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HomeMy WebLinkAbout20091343 Ver 1_Application_20100111 0 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 G?vN Gc ' e w o0 .. <% ?sTTE? 9 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 O?O?, W AT Fqq h 9 ? r o ? 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 d ll B a wa s. 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 rl _. ....r_?. ..rs....w..v.. =I NU p1111aM10" _ 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 No Buffer impacts. 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 SITE. Bridge 35 Franz Enders 12/ 15/ 09 ACME Mapper 2.0 - 7.9 km ExSE of Enfield NC d n i 1001 b81 1002 301 Q? Rd Enfield 2 r? 481 ? _ - y ?c s? - O _ p ` 301 341 Ln 0.0 'r a 9 w b k ?y btC j O y N T l? 33 http://mapper.acme.com/ 481 °h n R O' ao ?v ;n q rt ?y U, .L 1 ? 33 a n _%1?J Page I of I 481 cS?r? a sWe19 a N T 4a 'Pa . te e" Map data @2009 Google - 12/18/1 2009 ACME Mapper 2.0 - 8.2 km SE of Enfield NC Page 1 of 1 D.• -- ; < Ilk At -Alb Alt- JAIL . 00, ?L Ir ,IV r r \` I, I http: //'mapper.acme.com/ 1•s i . 11,15 ryi. ? ; .' / ? -- ,-? ;'111+-•?,?'•, IIRn' _ _ 5 _US(;S . n t , 41 nd- -40 ? /I `ems ,, `! 1 1 12 00 f(r/ j M1?l? ? - - ?; ZUSGS ,;Pj"'` ;. --_- - .. - J,rrape?ry Cijr.USGS 12/18/2009