HomeMy WebLinkAbout20091292 Ver 1_401 Application_200912090 9 - 1 2 9 2
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A< Applicant Information
1. Processing
I a. Type(s) of approval sought from the
®Section 404 Permit ? Section 10 Permit
?
Corps:
I 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1
T
f 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
i
Id. Type(s) of approval sought from the D'VVQ (check all that apply):
R'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:
I ® Yes ? No ? Yes ? No
If. Is payment into a mitigation bank or in4ieu fee program proposed for mitigation ? Yes ? No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ® Yes ? No
below.
i 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Broadneck Swamp Low Water Crossings •-
1 17
2b. County: Bettie
2c. Nearest municipality I town: Hamilton 1?r C
Mv
'
2d. Subdivision name: V
r
-11M - MILK -7y
2e. NCDOT only, T.I.P. or state VWETIANDSA!lDSTCr'tMyOr?R
RANCH
I
project no:
1 Owner Information
3a. Name(s) on Recorded Deed: United States of America
3b. Deed Book and Page No. Book 557 Pages 242-245 and Book 683 Pages 364-371 I
3+• Responsible Party (for LLC it
Department of Interior. Fish and Wildlife Service Division of Refuges
appiicabie):
3d Street address: t DO Box 430,
lie City, State, Zip' '?nt3sor, NC 271983
i 31. Teiephone no.. j 252-704-3808 i
3g Fax ro p 252-734-3'80
i
3h: Entail address
Jean-r icetanvJws.gov
PCN Form - Ve(slun 1.3 December 10, 2008 Version
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 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 5840540938 and 5841650223
1 b.
Site coordinates (in decimal degrees): Latitude: 35.96918
35.96420
35.95835
(DD.DDDDDD) Longitude: - 77.14157
-77.14869
-77.15022
(-DD.DDDDDD)
1c. Property size: 7,870 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Roanoke River
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Roanoke
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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 site is located on a recently acquired tract of land from International Paper Company; the Town Swamp Tract
of the Roanoke River National Wildlife Refuge, Bertie County, NC. The site consists of a ridge-swale bottomland forested
wetland system that floods when discharges from the Roanoke Rapids Dam 15,000 cubic feet per second (cfs) and
greater for five or more days. Silvicultural exemptions permitted roads to be constructed in the forested wetland sloughs.
The three project sites are located along a two mile stretch of Town Swamp Road that cuts through upland forests and
forested wetlands. (Refer to Maps 1 and 2). Each project site consists of an earthen road in the slough with one or more
culverts. Some of the culverts are undersized, placed above the elevation of the slough or are no longer fully functional
(i.e., rusted and breaking apart) inhibiting the passage of water. The portion of road located in the slough consists
primarily of fill dirt but may also contain unknown materials such as rocks, chunks of concrete, logs, bricks, or other items.
The road in the slough acts as a dike during moderate floods disrupting the natural flow of water on the floodplain. When
flows are sustained for seven days or more at 18,000 cfs fish are able to pass over the existing road. However, when
flows are less than 18,000 cfs, the road may act as a barrier to fish passage. Past survey work indicates that
anadromous fish can be found in the areas of sites W1 and W2 when discharges are 12,000 - 18,000 cfs from Roanoke
Rapids Dam in the Spring. Although no formal survey has been carried out anecdotal accounts of fish passing over
already existing low water crossings on the same tract of land less than two miles away have been noted.
The primary objective of the project is to lower the portion of road that runs through the slough so the road no longer acts
as an impedement to water and fish passage during moderate flood events while still maintaining the necessary
infrastructure for the Fish and Wildlife Service to carry out its mission on the Refuge.
3b. List the total estimated acreage of all existing wetlands on the property:
3,200
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
10,000 linear feet includes guts and sloughs
3d. Explain the purpose of the proposed project:
Overall purpose of the project is to allow water to move more freely through the floodplain by taking the current elevation
of the road approximately 3', down to 6-8" above the elevation of the swamp.
Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of three sites all located within a one-mile stretch of road on the Town Swamp Tract of the Roanoke
River National Wildlife Refuge, Bertie County, NC (see attached site Maps 1 and 2). The objective at each project site is
similar which is to decrease the elevation of the road that runs through the slough to enhance the flow of water on the
floodplain and provide fish pasaage over the roads when discharges from Roanoke Rapids Dam are between 12,000 cfs
and 18,000 cfs, a moderate flood. At each of the project sites a section of road and any culverts present will be removed.
The old road bed will be excavated three feet below the bottom elevation of the adjacent wetlands. The remaining road
at both ends of the water crossing will be excavated to a 3:1 slope as it approaches the crossing. All excavated material
and culverts will be hauled off the refuge and deposited in a location determined by the contractor. A layer of geotextile
fabric will be installed in the excavated area and covered with three inches of Class 4 stone. Three feet of Class A rip-rap
will be placed on top of the stone allowing the movement of water through the stone. In addition, per USACE permit
guidelines, one heavy duty six inch corregated plastic drain pipe will be placed between the Class A rip-rap and ABC
crush and run to ensure hyrdrological connectivity during periods of low flow. The low water crossing will then be finished
by adding six to eight inches of ABC or crush and run stone. This final layer of material will be smoothed and leveled.
Refer to figures 1 and 2 for design specs.
Dimensions of each site with volume of spoil to be removed are provided below. Dimensions are rounded off to the
nearest foot.
Sites are listed as W1-W3 to correspond with Part C, section 2a of this PCN.
W1 - 3701 x 30'W x 6'D resulting in 2,466 cubic yards of spoil to be removed
W2 - 3201 x 30'W x 6'D resulting in 2,133 cubic yards of spoil to be removed
W3 - 5601 x 30'W x 6'D resulting in 3,733 cubic yards of spoil to be removed
Work will be carried out using a tracked excavator, a dump truck to deliver rock and to haul spoil material off-site, and a
bulldozer to level the rock. All work will be within the footprint of the original road bed, a width of 30', and no equipment
will be permitted in wet areas. Work will not occur during the anadromous fish runs March 1 thru May 15 unless dry
conditions are apparent. Work will take place during periods of low water.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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)
Temporary T
W1 ? P ®T Replace existing
road w/low water Bottomland
Hardwood Forest ® Yes
? No ® Corps
?DWQ
0.25
crossing
W2 ? P ®T Replace existing
road w/low water Bottomland ® Yes ® Corps
0.22
Hardwood Forest ? No ? DWQ
crossing
W3 ? P ®T Replace existing
road w/low water Bottomland
Hardwood Forest ® Yes
? No ® Corps
?DWQ
0.39
crossing
W4 ? PEI T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.86 acres
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 of jurisdiction 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 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, 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
5f. 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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Project will remain within the foot print of the existing road, heavy equipment will not be used in any wet areas, excavated
material will be carried off-site.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
pro
project? ? Mitigation bank
El 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 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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
buffer mitigation? ? Yes ? No
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.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a restoration project, no wetlands
will be signifciantly altered or lost as a result of the project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? 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 government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs El USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program 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:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
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
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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)?
1c. 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
? Yes ? No
letter.)
Comments:
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.
N/A
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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?
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?
USFWS personnel
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?
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: No permanent structures are being placed in the project area, this
is a hydrological restoration project.
8c. What source(s) did you use to make the floodplain determination? flood models developed for the Roanoke River and
floodplain gauge data.
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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