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HomeMy WebLinkAbout20151129 Ver 1_Application_20151029a'�',,£���'A � �" �� '�"� �� r ����z. �Lm m..� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PAT L. MCCRORY GOVERNOR U.S. Army Corps of Engineers Regulatory Field Office 2407 West 5t" Street Washington, NC 27889 ATTN Ms. Tracey Wheeler NCDOT Coordinator October 9, 2015 NICHOLASJ.TENNYSON SECRETARY Subject: Application for Section 404 Nationwide Permit 6 for Field Investigations for a Proposed Wavebreak Structure and Subsequent Study to Serve as Mitigation to Offset Potential Loss of SAV Habitat During Construction of the Replacement of Bridge No 11 over Oregon Inlet on NC 12 in Dare County. TIP No. B-2500 Phase I, WBS Element 32635.1.3 References: 404 Permit Action ID: SAW-1993-03077 dated August 14, 2012 401 Certification No 003939, dated September 7, 2012 & October 15, 2012 Dear Madam: The North Carolina Department of Transportation (NCDOT) is planning a limited subsurface investigation to gather information for the foundation design of the above-referenced structure. A private engineering firm will conduct the investigation with up to 3 Standard Penetration Test (SPT) borings in the locations shown on the attached figure The borings will be advanced from a shallow-draft floating barge at high tide in order to reduce the potential for impact to the substrate, and will consist of turning or driving 3-inch to 8-inch diameter steel casing into the sound bottom creating minimal disturbance. Other drilling tools will be used to sample the sediments and advance the hole within the steel casing. The steel casing will be removed upon completing the boring. Any disturbance from the borings should be limited to within a 2-foot radius of the boring location. All borings will be made between the dates of October 19, 2015 and January 1, 2016. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER Rn�Ei�H NC 27699-1598 T e � e P H o N E: 919-7 0 7-610 0 FAX: 919-212-5785 WEBSITE: WWW.NCDOT.ORG LOCATION: 'IOZO BIRCH RIDGE DRIVE Rn�eicH NC 27610-4328 Regulatory Approvals: We are hereby requesting a Nationwide Permit No. 6 for borings occurring in the sound for the above mentioned activities. If you have any questions or would like additional information, please contact Michael Turchy at maturchy@ncdot.gov or (919) 707-6157. A copy of this request will be posted at: https://connect.ncdot.gov/resources/Environmental/Pages Sincerely, �. ,.�%�►„ �..j��Richard W. Hancock, P.E., Manager � Project Development and Environmental Analysis Unit cc: John L. Pilipchuk, LG, PE, NCDOT-Geotechnical Engineering Unit Greg Daisey, NCDCM-Elizabeth City Garcy Ward, NCDWR-Washington 2 Q��F �v A rF,��G � � � � — o �c Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: � Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 6 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes � No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: � Yes ❑ No ❑ Yes � No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes � No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h � Yes ❑ No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? � Yes ❑ No 2. Project Information Geotechnical Investigations for a Wavebreak Structure for the Mitigation of 2a. Name of project: Submerged Aquatic Vegetation (SAV) for B-2500, the Replacement of Bridge No. 11 in Dare County, on NC 12. 2b. County: Dare 2c. Nearest municipality / town: Rodanthe 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state B_2500 project no: 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1598 Mail Service Center 3e. City, state, zip: Raleigh, NC 27699-1598 3f. Telephone no.: 919-707-6157 3g. Fax no.: 919-212-5785 3h. Email address: maturchy@ncdot.gov Page 1 ofi 10 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): Latitude: 35.75084041 Longitude: - 75.58649065 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: Approximately 57 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to pamlico Sound proposed project: 2b. Water Quality Classification of nearest receiving water: SA HQW 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area is in Pamlico Sound. It is adjacent to a natural barrier island and estuarine system, with recreation in Pea Island National Wildlife Refuge and Cape Hatteras National Seashore. 3b. List the total estimated acreage of all existing wetlands on the property: This area is located in open water. No wetlands are located in the study area. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: n/a 3d. Explain the purpose of the proposed project: To compensate for potential losses of SAV which may occur with the replacement of Bridge 11, a unique, engineered 750-foot long wavebreak structure has been proposed to attenuate wave energies and provide a suitable wave climate to promote SAV coverage. This geotechnical investigation is to assist in the design of the pile foundation. 3e. Describe the overall project in detail, including the type of equipment to be used: All current permit conditions for B-2500 will be adhered to. This investigation will be conducted off of a barge. A 3-8" diamater bore will be used to determine substrate composition. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: A JD has been obtained for the B-2500 ❑ Yes ❑ No ❑ Unknown property, but not specifically for this area. This area is located in open water. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary � Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: CZR Inc. Name (if known): Sam Cooper Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. May 4, 2012, Action ID SAW-2012-00715. The Division of Coastal Management concurred with CAMA mapping on May 30, 2012 5. Project History 5a. Have permits or certifications been requested or obtained for � Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Individual Permit Action ID: SAW-1993-03077 was issued on 8/14/2013. Page 3 of 10 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑ No See Attached Cover Letter 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams - tributaries ❑ Buffers � Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Tem orar T W 1 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type ofjurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem orar T 01 � P❑ T Pamlico Sound Fill (boring insertion into the Open Water <0.01 acre water bottom). 02 ❑POT 03 ❑POT 04 ❑POT 4f. Total open water impacts <0.01 acre 4g. Comments: 5. Pond or Lake Construction If ond or lake construction pro osed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 Sf. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for Stream name mitigation (square feet) (square feet) or Temporar T im act re uired? B1 ❑P❑T ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Borings will occur from a barge. No structure or equipment will drag on the water bottom.. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. NCDOT will implement "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction Activities in North Carolina Waters," during work for this project. Additionally, All borings will be made between the dates of October 19, 2015 and January 1, 2016. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes � No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ COrps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes � No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes � No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? n/a % 2b. Does this project require a Stormwater Management Plan? ❑ Yes � No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: n/a ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local governmenYs jurisdiction is this project? n/a ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No n/a 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page8of10 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State � Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) � Yes ❑ No Comments: NEPA FEIS/EA/ROD for TIP B-2500 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ SurFace Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes � No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Not applicable. Page 9 of 10 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or � Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act � Yes ❑ No impacts? � Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS website and agency consultation; FEIS/ROD 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? � Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS county index; FEIS/ROD 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation � Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NEPA documentation; FEIS/ROD 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? � Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This activity will not result in changes in permanent flood elevations. 8c. What source(s) did you use to make the floodplain determination? approved NEPA documents �l ��� Richard W. Hancock, P.E. "�L..����/�'�"^--'-- %(� -' �f�� �� ��.�..._.—` ; Applicant/AgenYs Printed Name Applicant/Agent's Signature Date (AgenYs signature is valid only if an authorization letter from the applicant is rovided.) Page 10 of 10 This Exhibit is for planning purposes only and shown herein does not meet NC 47-30 1 inch - 5,000 feet Requirements and therefore is not for design, construction, or recording or transfer of Boring Locations � title. The Exhibit was compiled from available information obtained from the sources S E P I �isted be�ow. GRAPHIC SCALE STIP B-2500 BONNER BRIDGE Sources: 0 2,500 5,000 10,000 � E N G I N E E R I N G a ESRI Base Mapping, October 2015 SAV MITIGATION PLAN C 0 N 5 T R U C T I 0 N Feet