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HomeMy WebLinkAbout20071549 Ver 1_Application_20070913~YS,.a STA7~ o dl' ,w+a ~. '~ M.a STATE of NORTH CAROLINA MICHAEL F. EASLEY GOVERNOR DIVISION 4 September 5, 2007 Mr. William Wescott U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 (Two Copies) Mr. Robert Ridings Wetlands/401 Unit NC DENR Division of Water Quality 2321 Crabtree Blvd Raleigh, NC 27604 (Seven Copies) LYNDO TIPPETT SECRETARY 071549 SUBJECT: Johnston County, Improvement of SR 2158 (Old Stancil Road.) WBS Element: 4.C051093 Dear Sirs: The North Carolina Department of Transportation (NCDOT) proposes to pave SR 2158 to bring the road into compliance with standard safety design specifications. This activity will result in impact to an UT to Little Creek due to the replacement and upsizing of one crossline to facilitate travel lane and shoulder widening. The NCDOT anticipates that the pipe replacement activity will be authorized under Nationwide Permit (NWP) 14 as well as a Nationwide Permit (NWP) 33 due to dewatering needs. 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 # 3404 (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 # 3404. ®~ SF~ 1 ` ~~ Nn,CT~R~wgl<~Jj• , DEPARTMENT OF TRANSPORTATION FR?~~'~~:~ 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: #3404 (NWP 14) and #3366 (NWP 33) • WBS Element: ~t. C.O,S ~ 0 9 3 • Amount of fee: $200 PROJECT INFORMATION Road Name SR Number Project Length Classification Old Stancil Road 2158 miles) 1.2 Rural River Basin: DIWDQ Water Quality Designation % New Impervious Surface Neuse 27-43-15-10 C, Nsw Buffer Rules Buffer Use Designation Neuse Exempt Protected Species Present Mapped Historic Properties No No FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES The Fish and Wildlife Service (FWS) currently list three federally protected species for Johnston County (Table 1). Table 1- Federally Protected Species of Johnston County Federal Habitat Biological Common Name Scientific Name Status Present Conclusion tcea-cocxaded Picoides borealis E N No Effect woodpecker Dwarf wedge mussel Alasmidonta heterodon E N Nn Effect 1; ar spiny mussel Elliptio steinstansana E N Nn RffP~r No element occurrences are listed on the NHP database within one mile of the project area. During the onsite visit, it was determined that there were no pine trees suitable for RCW foraging or nesting are in, or adjacent to, the project area. There was also no habitat suitable for the Dwarf wedge mussel or Tar spiny mussel. This project is not likely to jeopardize the continued existence of any of the federally protected species listed in Johnston County. No sites eligible for listing on the National Register occur within the area of potential effect. This project will not affect listed or eligible historic properties. 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 apre-construction meeting) with the Division Environmental Officer. If you have any questions or need any additional information, please contact Jamie Guerrero at (252) 296-3530 or Chad Goggins at (252) 296-3532. Your time and effort are appreciated. Respectfully yours, R. E. Greene, Jr., PE Division Engineer, Division 4 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. 2 0 7 1 5 4 9 (Tf anv nartirnlar ifA.., ; ....+ .,....1:,...w,.._ .t._ _ , ___ ------ -- --.,...rr..,.,.,.,.. ,~, ,...~ y^v~c~.~, }~ica~c vu~Cr i~ot Hppucante° or "N/A°•) 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: 14 and 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 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 1. Owner/Applicant Information Name: R.E. Greene Jr. P.E. Division En 'neer Mailing Address: North Carolina De artment of Trans ortation/Division 4 P.O. Box 3165 Wilson NC 27895-3165 Telephone Number: (252) 237-6164x3501 Fax Number: (252) 234-6174 E-mail Address:_ r~ 'eene(a~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: Jamie Guerrero Company Affiliation: Division Environmental Officer Mailing Address: Division 4 - NCDOT P.O. Box 3165 Wilson NC 27895-3165 Telephone Number: ( 252) 237-6164x3530 Fax Number: (252) 234-6174 E-mail Address: iQU errero(a~dot state nc us Updated I 1 / 1 /2005 Page 5 of 13 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: SR 2158 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Johnston USGS Stancils Chapel Nearest Town: Kenly Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Take 95 S toward Kenlv take 222 west toward Stancil Chapel Old Stancil Road is 3 miles on then t 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): 35.6480 °N 78.1560 °W 6. Property size (acres): 7. Name of nearest receiving body of water: UT to Little Creek (DWO ID:NSW C 27-43- 15.10) 8. River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at h~://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: Rural wooded Updated 11/1/2005 Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Road adin draina a base avin and erosion control as well as re lacin 2 lines of 32' X 48" RCP with one line 95"X 67" CMP 50 feet lon with headwall Heavv construction equipment (backhoe excavator dump truck bulldozer grader) will be used 11. Explain the purpose of the proposed work: to bring dirt road into compliance with standard safety design specifications 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. 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. N/A 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. 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. 1. Provide a written description of the proposed impacts: we are proposin to re lace and upsize one pipe which will have a total stream impact of 181inear feet (0 002 acres ) Updated 11/1/2005 Page 7 of 13 Z. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, Set)arately list imnantc rlne to h..th ~+,~,,,.r„ra ,,,,a a,.~a:..~ Wetland Impact Site Number (indicate on map) Type of Irnpact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 4 Stream I Numb (indicate on ma) St. 62 + ~5 T to Little Creek ipe Upgrade Intermittent. Perennial Before Im act 6 (linear feet) 18 St. 62 + ~5 UT to Dismal Branch Temp. Sheetpile for dewaterin Perennial 6 0 Total Stream Impact (by length and acreage) .002 0 0.002 5. 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 fill, excavation, dred in ,flooding, drama e, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if a licable) Type of Impact (lake pond, estuary, sound, bav. imnarr 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 ly length X width, then divide by 43,560. mpact Average Impact Area of er Stream Name T e of Im act Perennial or yP P ~ Stream Width Length Impact Updated I l/f/2005 Page 8 of 13 (indicate on ma ) ocean, etc.) (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S_ resultinu from the „r~;P~r• - - - - -a Stream Impact (acres): .002 Wetland Im act (acres): 0 Open Water Impact (acres): p Total Impact to Waters of the U.S. (acres) .002 Total Stream Impact (linear feet): 1 g 7. 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. 8. 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 stonnwater 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 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. Equipment staging and work will be performed within the existing road footprint Strict enforcement of Best Mana ement Practices for sedimentation and erosion control the rotection of wetlands and surface waters will be enforced. Updated 11 / 1 /2005 Page 9 of 13 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. USAGE - 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 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 USAGE 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 (see DWQ website for most current version.). 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 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 additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.ncee net/panes/inlieureplace htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Updated I l/1/2005 Page 10 of 13 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 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 ^ 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 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 Neuse )? 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. Updated 1 I / I /2005 Page 11 of 13 Zone* Im act s uare feet ( ) Multiplier Required Miti ation 1 1200 3 (2 for Catawba) 2 800 l.s Total * 2000 Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 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. XI. 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. All appropriate best manasement practices for sediment and erosion control will be implemented. 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. N/A 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. 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: updaced i vti2oos Page 12 of 13 This proiect is apart of the statewide secondary road pavingprogram XV. 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). Updated I 1 / I /2005 Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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