1d . Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ®No For the record only for Corps Permit:
? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. El Yes ®
No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Bridge 35
2b. County: Halifax
2c. Nearest municipality/ town: Enfield
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: N/A
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): WA
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 11
PCN Forth - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: NCDOT
4b. Name: Richard E. Greene, Jr., PE, Division Engineer
4c. Business name
(if applicable): NCDOT Division 4
4d. Street address: 509 Ward Blvd
4e. City, state, zip: Wilson, NC 27895
4f. Telephone no.: (252)237-6164
4g. Fax no.: (252)234-6174
4h. Email address: regreen@ncdot.gov
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable): N/A
5c. Street address: N/A
5d. City, state, zip: N/A
5e. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
R 10.......E 1..s.
-• • - - - •-l-givalwn dna Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
1b. Site coordinates (in decimal degrees): Latitude: 36.1239 Longitude: - 77.6272
(DD.DDDDDD)
1c. Property size: (-DD.DDDDDD)
N/A acres
2. Surface waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UT To Fishing Creek
2b. Water Quality Classification of nearest receiving water: QNSW
2c. River basin: Tar-Pamlico
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Forestry and Agriculture are the predominant land uses in the vicinity
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 25 L.F.
3d. Explain the purpose of the proposed project:
The purpose of this project is to replace a failing single span bridge on an unpaved secondary road.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing single span bridge is structurally deficient and in need of replacement. DOT proposes to remove the existing
single span bridge (+/- 30'L x 20'W) and replace it with (2) 87'x 63" x 40' CMPAs with he
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ased on hydraulics
calculations and observations made on -site after heavy rain events, NCDOT believes that this site will be adequately
d b
serve
y this configuration. Most work will be done with an excavator. Clean earthen fill will be used to backfill over
pipes and behind the headwalls. One pipe will be installed to accommodate low flow conditions while the other will have
a sill to maintain the integrity of the floodplain
et serve as
fl
, y
an over
ow when needed. This feature is thought to be
subject to 404 jurisdiction although it is not represented on the pertinent soils or topographic maps for this area.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes ®No ? Unknown
ments:
Corps made the jurisdictional determination, what type
termination was made?
Preliminary ? Final
V
, who delineated the jurisdictional areas? Agency/Consultant Company:
e (if known) Other
, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
& Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
? Yes ®No ? Unknown
5b. If yes, explain in detail according to "help file' instructions.
Page 3 of 11
PCN Forth - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
I a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? PEI T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: This project will not impact any jurisdictional wetlands.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number- (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Pipe placement UT of Fishing
Creek ® PER
? INT ® Corps
® DWQ 3 40
S2 ? PEI T ? PER ? Corps
? INT ? DWQ
S3 [I P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? PEI T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 40
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e
Open water Name of waterbody
impact number- (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: There are no open water impacts associated with this project.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID Wetland Impacts (acres) Stream Impacts (feet) Upland
b Proposed use or purpose (acres)
num
er of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: No ponds or lakes will be created as a result of this project.
5h. Is a dam high hazard permit required?
? Yes ? No ff yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for OWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ®Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Tem ra T impact re uired?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: Feature does not appear on the soils or topographic maps and is not subject to Tar-Pamlico Buffer Rules.
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project was designed in a manner that utilizes the existing fill section and avoids the need to place additional fill material
beyond the toe of the existing slope. These measures were implemented without regard to the fact that this feature is not
represented on either the USGS Topographic Quadrangle for that area, or the USDA Soil Survey of Halifax County.
10. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
One pipe will be installed to maintain low flow conditions, therefore maintaining normal circulation and accomodating aquatic
passage. A sill will be placed in the second culvert at floodplain elevation inorder to maintain the integrity of the floodplain
while allowing for overflow capacity when needed.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory MRgation for
impacts ib Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DW Q ? Corps
2c. If yes, which mitigation option will be used for this
project? E]
Paymenn bank
El ? Payment to in-lieu fee program
Pennittee Responsible Mitgation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quamay
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ onty): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non--riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Pertnittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone C.
Reason for impact
Total impact
Multiplier 6e
Required mitigation
(square feet) (square feet)
zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mdgation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: Impacts associated with this project remain below the threshold for buffer mitigation.
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ® Yes ? No
1b. If yes, then is a diffuse flow plan included? If no
explain why
,
.
Comments: We are maintaining the existing stormwater outfall.
? Yes ®No
2. Stomnater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Linear project with no increase in
impervious surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? N/A
? Phase 11
3b. Which of the following locally-implemented stormwater management programs ? NSW
El USMP
apply (check all that apply): ? Water Supply Watershed
? Other: N/A
3c. Has the approved Stonmwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stonmwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered 'yes'to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Ad (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fad permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no; provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Endangered Species and Designated Critical Habitat (Corps Requirement)
il
lt? project occur in or near an area with federally protected species or
ll
a
r ? Yes
® No
bb.
ave you checked with the USFWS conceming Endangered Species Act
mpacts? ElYes ®No
5c. If yes, indicate the USFWS Field Office
you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
An NCNHP Database indicated no occurences of endangered species in the vicinity. Furthermore, existing stream
conditions (shallow but flashy) are not compatible with the habitat required for endangered mussels and there is no
significant amount of mature pine forest around the bridge to provide habitat for Red Cokaded woodpeckers.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Consultation with Travis Wilson, NCWRC.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
This project will riot go beyond the existing right of way and will have no adverse impacts on cultural resources on
adjacent land.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: The proposed hydraulic structure provides an area of conveyance
equal to that of the existing structure.
8c. What source(s) did you use to make the floodplain determination? NC FLOODMAPS, NCDOT Hydraulic Unit
Applicant/Agent's Printed Name pplicanttAgent's Ignature Date
(Agent's signature is valid only if an aut izabon letter from the applicant
is provided.)
Page I 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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Jurisdictional stre
does not show up o
either topo or soils
Jo proposed work
tside of existing
toe of slope,
ierefore adjacent
etlands were not
delinated.
2 O e7 'X BY DMPA WITH HEADWALL
SKEWi 9B'
-----------------
IMPACT MAP
COUNTY: Halifax
SCALE: I" = 50'
Legend
0 Stream: 401 f
Wet I and= Osf Oac
® Zone 1 : Osf Oac
Zone 2. Osf Oac
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