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HomeMy WebLinkAbout20061754 Ver 1_Application_20061108d..SfN(o? - G??{(?^V, r ? V %o ?//? 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 --. --c--- -^r^••••••••.••y....•.......wa.ai?.. aaa?.WYt1.u-JJ.NV/70ilUL=-/b.VLyb?b'G... OA 0.2 0.3 0.4 0.5 kw 0 0.09 0.18 0.27 0.36 0.45 tai 35.4079°N, 78.0296°W (NAD27) Cogdells Pond, USGS Northwest Goldsboro (NC) Quadrangle Projection is UTM Zone 17 NAD83 Datum M* G M=-9.193 G=1.723 1 of 1 11/6/2006 10:09 AM - - - - - - - - - - - - - - - Z w z O L Q } L U !- ry coCL 0 = n . c z Z U ? NN > u a i > . ? d o O w a> mz o0 v ° z w z O N J ~ - O - w~ co Z g ti U O O ?aJ a a ?- LO g z U) ? N ? 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