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
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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 ?
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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
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1) UT to Heatherly Creek scheduled for relocation.
2) _ Driveway pipe outlet where the stream relocation will begin near station 27+00 (Rt.).
3) Upstream view of UT, upstream of driveway pipe. We will not disturb this section.
4) Inlet view of triple barrel culvert carrying Heatherly Creek.
5) Upstream view of Heatherly Creek from near culvert inlet.
6) Another inlet view of the Heatherly Creek culvert.
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