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HomeMy WebLinkAbout20080573 Ver 1_Application_20080328~;,r~, ~( ~'C~~ y ~~~4 N d .r'a o., ~~~ o ~ iN~ ~~' ~~~ ~, .,.R ` ~```'~. ~ 0 STATE of NORTH CAROLINA .'~A~H DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 18, 2008 NCDENR-DWQ Transportation Permitting Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 080573 Attention: Mr. Rob Ridings NCDOT Coordinator Subject: Proposed replacement of existing structure on SR 1315 (Baxter Huff Road) conveying an unnamed tributary to Shelton Creek in Granville County. WBS Element No. SB.203911 The North Carolina Department of Transportation (NCDOT) proposes to replace the existing structure on SR 1315 (Baxter Huff Road) conveying an unnamed tributary to Shelton Creek in Granville County (Figure 1). The existing structure is a 56 inch metal pipe that is 40 feet long. Avery large blow hole has formed at the outlet of the structure and the outlet is perched above the ordinary high water mark. The proposed replacement structure is a 73 inch x 55 inch corrugated metal pipe arch (CMPA) that is 50 feet long. Please note that the outletthe nronosed structure will be located inside the limits of this blowhole making it impractical to bury the rep~ment pipe- one -foot in the stream be a ow exists at the bottom of the blowhole. The NCDOT will attempt to set the invert of the pipe one foot below the "theoretical" streambed elevation taken from projection of the streambed grade from further down stream back into the blowhole. NCDOT hydraulics unit has indicated that the increase in diameter of the proposed structure will reduce the water velocity and cause sediment to accumulate in the blowhole and eventually fill up over time to match the surrounding stream bed. Impacts to Waters of the United States The removal of the existing structure and subsequent installation of the CMPA will result in impacts to the unnamed tributary to Shelton Creek (NCDENR-DWQ Index No. 28-4, Best Usage Classification WS-IV NSW, HUC 03020101) in the Tar-Pamlico River Basin. Permanent Impacts Installation of the replacement structure will result in impacts to the unnamed tributary to Shelton Creek. This impact is summarized below: .~ • l O linear feet of impact (fill in SW). Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 Bank stabilization activities will result in impacts to the unnamed tributary to Smith Creek. These impacts are summarized below: • 15 linear feet of bank impact at inlet of the replacement structure and 10 linear feet of b~a Tc impact at outlet of structure. Temporary Impacts The NCDOT proposes to temporarily dewater the work zone during construction for approximately two weeks. This will involve the temporary placement of sand bags or sheet piling 35 linear feet upstream of the existing inlet and 301inear feet downstream of the existing outlet. This will result in 301inear feet of non-concurrent temporary stream impacts. To maintain water flow during construction, water upstream of the sand bags or sheet piling will be temporarily pumped out by a hose and conveyed downstream of the construction activity where it will be allowed to filter through vegetation before flowing into the stream. The effluent from the work area will be pumped into a prefabricated silt bag allowing water to slowly filter out of the bag in a dispersed manner and the sediment to be captured in the bag. The temporary sand bags or sheet piling will be removed after construction. Riparian Buffer Construction at this site involves the road crossing of a stream that is subject to the Tar-Pam Riparian Buffer Rules. The stream is depicted on the most recent version of the Triple Springs topographic quadrangle (Figure 1) and Soil Survey of Granville County (USDA-SCS, 1992). Construction impacts at this site total 3,094 square feet in Zone 1 and 924 square feet in Zone 2 (totaling 75 linear feet of riparian buffer impacts). Based on th mie pacts to the riparian buffer at this site, this crossing is ALLOWABLE. Temporary erosion control measures will be installed as required within the permitted buffer footprint. Waters of the U.S. Mitigation Avoidance: Permanent impacts to the unnamed tributary to Shelton Creek cannot be avoided. The existing pipe structure is rusted. The NCDOT hydraulics unit has determined that the proposed CMPA is a suitable replacement for the existing structures. Minimization: The proposed rip rap at the inlet and outlet of the structure has been minimized as much as possible while providing the required long-term stability. Compensatory Miti ag tion: Compensatory mitigation will be provided at the request of the regulatory agencies. Protected Species Plants and animals with federal classifications of Endangered, Threatened,. Proposed Endangered and Proposed Threatened are protected under .provisions of Section 7 and Section 9 of the ESA. As of March 18, 2008,. the bald eagle (Haliaeetus leucocephalus), dwarf wedgemussel (Alasmidonta heterodon), harperella (Ptilimnium nodosum) -and smooth coneflower (Echinacea laevigata) are listed as federally protected species in 3 Granville County. Suitable habitat for harperella and smooth coneflower are not present at the site. Large open water systems that are required for the bald eagle are also not present at the site. The small stream located at the project does not provide adequate habitiat for dwarf wedgemussel. Summary The NCDOT proposes to replace the existing structure on SR 1315 (Baxter Huff Road). Application is hereby made for a NCDENR-DWQ Section 401 Water Quality Certification (WQC) 3687, 3689 and Tar-Pamlico Buffer Authorization. The NCDOT proposes to use Department of the Army Section 404 Nationwide Permit (NWPs) 3 and 13; however, these permits do not require notification to the USACE. An automated payment procedure has been implemented between the NCDOT and NCDENR-DWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee directly to the appropriate NCDOT WBS Element No. SB.203911. Apre-construction notification and permit drawings are attached with this request. If you have any questions or need additional information, please contact Mr. Chris Murray at (919) 220-4633. Sincere , . -~- ~~2 J. owman, P.E. 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'e4 ~a r' r ~- ~ Ge6 !-GeC oa w ~ ~~°.^ q d,'"" •~~> ~ 133 Lm6 GeC ,, Nab .,, ~.~; .•~ 1315 ieg w ~ g , Hr8 , GeB ~ Hr6 1314 ~, LmB ~ ~ .finB HrE ~' " - ~ .c ~, . >, ' Ge6 ~~`~ r c,.t~ . :EnB +~ ne Cie; rri6 ~ ~` .: e e ~ •::,, ,.:: e~ LmB (Joins sheef B) Hr6 ~ 2 o~u _ W N P -ChA .w Project Study Area SR 1315 Baxter Huff Road Granville County USDA-SCS (1992} Figure ~ 2:24,000 ETF ETF Office Use Only• Form Version March OS USACE Action ID No. DWQ No. 2 0 0 8 0 5 7 3 (If any particular item is not applicable to this project, please enter "Not Applicable" or "NiA".) I. 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 13 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 Owner/Applicant Information Name:NCDOT Division 5, J. W. Bowman, P.E. (Division En Mailing Address: 2612 N. Duke St., Durham, NC 27704 Telephone Number:~919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: Wbowman(cr~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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe 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: Proposed replacement of existing structure on SR 1315 (Baxter Huff Road conveying a UT to Shelton Creek in Granville County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): NCDOT WBS Element No. SB.203911 3. Property Identification Number (Tax PIN): N/A 4. Location County: Granville Nearest Town: Oxford . Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Oxford, travel west on NC 158, turn right and travel north on SR 1309, turn left and travel west on SR 1316 to project site. 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): Site I 36.3926 °N 78.7853 °W 6. Property size (acres): approximately 0.2 acres 7. Name of nearest receiving body of water:_ Unnamed tributary to Shelton Creek 8. River Basin: Tar-Pamlico (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/maps/.) 9. Describe the existing conditions on the site and general Land use in the vicinity of the project at the time of this application: Existing land uses along SR 1315 are primarily rural and forested. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The NCDOT proposes to replace the existing 56 inch metal Wipe convevin~ UT to Shelton Creek The replacement structure is a 73 inch x 55 inch corrugated metal pipe arch (CMPA that is 50 feet long. Equipment may include excavator backhoe bulldozer grader and crane 11. Explain the purpose of the proposed work: The pu_pr ose of the project is to replace the structurally deficient pipe. IV. Prior Project History V. 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. None available. VI. 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. VII. 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. Provide a written description of the proposed impacts: Construction of the project will result in t_he following impacts: Permanent Impacts Installation of the replacement structure will result in impacts to the urmamed tributar~to Shelton Creek. This impact is summarized below: Page 3 of 9 • l O linear feet of impact (fill in SW) to UT to Shelton Creek. Bank stabilization activities will result in impacts to the unnamed tributary to Shelton Creek These impacts are summarized below: • 15 linear feet of bank impact along UT to Shelton Creek at the inlet of the replacement structure. • l O linear feet of bank impact along the UT to Shelton Creek at the outlet of the replacement structure. Temporary Impacts • Dewatering activities will result in 301iner feet ofnon-concurrent stream impacts. 1. 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) Total Wetland Impact (acres) 2. List the total acreage (estimated) of all existing wetlands on the property: 0.0 ac 3. 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 h X width, then divide by 43,560. Stream Average Impact Number Stream Name Type of Impact Perennial or Stream Width Impact Length Area of Im act (indicate Intermittent? Before (linear feet) (a ces) on ma) Im act Site 1 UT Shelton Fill in SW from pipe Perennial 6 ft ~ 10 ft <0.01 ac Creek installation Site 1 UT Shelton Creek Bank stabilization (inlet) Perennial 6 ft 15 ft <0.01 ac Site 1 UT Shelton Creek Bank stabilization (outlet) Perennial 15 ft 10 ft <0.01 ac Site 1 UT Shelton Creek Temp. dewatering Perennial 8 ft 30 ft (temporary, non- i ~~ concurrent) 0.01 ac 35 feet permanent impact and 30 Total Stream Impact (by length and acreage) feet temporary (non-concurrent) 0.02 impact for dewatering 4. 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 fiiI, excavation, dredging, flooding, drainage, bulkheads? etc. Page 4 of 9 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact'' (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Total Open Water Impact (acres) 5. List the cumulative impact to all Waters of the U.S. resultins from the nroiect: Stream Impact (acres): 0.02 ac Wetland Impact (acres): 0.0 Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.02 ac Total Stream Impact (linear feet): 35 linear ft permanent and 30 linear ft temporary non-concurrent (for dewatering) 6. 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 USAGE. 7. 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 VIII. Impact 3ustification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe 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. Avoidance• Construction of the project cannot avoid impacts to waters of the United States The NCDOT hydraulics unit has determined that the CMPA is a suitable replacement for the existing structure. Page 5 of 9 Minimization The proposed rip rap at the inlet and outlet of the structure has been minimized as much as possible while providing the required long-term stability. NCDOT will implement best mana ement practices for the protection of surface waters in accordance with the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" durin design and construction phases of the project. IX. 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 maybe 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 httL://h2o.enr.state.nc.us/ncwetlands/strmgide.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. Mitigation for the project will be provided if requested by ±he regulatory eg_ ncies. 1. 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 Page 6 of 9 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: 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 ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A X. 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 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 ^ XI. 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ~ No ^ 2. 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. Site 1 Zone* (s uareafeet` Multiplier Mltqu hOri 1 3,094 Sf 3 (2 for Catawba) lvr'A 2 924 sf 1.5 N/A Total 4,018 st Page 7 of 9 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 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. N/A XII. 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. There is approximately 2,101 square feet existing impervious surface within the 0.2 acres project site. No additional impervious surface is proposed with this project. XIII. 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. This project will not generate wastewater. XIV. 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 XV. 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/ncwetlands. If no, please provide a short narrative description: This maintenance project will not result in additional development. XVI. 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). Page 8 of 9 Applicant/Agent's Signature Date (Agent's signature is valid only if an autho ation letter from the applicant is provided.) 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