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HomeMy WebLinkAbout20110553 Ver 1_Application_20110608 STATE OF NORTH CAROLINA 0 Ip?t(d,, o wq?RB ZQJJ ^KS DSTp?,MIyO(??R Y DEPARTMENT OF TRANSPORTATION " BEVERLY EAVES PERDUE EUGENE A. CONTI, JR. GOVERNOR SECRETARY June 2, 2011 Mr. Robert Ridings NC Division of Water Quality Transportation Permitting Unit ® 1650 Mail Service Center 5 53 Raleigh, NC 27609 SUBJECT: SR 1114 Piney Woods Road in Halifax County Dear Sirs: The North Carolina Department of Transportation (NCDOT) proposes to improve and pave SR 1114 (Piney Woods Rd.), currently an unpaved secondary road in Halifax County. This project is part of a statewide initiative to upgrade the transportation infrastructure in rural areas. The primary elements included in this project are widening the road to meet current engineering and safety standards, bring the road to a uniform finished grade, and pave. Project related impacts to jurisdictional areas will occur at a crossing of an unnamed tributary of Deep Creek. This feature is shown as an intermittent stream up to the east side of the existing road on the Dawsons Crossroads Quad sheet. Widening the road and replacing the existing crossline pipe will result in 1000 square feet of buffer impacts and 9 linear feet of stream impacts. This activity will also require the relocation of the roadside ditches on either side of the road. The 50' right of way encompassed by this project has passed through the Right of Way Branch of NCDOT and been acquired, severely limiting our ability to construct ditches with 3:1 slopes at this buffered stream crossing. In an effort to protect the existing use of this roadway while bringing it up to current standards, we propose maintaining 2:1 slopes on the relocated ditch. Topography and other conditions specific to this location make stopping the ditch before the buffer an unworkable solution. One other stream feature appears on the quad sheet within the project area but based on our field observations, and your subsequent concurrence, this feature has been deemed non jurisdictional from a DWQ standpoint. A copy of that original correspondence, as well as a topographic map resource depicting both stream features is included with this application. The jurisdictional stream is labeled "C" on the topographic map resource. I have also included a permit drawing for the area with planned impacts. NCDOT anticipates that this project will be authorized under a NWP 14. This application is also intended as a request for written authorization from the NC Division of Water Quality to proceed with a pipe replacement under General Water Quality Certificate # 3704. For our files, please provide written notice that this activity is authorized. If you have any questions or need any additional information, please contact Chad Coggins, Division Environmental Officer at (252) 296-3532. Your time and effort are greatly appreciated. Respectfully yo s, . W Robert W. Lewis, PE Division Engineer ?o/F W^A7F > y ? ILJY?A1 JYL7\?\ ? O c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: El Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: SR 1114 (Piney Woods Rd.) 21b. County: Halifax 2c. Nearest municipality / town: Tillery 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: NCDOT Division of Highways 4b. Name: Robert W. Lewis, Division 4 Engineer 4c. Business name (if applicable): NCDOT, Division of Highways 4d. Street address: P.O. Box 3165 4e. City, state, zip: Wilson, NC 27895-3165 4f. Telephone no.: (252)237-6164 4g. Fax no.: (252)234-6164 41h. Email address: bobbylewis@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Chad Goggins 5b. Business name (if applicable): NCDOT Division 4 Environmental Officer 5c. Street address: P.O. Box 3165 5d. City, state, zip: Wilson, NC 27895-3165 5e. Telephone no.: (252)296-3532 5f. Fax no.: (252)234-6174 5g. Email address: ccoggins@ncdot.gov Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: 36.2108 Longitude: - 77.5272 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Deep Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Tar-Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The land use in this area is predominantly silvicultural and agricultural. 31b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 12' 3d. Explain the purpose of the proposed project: The purpose of this project is to grade and pave an existing unpaved secondary road as part of an ongoing effort to update the state road system and improve the transportation infrastructure in rural areas. 3e. Describe the overall project in detail, including the type of equipment to be used: Standard earth moving, road building and paving equipment will be used to widen the road surface, achieve a finished grade and pave the finished road. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ? No ? Unknown Comments: NCDOT has gained concurrence from NCDWQ for a stream determination made within the project area. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Byron Bateman Other: NCDOT/ Division 4 Environmental Specialist 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Letter from Rob Ridings (NCDWQ) Dated December 2, 2008 attached to application. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ® Buffers ? Open waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Pipe Placement UT of Deep Creek ? PER ® INT ? Corps ® DWQ 1.5 9 S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 9 3i. Comments: The 9' of linear stream impacts associated with this project are related to the upsizing of an existing crossline to accommodate widening the travel surface of the road. Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ®Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for Stream name mitigation (square feet) (square feet) or Temporary T impact required? B1 ® P ? T Roadway fill UT of Deep Creek ® Nos 600 400 B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 600 400 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts associated with this project are directly related to widening this road and upsizing the existing crossline to accommodate the widened road surface. Increases in road width and crossline length will conform to current engineering and safety standards. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. This project will operate under an approved Sediment and Erosion Control Plan and will also adhere to all permit conditions set forth by the NC Division of Water Quality. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 61h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ® Yes ? No Comments: See attached erosion control plan. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: All of the stormwater associated with this project will be directed through grassed ditches for treatment. See attached cover letter for additional information. ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HOW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ® Other: NPDES 4b. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form -Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. No wastewater will be generated by the construction of this project. Page 10 of 11 PCN Form -Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a . Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b . Have you checked with the USFWS concerning Endangered Species Act ? Yes ®No impacts? ? Raleigh Sc . If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d . What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Natural Heritage Program Database and NCDOT GIS Layers. 6. Essential Fish Habitat (Corps Requirement) 6a . Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b . What data sources did you use to determine whether your site would impact Essential Fish Habitat? Field observations indicate that there is no fish habitat in the vicinity of this project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO has reviewed this project and determined that it will not affect any historic properties or archaeological resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? ,f,j ?PZ? A J Applicant/Agent's Printed Name - Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form -Version 1.3 December 10, 2008 Version AC -57 / 2 ]5 woe s , ?p Q ?NN Quo Pi?<0 Q) C? o\P?? a O ?? y ' ` ?? x P y?? ?o F?5` pC J? 0 .^> 0 QN6 U oCl. ?069 woe cQ p?`? ?o<ah ?o Mlb ?+ o - J Q` ' \Q) c?\ Legend © Stream- 9 1 f Wetland- Osf Oac B Zone Zone Is 600sf 0, 014ac 0 Zone 2. 400sf 0, 009ac IMPACT MAP COUNTY. Halifax SITE= SR 1114 11+05 -L- SCALE. 1" = 50' Franz Enders 6/1/2011 G From: Rob Ridings [rob.ridings@ncmail.net] Sent: Tuesday, December 02, 2008 1:24 PM To: Bateman, Byron G Subject: Re: SRI 114 Byron, Yes this map helps alot. In fact, from what I can see, your unnamed drainage feature runs to a tributary of "Hales Millpond Branch"..-.which is in the Roanoke River basin, not the Tar-Pamlico. Therefore, no matter what this rated as, there are no buffer rules to apply and you don't need a formal stream determination from DWQ at all. Unless for some reason the COE wanted 404 jurisdiction on it (I cannot imagine that they would), then you can treat this as just another ephemeral ditch and proceed with your project without any issues. Now, that's not to say the entire project is in the Roanoke. The southern portion of the road (around the intersection with Knight Road before reaching NC 125), is in the watershed of "Deep Creek", which is in the Tar-Pamlico. However, from what I can tell from your map, without color, it appears no tributaries of it actually cross Piney Woods Road. (It does cross Knight Road, though.) Just make sure the soils map confirms that. Hope this helps. If you have any questions, let me know. -Rob 919-733-9817 Bateman, Byron G wrote: > Rob, > This should provide a little broader overview of my Halifax project. If you need something else just let me know. Thanks. > Byron 1 ACME Mapper 2.0 - 7.6 mi NW of Scotland Neck NC Page 1 of 1 http://mapper.acme.com/ 5/20/2011