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HomeMy WebLinkAbout20051033 Ver 1_Complete File_2005053105 0334 OJ,Fy STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPOR MICHAEL F. EASLEY P. O. Box 25201. Raleigh. NC 2761 1-5202 0,%TRNUR PHONE: 919-733-2520 May 24, 2005 Mr. John Thomas U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 Subject: Nationwide Permit 43 y'PF TATIOI pG9 9 D LYI TIPPE RETARI ?y SR 1796 (Bob Jessup Road) pipe replacement Surry County, North Carolina Project Number: 11.208611 (No DWQ Permit Fee Required) I x te 3 Dear Mr. Thomas: The NC Department of Transportation is scheduled to replace a 42" pipe on SR 1796 in Surry County. The existing 42" CMP consists of three sections jointed together. The joints on each end of the middle section have failed. This failure has caused the roadway shoulder to fail. We are proposing to install a new 42" pipe of the same length (80 feet). The new pipe will be bored and jacked at a location approximately 9 feet to the east of the existing pipe (see plan sheets). By moving the inlet location, the new pipe can be installed without disturbing the existing stream channel. The new pipe will be installed on a 5% slope but will remain perched with an energy dissipator pad placed at the outlet. Channel realignments will be required on both the inlet and outlet ends of the pipe. At the inlet, there will be 25 feet of new channel construction and 30 feet of old channel fill with a net loss of 5 feet of stream channel. At the outlet end, there will be 15 feet of new channel construction and 15 feet of old channel fill (net loss of 0 feet). The newly constructed sections will have 2:1 side slopes and will be seeded and matted. New channel design will maintain existing widths and depths throughout the new channel sections. Right-of-way is not an issue at this location. All appropriate BMPs will be used during construction. The spring at the outlet of the pipe will not be disturbed. Total stream channel impacts at this location will be 5 feet. Rip rap impacts will total 10 feet. Construction of this project will require impacts to waters of the United States in the Roanoke Basin. This pipe carries an unnamed tributary to Big Creek (Class: C; Tr). Historic compliance work will be scheduled and concurrence with the State Historic Preservation Office will be 11. 0. 13ox250, N. WILKESBORU, NC 28659 PHONE (336) 667-9111 FAX (336) 667-4549 Mr. John Thomas SR 1796, Bob Jessup Road. Surn- Page 2 May 24. 2005 obtained if required. The proposed project should not remove or degrade existing water quality uses. The pipe size used will be the minimum necessary to create a safe roadway. Attached is a Preconstruction Notification Form, plan sheets, a marked county map, a marked topography map and photographs. By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with the North Carolina Wildlife Resources Commission comment directly to you concerning the 404 Nationwide Permit application with a copy sent to me. We would like to begin construction as soon as possible. If further information is required, please let me know. Your early review and consideration will be appreciated. Sincerely, ( Gc?? Staci Hining Division Environmental Specialist Enclosures cc: John Thomas, US Army Corps of Engineers (I additional copy) Ron Linville, Western Piedmont Region Coordinator, NCWRC John Hennessy, Division of Water Quality (2 copies) Mike Pettyjohn, PE, Division Engineer Brandon Whitaker, PE, District Engineer Mark Williams, County Maintenance Engineer Heath Slaughter, Division Environmental Officer Neil Trivette, Roadside Environmental Field Operations Engineer Office Use Only: o Fonn Versionnpril2001 USACE Action ID No. D`'VQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. 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 ?. Nationwide, Regional or General Permit Number(s) Requested: NW -43 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: North Carolina Department of Transportation Mailing Address:_ P. O. Box 250, North Wilkesboro, NC 28659 Telephone Number: (336) 903-9203 Fax Number: (336) 667-4549 E-mail Address: sshininga(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: Staci Hininu, Division Environmental Snecialist Company Affiliation: North Carolina Department of Transportation Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659 Telephone Number:_ (336) 903-9203 Fax Number: (336) 903-9203 E-mail Address:__ sshinin a:dot.state. nc.us Page 3 of I 1 Ill. 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 I 1 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 1796 pipe failure 2. T.I.P. Project Number (NCDOT Only): 11.208611 3. Property Identification Number (Tax PIN): 4. Location County: Sum Nearest Town: Asbury Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): See attached SR map. 5. Site coordinates, if available (UTM or Lat/Long): DD: 36.52740N, 80.4431 ° 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: Residential/Farm 7. Property size (acres): Approximately 0.01 newly disturbed acres. 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Big Creek Class: C; Tr) 9. River Basin: Roanoke (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at 10. Describe the purpose of the proposed work: Repair failed roadway pipe. Page 4 of 1 I 11. List the type of equipment to be used to construct the project: Track floe/back floe, dump trucks, and bore and jack equipment IV. V. VI. 12. Describe the land use in the vicinity of this project: Residential/Farm 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 xvith 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 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 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 Pap 5 of 11 Welland Impact Site Number (indicate on nia) Type of Impact* Area of impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A List each impact separately acid identity temporary impacts. Impacts include, but are not littute d to: mechanized clueing, gradnmg, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to boils stnicture and flooding. ** 100-Year floodplains are identified through die Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-359-9616, or online at *** List a Nvctland type that best describes wetland to be impacted (e g., freshwater/saltwater marsh, forested NNetland, beaver pond, Caroluia 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 Length of Average PcrennU or Site Number Type of Impact* Impact Stream Name** Width of Stream Before Intermittent? (indicate on map) (linear feet) Impact (please specify) Site 1 (inlet) Fill 5 feet (net) UT to Big Creek 3 feet Perennial List each impact separately and identity temporary impacts. Impacts include, but arc not linuted 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 yvall, gabions, etc.), excavation, ditchiimg/straiglmtuung, etc. If stream relocation is proposed, plans and profiles shoyving the li iear 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 tributar)) to the nearest doyymslreanm named stream nito yyluch it flows. USGS Wraps are available through the USGS at 1-800-358-9616, or online at Several Intemct sites also allow direct do-miload and printing of USGS maps (e.g., etc.). Cumulative impacts (linear distance in feet) to all streams on site: 5 In. ft. of new impacts. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name of Waterbod Type of Waterbody Site Number T )pc of Impact* Impact y (if applicable) (lake, pond, estuary, sound. (indicate on ina (acres) baN,. ocean, etc.) Site 1 (irdet) Rip rap placement for bank stabilization ,001 UT Big Creek Perennial stream List each impact separately and identify temporary impacts. Impacts include, but are not linuted to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation Page 6 of I 1 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., dani/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. Due to the failed pipe and subsequent slope failure along SR 1796, the proposed stream relocation is the most environmentally sound solution since we have the necessa _ right-of-way. All appropriate BMPs will be used during construction. 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 Page 7 of 11 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 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 NCNVRP 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 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 ? 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 ? Page 8 of 1 I X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and snap 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 (Neuse), 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* Impact (square feet) Multiplier Required Miti gation 3 2 1.5 Total vuc , cNicnus oui .1u iext PCTI)cnulcular trom near MIX of channel; Lone 2 cNtends an additional 20 feet from the edge of Zone 1. 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. A 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. Impervious surface area will not increase All appropriate best management practices for sediment and erosion control will be implemented during pipe installation XII. Sewage Disposal (DWQ Only) Page 9 of 1 I 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. 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 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). Appl icant/Age nt's-Signature (Agent's signature is valid only if an authori liate letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Ro%van Ymcc?- Room 208 Burke Gaston Macon Rutherford Asheville. NC 28801-5006 Cabarrus Graham Madison Stanlcv Tclephone: (828) 271-4851 Caldwell HayNvood McDoNvcll S«ain Fax: (828) 2714858 Catamba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Nilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Sum' Suite 120 CasNvell Forsyth Northampton Vancc Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Page 10 of 1 I F..T?.if,: ;rT1 ?,1, 4v, 53 AO ? ? 103 1743\11 !tb 17 ` V,h• e ?. 1742 0 t. 1 1793 1792 1840 J?(P 1791 1791 1$ 17 1850 5 Mt. Herm)p 1795 Ch, t c? 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