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HomeMy WebLinkAbout20020850 Ver 1_Complete File_20020528J MAY2820 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY May 2, 2002 U.S. Army Corps of Engineers 0 2 0 8 5 0 Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Ms. Jean B. Manuele NCDOT Coordinator Subject: Nash County Proposed Pipe Replacement on Sr- 1145 located at Unnamed Tributary of Turkey Creek , Preconstruction Notification for NWP #3/33 State Project No. 5.3252 (DWQ Minor Permit Fee $200) The North Carolina Department of Transportation (NCDOT) proposes to replace existing 1@ 96"x 72"x 40' corrugated metal pipe arch (CMPA) with 1@ 103"x 71"x 50'(CSPA) located on unnamed tributary to Turkey Creek on SR 1145 near Middlesex. The purpose of this letter is to provide notification to the U.S. Army Corps of Engineers (COE) under Nationwide Permit, NWP #3, Maintenance Activities,NWP 33, temporary dewatering. This letter shall also provide courtesy notification to the North Carolina Department of Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) according to concurrence requirements for General Water Quality Certification # 3376/3366. Impacts to the Waters of the United States The proposed pipe replacement will require minimal impacts to waters of the United States in the Neuse River Basin. The minimum necessary amount of riprap will be placed adjacent to the headwalls in order to protect them from erosive scour during high water events. The existing 96"x 72"x 40' pipe will be remove only after dewatering the site. The stream flow is diverted by a pump around the work site back into the stream channel below the cofferdam. Water pumped from the dewatered work zone is pump into a Silt Bag, or a vegetated area prior to entry into the stream channel. Impacts to the stream from construction to the existing channel will be 18 additional linear feet. Division 4, PO Box 3165, Wilson, NC 27895-3165 Phone: (252) 237-6164 Fax: (252) 234-6174 !L Waters of the U.S. Mitigation 2 Avoidance: All wetlands or surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in or near wetlands or surface waters. Minimization: Sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to waters of the U.S. at these sites. Compensatory Mitigation: Construction of the project will result in only minimal impacts to waters of the U.S. Impacts have been minimized to the maximum extent possible during this stabilization project. Riparian Buffer Impacts The proposed pipe replacement project involves a road crossing work within Zone 1 that is subject to the Neuse River Riparian Buffer Rule. Construction impacts at the jurisdictional crossing will be less than 40'linear feet of riparian buffer. According to the Table of Uses (15A NCCAC 02B.0233 the crossing is exempt from the rule. Dewatering The NCDOT proposes to temporarily dewater the work zone in the immediate vicinity of the proposed project. This will involve the temporary placement of sheet metal cofferdams, or silt curtains located inserted upstream and down stream around the base of the slopes temporaily damming the flow in the stream to prevent and disturbed sediments from impacting turbidity levels in the stream in order to minimize temporary increases in turbidity due to construction.Vegetation and buffer zones impacts will be minimal during this process. Permit Issues The purpose of this letter is to provide notification under Section 404 Nationwide Permit ofNWP 33 to temporaily dewater jurisdictional waters during the subject maintenace pipe replacement.is provided as a courtesy notification to the North Carolina division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No. 3376/3366 is provided for this project. NCDOT will comply with all conditions associated with the applicable NWP and WQC. Summary Temporary impacts to the stream channel will be the minimum necessary to effect the repairs, and all appropriate sediment and erosion control measures will be utilized. Temporary impacts to the riparian buffer will not exceed 1500 square feet and any vegetation removed will be restored within six months. NCDOT proposes to replace 1 @ 96"x 72" x 40' long CMP with 1 @ 103"x 71"x 50 feet in length CSPA on SR 1145 over UT in Nash County. The project is located in the Neuse River Basin. Based on the impacts associated with the pipe replacement at this site, the crossing is exempt under the Neuse River Riparian Buffer Rule. Temporary stream impacts will occur during the dewatering activity. NCDOT asks that the dewatering of the work zone be authorized under a Section 404 NWP 33. The NCDOT will adhere to all applicable Section 404 NWT's and Section 401 WQC's conditions. If you have any questions or need additional information, please contact Mr. Jimmy W. Marler at (252) 237-6164. S Engineer III, P.E. cc: Mr. David Franklin, USAC W' ington Mr. John Dorney, NCDWQ, kkaleigh Mr. David Cox, NCWRC, Cr oor Mr. Garland Pardue, USFWS, Raleigh Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer Mr. Don Goins, P.E. Chief Engineer, Operations Office Use Only: 020850 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: ® Section 404 Permit ? Section 10 Permit ? 401 Water Quality Certification ® Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3., 33 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: Mr. James H. Trogdon, III. P.E. Division Engineer Mailing Address: North Carolina Department of Transportation/Div.4 P. O. Box 3165 Wilson. NC 27895-3165 Telephone Number: (252)237-6164 Fax Number: (252)234-6174 E-mail Address: jtrojzdon@dot.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: Mr. Jimmy W. Marler Company Affiliation: Division Bridge Maintenance Engineer Mailing Address: P. O. Box 3165 Wilson NC 27895-3165 Telephone Number: (252)237-6164 Fax Number: (252)234-6174 E-mail Address: jmarler(2dot.state.nc.us Page 6 of 14 III. 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: NIP # 632056 NASH CO. 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): NA 4. Location County: Nash Nearest Town: MIDDLESEX Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): 0.5 MILE NORTH OF SR 1114 I MILE NORTH OF WHITLEY'S CROSS ROADS on SR 1145 5. Site coordinates, if available (UTM or Lat/Long): UTM 17757306E 3972865N (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, Agriculture 7. Property size (acres): NA 8. Nearest body of water (stream/river/sound/ocean/lake): TURKEY CREEK 9. River Basin: Neuse River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin ma is available at htt- ht_'o e;li- Mace nc.:-i Page 7 of 14 10. Describe the purpose of the proposed work: Replace existing pipe with 1 @ 10Yx 71" CSPA X 60' due to its structual condition 11. List the type of equipment to be used to construct the project: Heavy Construction (track hoe excavator, dump truck) 12. Describe the land use in the vicinity of this project: Residential/ Agriculture 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. NA V. Future Project Plans Are any future 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: NA 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 Page 8 of 14 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 linear 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 htip:/h"«tiv.lcma. 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: NA Total area of wetland impact proposed: 0 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? especify) NIP 632056 Pipe/Riprap 50 UT 6 Perennial Nip 632056 Temp Dewater 20 UT 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. ** 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 _•• Several internet sites also allow direct download and printing of USGS maps (e.g., etc.). Cumulative impacts (linear distance in feet) to all streams on site: 60' Page 9 of 14 3. 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, ocean, etc. 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.): 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 Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Page 10 of 14 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. 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.etir.state,nc.us/'ncwetlands/strm?-,ide.html. 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. 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 Page 11 of 14 process for the NCWRP, check the NCWRP website at i«:_ +L t?i. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: IX. 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): 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 ? 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 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. 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 Suppl Buffer Requirements), or other (please identify )? Yes R No ? If you answered "yes", provide the following information: Page 12 of 14 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* Impact ware feet Multiplier Required Mitigation 1 1500 3 0 2 0 1.5 0 Total 1500 0 * Zone 1 extends out 30 teet perpendicular trom near oan?c of cnannei; cone /- extenus un additional 20 feet from the edge of Zone L 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. Temporary dewatering and all appropriate best management practices for sediment and erosion control will be implemented during streambank stabilization and scour protection. XII. 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. NA XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 13 of 14 XIV. 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. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). O b'Z, t gent' Signature Date signature valid only if an authorization letter from the applicant is provided.) Page 14 of 14 o 0 0 m D C-) ? O ?z D n '- z D O O O ? O n U) _ FT r rn Il o 36' Go -i>m O 0 col X .? cn 0:2 > 20 3rn 7' a o Z 9 li o n ; o oilp- rn 0 O II ?' Z I ? -o z FTI 00 ?z D n ?J W A ER FL W "'i 9' ,- O D O 0 Z U) O F71 CA -V m "a 0% C rn CA rn W II Zrn c C) I 0 0m -?? z? 5 rn ?_ °z rn ! -i O z G C 0 CA Cn m D -+ r o N Z T ?M ? N N wo oZ ?m N C4 0 Z ?M m-A 20' 91 1 AWS 171 EXS ING PIPE 0' Ll Fl f-4 ? 50' ? *1 3 N , O i- N o Z D - C/? D QT'S .J 0 r 1 rn C J cn I D ' ? D ?-0 o6 -o m ?Z mm - z -? 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