HomeMy WebLinkAbout20070463 Ver 1_Approval Letter_20070314y •A~u tl
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STATE of NORTH CAROLINA ~~'~,~9:,~. ~~ ~~" ~
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DEPARTMENT OF TRANSPORTATION °~~`~1,.. ~,
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MICHAEL F. EASLEY
GOVERNOR
Mr. William Wescott
DIVISION 4
March 9, 2007
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
Raleigh, NC 27604
(Seven Copies)
LYNDO TIPPETT ,~~~
SECRETARY ~~`'S'
07p4~3
SUBJECT: NWP 13 and 33 Notification and Buffer Authorization Request, for stream
bank stabilization on a UT to Dickson Branch under SR 1224 (Nobles Mill
Pond Road)
WBS # 4.20311
Dear Sirs:
Please find enclosed the Pre-Construction Notification for the above referenced project.
The North Carolina Department of Transportation (NCDOT) proposes to stabilize
approximately 50 feet of stream bank by grading the bank to a slope of no greater than 2:1
and installing geofabric and rip rap along the bank. This activity will result in temporary
impacts to the stream and riparian buffers. The stream is located in the Tar-Pamlico River
Basin and discharges into Dickson Branch, which is classified by the Division of Water
Quality as C NSW 28-83-3-(1.7). The NCDOT anticipates that the pipe replacement
activities will be authorized under Nationwide Permit (NWP) 13 and NWP 33, and
temporary losses to the waters will be minimized by the use of sheet pile cofferdams being
Post Office Box 3165, Wilson, North Carolina 27895-3165
Phone (252) 6237-6164 Fax (252) 234-6164
placed within the proposed impact area. The sheet pile cofferdams will be removed
immediately upon completion of the construction activities.
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list two federally protected species for
Edgecombe County (Table 1).
Table 1-Federally Protected Species of Edgecombe County
Common Name Scientific name Federal Habitat Biological
Status Present Conclusion
Tar River Elliptio steinstansana E N No Effect
s in ussel
Red-cockaded Picoides borealis E N No Effect
wood ecker
No element occurences are listed on the NHP database within one mile of the crossline.
During an on-site visit, no pine trees suitable for RCW foraging or nesting are near, or
adjacent to the project area. Additionally, no suitable habitat for 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 Edgecombe 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
USACE Section 404 Permit: The project qualifies for Nationwide Permit 13 (Bank
Stabilization) and Nationwide Permit 33 (Temporary Construction, Access, and
Dewatering). All permit conditions will be followed.
NCDWQ Section 401 Certification: The project qualifies for 401 General Certification
number 3495 and 3366. All conditions of the general certification will be followed.
NCDWQBuffer Rules: As streambank stabilization activities are an allowable use, written
authorization from the Division of Water Quality is required.
if you have any questions or need any additional information, please contact Jamie
Guerrero at (252) 296-3530. Your time and effort are appreciated.
Respectfully yours,
-~ - ~
r
R. E. Greene, Jr.,
Division Engineer, Division 4
cc: Mr. Janve Guerrero, Division Environmental Officer
Mr. Franz Enders -Assistant District Engineer
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. 2 ~ 0 7 ~ Q 6 3
(If any particular item is not applicable to this project, please enter "Not 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 13 and 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
Owner/Applicant Information
Name: R.E. Greene -Division Engineer
Mailing Address: P.O. Box 3165
Wilson, NC 27895-3165
Telephone Number: 252-237-6164 x3501 Fax Number: 252-234-6174
E-mail Address: r rg 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: P.O. Box 3165
Wilson. NC 27895-3165
Telephone Number: 252-237-6174 x3530 Fax Number: 252-234-6174
E-mail Address: jguerrero~a,dot.state.nc.us
Update) 11/1/2005
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 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: Stream bank stabilization on SR 1224 over UT to Dickson Branch
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Edgecombe USGS Hartsease Quad Nearest Town: Rockv Mount
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): SR 1224 (Nobles Mill
Pond Rd.) approx. 0.2 miles E of SR 1226 (Powell Rd.)
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): 35.9030 °N 77.7041 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Dickson Branch which drains into Cokey Swamp
8. River Basin:.. Tar Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih~o.enr.state.nc.us;admin%mapsl.)
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, agricultural, and residential
Updated 11/1/2Q05
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: Usin~_
mechanical highway equipment, grade stream bank to 2:1 slope, install geofabric and rip-raQ
to stabilize stream bank. Dewatering of the stream may be necessary to avoid sedimentation
in the stream channel during construction.
11. Explain the purpose of the proposed work: Bank stabilization to prevent further
sedimentation in the stream channel and to halt erosion of residential property
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 pl•ovide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to deternvne, 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 description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Regrade the stream bank from
the road crossin for approximately 50' feet to achieve 2:1 slope. Install geofabric and rip rap for
stabilization. Temporary dewatering may be necessary.
Updated 11/1/2005
Page 7 of 13
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,
s aratel list im acts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
lineaz feet Area of
Impact
(acres)
Total Wetland Impact (acres)
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/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must tie included. To calculate acreage. multivly length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(lineaz feet Area of
Impact
acres)
UT to Dickson
Branch Temporary
dewatering,
grading of stream
bank and ri ra
Perennial
18
50
0.01
Total Stream Impact (by length and acreage) 50 O.OI
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, dred in ,floodin , draina e, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma
Name of Watcrbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 13
6. List the cumulative i act to all Waters of the U.S. resultin from the ro~ect:
Stream I act acres : 0.01
Wetland I act acres
O en Water I act acres
Total I act to Waters of the U. S. acres
Total Stream I act (linear feet : 50
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.
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
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):_
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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
will be performed outside the stream channel. Strict enforcement of Best Management Practices
for sedimentation erosion control and streams Temporary impacts to buffers will be restored to
original condition.
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
^ wetlands
installation of
Updated 11/1/2005
Page 9 of 13
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streanLS.
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 (see DWQ website for most current
version.).
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
website at http~//www nceep net/pal;es/inlieureplace 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):
Updated 11/1/2005
Page 10 of 13
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/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
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
(Neuse), 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 )? 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.
I Zone* I Impact I Multi lien I Required I
i~,,...,~e r ., P ....._-----
1 1500 3 (2 for Catawba)
2 1.5
Total
• Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 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. Stream bank stabilization is allowable. No
mitigation is required. Only buffer authorization approval is requested
Updated 11/1!2005
Page 11 of 13
XI. Stormwater (required by DR'Q)
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 BMPs 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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-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
hltp.';'l;~u.enl".~t3ir.iiC.uS;'11C~i'etlaildS. If n0, please provide a short narrative description:
Updated 11/1/2005
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).
~;,
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Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Page 13 of 13
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Soil Survey of Edgeoombe County, North Carolina SR 1224 Edgecombe Co.
Map Unit Legend Summary
Edgecombe County, North Carolina
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
BB Bibb soils 19.8 6.8
BnB Blanton sand, 0 to 6 percent 10.8 3.7
slopes
DpB Daplin sandy loam, 2 to 5 0.0 0.0
percxatt slopes
GoA Goldsboro fine sandy loam, 0 to 37.6 13.0
2 percent slopes
Jo Johns fine sandy loam 2.2 0.8
JS Johnston soils 10.1 3.5
Ln Ltunbee fine sandy loam 14.3 4.9
MaB Marlboro sandy loam, 2 to 6 12.9 4.5
percent slopes
NoA Norfolk loamy sand, 0 to 2 26.4 9.1
percent slopes
NoB Norfolk loamy sand, 2 to 6 125.7 43.4
percent slopes
NoC Norfolk loamy sand, 6 to 10 1.5 0.5
percdtt slopes
Ra Rains fine sandy loam 20.4 7.0
WaB Wagram loamy sand, 0 to 6 7.9 2.7
percent slopes
WaC Wagram loamy sand, 6 to 10 0.2 0.1
percent slopes
USDA N.wr,~ x~~
Coasendion Serriec
Web Soil Survey 1.1
National Cooperative Soil Survey
3/-/2007
Page 3 of 3