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HomeMy WebLinkAbout20061249 Ver 1_Complete File_20060804G:? 1 Z 5 y x f 1 r P North Carolina Wildlife Resources Commission P Richard B. Hamilton, Executive Director MEMORANDUM TO: John Thomt<as, Pcnnnit Coordinator ?? Lea D Raleigh Office. U.S. Anny Corps of Engineers ?? "? i 5 zoos FROM: Ron Linville, Regional Coordinator Al1G Habitat Conservation Program DENR _ WATER QUALITY STQR?dWATER BRPIICH 1s';ETLAt403 M40 DATE: August 7, 2006 SUBJECT: North Carolina Department of Transportation (NCDOT), SR3000, Dock Davis Road, Unnamed Tributary Yadkin Rivcr, Forsyth County NCDOT is requesting a letter of concurrence from the North Carolina Wildlife Resources Conunission (NCWRC) to obtain a 104 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance «vith provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to remove and replace a deteriorating perched culvert using pumping to avoid sediment and turbidity issues. An additional twenty (20) feet of strearn will be impacted for a new pipe (60' x 142" x 91") plus additional riprap on each end of the new pipe for stability. The project is needed for highway maintenance and public safety. It is possible that Bog turtles, Clemmys muhlenbergii (NCT, FT S/A) could be in this area of Forsyth County as they are known for «vaters in the Yadkin basin and bog turtles have populated southern Forsyth County. Flood Nvaters could easily move individual specimens to this area. Based on the information provided by the applicant and our knowledge of the project area, we do not believe this project will cause significant effects to waters. Therefore, Nve do not object to the project as proposed. Culverts 48 inches diameter or larger should be buried a foot into the strcannbcd. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. Pipe depth must be based on natural tlralweg depth. NCDOT staff and construction crews working on the project should be shown pictures of a Bog turtle and instructed to contact the NCDOT Environmental Officer imnncdiately if a Bog turtle(s) is found dead or alive. Appropriate steps must be taken to protect the turtle(s) if any are found. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. E-copy: Sue Homewood, DWQ-WSRO Diane Hampton, NCDOT Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 d'?TNf ? 3 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPET GOvERNOR SECRETARY August 4, 2006 SUBJECT: Forsyth County - Dock Davis Road SR 3000, WBS It 913.203411 Mr. John Thomas .} US Army Corps of Engineers • ? ?? 4 , 0 6508 Falls of the Neuse Road, Suite 120 - x Raleigh, NC 27615-6814 Dear Mr. Thomas, In an effort to obtain the necessary permits for the subject road construction, we are providing a pre-construction notification application with supporting documentation for the work on Dock Davis Road in Forsyth County. This is a permit for defined streams with distinct stream banks. There will be 20 feet of permanent stream impacts. We propose to replace a perched pipe, which crosses an uiwamcd tributary of die Yadkin River. Stream flow will be pumped around during construction. This will enable the work to be performed without affecting die live stream. Rip rap will be placed along side of each end of the new pipe on the banks to protect it from scour. No endangered species were found on 8/3/06. We believe this project can be accomplished under Nationwide Permits 3 and 33. By copy of this letter, we are also seeking approval from the NC Wildlife Resources Commission, NC Department of Natural Resources - Water Quality, and the State Historic Preservation Office. Therefore, we are submitting the enclosed material to them. If you have any questions, comments or need additional information after reviewing this material, please contact me at (336) 703-6500. Thank you for your cooperation in this matter. Respectfully, Diane K Hampton, P.E. Division Environmental Engineer Enclosures CF: Mr. Pat Ivey, P.E., Division Engineer Mr. George Teague, Division Bridge Engineer Mr. Ron Linville, NCWRC Mr. David Brook, SIIPO Ms. Sue Homewood (2 copies) DENR - Water Quality Mr. John Hennessy (5 copies) DENR - Water Quality Division of Highways • Division Nine • 375 Silas Creek Parkway, Winston-Salem, NC 27127 Telephone (336) 703-6500 • Fax (336) 703-6693 9 Courier Box 13-12-04 Office Use Only' Form Version April 2001 USACE Action ID No. DWQ No. ? 0 0 r I ,T n 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 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: NW-3, NW-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: ? H. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation - Division 9 Mailing Address: 375 Silas Creek Parkway Winston-Salem NC 27127 Telephone Number: 336-703-6500 Fax Number: 336-703-6693 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: Diane Hampton PE DEO Company Affiliation: NCDOT - Division 9 Mailing Address: 375 Silas Creek Parkway Winston-Salem NC 27127 Telephone Number: 336-703-6500 Fax Number: 336-703-6693 E-mail Address: dkhampton@dot.state.nc.us Page 3 of 12 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: Dock Davis Road SR 3000 MS 913.203411) 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): N/A 4. Location County: Forsyth Nearest Town: Clemmons Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take I-40 west from Winston- Salem, take Lewisville-Clemmons Road south. Follow it past US-158 in Clemmons where it turns into Middlebrook Drive Stay on Middlebrook until it intersects Idols Rd. turn right. Follow Idols Road for 2 miles then turn left and over the railroad tracks onto Dock Davis Road The pipe will be 0.3 miles down the road. 5. Site coordinates, if available (UTM or Lat/Long): 35.978° N 80.394° 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: Suburban 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Trib. To Yadkin River 9. River Basin: Yadkin (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.ne.us/adinin/maps/.) Page 4 of 12 10. Describe the purpose of the proposed work: To install 60 feet of 142 x 91- inch pipe with 12 feet of rip rap on banks on each end Existing pipe is 40 feet long 72 inch diameter partials crushed and rusted out with head walls and no shoulder. This work will provide a safer road for the travelling public. 11. List the type of equipment to be used to construct the project: standard pipe construction equipment including a trackhoe 12. Describe the land use in the vicinity of this project: suburban 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. 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 delineation map, whether or not impacts are proposed to these systems. Wetland and stream Page 5 of 12 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** (cs/no Distance to Nearest Stream (linear feet) Type of Wetland*** N/A - -L_....._., ..,?..?..? .....a:.... rep * List each impact separately and identify temporary impacts. impacts include, out arc not tirrm. u co: nee?uauuw 411VIU1116, 61„u,,.15, ...., 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 httn://www. Tema. pgov. *** List a wedand type that best describes wetland to be impacted (e.g., freshNvaWr/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: none Total area of wetland impact proposed: none 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (Ihicar feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif ) 1 Permanent 60 Ur to Yadkin R. 12 Perennial 1 Rip rap on banks 12 each side Ur to Yadkin R. 12 Perennial 1 Removal of pipe -40 Ur to Yadkin R. 12 Perennial " List each impact separately and identify temporary impacts. Impacts include, but are not tinned to: cutveris anu assocmcw lip-ldy, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gaint), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightcning, 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 www.usgs.,gov. Several internet sites also allow direct download and printing of USGS maps (e.g., Nvww.toLnonc.cont, www.mauucst.com, etc.). Page 6 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 20 permanent (60' new and 40' removed) 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 Watcrbody ( applicable) Type of Watcrbody (lake, pond, estuary, sound, bay, ocean, etc. N/A * List each impact separately and identify temporary impacts. Impacts include, but are not mmtea to: im, excavation, areagmg, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A 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. Dock Davis road is a 2 lane road with moderate traffic. At this location, the pipe is washing out and there are holes in the shoulder at the headwalls. The existing pipe is perched. By replacing this pipe and making room for shoulders, the road will be safer. The new pipe will be buried one foot to provide aquatic life passage The new pipe will have a larger, more appropriately sized cross-sectional area. Rip rap will be placed around the pipe and along the banks to prevent erosion There will be 20 feet of net impacts. The work will be constructed with the stream water being pumped around All efforts to insure erosion control and to Page 7 of 12 minimize the placement of rira will be made. Natural materials will be used to stabilize the banks where possible Construction will be completed in a timely fashion to not upset the natural and human community. 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 littp://li2o.enr.state.ne.us/newetlands/strmgide.htnil. 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. Since the existing 1 ipe is perched and eroding we feel that by installing the new pipe to insure aquatic life passage and preventing erosion we are mitigating for any impacts. No further mitigation is proposed - Page 8 of 12 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 liup:02o ennstate.nc.us/wrp/index.litm. 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): 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 ? 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 Page 9 of 12 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 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 tion 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near banK of ctnannet; Gone z extends 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. N/A - - XL 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. N/A XH. 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 Page 10 of 12 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization 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 Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alaniance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Allegliany Edgecombc Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Suny Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Page 11 of 12 `, ?'. Vti,., yf i??/- Mal •,1. . ;'• • • • 1 ?=' ? _) ? ,;t,"•ii X 00 i / • .. ) 'El st emmons ti ?z) r dK /l!(!t { cm 7 p n o- T? a on I 10 1 ? i 717 4? t'y?+ ac; ? t ? ? ? `? V •r?\ i I ? ., • y? •l •1 f ? 1 / ? \ ?r ` "\ \ M?dd7CMk A ?Q? \ ._ ?r? ?-?i l ... h: \ l ' I( .y?? `tom ' I ??} , , : • 7 94 • 47 L ?`\? ? l ... ? 8L, r i- ' r? 1 ? !. ?? ?` ? ? f ? _? 1. I• i J? I ' I •? ? ? x _ ? . 1 : . 1 • DO S ' `t• \? ?'f f "IJ 70, ` ' l t M • , r?? -";N C j / . i? J Rl? . I K: ? Subslitlon 1 COMOM / `1 1 •/ ??79f,.`, G'?,? 1 ? `.,rk??.??`/\?/y'?? ? • ? ` JJJ? / / o `??.... `y 1i ? ? 1,/ -? ??•'1. 16. . 7490 ?Tv r, a ? 81 w 1 Name: ADVANCE Location: 035.9773737° N 080.3929173, W Date: 8/4/2006 Caption: Forsyth County Scale: 1 inch equals 2000 feet Dock Davis Road. SR 3000 Pipe Replacement a Vvyiiynl lW 1 vao, IvlaptM11, mc. t? s E !' { ij 1j i 11 i' P--v f? erjpgw raw cn? Csv40"=CLM) ri.F? l?hs?c.sc:. .lvc /? Q ritFi G i4ce . SA-usdL-A'f ??.G . 28147 7o4---1039 -7-565' w,?.-:5&•fca 33(r, -- s"93 ?E33? 5 SR?3 ' UA'4L(S ?aa+ ? iPtA (?, l Z \0003'5 :o "pt- A Idic?. t kcp- RAP C- m-L Stems enpsrla6l ??r?v?c, ESQ .- ,* Apor-tw sM?us