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HomeMy WebLinkAbout20070932 Ver 3_R-4463A PJD Addendum2_19_2020_20200219txe STA�TFw. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR February 19, 2020 Mr. Tom Steffens US Army Corps of Engineers Washington Regulatory Field Office 2407 West 5 h Street Washington, NC 27889 ERIC BOYETTE SECRETARY RE: Request for Preliminary Jurisdictional Determination Addendum for TIP Number: R-4463A; NC 43 Extension from US 17 to US 70, Craven County, North Carolina NCDOT and HDR Engineering, Inc. of the Carolinas (HDR) completed a Preliminary Jurisdictional Determination with the USACE and NCDWR on August 23, 2019, with a field review on September 25, 2019. This "original" PJD package (August 23, 2019) showed study limits ending slightly west of the double culvert on US 17 Business, at Site 6 in the attached Permit Drawings. This addendum covers the additional study area just east of the double culvert. For consistency and simplicity, the wetland and stream information and forms were pulled from the 2003 Natural Resources Technical Report. This information coincides with previous PJDs, field reviews, and the original Individual Permit (issued November 9, 2007) for both sections of R-4463 (A and B). Table 1 provides a summary of the delineated features being impacted. Table 1. Summary of delineated features Stream/Wetland Estimated Class of Site Number in Latitude Longitude Cowardin amount of aquatic Study Area (DD) (DD) Class aquatic resource resource in review area SA 35.094124 -77.125256 R3UB 177 If. Non -section 10 - non -wetland SD 35.094147 -77.125019 R3UB 141 1£ Non -section 10 - non -wetland WL 35.096526 -77.124391 PFO 4.9 ac. Non -section 10 - wetland Mailing Address: NC DEPARTMENT OF TRANSPORTATION 1037 W. H. SMITH BOULEVARD GREENVILLE, NC 27835 TELEPHONE: 252-775-6100 FAX.252-830-3352 WEBSITE: NCDOT. GOV Location: 1037 W. H. SMITH BOULEVARD GREENVILLE, NC 27835 We are hereby requesting a preliminary jurisdictional determination for this addendum regarding additional delineated waters of the U.S. If you have any questions or require additional information after your review of the enclosed information, please contact me at (252) 439-2824 or lsworkmankncdot. gov. Respectfully, Liz Workman, Project Manager NCDOT Division 2 Attachments: Preliminary Jurisdictional Determination Form NRCS Soil Map USACE Wetland Determination Form NCDWR Stream Form USACE Stream Form NWI Map Project Location (Figure 1) USGS Topographic Quadrangle (Figure 2) Potential Wetlands and Nonwetlands of the US (Figure 3) Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 2/19/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Craven City: New Bern Center coordinates of site (lat/long in degree decimal format): Lat.: 35.094587 Long.:-77.129037 Universal Transverse Mercator: Name of nearest waterbody: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) SA 35.094124 -77.125256 177 If. non -wetland Section 404 SID 35.094147 -77.125019 141 If. non -wetland Section 404 WL 35.096526 -77.124391 4.9 ac. wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑■ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: Pollocksville ❑■ Natural Resources Conservation Service Soil Survey. Citation: Craven County, March 1989 ❑■ National wetlands inventory map(s). Cite name: R-4463A Addendum Area NWI Map ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. N A n So uthern,i FyH 9r pt Glr 0 Pine Valley O0 J`e\'jalley Dr 4�4r Ct I17drews C11 Emerald Goll Club O v � e� Garin Grgen',s`er 4'kwY 0 Additional R-4463A Study Area s New bem f HIgh Seh-I x o N f 'v atlemlc Or � m H m O 3 F µORTH C NORTH CAROLINA DEPARTMENT OF TRANSPORTATION F DIVISION OF HIGHWAYS srof�Qe DIVISION 2 NC 43 CONNECTOR, FROM US 17 TO SOUTH OF US 70 CRAVEN COUNTY TIP PROJECT R4463A J 'fC. sa x29 70 31 - r \ x31 x31 p W 6 J Original PJD R-4463A Study Area - r 3 i�1 x31 D C x29 x x16 �,. Additional R-4463A Study Area .` 11 P C i �~ ems' BM � •✓ . o % OAD 29,"1 IE! 'r � / • • h ' \ Sto -22 J J �. � � -Y- �► ,fin "!a .� � �- � —'_ - ± tiM- _ � �' �� yin? =1: �'- -i► v _- OF NORTH C,p9 — NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS J 9 = ti 9ydryT T NSQoe DIVISION 2 OF F1 - NC 43 CONNECTOR, N FROM US 17 TO SOUTH OF US 70 CRAVEN COUNTY a 1 inch = 2,000 feet TIP PROJECT R-4463A 0 2,000 4,000 - _ Topographic Map eet - - = Pollocksville 7.5-Min Quadran le Figure 2 I �LEGEND Additional R-4463A Study Area Original PJD R-4463A Study Area Additional Stream Additional Wetland 0 180 360 Feet i I Ij Craftsman D r F" 5A SD VAORTf, C NORTH CAROLINA DEPARTMENT OF A TRANSPORTATION DIVISION OF HIGHWAYS 2 OF TRANSOF NC 43 CONNECTOR, FROM US 17 TO SOUTH OF US 70 CRAVEN COUNTY TIP PROJECT R-4463A L Jurisdictional Features Map Figure 3 I 1IC 1 Wildlife National Wetlands Inventor �I II — II II 1 y� I �� v5 VS" l� \ 1:11,304 0 0.075 0.15 0.3 mi 0 0.15 0.3 0.6 km R-4463A Addendum Area NWI Map Yarmouth i<a N p ■ 0iA IS New Bern ��C t yn J °ck Ur 1 u 1 Fl t t Academic Dr � v n Ln 3 11 r o z a a� o m u of T 0 N Greyhound - New Bern _ — —-- --�..� Now Bern Dr Martial ►e��Q4--'<<-�� C J u r QG� Haywood Far,rs Rd February 18, 2020 Wetlands Freshwater Emergent Wetland ■ Lake Estuarine and Marine Deepwater M Freshwater Forested/Shrub Wetland Other [� Estuarine and Marine Wetland Freshwater Pond Riverine io HomeSteador R 7 m A a 4 � V e o' Belies N� '1. National Standards and Support Team, This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produced by the NWI mapper DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: NC 43 Connector Date: 8pril 23, 2003 Applicant / Owner: NCDOT Count :Craven Investigator: Andrea Dvorak-Grantz & Staci Ricks State: North Carolina Do Normal Circumstances exist on the site? YES NO Community ID: Wet Is the site significantly disturbed (Atypical Situation)? YES NO Transect ID: FA001-FA076, F13001- FB071 Is the area a potential Problem Area? (If needed, explain on reverse) YES NO Plot ID: FA/FB VEGETATION Dominant Plant Species Stratum indicator Dominant Plant Species Stratum Indic 1 Acer rubrum Tree FAC 9 Baccharis halimifolia Shrub FAC 2 ) Typha latifolia Herb OBL 10 Osmunda cinnamomea Herb FAC 3 Prunus serotina Tree FACU 11 Magnolia granif1pra Tree FAC 4 Li uidambarst raciflua Tree FAC+ 12 Campsis radicans Vine FAC 5 i Toxicodendron radicans Vine FAC 13 Persea borbonia Tree FAC 6 Woodwardia vir inica Herb OBL 14 Quercus ni ra Tree FAC 7) Smilax spp. Vine FACU- OBL 15) Juncus spp Grass FAC OBL 8 Comus forida Tree FACU 1 1E Aralla s inosa Vine FAC Percent of Dominant Species that are OBL, FACW, or FAC(excluding FAC-): > 85% Remarks: HYDROLOGY [ ] Recorded Data (Describe in Remarks) [ ] Stream, Lake, or Tide Guage [ ] Aerial Photographs [ ] Other [X] No Recorded Data Available FIELD OBSERVATIONS Depth of Surface Water i Depth of Free Water in Pit Depth to Saturated Soil WETLAND HYDROLOGY INDICATORS Primary Indicators: [X] Inundated [X] Saturated in Upper 12 Inches [X] Water Marks [ ] Drift Lines [ ] Sediment Deposits [X] Drainage Patterns in Wetlands 0 (in) Secondary Indicators (2 or more Required) [X] Oxidized Root Channels in Upper 12 inche! (in) [ ] Water -stained Leaves [X] Local Soil Survey Data (in) [X] FAC-Neutral Test iXl Other (Explain in Remarks) Remarks: SOILS Map knit Name (Series and Phase): Masontown mucky fine sandy loam/Muckalee sandy loam Drainage Class: Very Poor/Poor Taxonomy (Subgroup): Cumulic humaquepts/typic fluva uents Field Observations Confirm Mapped Type? YES NO Depth Horizon Matrix Color inches Munsell Moist PROFILE DESCRIPTION Mottle Colors Mottle Texture, Concretion: Munsell Moist Abundance/Contrast Structure, etc. 0-6 10 YR 2/1 -- -- Sandy loam 6-12 10 YR 2/1 10 YR 4/6 Few, distinct Loamy sand 12+ 10 YR 511 10 YR 4/6 Prominent, many Sand HYDRIC SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [X] Reducing Conditions Pq G1212d or Low-Chroma Colors [ ] Concretions [ ] High Organic Content in Surface Layer in Sandy Sc [ ] Organic Streaking in Sandy Soils [X] Listed on Local Hydric Soils List [X] Listed on National Hydric Soils List Other Ex lairs in Remarks Remarks: r WETLAND DETERMINATION Jet fY�ll ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site- NC 43 Connector Date: April 24, 2003 Applicant/ Owner: NCDOT County: Craven Investigator: Andrea Dvorak-Grantz & Staci Ricks State: North Carolina Do Normal Circumstances exist on the site? YES NO Community ID: Upland to "FA/FB" wetl line Is the site significantly disturbed (Atypical Situation ? YES NO Transect ID: Is the area a potential Problem Area? (If needed, explain on reverse) YES NO Plot ID; VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indic 1 Quercus aiba Tree FACU 2 Cornus f/orida Tree FACU 3 Li uidambar sf raclflua Tree FAC+ 4 S m locos tinctoria Shrub FACW 5 Magnolia vir iniana Tree FACW+ 6 Cethra alnifolia Shrub FACW 7 Asarum shutleworthii Shrub FACU Percent of Dominant Species that are OBL, FACW, or FAC(excluding FAC- : > 65% Remarks: Well established canopy with few herbaceous species. HYDROLOGY { ] Recorded Data (Describe in Remarks) [ ] Stream, Lake, or Tide Guage j ] Aerial Photographs { ] Other [X] No Recorded Data Available FIELD OBSERVATIONS Depth of Surface Water Depth of Free Water in Pit Depth to Saturated Soil WETLAND HYDROLOGY INDICATORS Primary Indicators: [ ] Inundated [ ] Saturated in Upper 12 Inches [ ] Water Marks [ ] Drift Lines [ ] Sediment Deposits [ ] Drainage Patterns in Wetlands NA (in) Secondary Indicators (2 or more Required) [ J Oxidized Root Channels in Upper 12 inches NA (in) [ ] Water -stained Leaves [X] Local Soil Survey Data NA (in) [X] FAC-Neutral Test r 1 Other (Exoiain in Remarks) SOILS Map Unit Name (Series and Phase): Masontown mucky fine sandy loam/Muckalee sandy loam Drainage Class: Very Poor/poor Taxonomy (Subgroup): Cumulic humaquepts/typic fluva uents Field Observations Confirm Mapped Type? YES NO Depth Horizon Matrix Color inches Munsell Moist PROFILE DESCRIPTION Mottle Colors Mottle Texture, Concretion: Munsell Moist), Abundance/Contrast Structure, etc. 0-4 10YR 3/1 Fine sandy loam, ma uncoated ranules 4+ 10 YR 5/4 10 YR 5/6 Distinct, few Fine sandy loam HYDRIC SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ ] Reducing Conditions Gls ed or Low-Chroma Colors [ ] Concretions [ ] High Organic Content in Surface Layer in Sandy S [ ] Organic Streaking in Sandy Solis [X] Listed on Local Hydric Soils List [X] Listed on National Hydric'Soils List I Other (Explain in Remarks Remarks: WETLAND DETERMINATION INCDWO Strearn Cia��ss��ation Form Project NaMCA16, �3617lgle Rivor Basin; lv(�r e Cowen S.County: '. Evaluator: P4 DWQ Projcct Number. Nearest Named Steam: �' l ,[ v1/ �� Latitude: Signature: Datc: {-i� USGS QUAD: ?& «K,kil fe Longitude: LocationrDirections: *PLEASE �i 47E: ff evaluator and landowner agree that the feature is a reran -made ditch, then use of this form is not necessary. ,also, if is the beSt pmfessionai judgement of the evaivator, thefeature is a man-made ditch and not a modified natural stream —this rating system should not be used* Primary i-'ieid Indicators: 1Grcrr one .vambtrP—Lisef I. Geomor holnav 1) Is There A Rime. Pool 5eouence? Absent `Weak Moderate " Strnna 3) Is The USDA Texturc In Strearnbed i :5) Is There An Active (Or Rc[ic) - Flo tilain Present? 0 Is The Channgj jaraidef1 n A.., n---- . ,. . - - 0 I v 9) Is A Continuous Bed & Bank Present? 3 0 1 Ohi red n 3 70) [s A 1" Order Or Greater Channel (As indicated r T OnTgvo Nfao,4,,&49rinField) Preens? ies PRI MRYGE031ORPHOLOGYiiYWCATORPOINTS: yo_p IT.IIvdroloo-v Absent Weak 1) Is There A Groundwater tiloderate Strong FlowlDischar c Present? 0 PRI:"JAR Y HYDROL 0 G Y INDICATOR POf.YTS: } Secondary Field Indicators- IC ckOntNunrbr?crUnel I. Geomor hoinav Absent Weak Moderate ¢try raac n r i P mt in hanncl? 3) Daes Topography Indicate A SECONDARYGE0.ti10RPHOLOGYL DI CA TOR IT. Hvdroloav Absent 1) Is This ' car's (Or Lut's) Lcafliacr Weak Moderate Strono 4) Is Water In Channel Arid >48 Hrs. Since V .3 1 Last nown in? t'.%- 7- h indi or d in =9 1 nrr {i �1 5) Is There Water In Channel During Dry 0 ondition Ordn rowin canon ? [ . 6'1 Are Hvdric oil P c ent [ ide Of Channel r In H-dcut ? Yes= SECONDARY-HYDROLOGYI.NDrCATOR POINTSY , - vo_c 8) Arc Wetland Plants In Sircambcd? SAV I•.VOTE: if Torai dbsence Of".til PI-11 in strea,bed SECONDARY BIOLOGY Il1v-DICr1 TOR POINTS: 1 "5 Mostly 081. Mostiv FAC%V lastly FAC 4[osrly FACU b[osr[y GPL .75 J 0 O TOTAL POLVTIZPrimrtry Second¢rv)-- ' fGreater Than Or Equal To I9 Points The Stream Is At Lever USACE AID# DW 9 Site # indicate on attached ma- p} M STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: 6(1ix7T 2. Evaluator's name:AN D e.EA 1DV0RA9-G2AkJ1 - , __ 3. Date of evaluation: A? Z S t _ d cn4. Time of evaluation: co)' iS 5. Name of stream: U'V - o-1; \NjI I-SO�J C KE.E-. 7. Approximate drainage area: 9. Length of reach evaluated: 11. Site coordinates (if known): prefer in decimal degrees. Latitude (ex. 34.872312): 6. River basin: ft�F S. Stream order: ism - 10. County:_ C?,AN-St� 12. Subdivision name (if any): -r K2 k7 G R r„E 1L Longitude (ex.—77.55661 Method location determined (circle): GPS Topo Shee Ortho (Aerial) PhotolGIS Other GIS Other 13. Location of reach under evaluation (no roads and landmarks and attach map identifying stream(s) location): L-0,cT-n TeEA)r CA-REx- a DLdI!L-Soil--re"ke, osf--�­ 14. Proposed channel work (if any 15. Recent weather conditions: 16. Site conditions at time of visit: -,x_ c. ni )M911 17. Identify any special waterway classifications known: Section 10 Tidal Waters Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES If yes, estimate the water surface area- 1 Q, Does ,channel appear on USGSZ giar1 main? � NO 20. Does channelappear on USDA Soil Survey? Ds 1\T(1 21. Estimated watershed land use: 7./ /o Residential -, -% Commercial % Industrial % Agricultural Jr° ) % Forested l C7 % Cleared / Logged % Other 22. Bankfull width: ts.,n�krtmc�m� b=4 C. -an, rej 23. Bank height (from bed to top of bank): of F ce- 24. Channel slope down center of stream: Flat (0 to 2%) _Gentle (2 to 4%) Moderate (4 to 10%) _Steep (>10%) 25. Channel sinuosity: Straight Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 51 Comm Evaluator's Signature—C , js;,nn Y-M, I Date 4 - zo),s This channel evaluation form is intended to be used only as abide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET * These characteristics are not assessed in coastal streams.