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HomeMy WebLinkAbout20100091 Ver 1_Application_20100205&1y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GoVERNOR January 15, 2010 U.S. Army Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, North Carolina 28402-1 8 90 ATTN: Ms. Kimberly Garvey FF9 rvL #t't ?s e010 Eugene A. Contri, Jr." SECRETARY 1® 0 ® e.1 1 NCDOT Coordinator Dear Madame: Subject: Notification for Nationwide Permit #14 (Minor Road Crossing) NCDENR 401 WQC 3704 Culvert Replacement SR-1860 (Gordon Williams Rd.)-Cumberland County State Project Number: 6C.026065 The North Carolina Department of Transportation (NCDOT) has scheduled to grade, drain, base and pave SR-1860, (Gordon Williams Rd.) in Cumberland County. Total project length is 1.0 mile. The roadway will be paved to a width of 20 feet within a minimal 45 foot Right-of-Way. The Right-of-Way coincides with the control access for I-95. This project will require the replacement of one (1) wet cross line as shown below: Crossing Roadway Location Existing Culvert Proposed Culvert Permit site 91 ' A2Oa ?" F- Sf4 zl +vS 40.5 LF 66" RCP 50 LF 72" CMP w/ Head and Wingwalls New Stream Impacts = 9.5 linear feet Construction of this project will require impacts to waters of the United States in the Cape Fear River Basin; 03-06-18. Permit site #1 conveys water to UT of the Cape Fear River (Class WS- V). This project is located within the 03030006 Hydrologic units. Permit site #1 conveys a UT to the Cape Fear River; from there it flows under I-95 within a 72 inch RCP. The UT is a perennial channel. The existing 40.5 LF 66"RCP has signs of joint separation, ie. Sink hole development. Although the culvert is described as 40.5 linear foot that total length includes two short quarter pipe sections at the invert. The NCDOT Hydraulic Section sized the replacement culvert; 50LF 72" CMP with Head and Wing walls. Since this roadway serves a mixture of residential and agricultural uses, the stabilization of SR 1860 will improve the safety of the traveling public. P. O. Box 1150, Fayetteville, NC 283021150 - Telephone (910) 437-0208- Fax (910) 486-1959 RESOURCE STATUS In general, there will be minor impacts proposed as a result of replacing the culverts along SR- 1860 (Gordon Willams Rd.), in Cumberland County. A Nationwide Permit #14/NCDENR 401 WQC 3704 is required for the project. Endangered Species: Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 31, 2008, the U.S. Fish and Wildlife Service lists six federally protected species for Cumberland County. Federally Protected Species for Cumberland County SCIENTIFIC NAME COMMON NAME STATUS Alligator mississippiensis American alligator T(S/A) Picoides borealis Red-cockaded woodpecker E Rhus michouxii Michaux's sumac E Schwalbea ameriona American chaffseed E Lysimachio osperuloefolio Rough-leaved loosestrife g Linderia melissifolia Pondberry E "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). T(S/A)- Threatened due to similarity of appearance, a species that is threatened Due to similarity of appearance with other rare species and is listed for its Protection. These species are not biologically endangered or threatened and Are not subject to Section 7 consultation. A biological conclusion of "No Effect" was reached for all species during the November 3, 2009 survey for protected species. Protected species were not identified, nor, was the general habitat for each species identified within the 45-foot right-of-way. REGULATORY APPROVALS Application is hereby made for a Department of the Army Nationwide Permit #14/ NCDENR 401 WQC 3704 as required by the above-described activities. The National Register was reviewed in addition to conducting a field view of the project for significant historic features. The project impacts are minor in nature and should not remove or degrade existing water quality uses. Pipe size proposed is the minimum necessary to create a safe highway while accommodating the 25-year design storm. There is no record within the NCDOT District 2 Office (Cumberland County) that the road experiences floods overtopping. By utilizing the erosion control measures, downstream water quality standards will be protected. All appropriate BMP's will be utilized during construction. Attached is a Preconstruction Notification Form, plan sheets, marked county road map, quad location map and photographs. If you should have any questions, or need additional information please contact James J. Rerko, PWS at (910) 437-0207. i l7u/S erko. PWS ision''6 Environmental Officer ATTACHMENTS Cc: Brain Wren, Division of Water Quality (7 copies) Ken Averitte, Division of Water Quality (1 copy) Greg Bums, P.E., Division Engineer o??F W A A T,F\qq 1Vu O T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: E] Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the N WP 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 1e. 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 1f. 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. ? Yes ® No .1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: SR 1860- Gordon Willams Rd 2b. County: Cumberland County 2c. Nearest municipality /town: Falcon 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 6C.026065 3. Owner Information 3a. Name on Recorded Deed: NA 3b. Deed Book and Page No. NA 3c. Responsible Party (for LLC i f applicable): NA 3d. Street address: NA 3e. City, state, zip: NA 3f. Telephone no.: NA 3g. Fax no., NA 3h. Email address: NA Page 1 of 12 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: Greg Burns, P.E./NCDOT/Div 6/ Division Engineer 4c. Busines s name (if applicable): NCDOT 4d. Street address: PO Box 1150 4e. City, state, zip: Fayetteville, NC 28302 4f. Telephone no.: (910) 486-1493 4g. Fax no.: (910) 486-1959 41h. Email address: gburns@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: James J. Rerko, PWS 5b. Business name (if applicable): NCDOT/Div 6/Division Environmental Officer 5c. Street address: PO Box 1150 5d. City, state, zip: Fayetteville, NC 28302 5e. Telephone no.: (910) 437-0207 5f. Fax no.: (910) 486-1959 5g. Email address: jjrerko@ncdot.gov Page 2 of 12 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA 1b: Site coordinates (in decimal degrees): Permit site # 1: 35.1994'N - 78.6729'W 1c. Property size: 5.45 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Cape Fear River proposed project: 2b. Water Quality Classification of nearest receiving water: WS-V 2c. River basin: Cape Fear 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: Existing dirt road with maintenance limits 45 feet in width. Upstream is wooded and downstream is 1-95, there is a rural homesite located at the end of the road. Also, this Access Rd is used primarily for tractor trailers in agricultural operations. 3b. List the total estimated acreage of all existing wetlands on the property: approximately 0 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: approximately 50 feet 3d. Explain the purpose of the proposed project: By Statue, NCDOT is required to pave all unpaved secondary roads. To ensure that the roadway meets current safety standards, the road will be paved to a width of 20 feet, 2 foot grass shoulders will be installed on each side and 3:1 side slope will be provided within the 45 foot right of way. This road is used extensively by tractor trailers for agriculture. Currently CB radios are being used so that two trucks do not'get stuck on the road at the same time. NCDOT proposes in stabilize SR 1860 so that two trucks can pass at the same time. 3e. Describe the overall project in detail, including the type of equipment to be used: Bring SR 1860 up to current safety standards, ie. 20 foot paving with 2 foot stabilized shoulders and 3:1 side slopes within a 45 foot right of way. The exciting culvert has joint failure and needs to be replaced. Impacts will be minimized as much as possible. The culvert will be replaced utilizing a track-hoe excavator. While front end loaders will place fill material. Eventually a motor grader will finish grade the project prior to paving. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ® No ? Unknown project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what ty pe Preliminary El Final El of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 PCN Form - Version 1.0 November 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 61b. If yes, explain. Page 4 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. 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 Type of wetland Forested (Corps - 404, Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary T W1 ? PEI T NA ? Yes ? No ? Corps ? DWQ W2 ? P ? T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 El P r-1 T El Yes El No E:1 Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 2h. Comments: NA 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. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number- impact intermittent(INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ® P ? T Culvert UT to Cape Fear ® PER ? INT 8 feet 9.5 ft S2 ? P ? T ? PER ? INT S3 ? P ? T ? PER ? INT S4 ?P?T ?PER ?INT S5 ?P?T. ?PER ?INT S6 ? P ? T ? PER ? INT 3g. Total stream and tributary impacts 9.5 ft 3h. Comments: Page 5 of 12 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 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 individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary 01 ?P?T NA 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: NA Page 6 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If and or lake construction pro osed, then complete the chart below. 5a. Pond ID 5b. Proposed use or 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 NA P2 5f. Total 5g. Comments: NA 5h. Is a dam high hazard permit required? ? Yes El No If yes, permit ID no: 5i. Expected pond surface area (acres): NA 5j. Size of pond watershed (acres): NA 5k. Method of construction: NA 6. Buffer Impacts (for DWQ) 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 ou MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ?Tar-Pamlico ? Other: NA ? Catawba ? Randleman 6b. Buffer impact number- Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) 61 ?P?T NA ?Yes ?No B2 ?P?T ?Yes ?No B3 ?P?T ?Yes ?No 6h. Total buffer impacts 6i. Comments: NA Page 7 of 12 PCN Form - November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. SR 1860 has been an access road to 1-95 since the 1960's. NCDOT proposes to bring this secondary dirt road up to statue. 2 foot grass shoulders have been designed to avoid fill impacts to resurrounding wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. SR 1860 does not currently meet the current safety standards, ie. 20 foot paved roadway with 2 foot stabilized grass shoulders. NCDOT proposes to improve SR 1860 to the minimum standard. Guard rail will be installed in order to keep stream impacts in the area to a minimum but also to ensure that two tractor trailers can navigate this road safely. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigat ion option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: NA 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: NA 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: 0 linear feet 4c. If us ing stream mitigation, stream temperature: 0 warm, cool, cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non-riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. . Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. NA Page 8 of 12 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 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 buffer mitigation? ? Yes ® No 61b . 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 Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zo ne 1 NA 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. If bu ffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6d. Comments: NA Page 9 of 12 PCN Form - November 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 ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b . If yes, then is a diffuse flow plan included? ? Yes ? No 2. Determination if the Project Requires a Stormwater Management Plan 2a . Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties management programs (check all that apply)?. ? HOW ? ORW If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246 approved stormwater management plan. ? Other: 3b. In which local government's jurisdiction is this project? Falcon 3c. Is this local government certified to implement a state stormwater program? ? Yes ? No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? 33% 4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ®No General Certifications 3704 and 3705? 4c. If the s ite is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. The existing roadway is 33% imperivous. No additional impervious surface proposed. Existing roadside ditches shall be stabilized. ESC BMP's shall be utilized during construction in accordance with NCDO T's BMP's for construction and maintenance activities. 4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ® No for each stormwater BMP? Page 10 of 12 PCN Form - Version 1.0 November 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? 1 b. 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 Act (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 ? Yes ? No letter.) 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-fact 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? 31b. 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. NA Page 11 of 12 . PCN Form - Version 1.0 November 2008 Version F. Supplementary Information, continued 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? Raleigh El 5c. If yes, ind icate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage GIS layer and website, USFWS Endangered Species website, On-site field Survey 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? USFWS website- hftp://www.fws.gov/nc-es/fish/fish.htmi 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? National Register of Historic Places website 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: Sc. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping website Greg Burns, P.E. J0 / ;t., lUS - ,»5 (,+? 01/15/10 Applicant/Agent's Printed Name pplicanUAgent's Signature ( sign Lure is valid only if an authorization letter from the applicant gent's Date is rovided. Page 12 of 12 PCN Form - November 2008 Version Permit Site Impacts Stream Impact= 9.5 LF in R/W Wetland Impact = None in R/W \?l? Proposed EOP Flowline of Ditch 100 Existing Neadvya I 40.5 LF of Existing 66" RCP w/ Headwall Replace With Proposed 50 LF of 72" CAP w/ Head and Wingwalls / Plan View of Existing Pipe / Proposed Construction Cumberland County, NC SR 1860 - Gordon Williams Road 01/05/2010 Scale - 1" = 60' Y a 0 "0 /y Y 11.. ? Y 0 0 0-J L C O f? C ?U a) L O U O a) N O Z U) (1) x LO cv m b) a) ? o - LL a co C) rn a) ? (n n LC) 70 o o > ° C 1 co o ^L LL O V ? CD? c Q > ~ C O ao ? X w ? O V/ p(7 } C E - I I ` 7 'I I II I I ` \V O 1 J 1 CY) CY C 4 O W L 0 (13 Q U 70 /? N L V ) O O 0- 1 0 ^^L LL a) N ON- Q) O C Cc) O 00 C a) N LL :E J Y a) LL O 3 C LO C ? N 6.L U) U) > 60 U 2U"O X C Lu- 00 c) N _ ? ca N - o r CDO? O =o U o -j a oFm It mM O I ) 0 O T CO CO SR 1860- Access Rd- Cumberland Co. Y j ?C` J?hr • , - `~ f ?•? ` ; ?- ?? ?. ? ?;?': 13' '• ` ` '? + 'air ,JJ ? 1 1 / 1 Permit Site #1r ` ?,., `',,, •• • -ait., „fir _ _ .4 -_.r },..`! `ti` _ , . •. ?.. , - JI •'ooe. it . 74 I_smw 10 0 1,250 2,500 5,000 Feet f-i r i-}-i 1 t-j 1 inch equals 2,000 feet