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HomeMy WebLinkAbout20020998 Ver 1_Complete File_20020621 F W ATF Michael F. Easley, Governor RQG O?O William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources f? Alan W. Klimek, P.E. Director ] Division of Water Quality O -c July 1, 2002 Anson County DWQ Project No. 020998 SR 1228 (White Store-Pageland Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Benton G. Payne, P.E., Division Engineer NCDOT Division 10 716 West Main Street Albemarle, North Carolina 28001 Dear Mr. Payne: You have our approval, in accordance with the attached conditions and those listed below, to incur 60 linear feet of permanent impacts to two unnamed tributaries of Brown Creek in order to replace two pipes on SR 1228 (White Store-Pageland Road) in Anson County. The project should be constructed in accordance with your application dated June 18, 2002 (received June 21, 2002). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3375 corresponding to the U.S. Army Corps of Engineers General (Regional) Permit Number 198200031. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us in writing, and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Brown Creek and its tributaries are on the §303(d) list of Impaired Waters. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024). These measures must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be planted on all bare soil within 15 days of ground-disturbing activities to provide long term erosion control. 2. Storm water shall be directed to buffer areas or retention basins and not routed directly to streams where practicable. 3. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 4. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiandst and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Ken Averitte of the Fayetteville Regional Office at 910.486.1541. Attachment Pc: Wilmington District Corps of Engineers Steve Lund, USAGE Asheville Field Office NCDWQ Fayetteville Regional Office Central Files File Copy Sincerely, 0-2o998 ?.a..?• ?,,...i x002 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ?,,,.. MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT GOVERNOR SECRETARY June 18, 2002 U. S. Army Corps of Engineers r'? qr A. Asheville Regulatory Office Attn: Mr. Steve Lund, MS, PWS FILE COPY 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Anson County, Proposed Replacement of Two Cross Pipes on SR 1228 (White Store-Pageland Road). State Work Order No. 5.6552 (DWQ Minor Permit Fee $200.00) Dear Mr. Lund: The North Carolina Department of Transportation (NCDOT) proposes to replace two existing cross pipes on SR 1228 (White Store-Pageland Road) in Anson County. The purpose of this letter is to request authorization from the U. S. Army Corps of Engineers to construct the project under a Section 404 General Permit No. 198200031. The existing pipe dimensions are (1) 60" x 40' CUT and (1) 72" x 40' CNIP, which will be replaced by (1) 95" x 67" x 60' CSP and (1) 72" x 60' CN1P, respectively. Traffic will be maintained using an off-site detour. The project area has been reviewed for the presence of listed threatened and endangered species and described in a Nlinimum Criteria Checklist. It has been determined that the construction of this project will have no effect on any listed plant or animal species. There are no wetlands present, although impacts to surface waters will occur. There will be 60 linear feet of permanent stream channel loss and approximately 160 linear feet of temporary impacts (dewatering) associated with this pipe replacement. This is an intermittent stream channel that flows into -a Brown Creek, Yadkin River Basin, Hydrologic Unit 03040104. A Permit drawing and pre- l construction notification form are attached to this letter. r, 7 The NCDOT anticipates that the permit application will be authorized under a Section 404 _i General Permit No. 198200031. We are also hereby requesting a 401 Water Quality Certification, GC 3375, from the Division of Water Quality. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. S 716 West Main Street, Albemarle, NC 28001 9 (704) 982-0101 9 Fax (704) 982-3146 Thank you for your assistance with this project. If you have any questions or need any additional information concerning this notification, please contact Mr. Larry Thompson, Division Environmental Officer, at (704) 982-0101. Sincerely, Benton G. Payne, P. E. Division Engineer LBTBGP Enclosures cc: Mr. John Dorney, NCDWQ Ms. Marella Buncick, USFWS Mr. David Cox, NCWRC Mr. Garland Haywood, Bridge Maintenance Mr. Larry Thompson, Div. 10 DEO Area Field Operations Unit Office Use Only: Form Version April 2001 020998 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. L Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: General Permit 198200031 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: ? H. Applicant Information 1. Owner/Applicant Information Name: N. C. Department of Transportation Mailing Address: 10th Highway Division 716 West Main Street Albemarle NC 28001 Telephone Number: (704) 982-0101 E-mail Address: Fax Number: (704) 982-3146 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: Benton G. Payne, P. E. Company Affiliation: Division Engineer Mailing Address: N. C. Department of Transportation 716 West Main Street Albemarle. NC 28001 Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146 E-mail Address: bpane@dot.state.nc.us Page 1 of 9 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: SR 1228 'te Store-Pageland Road) 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): NIA 4. Location County: Anson County Nearest Town: Peachland Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Peachland, travel east on US 74, turn right onto SR 1240 (Mineral Springs Road) and right onto White Store-Pa eg, land Road. The project area will be the first jurisdictional crossings on White Store-Pageland Road and is just north of the intersection of SR 1228 and SR 1224 (Austin Road). 5. Site coordinates, if available (UTM or Lat/Long): See Attached (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: Rural/Agricultural 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Brown Creek 9. River Basin: Yadkin (Hydrologic Unit 03040104) Page 2 of 9 (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/maps/.) 10. Describe the purpose of the proposed work: Replacing two metal culverts that are damaged due to rust Replacing one 60" x 40' pipe with a 95" x 67" x 60' CSP and replacing a second 72" x 40' pipe with a new 72" x 60' CMP. 11. List the type of equipment to be used to construct the project: Heavy construction equipment (back hoe dump truck boom truck etc.). 12. Describe the land use in the vicinity of this project: Forested on both sides of road. 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. N/A V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A 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 Page 3 of 9 i 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 Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream ear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, 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 http:/,v-,vw.ft-ma.gov. ••* 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: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) S1 (1) (1) 95" x 67" x 60' CSP 20' UT to Brown Creek Approx. 8' Perennial S1(2) Inlet Stabilization 5' UT to Brown Creek Approx. 8' Perennial S1(3) Outlet Stabilization 5' UT to Brown Creek Approx. 8' Perennial S2 (1) (1) 72" x 60' CMP 20' UT to Brown Creek Approx. 6' Perennial S2(2) Inlet Stabilization 5' UT to Brown Creek Approx. 6' Perennial S2(3) Outlet Stabilization 5' UT to Brown Creek Approx. 6' Perennial " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, 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 Page 4 of 9 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 www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww%v.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 60 feet permanent, 40 feet temporary Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ean, etc. ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, L-ccavation, 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.): 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. All wetlands or surface waters not affected by the project will be protected from unnecessary Encroachment No staging of construction equipment will be allowed in or near wetlands or waters of the U S Strict enforcement of sedimentation and erosion control Best Manan eg ment Practices for the protection of wetlands and surface waters will be enforced during all phases of Page 5 of 9 project construction 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. 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 the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of 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. ric.us/ngwetlands/strmizide. html. 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. . No mitigation is proposed for this protect. Page 6 of 9 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 http://h2o.enr.state.nc.us/wrpAndex.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): VIII. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA 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 ? IX. 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 must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, 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 from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 7 of 9 i Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and 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 zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* mpea t Multiplier Mi Required 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. X. XI. 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. N/A 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. All auurouriate Best Management Practices for sediment and erosion control will be implemented during pipe replacement activities. There will be no net increase in storm water runoff as a result of this project being constructed. Sewage Disposal (DWQ Only) 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 XII. Violations (DWQ Only) Page 8 of 9 i Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes E] No Is this an after-the-fact permit application? Yes ? No XIM Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. 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Each pixel represents 4 by 4 meters of earth. image was extracted from a digitized USGS topographic map known as a Digital Raster Graphic (DRG) providec USGS. To find out more information about this image, visit the USGS's P}qLAal 8ack yard The map was produced in 1993 by the USGS National Mapping Division. The image you are viewing can be clm?jnioaded at no charge to vour PC. DRG's may be Purchased from _selected_USGS cleal_e_r,. Alternatively, DRG be obtained directly from the USGS. The original map projection is UTM Zone 17 NAD 27, scale 1:24000 and covers 2.4384 meters per image pixel. USGS Digital Raster Graphic image below is projected in UTM Zone 17 NAD 83 datum. 65 km SE of Charlotte, North Carolina, United States F- SOW 15'20" SOW 14'49" SOW 14' 17" 34N 54' 3 T t' 34N 54' 06" 15' 21" SOW 14' 49" 0 0 Back Homc 34N 54' 32" 3,863,200.0 fi l E 1 34N 54' 06" 3,862,400.0 SOW 14' 17" 1 of 2 6/18/2002 3:55 PM N,orth Carolina Department of Transportation Typical Plan and Elevation of Pipe Installation Permits Asphalt Crown Crown of Roadway to Creek Bed U s. 0 a o U -? ° 0 o ^ L 0 ? ? p o o Z ? ? C C '5 ~ wQ > z ? z 94 5F S t Amount of Fill over i ass I or Class II Rip Rap Slope tection Elevation 1 Line of Corragated Metal Pipe Arch, 95" X 67" With Class I,or II Rip Rap Slope Protection on Inlet and Outlet end v 1 Rip Rap ngth of Pipe 'lass II Rip Rap With Class I or II Rip Rap on Inlet and Outlet end Typical End Elevation Typical Plan View North Carolina Department of Transportation Typical Plan and Elevation of Pipe Installation Permits Asphalt Crown Crown of Roadway to Creek Bed U E z 0 z ? o c ? a x o d a C,3 o L U >; lam) U N o Cn z 00 O N N r , . V ?. c C%1 o w •4 z c ' Q -4 . z 09 7 s I or Class II Rip Rap pzc? v o a ? ao Shoulder Roadway 18-Ft. Amount of Fill over Pipe I -Ft. Overall Length of Pipe Shoulder I Rap Class Class II Rip Rap Typical Plan View With Class I or II Rip Rap on Inlet and Outlet end Typical End Elevation Elevation I Line of 72" Corragated Metal Pipe With Class I,or H Rip Rap Slope Protection on Inlet and Outlet end