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HomeMy WebLinkAbout20040835 Ver 1_Complete File_22040514e i d „s STAT(o WETLANDS/401 GROIIP WA?rER Q0ALi'rY SECTION STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL. F. EASLEY LYNDO TIPPETT GOVERNOR SECRE"rARY May 12, 2004 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 5 Attention: Mr. Eric Alsmeyer, NCDOT Coordinator Subject: Proposed maintenance improvements to structures conveying an unnamed tributary to Castle Creek on SR 1322 (McGehees Road) in Person County. The North Carolina Department of Transportation (NCDOT) proposes to replace the pipes conveying an unnamed tributary to Castle Creek on SR 1322 (McGehees Road) in Person County (Figure 1 and Figure 2). Information concerning this activity is provided below: Impacts to Waters of the United States Site 1 - Waters of the U.S. Maintenance activities at this site will impact an unnamed perennial tributary to Castle Creek [NCDENR-DWQ Index No. 22-58-13, Best Usage Classification C] (Figure 3) in the Roanoke River Basin. The existing structures that convey the creek include 2@72"x48" corrugated metal pipe arches that are 41 feet long (Photographs 1 and 2). Please note that the existing structures are undersized, have rusted out underneath, and are perched at the outlet. The NCDOT proposes to replace the existing structures with 2@81"x59" corrugated metal pipe arches that are 60 feet long. Please note that there is bedrock in the area of this crossing. This bedrock may affect the ability of the NCDOT to properly bury these pipes during construction of the site. The NCDOT proposes to temporarily dewater the work zone during the construction of the project. This will involve the temporary placement of sandbags in the creek at the upstream and downstream limits of construction. Once the stream has been dewatered, the pipes will be replaced. Permanent impacts at the site associated with the replacement of the structures (19 ft) and minimal amounts of rip rap to protect the structures (20 ft) totals 39 linear feet existing channel impacted. The work zone will be dewatered for approximately 5 days. Temporary concurrent impacts to the stream from this activity will result in the dewatering of 39 linear feet of stream. The sandbags will be removed after construction. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 - --.._?b_..?... _. ...... .,_ _...... ??..,.. ?.........,.. % ! !? 1, - 3 140k + yS C'..? l ? 5JI \?`?'(^--) ??!• i /fir-! ? ?L`;)? ,?• \ ?, - ) 'i 'l ,+ l ? f J _ J) r ? . j i " i I ,yti1 SITE i 1 VV r+J l F\ - ? t .,d}"',?° ? ?• 1?,? ??`!"' ?`'?/?? 1. r I I'_' ?, ?, ??_ ? 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O L d O O O z F? ?Y C 0 uo 4- O C O U O J a E N F- L O 0 N U 4- L 7 C ISBN N N M ry, N C O (D T O L + M C U O :) L U } _ c M 0 O N 4- ( L L 7 O N 4- c- (D E N U O. O o• .fl C 0 V) 4- O C O O U O J d 2 Riparian Buffer The construction of the project involves a road crossing of a stream that is NOT subject to Riparian Buffer Rules as this project site is located within the Roanoke River Basin. Therefore, the construction of the project at Site 1 will not result in impacts to protected riparian buffers. Waters of the U.S. Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensatory Mitigation: Construction of the project will result in only minimal impacts to waters of the United States. Impacts have been avoided and minimized to the maximum extent possible during the design process. Due to minimal impacts, compensatory mitigation for stream and wetland impacts will not be provided for this project. 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 January 29, 2003, there is one federally protected species listed for Person County: dwarf wedgemussel (Alasmidonta heterodon). The stream at this site is a perennial stream. However it is located within the Roanoke River Basin. No dwarf wedge mussels are known to exist within this river basin. Therefore, a Biological Conclusion of No Effect has been rendered for this species. Summary The NCDOT proposes to replace the existing structures with 2@81"x59" corrugated metal pipe arches that are 60 feet long. Please note that there is bedrock in the area of this crossing. This bedrock may affect the ability of the NCDOT to properly bury these pipes during construction of the site. The NCDOT proposes to temporarily dewater the work zone during the construction of the project. This will involve the temporary placement of sandbags in the creek at the upstream and downstream limits of construction. Once the stream has been dewatered, the pipes will be replaced. Permanent impacts at the site associated with the replacement of the structures and minimal amounts of rip rap to protect the structures include 39 linear feet existing channel impacted. The work zone will be dewatered for approximately 5 days. Temporary concurrent impacts to the stream from this activity will result in the dewatering of 39 linear feet of stream. The sandbags will be removed after construction. The construction of the project involves a road crossing of a stream that is NOT subject to Riparian Buffer Rules as this project site is located within the Roanoke River Basin. Therefore, the construction of the project at Site 1 will not result in impacts to protected riparian buffers. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 3 and NWP 33. Additionally, this application provides notification to the NCDWQ as Section 401 Water Quality Certification (WQC) No. 3376 and No. 3366 will be utilized for construction of this project. The NCDOT will comply with all applicable NWP and WQC conditions. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919) 560-6081. Sincere y, VJ1oG. Nance, P.E. Division Engineer cc: John Hennessy, NCDWQ Dallie Bagwell, NCDOT Robert Livennan, NCDOT John Kearney, NCDOT Jeremy Goodwin, NCDOT Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No, 8 ,? (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L Processing 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 (WQC 3376 and WQC 3366 do not require written concurrence). 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 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: ? [I. Applicant Information Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St., Durham, NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance@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 I of 8 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 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: Proposed replacement of structures conveying an unnamed tributary to Castle Creek on SR 1322 (McGehees Rd) in Person County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): Non-TIP and Non-Work Order Number 3. Property Identification Number (Tax PIN): N/A 4. Location County: Person Nearest Town: Roxboro Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Roxboro travel north on Hwy 501. Make a left onto Woodsdale Road. At Woodsdale crossroads make a right on SR 1322 (McGehees Mill Road) and travel east to project site, which is just west of Castle Creek crossing: Note: within the Gazetteer SR 1322 is labeled as Shiloh Church Road. 5. Site coordinates, if available (UTM or Lat/Long): Site 1: 36.4914°N, 78.9472°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): 0.17 acre 7. Nearest body of water (stream/river/sound/ocean/lake): Site 1: Unnamed Tributary to Castle Creek 8. River Basin: Roanoke (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/.) Page 2 of 8 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded by wooded areas and agricultural land 10. Describe the overall project in detail, including the type of equipment to be used: The NCDOT will replace the existing structures at Site 1 The NCDOT will also dewater the work zone during construction. Please note that there is bedrock in the area of this crossing. This bedrock may affect the ability of the NCDOT to properly bury these pipes during construction of the site Equipment may include excavator, backhoe bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The undersized, rusted out, and perched structures will be replaced_ 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 pen-nits 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 that are known for NCDOT activities. 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. 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. 12. Provide a written description of the proposed impacts: The NCDOT will replace the existing structures at Site 1. The NCDOT will also dewater the work zone during construction Page 3 of 8 1. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) (es/no) (linear feet) N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year tloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local tloodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.tema.g0%. *** 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: 0.0 Total area of wetland impact proposed: 0.0 2. Individually list all intermittent and perennial stream impacts 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? (please secif ) Pipe replacements 19 ft 1 Rip rap along streambank for 20 ft UT Castle Creek 10 ft Perennial stabilization only Temporary 39 ft Dewatering concurrent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associate[ 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 (cenent 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.usgs. v. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toponone.com, www.rnapcLucst corn, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 39 feet existing channel impacted associated with the pipe replacement and placement of rip rap for bank stabilization along with 39 feet (concurrent) temporary impact from dewatering. 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and anv other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma) (acres) bay, ocean, etc.) N/A List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. Page 4 of 8 4. 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 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. All wetlands and surface waters not affected by construction will be protected from unnecessary encroachment during construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of till necessary to complete the project will be placed in waters of the United States. 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 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 detennining 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 Page 5 of 8 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 littp://li2o.enr.state.nc.us/ncwetlands/strmgide.htnil. 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. 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) 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 ? Page 6 of 8 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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identity )'? 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. Site 1 Zone* Impact Multiplier Required (square feet) Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone I 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. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. There is 0.04 acre of existine impervious surface and 0.04 acre of nronosed impervious surface (no increase) within the 0.17 acre total project size. Erosion and sediment control devices along the project are comprised of temporary silt fence. XII. Sewage Disposal (required by DWQ) Page 7 of 8 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). N/A C..i Ap icant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8