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STATE of NORTH CAROLIN AS ?DST'tk x2006'
A Q?ri,;l?rsv .
DEPARTMENT OF TRANSPORTATION y9rrR?c
MICHAEL F. EASLEY LYNDO TIPPETT ti
GOVERNOR
Qcrot?-r `n ?.
DIVISION 4
November 7, 2006
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(One Copy)
Mr. Robert Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
(Seven Copies)
1 7 5z
SUBJECT: NWP 3 and 33 Emergency Notification and Buffer Authorization Request,
for the extension of the culvert on an Unnamed Tributary to The Canal
under US 70, Wayne County.
WBS Project Number: 11604.1096800
Dear Sirs: e
The North Carolina Department of Transportation (NCDOT) is conducting emergency
repairs to a box culvert on an UT to The Canal under US 70 in Wayne County. The
repairs are located on the culvert downstream of a privately owned pond known as
Cogdell Pond. Heavy rains from Tropical Storm Ernesto caused the dam for the pond to
fail, and the rush of water undermined the culvert crossing under US 70. East bound
lanes on US 70 were shut down due to the formation of a large sink hole from the failed
culvert. NCDOT rerouted traffic onto the west bound lanes and began emergency repairs
on the culvert on September 1, 2006. The repairs will result in impacts to an UT to The
Canal due to the replacement and extension of the culvert to facilitate travel lane and
shoulder widening. The NCDOT anticipates that the pipe replacement activity will be
authorized under Nationwide Permit (NWP) 3 and NWP 33 and temporary losses to the
waters will be minimized by the use of sheet pile cofferdams being placed within the
Post Office Box 3165, Wilson, North Carolina 27895-3165
Phone (252) 6237-6164 Fax (252) 234-6164
impact area. All work will be conducted in the dry and Best Management Practices for
the Protection of Surface Waters will be strictly adhered to during the repairs of the
culvert.
NCDOT has recognized the Cogdell Pond site as a potential area for wetland, stream, and
buffer restoration/enhancement. In order to prevent the worsening of an upstream
headcut, the sheet pile cofferdams will remain in place and be used as a temporary weir in
anticipation of a NWP 27 for wetland and stream rectnrntinn Thr rnffi>riinme 117;11 hA n„?
to an elevation which allows continual flow of the stream while minimizing the formation
of an upstream headcut.
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list one federally protected species for
Wayne County (Table 1).
Table 1- Federally Protected Species of Wayne County
Federal Habitat Biological
Common Name Scientific Name Status Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
No pine trees suitable for RCW foraging or nesting are in, or adjacent to, the culvert. This
project is not likely to jeopardize the continued existence of the federally protected
species listed in Wayne County.
No sites eligible for listing on the National Register occur within the area of potential
effect. This project will not affect listed or eligible historic properties.
Regulatory Approvals
USACE Section 404 Permit: The project qualifies for Nationwide Permit 3 (Maintenance
of previously approved structures) and Nationwide Permit 33 (Temporary Construction,
Access and Dewatering). All permit conditions will be followed.
NCDWO Section 401 Certification: The project qualifies for 401 General Certification
number 3494 and 3366. All conditions of the general certification will be followed.
NCDWQ Buffer Rules: As road crossings less than 150 linear feet or 1/3 acre are an
allowable use, written authorization from the Division of Water Quality is not required.
Only Buffer Rule approval is sought in writing.
Please contact Jamie Guerrero at (252) 296-3530 if you have any questions or need
additional information. Your time and effort are appreciated.
Respectfully Yours,
R.E. Greene, Jr., PE v
Division Engineer - Division 4
Cc: Mr. Jamie Guerrero, Division Environmental Officer
Mr. Jimmy Marler, Bridge Superintendent
Mr. Bobby Lewis, Division Maintenance Engineer
Office Use Only:
Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 6 1 7 5 4
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Infonnation
Name: R. E. Greene - Division En ineer
Mailing Address: PO Box 3165
Wilson NC 27895-3165
Telephone Number: 252-237-6164x3501 Fax Number: 252-234-6174
E-mail Address: rureene dot state.nc.us
2. Agent/Consultant 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: Jamie Guerrero Division 4 Environmental Officer
Company Affiliation: Division 4 - NCDOT
Mailing Address: 509 Ward Blvd.
Wilson NC 27895-3165
Telephone Number: 252 237-6164x3530 Fax Number: 252-234-6174
E-mail Address: errero dot. state.nc.us
updated 11/1/2005
Page 5 of 13
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 he indudert If .,ncci?,lo ....-.._, - _._ -, ,
id plan should
include the appropriate USGS Topographic Quad Map and NRCS Soil 1Survey wit
h the s o erty
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: Box Culvert Re air on US 70 over Unidentified Tributa UT to The
Canal in Wayne County
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wayne USGS Northwest Goldsboro Ouad map Nearest Town:Goldsboro
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): This site is on US 70 iust
west of Goldsboro between NC 581 and US 117 in Wa e Count
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4078 °N 78.0299
ow
6. Property size (acres): N/A
7. Name of nearest receiving body of water: UT flows into The Canal
8. River Basin: Neuse River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mar)s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: urban area with some small patches of pasture and farmland
in surroundinu area
10. Describe the overall project in detail, including the type of equipment to be used:
Updated 11/1/2005
Page 6 of 13
Usina mechanical highway equipment to replace and extend a 20' section of box culvert with
dimensions of 6' X 8' with a 32' section with win walls with same dimensions. An on-site
detour using eastbound lanes of US70 will be established
11. Explain the purpose of the proposed work Current culvert failed during heavy rains from
Tropical Storm Ernesto causing pavement to cave in The ungraded culvert with vin walls
will also provide gentler and more stahlP VP(YPtgf- i ? i-
current NCDOT construction and safet standards~wu ,.u, Jw " uiiu unn =This site u to
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 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.
No
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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. Provide a written description of the proposed impacts:. Twelve linear feet or 0.0008 acres of
permanent fill in stream channel from additional culvert len h. The additional 12 foot of
Updated 11/1/2oo5
Page 7 of 13
and safety standards as well as providing gentler and more stable vegetated s de lop sructior
2. Individually list wetland impacts. Types of 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.
Wetland Impact 1
Type of Wetland
Site Number Type of impact e,
(indicate on map) (g•, forested, marsh,
herbaceous, bog, etc.)
Total Wetland Impact (acres)
Located vVithil,-,
?,. Lis ^
tance to
ea of
100-year Nearest pact
Floodplain
Stream
cres)
F
( es/no (linear feed
3. List the total acreage (estimated) of all existing wetlands on the property. N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acrea e, multi 1 len th X width, then divide b 439560.
Stream Impact
Number Stream Name Type of Impact Perennial or Average Impact Area of
ndite on ma) Intermittent? Stream Width Length Impact
Before Impact linear feet acres)
UT to The Canal Fill (additional 3
pipe length) Perennial 12 .0008
UT to The Canal Temporary sheet 0
pile for dewatering Perennial 0 0
Total Stream Impact (by length and acreage) To (2 .0008
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of
indicate on ma (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc. (acres)
Updatcd 11/1/2005
Page 8 of 13
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project
stream Impact (acres): .0008
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0008
Total Stream Impact (linear feet): 12
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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. Equipment staging and work
will be erformed within the existin road footprint. Strict enforcement of Best Man------'
Practices for sedimentation and erosion control the protection of wetlands and surface waters
will be enforced. Offsite detours will be used to avoid tem orar fill from an onsite detour.
Updated 11/1/2005
Page 9 of 13
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 January 15, 2002, 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 NCEEP 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://h 2o.enr.state. nc us/ncwetlands/stnn ide 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.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
UPdatcd 11/1/2005
Page 10 of 13
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 (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. 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 ® Meets Federal Categorical Exclusion criteria
3. 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 (required by DWQ)
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 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse River )? Yes ® No
If "yes", 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* I Impact I Required
(souare feed Multiplier
238 }- 307
75
Total I 3_0
* Zone I extends out 30 feet perpend
additional 20 feet from the edge of Zone icu 1lar from the top of the near bank of channel; Zone 2 extends an
.
Updated 11/1/2005
Page 11 of 13
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
All appropriate best management practices for sediment and erosion control will be
implemented.
XII. Sewage Disposal (required by DWQ)
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
XIII. Violations (required by DWQ)
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 pen-nit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state. nc.us/n cwetl ands. If no, please provide a short narrative description:
This culvert replacement and extension is a maintenance project only.
UPdated H/1/2005
Page 12 of 13
XV. 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. nr nthPr;ca„ac ---1: ,.,.. 0- _ IN
. , -_, .... - vL ,u%, "FY111,.a1111)
1;V111I'Ul).
'/-7-d,
ApFtieagUAgent's Sk
(Agent's signature is valid only
turc Date
an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
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35.4079°N, 78.0296°W (NAD27)
Cogdells Pond, USGS Northwest Goldsboro (NC) Quadrangle
Projection is UTM Zone 17 NAD83 Datum
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