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HomeMy WebLinkAbout20091331 Ver 1_Application_20091218 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY PURDUE P. O. Box 25201, Raleigh, NC 27611-5202 GOVERNOR PHONE: 919-733-2520 December 16, 2009 s 1 ? UDC 6?'??? EUGENE CONTI, JR. SECRETARY Mr. Monte Matthews U. S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 091331 Subject: Nationwide Permit #23 NC 268 from US 52 ramps to SR 1886 Surry County, North Carolina Project Number: 39938.1.1 (DWQ Permit Fee: $240) Dear Mr. Matthews: The NC Department of Transportation is scheduled to grade, drain, widen, curb and gutter, mill and pave NC 268 from the US 52 ramps to SR 1886 in Pilot Mountain. This project will add a center turn lane to improve traffic flow and will add a roundabout at the intersection of US 52 and NC 268. Total project length is approximately 0.65 miles. Heatherly Creek (Class: C) travels under NC 268 through a triple barreled box culvert near station 28+00. We do not anticipate a need to extend or replace this culvert. However, there is an unnamed tributary to Heatherly Creek that travels parallel to NC 268 from approximate stations 27+00 - 28+00 (Rt.) that must be relocated to accommodate the fills of the widened roadway. The existing channel length is 102 linear feet. The proposed new channel length will be 104 linear feet. The existing channel is immediately adjacent to the roadway and is partially lined with riprap. The new channel will be farther away from the roadway, will have flatter slopes and will have a fenced 30' buffer included within our right-of-way on the south side. The new channel will be constructed in a dry work environment. Coir fiber matting will be placed on the streambanks along with an appropriate riparian seed mix and live stakes so that on-site mitigation credits can be granted. Class B riprap may be used in the two bends if it is deemed necessary to prevent scour. This project will have no effect on any federally listed endangered plant or animal species. The State Historic Preservation Office has reviewed this project and did not request any survey work. P. O. Box 250, N. WILKESBORO, NC 28659 PHONE (336)667-9111 FAX (336)66711549 Mr. Monte Matthews NC 268 in Pilot mountain Page 2 December 16, 2009 The project impacts are not significant in nature and should not remove or degrade existing water quality uses. All appropriate BMPs will be used during construction.. Attached is a Preconstruction Notification Form, plan sheets, a marked county map, a marked topography map and photographs. By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with the North Carolina Wildlife Resources Commission comment directly to you concerning the 404 Nationwide Permit application with a copy sent to me. By copy of this letter, I am forwarding five (5) copies of this application package to Brian Wrenn, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his review. It is requested that any comments related to the 401 certification be forwarded directly to me with a copy sent to the US Army Corps of Engineers. We would like to begin construction as soon as possible. If further information is required, please let me know. Your early review and consideration will be appreciated. Sincerely, 7 Heath Slaughter Division Environmental Officer Enclosures cc: Monte Matthews, US Army Corps of Engineers (1 additional copy) Ron Linville, Western Piedmont Region Coordinator, NCWRC Brian Wrenn, Division of Water Quality (5 copies) Amy Euliss, Division of Water Quality Mike Pettyjohn, PE, Division Engineer Brandon Whitaker, PE, District Engineer Philip Shepherd, PE, DDC Engineer Heath Slaughter, Division Environmental Officer Neil Trivette, Roadside Environmental Field Operations Engineer Troy Wilson, USFWS o/2oF wn 7?7g( o N?57 -c 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 la. Type(s) of approval sought from the Corps: X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 23 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes X No 1d. Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. NO Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: ? Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes X No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X No 2. Project Information 2a. Name of project: NC 268 from US 52 ramps to SR 1886 2b. County: Surry 2c. Nearest municipality / town: Pilot Mountain 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no 39938.1.1 3. Owner Information 3a. Name(s) on Recorded Deed: NCDOT 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 801 Statesville Road 3e. City, state, zip: North Wilkesboro, NC 28659 3f. Telephone no.: (336) 903-9202 3g. Fax no.: (336) 667-4549 3h. Email address: hslaughter@ncdot.gov Page 1 of 10 PCN Form - Version 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 10 B. Project Information and Prior Project History 1.. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): 36.37804 Longitude: - 81.48102 Latitude: (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 7 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Heatherly Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 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: Paved road in an urban area. 31b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 102 3d. Explain the purpose of the proposed project: Add center turn lane and roundabout to improve traffic flow in the area. 3e. Describe the overall project in detail, including the type of equipment to be used: See attached cover letter 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ? Yes X No ? Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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 this project (including all prior phases) in the past? ? Yes X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans phased proje ct? Yes X No plain. Elfyes Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): Wetlands X 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 ? Yes Corps No DWQ W2 P R T ? Yes Corps No DWQ W3 P ? T ? Yes Corps No DWQ W4 P ? T ? Yes Corps No DWQ W5 P R T ? Yes Corps ' No DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: No wetland impacts 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 X P ? T Stream UT#1 to X PER X Corps 3 102 Relocation Heatherly Creek INT X DWQ S2 P R T PER Corps INT DWQ S3 P ? T PER Corps INT DWQ S4 P R 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 102 3i. Comments: The above noted UT will be relocated so net impacts will be zero. Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes X 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? N/A 2b. Does this project require a Stormwater Management Plan? X Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: Using NCDOT State Stormwater Permit ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program X DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II ? NSW 31b. Which of the following locally-implemented stormwater management programs ? 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 ? HOW 4a . Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): NONE ? Session Law 2006-246 ? Other: 41b . 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 51b . Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? lb. 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)? 21b. 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. Area is already developed 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 9 of 10 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? GIS and Visual Inspection 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? WRC will comment 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? SHPO 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: 8c. What source(s) did you use to make the floodplain determination? ncfloodmaps.com J. Heath Slaughter 12/16/09 Applicant/Agent's Printed Name Applicant/Agent's Si ture / Date atre svalid only if an authori ion letter from the applicant (Agent's s is provided.) Page 10 of 10 • 06/06/2008 10:31 NC STATE HISTORIC PRESERVATION OrA ? ?? iw 913366674549 NO.264 RECEIVED "41C DIVISION _NGINERS O'r l'_a:: N. WII.KESF090, N<; ?'..j%r North Carolina Department of Cultural Resources State Historic Preservation Office .. Peter a Savdbeck, Mroiai-t for Michael F. Ledry, Govunor Office Hiscor and o teee Li66eth G Evmis, $?ene9 Diviaon of f Hit[ocid ftzesau Jetfaey J. Cmw, Deputy Sectetq David Book nimaor April 8, 2008 MEMORANDUM TO: Greg Thorpe, Ph.D., Director Project Development and Enviromnental Analysis Branch NCDOT Division of Highways FROM: Peter Sindbeck P-4lu t?rl k SUBJECT: NC 268 Widening in Pilot Mountain, Suny County, ER 08-0759 Thank you for your letter of March 7, 2008, concerning the above project We have conducted a review of.the proposed undertaking and ate aware of no historic resources which would be affected by the project Therefore, we have no comment on the undertaking as proposed. The above comments ate made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800, Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 9197807-6579. In all future communication concerning this project, please cite the above referenced cracking ntunber. cc: Mary Pope Furr, NCDOT Matt Wilkerson, NCDOT a9-0 3-6L, , yy? - D01 Laeadom log pa.tJo*a Seer, RaGgh NC 1760t Marling Addmw 4617 Will SeNim Center, aslcigh NC Z7699-017 Tclcpbem/Fac (619) 8074570/801.6560 N N 10 $ 1 _ W : d' N .? N I i B ION A V ca O D N I y w ? '? $ 80' N o N ? ? f p pC' + \ N I N i I o ? A ? (11 N I O / tLU ? I O b O t71 m O ? ? to ":t" o N/ O` I I N I- r .11 03 N o O 1 7- I I O ? ?c 91 N \ 1 i w l l try ? g 1 Im 10 V \ 8 (Op O 0A j I _ ?L 4 IN / I O O i `- \ I 1p v \ I ? N \ / I rt IO ?N ' 7C l l 0 ? I M N W.j A O O1 N W? \/ / ? ? I m / vti ? ?' 1D I2 00 cn a I O +? O m l N o / I x j Q/ ? Ul O LL P 1 ? / I ` \ I 1 / Op r / I O ???? ? @ Q A C Q v Z? m J Q g0 N A / I / D ^ i LL. 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