HomeMy WebLinkAbout20021679 Ver 1_Application_20021017\o??F W ATF9oG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleco H. Sullins, Deputy Director
Division of Water Quality
March 6, 2007
DWQ # 02-1679
Edgecombe County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. R.E Green, Jr., P.E Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Green:
On October 10, 2002 you requested a 401 Water Quality Certification from the Division of
Water Quality (DWQ) for your project SR 1122 located in Edgecombe County. We wrote you on
October 24, 2002 discussing concerns that we have regarding the design of the project and placing it on
hold until those concerns are addressed. Therefore we are returning your applications. Once you have
collected sufficient information to have a complete application (please see our hold letter for the missing
information), you will need to reapply for the DWQ approval. Your file is hereby retired and will not be
reviewed until our earlier concerns are addressed.
Please contact me at 919-733-5694 if you have any questions or would like to discuss this matter.
/A4?
Hennessy
and Permitting Unit.
cc: DWQ Wilmington Regional Office
US Army Corps of Engineers Wilmington Field Office
Central Files
File Copy
AA
OEM
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.ne.us/ncwetlmds
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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
October 24, 2002
Mr. Jim Trogdon, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Re: Permit Application for proposed widening and paving of SR 1122 in Edgecombe County
DWQ No. 021679
Dear Mr. Trogdon:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the following areas:
• The project proposes to replace and minimally realign the existing culvert. After reviewing the proposed plan,
we believe that the culvert could potentially be realigned further to promote stream stability. Please provide
photographs of the existing stream and culvert both upstream and downstream of the culvert. In addition,
please evaluate the proposed design to determine the feasibility of realigning the culvert to better promote
stream stability.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or
require additional information, please contact John Hennessy at 919-733-5694.
Klimek, P.E.
cc: DWQ Wilmington Regional Office
US Army Corps of Engineers Wilmington Field Office
File Copy -
C:\ncdot\.SR 1122\conespondence\021679hld.doc
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
a
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
DIVISION 4
October 10, 2002
Mr. Mike Bell
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(Two Copies)
Mr. John Hennessy
Wetlands/401 Unit
NC DENR Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
(Seven Copies)
SECRETARY
021679
SUBJECT: Edgecombe County, Upgrade of Vinedale Road (SR 1122) from an
unpaved secondary road to a paved secondary road.
State Project Number: 6.292214
Dear Sirs:
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
Vineland road (SR 1122) from an unpaved to a paved secondary road to reduce future
maintenance needs and increase traffic safety. This activity will result in impacts to
a stream due to the replacement and extension of a crossline pipe to facilitate travel lane
and shoulder widening. The NCDOT anticipates that the pipe replacement activity will
be authorized under Nationwide Permit (NWP) 14 and, if needed, the dewatering
operation will be authorized under NWP 33. This application is also intended as request
for written authorization from the NC Division of Water Quality to replace the pipe under
General Water Quality Certificate # 3375 (NWP 14). The following information is being
provided to satisfy Nationwide Permit Condition 13 (Federal Register January 15, 2002)
and Condition 1 of General Water Quality Certificate # 3375.
Post Office Box 3165, Wilson, North Carolina 27895-3165
Phone(252)6237-6164 Fax(252)234-6164
APPLICATION INFORMATION
Enclosed please find the Pre-construction Notification (PCN) Form and supporting
documentation for the above referenced project.
In accordance with North Carolina General Statute 143-215.3D(e) the following information is
being provided to facilitate payment of fees associated with the appropriate Water Quality
Certificate:
• Certificates being requested: #3375 (NWP 14) and #3366 (NWP 33)
• State Project Number 6.292214
• Amount of fee: $200
PROJECT INFORMATION
Road Name SR Number Project Length
(miles) Classification
Vinedale Road 1122 .51 Rural
River Basin: DWQ
ID Water Quality
Designation %New Impervious
Surface
"far-Pamlico 28-83 C NSW 0
Buffer Rules Buffer Use Designation
Tar-Pamlico Exempt
Protected Species Mapped Historic
Present Properties
No No
See the attached Endangered Species Review Sheet for further information: "' See the
attached Historic Review Spreadsheet. If required, historic compliance work to be
scheduled and concurrence with HPO will be obtained.
PIPE REPLACEMENT INFORMATION
Site (Station) 19+00 Map Status Shown on topo and ssurvey
Existing Proposed
Diameter (in) 24 Diameter 30
Length (ft) 42 Length 52
Construction Dc watering
Method Low flow installation Device* sheet pile
Burial Depth 1 ft substrate Sandy loam
Construction
Date ASAP Duration One week
Impacts (R) 10-piped; 5-rip-rap protection ;15-temporary
Comments Dewatering is not expected to be required.
Restoration Within 15 working days of the of the pipe replacement all cofferdams will be
Plan entirely removed and natural stream contours will be restored and seeded.
Temporary silt screens placed in intermittent channels will be cleaned and removed
following vegetation establishment.
RCP = reinforced concrete pipe; CMP = Corrugated metal pipe; CMPA = Corrugated metal pipe arch;
If needed.
MINIMIZATION INFORMATION
Impacts will be minimized by strict enforcement of Best Management Practices for the protection
of surface waters and wetlands, restrictions against the staging of equipment in or adjacent to
waters of the US, and coordination (including a pre-construction meeting) with the Division
Environmental Officer.
MITIGATION INFORMATION
I-) Stream mitigation is not anticipated, as the impacts to any individual stream do not exceed 150
W 4L ?""x ? fee- Wetland impacts and mitigation erAe-not anticipated, as surfacing can be accomplished
t aC b1.D within the existing roadway footprint.
?5. If you have any questions or need any additional information, please contact Franz Enders at
(252) 459-2128 or Jamie Shern at (252) 237-6164. Your time and effort are appreciated.
Engineer, Division 4
Mr. James F. Sherri, Division Environmental Officer
Mr. Andy Mills, District 1 Engineer
Mr. Bryant Bunn, P. E., NCDOT Division Maintenance Engineer
Mr. Bobby Lewis, County Maintenance Engineer, Edgecombe
Mr. Billy Butler, Area Roadside Field Operations Engineer
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Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, 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 (see section VIII - Mitigation), check here: ?
It. Applicant Information
Owner/Applicant Information
Name: Mr. James H. Trogdon, BI, P.E., Division Engineer
Mailing Address: North Carolina Department of Transportation/Divisi
P.O. Box 3165
Wilson, NC 27895-3165
Telephone Number:
E-mail Address: it
237-6164 Fax Number: (252) 234-6174
2. Agent 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: Mr. James Shern
Company Affiliation: Division Environmental Officer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
NC 27895-3165
Telephone Number: (252) 237-6164 Fax Number: (252) 234-6174
E-mail Address: jfshern(a?dot state nc us
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 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 ofproject: SR 1122, Vinedale Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 6.292214
3. Property Identification Number (Tax PIN): NA
4. Location
County: Edgecombe Nearest Town: Pinetops
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 42 East from Pinetops,
after 1.4 miles, turn right onto SR 1122. _
5. Site coordinates, if available (UTM or Lat/Long):Old Sparta Quad Map: UTM 18 264052E
3962440N
(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. Describe the existing land use or condition of the site at the time of this application: Rural,
timber/farmland
7. Property size (acres)
NA
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Town Creek (DWQ ID # 28-
83 C NSW)
9. 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/admia/niaps/.)
Page 6 of 122
10. Describe the purpose of the proposed work: Road grading, drainage, base, paving and
erosion control to bring existing gravel road in compliance with standard safety design
11. List the type of equipment to be used to construct the project:
eauinment (backhoe. excavator. dumo truck. bulldozer, grade
r construction
12. Describe the land use in the vicinity of this project: Rural timber & farmland
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.
NA
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:
NA
VI. Proposed Impacts to Waters of the United Statcs/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.
1. Wetland Impacts
Page 7 of 122
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplam** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes1no) (linear feet)
19+00 Clear and grade 0.01 no 0 forested
* 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://NvwNv.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.)
List the total acreage (estimated) of existing wetlands on the property: .03
Total area of wetland impact proposed: .01
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
I9+00 -L- 30" CMP 10 UT to Town Creek 5 feet Intermittent
19+00 -L- Stabilization 5 UT to Town Creek 5 feet Intermittent
19+00 -L- Temporary 15 UT to Town Creek 5 feet Intermittent
construction
* List each impact separately and identify temporary impacts. impacts mcmde, not are not nmued to: culverts and assuuamu lip-iuP,
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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com.
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 30
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: EII, excavation, dredging.
flooding, drainage, bulkheads, etc.
4. Pond Creation
Page 8 of 122
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.): NA
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)
VIII. Mitigation
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.
Work will be performed within the existing road footprint. Wherever feasible, road drainage
is designed to be turned out of the ditch to sheet flow through the buffer to reduce impacts. Strict
enforcement of sedimentation and erosion control Best Management Practices for the protection
of wetlands and surface waters will be enforced during project construction.
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 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
Page 9 of 122
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://h2o.enr.state.nc.us/ncwetlands/stringide.html.
IX.
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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/iiidex.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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No F-I
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.
PaU 10 of 122
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 identify Tar-Pamlico )?
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 1646 3 N/A
2 979 1.5 N/A
Total 2625
* Zone 1 extends out 3U tect perpenoicuiar from near oanK m enannct; Lane z extenas 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 213 .0242 or.0260.
Existing use is a road crossing. Less than 40 linear feet of impact are associated with the project.
XI. Stormwater (DWQ Only)
Page 1 I of 122
will be
-Appropriate best management practices for sediment and erosion
XII. Sewage Disposal (DWQ Only)
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.
XIIL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A 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).
?% 11/,30n_?
Applican /Ag nt's tg ' ure I % . V u Date
(Agent's s\gna ure is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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ENDANGERED SPECIES REVIEW FOR DIVISION 4
DIS"TRICT I
State Project # SR Number Road Name County
6.292214 SR 1122 Vinedale Road Edgecombe
Edgecombe County
Red Cockaded Woodpecker(Picoidcs borealis)
Habitat
Present? Survey Date investigator (s) Man-hours Comments/Findings
no 10/08102 Shern .5 No Effect, no pine stands.
Tar soinvmussel (ElliDtio steinstmtsana) - Tar Basin
Habitat
Present? Survey Date Investigator (s) Man-hours Comments/Findings
no 10/08/02 Shern .5 No Effect, no surface water.
n
TCUnw' ?C?
Division L'nvironmental Officer
Date