HomeMy WebLinkAbout20011888 Ver 1_Complete File_20011206e"'SWE°h,
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY. LYNDO TIPPETT
GOvERNOR SECRETARY
DECEMBER 4, 2001
NCDENR Division of Water Quality
John Hennessy
2321 Crabtree Blvd.
Suite 250 DEC 200'
Raleigh, NC 27604-2260
RE: Culvert Replacement / NC 131 Bladen County
NCDENR WQC 3290 / USACE NWP# 3
Dear Mr. Hennessy:
Enclosed, please find two courtesy copies for a culvert replacement project along NC 131 in
Bladen County. The project will be completed in compliance with NCDENR Division of Water
Quality General Certifications 3290, and, USACE Nationwide Permit # 3.
If you should have any questions or comments regarding this notification, please feel free to
contact me.
Sincerely
ames /.Rerko, PWS
Division 6 Environmental Officer
P. O. Box 1150, Fayetteville, NC 28302-1150 - Telephone (910) 486-1792 - Fax (910) 486-1959
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,Y STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY W. LYNDO TIPPETT
GOVERNOR SECRETARY
December 3, 2001
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN: Mr. Richard Spencer
NCDOT Coordinator
Dear Sir:
Subject: Notification for Nationwide Permit 3
Road Improvements NC 131- Bladen County
The North Carolina Department of Transportation (NCDOT) proposes to resurface NC 131 in
Bladen County. In the course of completing the improvements, two culvert crossings will be
upgraded with 13 linear feet of stream impact proposed. Minimal impacts are proposed as the
result of this project, which are necessary to improve the roadway conditions along NC 131 to
current safety standards.
RESOURCE STATUS
A Wetland Delineation / Natural Resource Inventory was conducted within the Right-of-Way of
NC 131 in Bladen County, North Carolina. There are other drainageways along the proposed
improvement corridor, but those crossings do not require improvements at this time. The first
crossing is approximately 500 feet north of the intersection of NC 131 and NC 41. A vegetated
agricultural channel discharges into twin 52LF 30" and 36" RCP. The drainageway does show up
on the Tar Hill, NC Quad as a blue line stream and it was treated as such, though no hydrology
was noted at the time of the field inspection. Jurisdictional wetlands were not observed at the
crossing. Twin 60 LF 48" CMPS are proposed. The pipes will be buried one (1) foot below the
streambed.
The second crossing is located 200 feet north of the intersection of NC 131 and SR 1344. Along
the eastern side of the culvert, there is a roadside ditch that has a small drainage area associated.
The western end of the culvert has a small channel that discharges into a cutover wetland area.
P. O. Box 1150. Favettevi Ile. NC 28302-1150 -Telephone (910) 486-1792- Fax (910) 829-66348
Though the channel did not show up on the Tar Hill, NC Quad, I did feel that due to the existence
of hydrology within the channel itself, jurisdiction would be assumed. The existing culvert is a
50LF 36" RCP. NCDOT proposes to install a 60LF 48" CMP. The pipe will be buried one (1)
foot below the streambed.
Jurisdictional wetlands were not identified within the Right-of-Way for NC 131.
In general, there will be minor impacts proposed as the result of the improvements to NC 131.
Approximately 13 linear feet of stream impacts are expected. A Nationwide Permit #3 is required
for the project due to the replacement of the culvert crossings.
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 June 16, 2000, the U.S. Fish and Wildlife Service lists
six federally protected species for Bladen County.
Federall Protected Species for Blad en County
FIC NAME COMMON NAME STATUS
brevirostrum
Acen Shortnose sturgeon E
ississippiensis American alligator T(S /A)
F
s borealis d-cockaded
woor E
melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved
loosestrife E
Schwalbea americana American chaffseed 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 2, 2001
survey for protected species. Protected species were not identified, nor, was the general habitat
for each species identified.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide Permit 3 as required by the
above-described activities. No impacts shall occur to jurisdictional wetland areas, and as such,
wetland mitigation is not required.
If you should have any questions, or, need additional information please contact James J. Rerko,
PWS at (910) 486-1792.
mcerely
Jame J. Rerko, PWS
Division 6 Environmental Officer
ATTACHNfENTS
Cc: John Henessey (DWQ)
Tom McCartney (FWS)
Official Use Only: Form Version October 2001
USACE Action ID No DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project: SEC
® Section 404 Permit 6 200,
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Terry R Gibson, P EJ NCDOT/Div 6/Division Engineer
Mailing Address: P.O. Box 1150
Fayetteville, NC 28302
Telephone Number: 910-486-1493 Fax Number: 910-486-1959
E-mail Address: tgibson 4dot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: James J. Rerko PWS
Company Affiliation: NCDOT / Div 6/ Division Environmental Officer
Mailing Address: SAME
Telephone Number: 910-486-1792 Fax Number: 910-486-1959
E-mail Address: jjrerko(a dot state nc us
Page 1 of 8
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: NC 131 Culvert Replacements
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Bladen Nearest Town: Bladenboro
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): NC 131 north of intersection
with NC 41
5. Site coordinates, if available (UTM or Lat/Long):Crossing #134°38'31"N 78°45'30"W
Crossing #2 34°42'10"N 78°47'12"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing NC State Iii hwa
7. Property size (acres): less than 1 acre
8. Nearest body of water (stream/river/sound/ocean/lake): Crossing # 1 Bear Ford Swamp
Crossing #2 Big Swamp
9. River Basin: Lumber River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mqps/.)
Paee 2 of 8
10. Describe the purpose of the proposed work: Remove existing 52LF-30" & 36" RCP's
and replace with 60LF twin 48" CMP's(Crossing #1) and remove existing 50LF 36"
RCP and replace with 60LF 48" CMP (Crossing #2) Pine ioints have failed and
drainage problems have resulted.
11. List the type of equipment to be used to construct the projeet:Trackhoe excavator
12. Describe the land use in the vicinity of this project: Rural / Agricultural
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
None
V. Future Project Plans
Are any firture permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 of 8
Wetland Impact
Site Number
indicate on ma Area of
Type of Impact* Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
feet
Type of Wetland***
N/A
fill
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized c1mrm gradmg, >
excavation, flooding, ditching1drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fema.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0 acre
Total area of wetland impact proposed: 0 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)___
Crossing #1 Culvert 8 ft UT Bear Ford Sw 4 ft Intermittent
Crossing #2 Culvert 5 ft UT to Big Swamp 2 ft Intermittent
-4 ..en intM rin-rnn_
impacts. impac?.s mc?uuc,
'? List each impact separately and identify temporary
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Nvww.usss.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., wt%"\v.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 13 ft
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Area of Name of Type of Waterbody
Open Water Impact * Waterbody lake, pond, estuary, sound,
Site Number Type of Impact* Impact (if applicable) ( ocean, etc.
indicate on ma acres bay,
N/A
List each impact separately and identify temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N / A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Culvert replacement necessary to ensure public safety.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of
project; such as lst eamsand replacing losses of
and/or upland vegetated buffers to protect open waters
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/stnn.izide.htmi.
1 Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Miti ation not required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hapl/h2o enr state nc us/wrpJgdex.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
to the
If yes, does the project require preparation of an environmental document purse SEPA
Policy Act
requirements of the National or North Carolina Environmental
required, call the SEPA
Note: If you are not sure whether a NEPA/SE
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant mtust must also be listed herein,
justification for these impacts in Section VII above. proposed
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence rom dethe d a WQ
Regional Office may be included as appropriate. Photographs may the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A dleman CAC RB e 0 and
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC (5A )?
Water Supply Buffer Requirements), or other (please identify
Yes No If you answered "yes", provide the following information:
? ®
Identify the square feet and acreage of impact to each
ozone of the riparian f mitigation by applying the buffer
mitigation is required calculate the required am
multipliers.
Impact Required
Zone* s uare feet Multiplier Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property. Pa
164
XU. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition the u or discharge) of
wastewater generated from the proposed project, or available capacity of
xM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No M
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
ired
It is the applicant's responsibility to submit the application sufficiently in advance smay
construction dates to allow processing time for these permits. However, an applicant
choose to list constraints associated with construction or sequencing at with impose l mitsaon
Endangered
ted
work schedules (e.g., draw-down schedules for lakes, dates associa
Species, accessibility problems, or other issues outside of the applicant's control).
A 'Date
Applicant/Agent's Si nature
authorization letter from the applicant is provided.)
(Agent's signature is valid only if an
Page 8 of 8
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