Loading...
HomeMy WebLinkAbout20050656 Ver 1_Complete File_20050422o?o? W A r?9Pc > y o c April 22, 2005 Gates County DWQ Project No. 050656 APPROVAL of 401 Water Quality Certification Mr. Anthony Roper, P.E. Division Engineer NCDOT, Division 1 113 Airport Drive Suite 100 Edenton, NC 27932 Dear Mr. Nance: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of road widening and pipe replacement on SR 1118 (Taylor Mill Road) in Gates County. Impact Locations Stream Impacts - Permanent Fill (Linear Feet) Site 1 4 The project shall be constructed in accordance with your application dated received April 19, 2005. After reviewing your application, we have decided that the stream impacts described are covered by General Water Quality Certification Numbers 3404. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian buffers. 3.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. Noe Caroa Transportation Permitting Unit a, ura, 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 / FAX 919.733-6893 / Internet: hftp://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 4.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 5.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 6.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 7.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 8.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 9.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a diiect impact from road construction activities. 10.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 11.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 12.) If the above condition (#11) is unable to be met, due to bedrock or other limiting features, encountered during construction, please discontinue activities and contact the NCDWQ for directions on how to proceed. 13.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened. 14.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 15.) All work shall be performed during low or normal flow conditions. 16.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 17.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Christina Breen at (919) 733-9604. Since ly, L L ?W.'Klimek, JEH/cmb Attachment cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Mr. Clay Willis, Division 1 Environmental Officer, 113 Airport Drive, Edenton, NC 27932 NC DWQ Washington Regional Office Central Files File Copy cACorrespondence\2005 SR Projects\DWQ050656\042205wgc.doc 4 -66 STATE OF NORTH CAROLINA 0 o -5 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY April 12, 2005 EF?@FEWN D Division of Water Quality 401/WetlandsUnit APR 1 9 2005 1650 Mail Service Center Raleigh, N.C. 27699-1650 MIA-WATER OUAUTY W-U MJDS AND STOR MATER 6Rl'dtCH Attention: Nicole Thomson Subject: Cp s notification for a NW 14 for road widening and pipe replacement on SR 1118 (Taylor Mill Road) in Gates County. The North Carolina Department of Transportation is sending a-eeurtcsy NW 14 permit notification for asphalt widening from 18' to 22' on SR 1118 (Taylor Mill Road) in Gates County. There will also be pipe replacements in association to the asphalt widening. The pipes are located approximately 0.53 miles south of NC 137. These pipes will be removed using NCDOT best management practices for pipe replacement. The current pipes (2 @ 46' x 24" CMP) will be replaced with one 50' x 36" CMP. The PCN, vicinity map, and permit drawings are included with this letter. If you need any additional information or have any questions concerning this project please call me at 252482-7977. ,L 00 Ft vI'IENT '- f-c -I11 Lo Sincerely, Anthony Roper, PE Division One Engineer A&,,, Clay Willis Division One Environmental Officer Cc Bill Biddlecome, USACOE N W E s 2 'a q i I ? I? 3 = o (rl Z C ? I I 3 r' L I I ? ? i ? S-{ feQh, flow '- ? _ - r _ ._. - _ - - - - - - - - - - - ; -, .. I ? f I I ? ! Y' r r c ? ? (dX' N ? .'O 0 ? 01 X U l I .•1 X (?' ?.V ? I ` I J'"J p I v1 0 -u C3 0 n D7oDCp Z L = Z { m0Ln >c C7 T CO M . - < 0 0 ? V. LJ - r <" a) F * ?L '.! n 3 _ o? L = o (n o _ o• a F7 Z D f'. (a nw ? x Q f ? ,) rr, A X ? A 1 W p 2 ? n ? O a -u 0 >M>C: Z -gOLD a 0 mm` - . u ? -a l LA I O ?1 -, - O tA CD co p r. ?o cn a N o R .Z r, a x - r 10 "O T' j O (? m X -1 T. ?m lJ o (TI 3 . ?f- cp 1 (Ti T N V ? l ? c r n ? 3 ?- -o X r j c (. n c o? t? Z LA Office Use Only: Form Version May 2002 05a06 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".) 1. Processing t, 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 2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 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 (verify availability with NCWRP prior to submittal of PCN), 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 Information Name: Clay Willis NC DOT Division 1 Environmental Officer Mailing Address: 113 Airport Drive Suite 100 Edenton, NC 27932 Telephone Number: (252) 482-7977 Fax Number: (252) 482-8722 E-mail Address: tcwillisna dot.state.ne.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: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 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 arr8w: 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: SR 1118 Pipe Replacement; Gates County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 1C.037033 3. Property Identification Number (Tax PIN): 4. Location County: Gates County Nearest Town: Eure Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From Eure, take NC 137 east for approximately 1.73 miles. Next, turn right onto SR 1118 (Taylor Mill Road) and travel for approximately 0.53 miles. This is the location of the pipe. 5. Site coordinates, if available (UTM or Lat/Long): 36.415733 N, 76.828324 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. Property size (acres): 11.6 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Sarem Creek (Taylor Millpond) 8. River Basin: Chowan River Basin (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/mat)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: woodlands, rural residential, agriculture Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Widen asphalt from 18' to 22'. Replace the existing pipes two (a, 46' x 24" CMP with one proposed pipe 50' x 36" CMP on its current alignment., The existing pipes will be removed entirely. Proper fill will be used to bring road to existing height. Excavated fill will be hauled to appropriate sites. Heavy equipment used will include an excavator, crane, backhoe, and dump trucks. 11. Explain the purpose of the proposed work: To replace two structurally deficient pipes. 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. There have been no prior permits issued on this proiect. 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. None 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 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. Page 7 of 12 1. Provide a written description of the proposed impacts: There will be no permanent impacts. 2. Individually list wetland impacts below: N/A Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. 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. ** 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 http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individuall list all intermittent and perennial stream imp acts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Site 1 Fill 4 feet Unnamed Trib. To Sarem Creek 3-5 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** 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.usszs.rov. Several intcmet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 4 feet Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: None Open Water Impact Area of " 'Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) j if (lake, pond, estuary, sound, indicate on ma acres , ocean, etc. N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): 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. Pine replacement is eoine to stav on the existine alignment and traffic will be detoured around the site by using an off-site detour. This will reduce temporary impacts to wetlands and the creek by not utilizing an on-site detour and keeping the road open. The existing pipes are being replaced with a longer pipe to widen the shoulders to allow for safer travel. No permanent impacts are expected to the wetlands. 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. Page 9 of 12 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 http:/ih2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Page 10 of 12 Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 (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 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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 Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 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. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in ordd to protect surface waters and wetlands downstream from the property. Impervious acreage will increase by 0.77 acres. 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. There is no sewage disposal associated with this project. 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 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). 1 Applicant/Aeent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12