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HomeMy WebLinkAbout20070439 Ver 1_Application_20070313~~°~.~; _,~ >~~,,.~ ~4~~~n, d... srnrf o ~`y~, /~ ~ ~,,~~ ~ - ti~ ot.. r ~'` h~ -t~ _,~ F~- STATE of NORTH CAROLINA ~~.C~ DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO T1PPE'I'T GOVERNOR SECRETARY March 6, 2007 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 07439 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed roadway improvements and resurfacing along NC 157 from South Street (within the Roxboro city limits) south approximately 5.3 miles to SR 1140 (Jones Store Road) in Person County. WBS element 5.1073111. The North Carolina Department of Transportation (NCDOT) proposes improvements and resurfacing to NC 157 in Person County from South Street (within the Roxboro city limits) south approximately 5.3 miles to SR 1140 (Jones Store Road) in Person County (Figures l -3). This project will involve upgrading cross lines, widening travel lanes, and resurfacing 5.3 miles of roadway. Within the project length there are multiple stream crossings. However only one of these sites is a permit site [Site 1] (see Figures 1-3). All other stream cross lines that are not altered will be protected using erosion control devices while working in those areas. The existing roadway has 10 ft travel lanes and no paved shoulders. The upgrade proposal is to provide 11 ft travel lanes with 1 ft paved shoulders. Impacts to Waters of the United States Site 1 -Waters of US Construction at this site will impact an unnamed intermittent tributary to the Flat River [NCDENR-DWQ Index No. 27-3-2, Best Usage Classification WS-III NSW; HUC 03020201 ] (Figure 3) in the Neuse River Basin. The existing structure conveying the creek is a reinforced concrete pipe (see Photograph 1). This pipe will be extended 4 feet on the outlet end. Permanent impacts at the site associated with the pipe extensions total 4 linear feet of fill in surface water in addition to a total of 10 feet of rip rap along the stream banks. The work zone at this site will be temporarily dewatered for approximately 1 day. This will involve the temporary placement of sandbags at the inlet of the structure Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 and in the stream 14 tt downstream of construction. Once the stream has been dewatered, the extension will be set. Temporary concurrent impacts to the stream from this activity will result in dewatering 14 linear feet of stream. The sandbags used for dewatering will - be removed after construction. Riparian Buffer Impacts Site 1 -Buffers The construction at this site involves a road crossing of a stream that is subject to the Neuse Riparian Buffer Rule. The unnamed intermittent tributary to the North Flat River at Site 1 is depicted on the most recent version of the Hurdle Mills (1968) topographic quadrangle (Figure 1) as well as on the Soil Survey of Person County (USDA-SCS 1984) (Figure 2). Please note that all work on the remainder of the project involves no work outside of the existing transportation.facility. Therefore the only proposed buffer impacts for this resurfacing project are at Site 1 and total 864ft' in Zone 1 and 580ft' in Zone 2 (totaling 14 linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this crossing is EXEMPT. Waters of the U.S./Riparian Buffer Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Otticer during construction to minimize impacts to these sites. Compensatory Miti >ag tion: All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of March 2007, there is one federally protected species listed for Person County: dwarf wedgemussel (Alasmidonta heterodon). This intermittent stream does not provide suitable habitat for dwarf wedgemussel and furthermore no dwarf wedgemussels are known to exist within this section of the Neuse River Basin. Therefore, a Biological Conclusion of No Effect has been rendered for this species. Historical Compliance This project will have not impacts to historical resources as we at•e working within the existing right-of--way. 3 Summary NCDOT proposes to upgrade cross lines, widen travel lanes, and resurface along 5.3 ' miles of roadway in Person County. Fill in surface waters of Oft, l Oft of riprap armoring, 14ft of concurrent dewatering, and 141ft of impacts to riparian buffers are the impacts proposed with this project. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14, NWP 33, NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404, and WQC No. 3366 for above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS element 5.107311. Apre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. Sincerely, .~a~ J. W. Bowman, P.E. 0 Division Engineer cc: Mr. Rob Ridings, NCDWQ Ms. Tasha Johnson, P.E., NCDOT Mr. Dion Viventi , P.E., NCDOT Mr. Donald Pearson, NCDOT NC 157 widening -Person County Photograph 1. View looking west from inlet (no stream at inlet -standing water only). Photograph 2. 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I I w I I I a I ~ 0 D C 0 + 0 - + C m E N U v a c a 0 O ~+' M U ~ ~ ~ ~ O ~ ~~ U ~ V ~ M oz V ~ Or bA Office Use Only: Form Version March OS 20070438 USACE Action ID No. DWQ No. (tt 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 14 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 Owner/Applicant Information Name: NCDOT Division 5 J.W. Bowman Mailing Address: 2612 N. Duke St., Durham, NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: wbowman(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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 1 of 8 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 USAGE 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. Name of project: The North Carolina Department of Transportation (NCDOT) proposes improvements to NC 157 in Person County from South Street (within Roxboro city limits) south to SR 1400 (Jones Store Road). This project will involve up 7r~ ading cross lines, widening travel lanes, and resurfacing approximately 5.3 miles of roadway. 2. T.I.P. Project Number or State Project Number (NCDOT Only):WBS Element No. 5.107311 3. Property Identification Number (Tax PIN): 4. Location County: Person Nearest Town: Roxboro Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Roxboro take NC 157 south approximately 4.1 miles to project site. 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): Site 1: 36.3256 °N 79.0808 "W 6. Property size (acres): 38.5 acre 5.3 mi project within the 60 ft right-of-way 7. Name of nearest receiving body of water: UT North Flat River 8. River Basin: Neuse (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/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is surrounded by wooded areas and agricultural land. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: This project will involve up 7r~~cross lines, widening travel lanes, and resurfacing 5.3 miles of roadwa~quipment used at this site, may include excavator, backhoe, bulldozer, grader, and 11. Explain the purpose of the proposed work: The project involves roadway improvements ahead of resurfacing. 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 provide 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 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. Wetla~ld and stream evaluation and delineation forns 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. Provide a written description of the proposed impacts: See cover letter for a thorough description of the proposed impacts at Site 1. Page 3 of R 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 hnth ¢tn~cturP anti flnn~lina Wetland Im act P -f ype of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/nn) (linear feet) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A z. L,tst the total acreage (estimated) of all existing wetlands on the property: N/A 3. 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. multinly leneth X width. then divide by 43.560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent'? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) Site 1 N/A Fill (piped length) intermittent 2'0 4 0.0002 Rip rap armoring along stream bank 10 0.0005 Temporary l4 0 0007 dewatering concurrent . Total Stream Impact (by length and acreage) 14 0.0007 4. 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. dredging_ fleeding_ draina~e_ hulkheads_ etc. 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) N/A Total Open Water Impact (acres) N/A 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0007 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.0007 Total Stream Im act (linear feet): 14 Page 4 of 8 6. 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 USAGE. N/A 7. 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 stornwater 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. All wetlands and surface waters not affected by construction will be protected from unnecessary encroachment durinc construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of fill necessary to complete the project will be placed in waters of the United States or protected riparian buffers. 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. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January I5, 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 Page 5 of 8 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 ordet- for USAGE 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/strm ~ide.httnl. 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. All compensatory mitigation requirements will be left to the discretion of the re ulatory review a encies. 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://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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No Page 6 of 8 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), I SA NCAC 02B .0243 (Catawba) I SA 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. Site 1 Zone* Impact (square feet) Multiplier Required Mitigation 1 864 3 (2 for Catawba) N/A 2 580 1.5 N/A Total 1,444 N/A * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet ti-om the edge of Zone I . 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. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stortnwater 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. There are 12.8 acre existing impervious surface (20 foot wide existing pavement) and 15.4 acre proposed (proposed 24 foot wide asphalt pav_e_d_ road) of the 38.5 acre (5.3 mi total project size. Erosion and sediment control devices along the project are likely to comprise of temporary rock silt checks temporary silt basins, and temporary silt fence. The temporary structures will be removed once the vegetation has been established. Page 7 of 8 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. This project will not generate wastewater. 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 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 http:/; h2o.cnr.statc.nc.us/ncwetlands. If no, please provide a short narrative description: This roadway improvement and resurfacing,project will not result in additional development. 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). ~i(~. ~t~w~ .f.Fu~ 0 3' o q ~0 7 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8