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HomeMy WebLinkAbout20071599 Ver 1_Application_20070925~s.~v~. STATE OF NORTH CAROLINA ~~~~ o ~~ CT °s4wa'~vi.~,~ ~~Oj O ~RQi4'~/yyh. DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY September 25, 2007 John Hennessy, NCDOT Project Manager N.C. Division of Water Quality 401/Wetlands Unit 2321 Crabtree Blvd., Suite 250 Raleigh, North Carolina 27607 SUBJECT: Revised Nationwide 14 Permit Application for Secondary Road Construction on SR 1971 (Old Field Rd), Duplin County Project Number: 3c031047 (DWQ Permit Fee: $240) Dear Mr. Hennessey: Please fmd enclosed seven copies of a PCN application from the North Carolina Department of Transportation requesting Nationwide 14 authorization for a secondary road improvement project on SR 1971 (Old Field Rd.) in Duplin County. The scope of the project will be to widen, grade, drain and base the 1.6 miles of existing unpaved road to current NCDOT secondary road standards of 20 ft of travel lanes and 6 ft of earthen shoulders to improve roadway safety and stability. IMPACTS TO WATERS OF THE UNITED STATES This project is located in the Cape Fear River Basin within USGS hydrologic unit 03030007 (subbasin 030622). The proposed project will permanently impact 43 ft of perennial waters associated with the replacement and extension of pipes P1 (Sta. 8+10), P4 (Sta. 30+75) and P6 (Sta. 46+00). These crossings serve as conveyances for unnamed tributaries to Cypress Creek, which is classified as C Sw waters. There will also be 6 ft of temporary stream impacts at site P2 for removal of the existing pipe that extends beyond the proposed pipe as well as an additional 8 ft of temporary stream impacts at each crossing (24 ft total) for BMP devices. Ken Averitte of your staff and Jennifer Frye (LTSACE) visited the site on August 23, 2007 to confirm the determinations. No wetlands will be impacted by this project. Furthermore, there are no permanent or temporary utility impacts proposed with this project. COMPENSATORY MITIGATION The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible. Side slope designs have been reduced to 3:1 to reduce impacts. Right of Way (R/W) was centered with the existing alignment where possible to minimize new impacts. Construction limits were limited to the existing roadbed (~30ft) between Sta. 7+00 and Sta. 15+00 LT to avoid 800 ft of perennial waters within the R/W. Furthermore, an offsite detour will be utilized during the pipe replacements to avoid temporary 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 impacts for an onsite detour. Stream impacts associated with this project are less than 150 ft therefore in accordance with 15A NCAC 2H.0506 (h); mitigation will be not required. NATURAL AND HISTORIC RESOURCES FEDERALLY FROTECTED SPECIES Species with the federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq.). The United States Fish and Wildlife Service lists three federally protected species for Duplin County which include American alligator (Alligator mississippiensis), Red- cockaded woodpecker (Picoides borealis) and American chaffseed (Schwalbea americana). A GIS and field review has been conducted for these species and their habitat for this project and a determination of"No Effect' for the listed species is recommended. HISTORICAL RESOURCES Pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservations Regulations for Compliance with Section 106 codified at 296 CFR Part 800, this project has been reviewed and cleared for effects on historical and archeological resources. REGULATORY APPROVAL Section 404 Permit: The Department of Transportation is requesting to proceed under Nationwide 14 in accordance with 72 FR 11092, March 12, 2007. Through consultation with the U.S. Army Corps of Engineers (L7SACE) it has been determined that this project can be authorized under Nationwide 14 and will not require pre construction notification to the USACE. Section 401 Permit: We are also requesting by copy of this letter issuance of the 401 Water Quality Certification 3627 from the DWQ. We have provided a method of debiting $240 to be submitted to the DWQ for processing the WQC permit request, as noted in the subject line of this application. If you have any question or concerns, please feel free to contact me at (910) 251-5724. Sincerely, ~~ Mason Herndon Division 3 Environmental Officer Enclosures Cc: Ken Averitte, NCDWQ, Fayetteville Jennifer Frye, USACE, Wilmington 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 wsr~, e ~y "~ .~„~ STATE of NORTH CAROLINA t'3~~> ~ ~~ ~~ ~y.T~NO ~~~ ~H 0 ~ 1~0 ~ i' ~a ,. ~. :>ip~~~9T ~ Y ~~~rvh. DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DNISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY September Z5, 2007 John Hennessy, NCDOT Project Manager N.C. Division of Water Quality 401/Wetlands Unit 2321 Crabtree Blvd., Suite 250 Raleigh, North Carolina 27607 SUBJECT: Revised Nationwide 14 Permit Application for Secondary Road Construction on SR 1971 (Old Field Rd), Duplin County Project Number: 3c031047 (DWQ Permit Fee: $240) Dear Mr. Hennessey: Please fmd enclosed seven copies of a PCN application from the North Carolina Department of Transportation requesting Nationwide 14 authorization for a secondary road improvement project on SR 1971 (Old Field Rd.) in Duplin County. The scope of the project will be to widen, grade, drain and base the 1.6 miles of existing unpaved road to current NCDOT secondary road standards of 20 ft of travel lanes and 6 ft of earthen shoulders to improve roadway safety and stability. IMPACTS TO WATERS OF THE UNITED STATES This project is located in the Cape Fear River Basin within USGS hydrologic unit 03030007 (subbasin 030b22). The proposed project will permanently impact 43 ft of perennial waters associated with the replacement and extension of pipes P1 (Sta. 8+10), P4 (Sta. 30+75) and P6 (Sta. 46+00). These crossings serve as conveyances for unnamed tributaries to Cypress Creek, which is classified as C Sw waters. There will also be 6 ft of temporary stream impacts at site P2 for removal of the existing pipe that extends beyond the proposed pipe as well as an additional 8 ft of temporary stream impacts at each crossing (24 ft total) for BMP devices. Ken Averitte of your staff and Jennifer Frye (USAGE) visited the site on August 23, 2007 to confirm the determinations. No wetlands will be impacted by this project. Furthermore, there are no permanent or temporary utility impacts proposed with this project. COMPENSATORY MITIGATION The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible. Side slope designs have been reduced to 3:1 to reduce impacts. Right of Way (R/W) was centered with the existing alignment where possible to minimize new impacts. Construction limits were limited to the existing roadbed (~30ft) between Sta. 7+00 and Sta. 15+00 LT to avoid 800 ft of perennial waters within the R/W. Furthermore, an offsite detour will be utilized during the pipe replacements to avoid temporary 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910)151-5727 Office Use Only: USACE Action ID No. (If any particular item is not I. Processing Form Version March OS DWQ No. to this project, please enter "Not Applicable" or "N/A".) 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 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina 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: H Allen Po e P E. Division 3 En ineer Mailing Address: North Carolina Department of Transt~ortation 124 Division Dr. Wilmin on N.C. 28401 Telephone Number: (910) 251-5724 Fax Number: (910) 251- 5727 E-mail Address: 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: Mason Herndon Company Affiliation: Division 3 Environmental Officer Mailing Address: North Carolina De..partment of Transyortation 124 Division Dr. Wilmin on N.C. 28401 Telephone Number: (910) 251-5724 Fax Number: (910) 251- 5727 E-mail Address: mherndon dot.state.nc.us updated 11/12005 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 of project: SR 1971 (Old Field RdZ 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3c.031047 3. Property Identification Number (Tax PIN): 4. Location County: Duplin Nearest Town: Chinquapin Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From NC 41 N in Chinquapin, turn right on NC 50 E og_ 1 4 .miles and SR 1971 (Old Field Rd.l will be on your ri~.ht 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): See attached sheet °N °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Cypress Creek 8. River Basin: Cape Fear River (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~//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„unpaved secondary road is bordered by residential, agricultural and forested areas upaar~a i vinous Page 6 of IZ I0. Describe the overall project in detail, including the type of equipment to be used: To widen, grade drain and base the existing road to NCDOT secondary road standards to 20 ft of travel lanes & 6 ft shoulders using standard road construction equipment. 11. Explain the purpose of the proposed work: To improve the existing_roadwav by brinain~ it uP to NCDOT standards to provide a better and safer roadway for residents and school buses that utilize this faciltX 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.N/A 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 additional Hermit requests are anticipated at this time 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 descriptian, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts will include 43 ft of permanent and 30 ft of temporaryperennial stream associated with wideninu and pipe re lacements. Updated 11/1/2005 Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se azatel list im acts due to both structure and floodin . T e of Wetland Located within Distance to Area of Wetland Impact YP 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) es/no lineaz feet N/A N/A N/A N/A/ N/A/ N/A Total Wetland Impact (acres) ~ N/A 3. List the total acreage (estimated) of all existing wetlands on the property:N/A 4. 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/stxaightening, 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 X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Im act lineaz feet acres 7.5 6 0.001 pl UT Cypress Ck pipe (permanent) Perennial pl UT Cypress Ck bmps (temporary) Perennial 7.5 8 0.001 p4 UT Cypress Ck pipe (permanent) Perennial 8 10 0.002 P4 UT Cypress Ck excav./bmp (temp) Perennial 8 14 0.003 p(> UT Cypress Ck pipe (permanent) Perennial 8 27 0.005 p( UT Cypress Ck bmps (temporary) Perennial 8 8 0.001 Total Stream Innpact (by length and acreage) 73 0.013 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, dyed in , floodin ,drainage, bulkheads, etc. Open Water Impact Type of Waterbody Area of Name of Waterbody T of Im act (lake, pond, estuary, sound, bay, Impact Site Number if a licable ~ p (indicate on ma ( pp ) ocean, etc. acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) ~ N/A upaat~a itnnoos Page 8 of 12 6. List th ,..~:_.,.:..,...,,.+ +,. X11 Wa+Prc of the i T_S. resultine from the project: (i (iU111U1Z1L1YG 1111 uv~ av a.ua - -- - - - Stream Im act (acres): 0.013 Wetland Im act (acres : N/A O n Water Im act acres : N/A Total Im act to Waters of the U.S. (acres) N/A Total Stream Im act (linear feet): 73 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 USACE. N/A 8. Pond Creation N/A 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 VII. Impact 3ustification (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. Shoulder slopes reduced to 3.1 Construction limits were shifted where possible to minimize im acts. Strict enforcement of sedimentation & erosion control BMP's will be enforced. Onsrte detours for i re lacements will not be constructed. VIII. Mitigation DWQ - In accordance with 1 SA NCAC 2H .OS00, 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 1 SO linear feet of total impacts to perennial streams. Updated 1l/1/2005 Page 9 of 12 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 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 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 Cazolina, available at http•//h2o enr state nc.us/ncwetlands/strm~ide.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/lineaz feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina 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 aze 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•//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): NIA 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 Updated 11/12005 Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Cazolina Environmental Policy Act (NEPA/SEPA)? Note: If you aze 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 ^ 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 cleazly identif able 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 (Meuse), 15A NCAC 2B 2B .0250 (Randleman identify)? N/A 2. Zone'` Impact (s care feet Multiplier Required Mit' ation 1 3 (2 for Catawba) 2 1.5 Total N/A N/A • 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. N/A protected riparian buffers identified within 15A NCAC 2B .0233 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Zules and Water Supply Buffer Requirements}, or other (please Yes ^ No If "yes", identify the square feet and acreage of impact tv each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multi liers. updated linrzoos Page 11 of 12 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. Strict implementation of Sedimentation and Erosion Control BMPs will be enforced durinsr construction to~rotect wetlands and waters of U.S. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-dischazge 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 anafter-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 mast recent North Cazolina 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: Area currently built out for homes cemetaries and agriculture 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). N/A Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 1l/1/2005 Page 12 of 12