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HomeMy WebLinkAbout20040321 Ver 1_Complete File_20040226 e •asug, a WETLANDS/ 401 GROUP FEB 2 6 2004 V"!A"fE QUALITY SECTiON STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY P.O. Box 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETT GOVERNOR SECRETARY P.O. BOX 47, 1710 East Marion Street Shelby, N. C. 28 1 5 1-0047 February 19, 2004 Mr. Steve Lund - NCDOT Projects US Army Corp of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 0 4 0 3 2 1 Asheville, N. C. 28801-5006 Dear Mr. Lund: The North Carolina Department of Transportation, Division of Highways, request the issuance of a Section 404 Permit, Nationwide Permit #3, Maintenance and #33, Temporary Construction, Access, and Dewatering. COUNTY: Iredell LOCATION: SR 1590, south of Love Valley STREAM: Unnamed tributary to Snow Creek, WS-1V Watershed (from a point 1.1 mile upstream of Iredell County SR 1614 to South Yadkin River), Yadkin River Basin PROJECT DESCRIPTION: The project consists of the replacement of a deteriorating 72", 55-foot pipe with a new 72", 60-foot pipe with inlet and outlet concrete headwalls. A minor increase in pipe length is necessary to bring the pipe crossing up to current paved road standards. Five feet of riprap will be utilized on the streambank upstream and downstream of the pipe for structure stabilization. A stream profile was established by measuring the thalweg elevations at various points upstream and downstream and of the proposed pipe. The proposed pipe will be buried one foot below the existing streambed elevation based upon the established thalweg profile. The proposed pipe slope has been calculated to be 4.8 %. There are natural rock structures in the streambed upstream of the existing pipe. These natural instream structures will be left in place in an effort to prevent headcutting due to the new pipe installation. Temporary cofferdams will be used isolate the work area during the installation of the pipe. A small side stream that enters the main stream -15 ft upstream of the existing pipe will not be impacted by the temporary cofferdams nor the installation of the new pipe. Upon project completion, the Mr. Steve Lund SR 1590, Brookhaven Road- Page Two February 19, 2004 cofferdams will be removed and the area will be restored to natural stream dimensions. I have enclosed a PCN application, a sketch of planned activities- including preliminary erosion control plan, and location maps relative to the project. The proposed project is located in Class WS-IV watershed; however, it is not located within 1/2 mile of the critical watershed area nor is the road functionally classified as a rural or urban arterial. Hazardous spill basins are not required. Enclosed is the NCDOT hazardous spill basin checklist. A review of the Natural Heritage information for the T/SA species (threatened due to similarity of appearance) listed for Iredell County, the bog turtle (Clemmys muhlenbergii), revealed no known sites in the vicinity of the project areas. An on-site survey was conducted on February 17, 2004. Neither the bog turtle nor suitable habitat was observed at either project site. It is anticipated that there will be no impact on this species or its habitat. A review of the available information from the National Register of Historic Places was also conducted. It is anticipated that no historic site will be impacted by the proposed project. Your earliest consideration for this request would be greatly appreciated. Should you have any questions, please call me at 704480-9020. Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: '0? Trish Simon Division 12 Environmental Supervisor Enclosures cc: Mr. Michael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Mike Parker, DENR, DWQ, Asheville Regional Office (Courtesy Copy) Mr. John Dorney, DENR, DWQ, 401/Wetlands Unit (Courtesy Copy) Mr. Ron Linville, N.C. Wildlife Resources Commission Mr. Brian Cole, U.S. Fish & Wildlife Service Mr. Neil Trivette, Roadside Environmental Field Operations File f Office Use Only: n Form Version October 2001 USAGE Action ID No. DWQ ND 4 0 3.2 1 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. L Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ? 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #3, #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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mike Holder. NCDOT Mailing Address: P.O. Box 47 Shelby NC 28151 Telephone Number: 704-480-9020 Fax Number: 704-480-5401 E-mail Address: 2. Agent 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: Trish Simon Company Affiliation: NCDOT Mailing Address: P.O. Box 47 Shelby, NC 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimon@dot.state.nc.us Page 1 of 8 4 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: Pipe Replacement SR 1590 rookhaven Roads Iredell County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): 12B.204912 3. Property Identification Number (Tax PIN): NCDOT Rig t of wa 4. Location County: Iredell Nearest Town: Statesville Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): Hwy 21 north from Statesville. Turn left onto SR 1583, right onto SR 1590 and proceed to project site. 5. Site coordinates, if available (UTM or Lat/Long): 35°58'32'N/80°59'02W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Pipe on paved secondary road 7. Property size (acres): 0 15 acres NCDOT right of way 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Snow Creek (From a point 1.1 miles upstream of Iredell CountkSR 1614 to South Yadkin River, WS-IV Watershed 9. River Basin: Yadkin (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/mVs/.) 10. Describe the purpose of the proposed work: This project consists of replacing a deteriorated 72", 55-foot long CMP with a new 72", 60-foot tong CMP with inlet and outlet concrete Page 2 of 8 headwalls The minor increase in pipe length is necessary to bring the crossing up to current paved road standards. 11. List the type of equipment to be used to construct the project: A trackhoe will be used. 12. Describe the land use in the vicinity of this project: The surrounding area is mostly residential yards and forested area. 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. NA 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: SR 1590 is a paved road that has several stream crossings These pipes/bridaes may be replaced at some in the future However, no immediate future permit requests are anticipated. VL 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts: NONE Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no Distance to Nearest Stream (linear feet Type of Wetland*** Page 3 of 8 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/dramage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httr)://www.fema.gov. List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Length of Average Width Perennial or Number Type of impact* (Hnw feet) Stream Name** of Stream Intermittent? (indicate on map) Before Impact (please specify) I Minor increase in 5 feet UT to Snow 5' pipe length Creek Perennial Rimp on streatinbank 5ft at inlet and 1 at inlet and outlet for outlet K K K structure stabilization Temporary 10 ft upstream & K K K 1 cofferdams downstream of proposed pipe * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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 * * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (umramed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Permanent impacts = 5 ft fill in stream & 10 ft streambank impacts: Total temnoma impacts = 20 ft. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. NO OPEN WATER M ACTS Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond' estuary, sound' indicate on ma acres bay, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation NO 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 Page 4 of 8 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. The 55-foot existing, pipe is to be replaced with a 60-foot pipe, therefore, there is only minor loss of stream footage. Inlet and outlet headwalls are being utilized which reduces length , of pipe necessary to bring the culvert crossing up to paved road standards. Based upon the established thalweg_profile, the slope of the new pipe was calculated to be 4.8%. Rock structures present in the streambed upstream of the existing pipe will be left in place in an effort to prevent headcutting from the installation of the new pipe. The minimum amount of riprap necessary for structure stabilization will be used and only pp to the average high water mark: seedin straw will be used for stabilization above the average high water mark. VIIL 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. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse erects 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 NCWRP 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/strmgide.html. Page 5 of 8 .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. HVIPACTS < 150 FEET: MITIGATION NOT ANTICIPATED 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at Wp: /h2o.enr.state.nc.M§/m Andex.htm. If use of the NCWRP is proposed, please check the appropriate box on page three 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 of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? 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 El No 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 (DWQ Only) 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 Page 6 of 8 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. XL XH. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify, )? Yes ? No ® If you answered "yes", provide the following information: Identify the mitigation is multipliers. square feet and acreage of impact to each zone of the riparian buffers. If buffer required calculate the required amount of mitigation by applying the buffer Zone* Impact uate feet Multiplier Required Mitigation 1 3 2 1.5 Total • Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. NA Stormwater (DWQ Only) Describe impervious acreage (both 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. No additional impervious surface is Qroyosed in this project. Sewage Disposal (DWQ Only) 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. NA X11L Violations (DWQ Only) 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 Page 7 of 8 XIV. 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). NA Q ®r Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Upstream of existing pipe Existing pipe inlet Downstream of existing pipe Existing pipe outlet wvv? 5 S? Peo Pos(--) C64sS. Z i/??LriP z- Pia ?s ?? C?,ue 2 G? tfG?? e?uritL Tg EG, ijo. /?otuE/L POLE ? 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Yes No ?f r r r? ? r? ? r? Yes No Is a Hazardous Spill Basin Required? r- r? Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). log STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GovERNOR SECRETARY 040321 vV,E PA?NDS f 401 GROUP FE13 2 6 2004 MEMO TO: John Dorney, DENR, DWQ, 401/Wetlands Unit FROM: Trish Simon, Division 12 Environmental Supervisor / DATE: February 19, 2004 SUBJECT: Pre-construction Notifications (:' 14 Ll7Y SECTiO N Enclosed for your review are courtesy copies of two pre-construction notification permit applications for NCDOT projects in Iredell County and Alexander County. is Post Office Box 47 Shelby, North Carolina 28151-0047