Loading...
HomeMy WebLinkAbout20071470 Ver 2_Application_201004144 I I 0 STATE OF NORTH CAROLINA TURNPIKE AvTmRITY I4. O °?.?? <c D N •'O 9q , BEVERLY E. PERDUE 1578 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1578 DAVID W. JOYNER GOVERNOR EXECUTIVE DIRECTOR April 13, 2010 US Army Corps of Engineers Regional Field Office 3331 Heritage Trade Drive, Suite 105 - Wake Forest, NC 27587 Attn: Mr.EricAlsmeyer NCDOT Coordinator, Division 5 Subject: Application for Modification to Section 4041ndividual Permit, Section 401 Major WQC Application for Jordan Lake Buffer Authorization (Permit Site 31) Western Wake Freeway from NC 55 at SR 1172 (Old Smithfield Road) to NC 55 near SR 1630 (Alston Avenue), Wake County, Federal Aid No. BRSTP-OOOS(491), State Project No. 6.408006T, Division 5, TIP R-2635, WBS Element 35520.1.TA1. USACE Permit Action ID No. SAW-2007-02903-292, issued April 22, 2008. NCDWQ Section 401 Major WQC Project No. 2007-71470, issued March 17, 2008 The North Carolina Turnpike Authority (NCTA), in coordination with the North Carolina Department of Transportation (NCDOT), is currently constructing a 12.6- mile long, new location roadway (Western Wake Freeway) on the western side of Wake County, North Carolina. The NCTA submitted an Individual Section 404 (of the Clean Water Act) Permit Application to the U.S. Army Corps of Engineers (USACE) for the subject project on August 30, 2007. On April 22, 2008, the Section 404 Permit was issued by the USACE (Action ID No. SAW-2007-0293-292). The Section 401 Individual Certification was issued by the North Carolina Division of Water Quality (DWQ) on March 17, 2008 (NCDWQ Project No. 2007-71470). Please find attached the vicinity map and updated drawings. The attached permit drawings are based on the final design approach for the project. A copy of the Final Record Drawings will be provided to the agencies at the completion of construction. The purpose of this submittal is to request a modification to the Section 404 and 401 permits for Section C and to request a Jordan Lake Buffer Authorization (Section C, NORTH CAROLINA TURNPIKE AUTHORITY TELEPHONE: 919-571-3000 FAX: 919-571-3015 Permit Site 31). After the USACE and NCDWQ issued the Section 404/401 Individual Permit for Western Wake Freeway, the NCTA procured the services of Raleigh- Durham Roadbuilders' (RDR) to construct the proposed project. On behalf of NCTA and through the design build pursuit, RDR refined the original design of Section C to provide the best project value to NCTA. Since the time of the original permit application, the Jordan Lake buffer rules have come into effect, and these rules only affect new stream crossings, of which there is only one. The new site which is affected by buffer rules is Site 31 in Section C. For project design and constructability purposes, RDR has divided Section C into two sections: C1 and C2. This change results in the plan view reference number for the attached permit drawings for the permit modification being different from the original permit drawings. RDR has maintained the same numbering system of the permit impact site to ensure an 'easy' comparison between the original permitted impacts with the impacts for the proposed permit modification. Sites that are 'new' are noted in each table as applicable and justification for these impacts are included in this letter. The refined design does not compromise the NCTA's compliance with the existing permit conditions. The design refinement for Section C has been evaluated for compliance with avoidance and minimization criteria and is in compliance with all previous issues, including the following: • Protected species; • Aquatic life passage; • FEMA compliance; and, • Cultural resource. Section C is currently under construction. Raleigh-Durham Roadbuilders (RDR) has limited its work in Waters of the United States to comply with the authorized permits or the minimized impacts noted in this modification request. Based on our anticipated schedule, construction for Sections A and B would commence in 2010. The 4B meeting for Sections A and B was held in October 2009, and the 4C meeting was held February 24, 2010. Summary of Changes to jurisdictional Impacts The original permit for Western Wake Freeway included the preliminary design for Sections A and B and final design for Section C. As noted previously during the project's design build pursuit, RDR made several refinements to the Section C project design to provide the best project value to the NC Turnpike Authority. These changes included: • Refined interchange layout at NC 540/Green Level Road; • Refined interchange at NC 540/US 64 such that NC 540 goes over US 64 instead of under as originally designed; and, • Refinements to roadway layout to balance fill and cut areas. 2 These changes resulted in several wetland impacts now being counted as permanent fill instead of excavation. These refinements affect Sites 3 through 8. Table 1 summarizes the overall impact changes that have occurred within Section C since issuance of the Section 404/401 permits for Western Wake Freeway. Table 1. Overall Impact Changes to jurisdictional Areas in Section C Original Wetland Impact 11.26 acres Modified Total Wetland Impacts 11.39 acres Change in Impact Totals for Wetlands 0.13 acres Original Stream Impact 6,931 feet Modified Total Stream Impacts 6,997 feet Change in Impact Totals for Streams 66 feet Note: Although there is a greater amount of stream impact, there is actually 42 feet less of streams requiring mitigation as Site 31 does not require mitigation. Table 2 summarizes changes at each permit impact site in Section C for permanent impacts to wetlands, including fill, excavation and mechanized clearing. Based on these impacts, and that the stream is 108 feet, the impact to the Jordan Buffer is allowable and no mitigation will be required because these impacts are below the threshold of 150 feet and 0.33 acres. Compensatory Mitigation The North Carolina Ecosystem Enhancement Program accepted responsibility to implement compensatory mitigation on behalf of the NCTA for Western Wake Freeway. All of the permit sites in Section C are located in the Hydrologic Unit Code 03030002, and all impacts to wetlands are considered to be riparian. Based on the changes to impacts to Waters of the US, there is an increase in requirements to NCTA's compensatory mitigation (0.07 acres) for wetlands. It is anticipated that this mitigation need can be used from excess mitigation in Section B. Table 4 summaries stream mitigation compared for sites under the existing permit and those sites under the requested modification. T ,tile A rhn.."Pc in rmmnPncntnrv Mitigation for Streams -Section C Site No. Section C Reference (Original Permit) Impact Amount Requiring Mitigation ft (Modification Request) Impact Amount Requiring Mitigation ft Impact Change Requiring _.Mitigation ft 3 Cl 1,411 1,333 -78 11 C1 504 349 -155 15 C2 547 654 107 16 C2 498 495 -3 17 C2 547 550 3 19 C2 143 135 -8 22 C2 473 482 9 23 C2 546 518 -28 24 C2 172 521 349 26 C2 30 30 0 30 C1 117 104 -13 Total 4,988 5,171 183 The change is due to the impacts associated with Site 11 and 24. 8 REGULATORY APPROVALS Application is hereby made for the modification of the Section 404 Individual Permit from the USACE as well as the 401 Water Quality Certification for the project. Additionally, with to the addition of Site 31 in Section which is subject to the Jordan Lake buffer rules, the North Carolina Turnpike Authority requests that this site's impact be authorized under a Jordan Lake buffer authorization. Thank you for your assistance with this project. If you have any questions or need any additional information about this project, please contact Steve DeWitt at (919) 571-3000. Sincerely, Steve DeWitt, P.E., Chief Engineer North Carolina Turnpike Authority cc: Mr. Shannon Sweitzer, P.E., NCTA Director of Construction Ms. Jennifer Harris, P.E., NCTA Environmental Engineer Mr. Brian Wrenn, NCDWQ Mr. Travis Wilson, NCWRC Ms. Jennifer Derby, USEPA Mr. Clarence W. Coleman, P.E., FHWA Mr. Gary Jordan, USFWS Ms. Anne Deaton, NCDMF Mr. J. Wally Bowman, P.E., NCDOT Division 5 Engineer Mr. Chris Murray, NCDOT Division 5 Environmental Officer Mr. Phil Harris, P.E., NCDOT Natural Environment Unit Mr. Scott McLendon, USACE, Wilmington Ms. Beth Harmon, EEP 9 APPENDIX 1 Wetland Data Form Permit Site 31 in Section C Western Wake Freeway (TIP No. R-2635C) Page 1 of 3 Appendix 1- Wetland Data form for Site 31 April 2010 WF ° W(( DATA FORM ROUTINE WETLAND DETERMINATION (1987-COE Wetlands Determination Manual) Project/$Ito: Uzs+er,. N 0. G rr,.zio+4 AppileantfOwnor', /J6r14, CA,•dL a 7, r7 .- ?J Investigator: Of ,.1h Date: -> /19 6 61A County: 6uaG_c State:, !VG Do normal circumstances exist on the site? Yes Is the alto significantly disturbed (Atypical situation)? Yes Is the area a potential problem Oren? Yes (explain on royerse If needed) ? No ^ No7 _ No Community ID: VJ It Transact ID: Plot ID: VEGETATION po,nlnant Plant Species Stratum dlatar Dominant Plantaneolos stratum Indicator 1.ilrnijafr 7?•. trinc5 ? F/IG 21- . ) . L?rrutar_se ,?11r?Jz, 2 F'L? x° 10. 3. ll? r4br..,? „}`rc . ? PA <- _ 11. 2.c;/14 4r•:L(n, b 51 . F! cJ ' Yo 12.. ? .,*t(ssA s ya YGL. (l.ln<l? d•rc? 5 FAL tc, .13. _ 5• L:f.Al1L,\fffLK I'YI• r)F`e?. rG r-tic a5 14. , 7. P)A s +Aoel4 GL r-4e s 15. 6. I _ . le Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 7 7A Remarks: Wetland Vegetation Present Based Upon Greater than 5015 of the Plait Species are/nre not Classified as FAC-OBLIn the National List of Plant Species that Occur In Wetlands, Semple plot was taken... 1) :s Llrra er(•:G%?r S h;e' Ue3e- dl:ar? HYDROLOGY _ Recorded Data* (Describe In Remarks): Wetland Hydrology Indicatora _ Stream, Lake, or Tide Gauge Aerial Photographs J Primary Indicators: Other _Inundated - V Satumtsd in Upper 12" >< No Recorded Data Available Water Marks v Odit Lines Field Observations: . Sediment Deposits Drainage Patterns In Wetlands Depth of Surface Water: hale (In,) Secondary Indicators: Depth to Free Water III Pit: ?_QIL) O:tldtzed Roots Channels In Upper 12" Water•Stalnod Leaves • _-_, Local Soil Survey Data Depth to Saturated Soil: (In,) = FAC-Neutral Test Other (Explain In Remarks) Remarks: // ...f rk r4 ? G[!4•, or4f? aft ?. [?/w(-?.),? r--? ?Nf?•s'?e? j 4 bik) F- W l SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Typo? Yes,_, No_ Profile Desorinlfon: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Orison (MUnsoll Holed (Idun sell M0130 AbundaneelContrast Stritoturo, ato. Q ••3 A 7-5,yk 312 NA A/R IOA,v 7. S YR q1 N^. _ Nh Snod le, I > -IS ").;r YR sl d I?A VA ?enh Y Sn ,P ' Hydric Soil Indloatore: ..-.Histosol ,-Concretions Histfe Epipedon .-,High Organic Content In Surface Layer in Sandy Solis _Suiffdic Odor - -Organic Streaking In Sandy Solis _Aquic Moisture Regime _Listed On Local Hydric Solis List Reducing Conditions -Listed on National Hydric Solis List ?Gloyod-or Low•Chroma Colors -Other (Explain In Remarks) Remarks: Ta ";s ssf?.2 ¢f n rar:,?ti scn.7 o`ailu' PP t! 3 A-f- y ve r• 6 Y.Q.1.«L' robf- o%nhh•?(S' ?. ?Fin:h i6 :s...G..-J• ?i..-.. s'u?T'i.c._ WETLAND DETERMINATION Hydrophytie Vegetation Present? Yos ? No- Is the Sampling Point Watland.Hydrology Prosont? Yes ? No Within a Wetland? Yes[ No_ Hydric Solis Present? Yes-ve' No_ Remarks: Location (describe)s s not classified as a wetland based upon thecriterla set forth in the 1987 Army Corps ofBngiuee//rs Wetlands aliueation Manual. L SCj1,4V9 hC ?CJi./L7`. f /OC1(s? ??% 1N?'LI?M1G(? APPENDIX 2 Construction Information Related to Moving Colonial Gasline Company Lines 22, 23 and 24 Western Wake Freeway (TIP No. R-2635C) Page 1 ot3 Appendix 2 - Colonial Gas Line Construction April 2010 The temporary disturbance associated with removing the existing CPC pipelines is approximately 53 linear feet of one unnamed perennial stream (Photograph No. 1), a confined 189 linear feet of two unnamed intermittent streams (Photograph Nos. 2- 3) and approximately 0.01-acre of wetland (Photograph 4). The construction of the new CPC pipelines will temporarily disturb 64 linear feet of the perennial stream and 70 linear feet of one intermittent stream and 0.01-acre of one wetland (Photograph Nos. 5-7, Figure 2). To minimize sedimentation to the intermittent streams during the pipeline installation and subsequent removal activities, if flowing during the proposed work, temporary dams will be constructed at each end of the maintenance area and the stream (low will be pumped around the maintenance area at each site. The dams will be constructed of sandbags or other suitable material, and the pump capacity will be able to sufficiently accommodate the stream flow. The pumps will be installed above the upstream dam with the discharge line routed through the maintenance area, discharging immediately downstream of the downstream dam (Appendix A). Within the perennial stream, CPC will use a steel pipe flume to convey the stream flow through the reach of stream to be disturbed. The flume will be used to maintain flow to the downstream side of the disturbed area, and the excavation will be carried out under the flume (Appendix B). Both techniques allow the maintenance to take place without contact to flowing water (i.e., "in the dry'), thus reducing downstream sedimentation. At the location the new pipelines cross the perennial stream, the soils must meet minimum compaction standards; therefore, the temporary flume pipe will be left in place until the stream is re-routed as indicated in the NCTA permit application dated April 22, 2008 With respect to the wetland that will be disturbed during the activity, equipment will be operated either from adjacent uplands or from prefabricated timber mats Western Wake Freeway (TIP No. R-2635C) Page 2 of 3 Appendix 2 -Colonial Gas Line Construction April 2010 and stabilization will be conducted immediately following completion of the activity. All excavated soils will be temporarily stored on adjacent upland areas until backfilling of the excavation area. Topsoil will be segregated and stored separately (Appendix C). Measures will be taken to avoid any hydrology alteration and existing contours will be restored. During the pipeline and ROW removal / relocation and subsequent stabilization CPC's Soil Erosion and Sedimentation Control Plan will be implemented to protect the streams and wetland from sedimentation (Appendix D). CPC will utilize temporary workspace on each side of the existing and proposed ROW's; However, these areas are located outside of all jurisdictional water boundaries. Western Wake Free%vay (TIP No. R-2635C) Page 3 of 3 Appendix 2 - Colonial Gas Line Construction April 2010 e71dsting 21 Colonial Pipeline Company-Pipeline Relocation PlcNnr taken FeMaary U &25,2010 Liner 22-24-Wake Cmm% YA WECPMJrcl No. 02-041901 Colonlal Plpellne Company-Pipeline Reim lion Pictures taken Febtuary If & 25, 2010 Unes 22-14-Wake County, VA )V6CPmjml No. 02-041901