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HomeMy WebLinkAbout20070396 Ver 1_Application_20070307~~~r-~, S r .9 ~,,,,,,,,®• ~d'? ~' ~ STATE of NORTH CAROLINA gj~` ~ ~~ ~p~~c DEPARTMENT OF TRANSPORTATION °~ MICHAEL F. EASLEY GOVERNOR Mr. William Wescott U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 (One Copy) Mr. Rob Ridings Wetlands/401 Unit NC DENR Division of Water Quality 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604-2260 (Seven Copies) LYNDO TIPPETT SECRETARY February 20, 2007 ~/03~g Subject: NWP 3 and 33 Notification and Buffer Authorization Request, for the pipe replacement on Unnamed tributary (UT) to Pig Basket Creek under SR 1435 (Womble Rd.), Nash County. WBS # 4B.206411 Dear Sirs: Please find enclosed the Pre-Construction Notification for the above referenced project. The existing 2 lines of 40' X 66" concrete pipe will be replaced with one line of 112" X 75" corrugated aluminum pipe with headwalls having a length of 60 feet and will be buried to a depth of 12 inches. The replacement of this crossline is necessary due to current pipe failing causing road damage. Headwalls will be used to increase shoulder width and to provide gentler and more stable vegetated side slopes. An off-site traffic detour will be used during the crossline replacement. Twenty linear feet of permanent impacts to Waters of the U.S./State is proposed with this project to bring road up to current highway safety standards. This stream is located in the Tar-Pamlico River Basin and discharges into Pig Basket Creek, which is classified by the Division of Water Quality as B NSW 28-68-3-(1). All work will be done in the dry. Sheet pile cofferdams and pump-around measures will be used to divert the flow of water. Best Management Practices for the Protection of Surface Waters will be strictly adhered to during the replacement of this crossline. (252) 237-6164 x 3532 jguerrero@dot.state.nc.us Post Office Box 3165, Wilson, North Carolina 27895-3165 FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES The Fish and Wildlife Service (FWS) currently list two federally protected species for Nash County (Table 1). Table 1- Federally Protected Species of Nash County Federal Common Name Scientific Name Status Habitat .Biological Present Conclusion xed-cockaded Picoides borealis E N No Effect woodpecker Dwarf Wedgemussel Alasmidonta heterodon E N No Effect Tar River Spinymussel Elliptio steinstansana E N No Effect No element occurrences are listed on the NHP database within one mile of this crossline. During an on- site visit, no pine trees suitable for RCW foraging or nesting are near, or adjacent to the crossline as well as no suitable habitat for the Dwarf Wedgemussel or the Tar River Spinymussel was found. This project is not likely to jeopardize the continued existence of any of the federally protected species listed in Nash 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. Regulatory Approvals USAGE Section 404 Permit: The project qualifies for Nationwide Permit 3 (Maintenance of previously approved structures) and Nationwide Permit 33 (Temporary Construction, Access and Dewatering). All permit conditions will be followed. For our files, please provide general permit verification that the activity is authorized. NCDWO Section 401 Certification: The project qualifies for 401 General Certification number 3494 and 3366. All conditions of the general certification will be followed. NCDWO Buffer Rules: As road crossings less than 150 linear feet or 1/3 acre are an allowable use, written authorization from the Division of Water Quality is not required. Only Buffer Rule approval is sought in writine. Please contact Jamie Guerrero at (252) 296-3530 or Chad Goggins (252) 296-3532 if you have any questions or need additional information. Your time and effort are appreciated. Respectfull Yours, _,..,, R.E. reene, Jr., PE Division Engineer -Division 4 Cc: Mr. Jamie Guerrero, Division Environmental Officer Mr. Jimmy Marley, Bridge Superintendent Mr. Bobby Lewis, Division Maintenance Engineer Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 7 0 3 9 6 ~-- ---~ t,..• •-~.._..• ,w•a. au uv~ ar/FlaaaUlG lV U11J ~JI V~CGI, please enTer °1VOt applicable" 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: NWP 3 and NWP 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 -Division Engineer Mailing Address: PO Box 3165 Wilson NC 27895-3165 Telephone Number: 252-237-6164x3501 Fax Number: 252-234-6174 E-mail Address: rcx'eene(c~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 Division 4 Environmental Officer Company Affiliation: Division 4 - NCDOT Mailing Address: 509 Ward Blvd. Wilson NC 27895-3165 Telephone Number: 252 237-6164x3530 Fax Number: 252-234-6174 E-mail Address:~en'ero(a~dot state nc us Updated 1 I / 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 maybe 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:_ Pine Replacement on SR 1435 (Womble Road) over unnamed tributary (UT) to Pig Basket Creek in Nash County F 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): N/A 4. Location County: Nash USGS Red Oak Quad map Nearest Town:Red Oak Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Site is West of Red Oak 1 mile South of SR 1425 on SR 1435 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): 36.0307 °N 77.9441 °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Pig Basket Creek 8. River Basin: Tar River (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/admin/ma~s/.) 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 area heavily wooded around stream with some farmland in the area. Updated 11/1/2005 Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Usinf; mechanical hichway eauipment to replace existing 2 lines of 40' X 66" CMP lon with 2 lines of 112" X 75" corrurated steel pipe haven a length of 60' Off-site detour will be used 11. Explain the purpose of the proposed work Current pipe is undersized and failin causing cracks and holes in pavement. The 20 additional feet will provide gentler and more stable vegetated side slopes and bung this site up to current NCDOT construction and safety standards. 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. wT~ 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 maybe 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. Updated 11/1/2005 Page 7 of 13 1. Provide a written description of the proposed impacts: ten linear feet of permanent Twenty linear feet or 0.005 acres of permanent fill in stream channel from additional pipe len tgth. TheThe addtttonal 20 foot of t e len his re wired to increase the shoulder width to meet current NCDOT construction and safety standards as well as providing_gentler and more stable vegetated stde slopes There will also be tempor impacts from sheet pilin and dewatenng acttvities 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, separately list impacts due to tenth ~t,,,~r,,,-P a,,.t fl,,,.,t;,,,. Wetland Impact Site Number (indicate on map) -- Type of Impact --~~~ ~ VVlll Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) lls. Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A Area of Impact (acres) 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/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 acreage, multiply len h X width, then divide by 43,560. Stream Impact Average Impact Area of Number Stream Name T e of Im act Perennial or ~ p Intermittent? Stream Width Length Impact indicate on ma) Before Im act (linear feet) (acres) UT to Pig Basket Temporary sheet 10 Creek pile for dewatering Perennial 0 0 UT to Pig Basket Fill (additional 10 Creek pipe length) Perennial 20 0.005 Total Stream Impact (by length and acreage) 20 0.005 Updated 11 / 1 /2005 Page 8 of 13 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, dredein~. flnndin¢_ tlra;naae hnll.-hPa~ie Pt~• Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S_ reci~lt;nv from the r-rniPrt• - --- ---------a --~___ Stream Impact (acres): ..~., ~..... 0.005 Wetland Impact (acres): p Open Water Im act (acres): 0 Total Im act to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 20 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 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 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 Updated 11/1/2005 Page 9 of 13 will be performed within the existing road footprint Strict enforcement of Best Mana ement Practices for sedimentation and erosion control the protection of wetlands and surface waters will be enforced. Offsite detours will be used to avoid temporary fill from an onsite detour 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. 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 Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide 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/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 Updated 11/1/2005 Page 10 of 13 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): 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) 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 ®Meets Federal Categorical Exclusion criteria 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 (Meuse), 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 Tar River )? 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. Zone* Im act s u e feet ~ ) Multiplier Required Miti ation 1 ~ ~~, 2 U Updated 11/1/2005 Page 11 of 13 Total * 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 mana>:ement 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 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 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: This pipe replacement and upgrade is a general maintenance project Updated I1/1/2005 Page 12 of 13 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 11/1/2005 Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) --~ NASN co~,JrY 5 R 1~4 Z5 r ~~ ~~ f i l ~ ~ I ~ 2~ ~ uz' x 5.. r9oo I r II 10~ f b` ~' aRr fi ~ ~ ~ s ~ -~~,s tU~/UGU11C - UJIIJ 1CC11 VdK (1V L) lOp0 lvlap nttp:iiwww.topozone.conupnnt.asp'!lat=s6.u3u7~ilon=-77.9441&si... Oar ~i~2000AYR•~arr~ rr~ ~~~~ ~.~~ ~ ~- ~.~. ,. r ~ fln / `ti i ~_~~ ~~ . w ~~-'.rte o- J --. ~,/ I ~~~~~ .,`~ ~" ~--.1„ 1 (~ ~/~ ~" ~ 'mil _ __ U_ \ ~ ~ ` ~. @L` ; I ~~ .err J` ~,,,/ ,'~ 1 • `{ /A A ~, V , ' ` '• ~ ` ~ N ~? fj 9 /~f ~ Ij ~ ~.,~,,. .~_ , z,c~~~ ~.z / ~ t r \a ~\. ~t..` n `~ ~ '~ N 1 y ~ Y ~: y t-• nffi r • ~ ~{. 'Vl `tea ~!~ ~ ~ ` ~4 ~ `-"- -V 1 Gr i ~t ~p' Ce `~ ~ ~~: °~, ~ ~ ~ `~ ~~ "! ,~~ ~~ ~. N ~ ~ ~; ,~~ } ~_ r} u - ~ ~ ~ ~Caap$ i (~. ~ ~ ~~ ~ ~ ~ff ~ ~ ~. E t !1 1 of 1 4 0.3 0.6 0.9 1.2 1.5 km 0 0.2 0.4 4.6 0.8 1 mi 36.0307°N, 77.9441°W (NAD83/WGS84) USGS Red Oak (NC) Quadrangle Projection is UTM Zone 18 NAD83 Datum M* M=-9.11 G=-1.733 2/20/2007 9:40 AM Q Z J Q U 0 Z Z M ~ d. O ~ _ ~ a z w O w J_ h M c~ w N ~ O v Na .S ~o LLo 0 N 0 0 0 0 0 0 N ..~ v~ v ~n ~ ~g vU ~~ 0 z ~o N ~o 0 ~~ 0 €~ a a~ ~~ ~~ Sail Survey of Nash County, North Carolina SR 1435 Map Unit Legend Summary Nash County, North Carolina Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AaA Altavista sandy loam, 0 to 3 percent 18.1 3.8 'slopes, rmrly Qooded Bb Bibb loam, frequently flooded 14.2 3.0 BoB l3oimeau loamy sand, 0 to 4 percent 4.1 09 slopes FaB Faceville loamy sand, 1 to 6 percent 41.7 8.9 slopes GeB Georgeville loam, Z to 6 percent slopes 73 1.6: GeC Georgeville loam, 6 to 10 percent 36.8 7.8 slopes GoA E3oldsboro fine sandy loam., 0 to 2 0.7 0.1 .percent slopes GrC Gritney sandy loam, 6 to 10 percent 5.6 1.2 slopes NnC Nason loam, 6 to 10 percent slopes 42 0:9 NoB Norfolk loamy sand, 2 to 6 percent 102.4 21.7 slopes NrB Norfolk, Georgcville, snd Faceville 97.3 20.7 soils, 2 to 8 percent slopes Ra Rains fine sandy loam 74. I 15.7 Wh Wehadkee loam, frequently flooded 64.3 13.6 Nadrat Rnw-ees Web Soil Survey 1.1 2!20/2007 Caaknrloa Suds National Cooperative Soil Sravey Page 3 of 3