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HomeMy WebLinkAbout20110391 Ver 1_Application_20110427 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR April 1, 2011 U.S. Army Corps of Engineers Wilmington Regulatory Field Office iP.O. Box 1890 !Wilmington, North Carolina 28402-1890 ATTN Dear Sir: Subject: Mr. Ronnie Smith NCDOT Coordinator -4, 7 D 4*0ST?7'ylY- A Eugene A. Conti, SECRETARY 110 3 9 1 Notification for Nationwide Permit 14 (Minor Road Crossing) NCDENR 401 WQC 3820 Culvert Replacement SR-2170 (Peacock Rd) Hamett County State Project Number: 6C.043087 The North Carolina Department of Transportation (NCDOT) has scheduled to clear, grade, drain, base and pave SR-2170, Harnett County. Total project length is 0.27 miles. The roadway will be widened from 30 feet maintenance limits to 60 foot Right of Way with a paved roadway section of 20 feet with stabilized grass shoulders of 6 foot will be provided. This project will require the replacement of one (1) wet cross line as shown below: crossing Roadway Station Existing Culvert Proposed Culvert Permit site #1 Sta. 4+ 30 48 LF 12" RCP 72 LF 24" RCP New Stream Impacts = 24 linear feet Construction of this project will require impacts to the waters of the United States in the Cape Fear River Basin. Permit site 41 conveys drainage to Buffalo Lakes (Class Q. The project is located within the 03030004 Hydrologic Unit, sub basin 03-06-14. 1 SR-2170 serves as a private road for mainly retired persons that border Carolina Lakes Golf Course. The current road way width is 15 feet within 30 foot maintenance limits. NCDOT proposes to expand SR-2170 out to a 20 foot paved roadway with 6 foot grassed shoulders in a 60 foot Right of Way, which is the typical section for NCDOT secondary roads. SR-2170 Peacock Rd is being paved in conjunction with an adjoining road, Mallard Rd. Mallard Rd is situated entirely in uplands and no permits are required for its construction. These two roads combined bring the total project length to 0.65 miles. P. O. Box 1150, Fayetteville, NC 28302-1150 -Tel ep hone (910) 437-0207- Fax (910) 486-1959 Permit Site #1 is located at (Sta. 4+30). The current culvert is 48 LF 12" RCP, NCDOT proposes to increase to a 72 LF 24" RCP. This stream starts as an underground spring, which is encircled by a concrete culvert placed vertically in the ground. The origin is roughly 30 feet from the edge of the existing road bed. Upstream stream width is approximately 1 foot wide. i Downstream the stream flattens and widens out to 2.5 feet, with adjacent floodplain banks of up to 6 feet in width. Vegetation in this area is Tulip tree, Wax myrtle, Giant cane and Chinese Privet. RESOURCESTATUS In general, there will be minor impacts proposed as a result of the replacement of the culvert along SR-2170 (Peacock Rd.) in Harnett County. This culvert site has undergone human (manipulation. A Nationwide Permit #14 / NCDENR 401 WQC 3820 is required for the project. Endangered Species: Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered (Species Act of 1973, as amended. As of September 22, 2010; the U.S. Fish and Wildlife Service 'lists four federally protected species for Harnett County. Federally Protected Species for Harnett County SCIENTIFIC NAME COMMON NAME STATUS Haliaeetus leucocepholus Bald Eagle 130PA Picoides borealis Red-cockaded woodpecker E Notropis mekistrocholas Cape Fear Shiner E Lysimachia asperulaefolio Rough-leaved loosestrife E "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). T(S/A)- Threatened due to similarity of appearance, a species that is threatened Due to similarity of appearance with other rare species and is listed for its Protection. These species are not biologically endangered or threatened and Are not subject to Section 7 consultation. A biological conclusion of "No Effect" was reached for all species during the February 14, 2011 survey for protected species. Protected species were not identified, nor, was the general habitat for each species identified. REGULATORY APPROVALS Application is hereby made for a Department of the Army Nationwide Permit 14 / NCDENR 401 WQC 3820 as required by the above-described activities. I The National Register was reviewed in addition to conducting a field view of the project for significant historic features. The project impacts are minor in nature and should not remove or degrade existing water quality uses. Pipe sizes proposed are the minimum necessary to create a safe highway while accommodating the 25-year design storm. There is no record within the NCDOT District 2 Office (Harnett County) that the road experiences flood overtopping. By utilizing the erosion control measures, downstream water quality standards will be protected. All appropriate BMP's will be utilized during construction. Attached is a Preconstruction Notification Form, plan sheets, marked county road map, quad location map and photographs. If you should have any questions, or need additional information please contact James J. Rerko, PWS at (910) 437-0207. J ' cerely, ? ? es J! Rerko, PWS ision 6 Environmental Officer ATTACHMENTS Cc: Brain Wren, Division of Water Quality (7 copies) Mason Herndon, Division of Water Quality (1 copy) Greg Bums, P.E., Division 6 Engineer o?oF W ArFg O Ne5? T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: l Section 404 Permit ? Section 10 Permit I 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 3820 1 c. Has the N WP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes N 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 ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: SR 2170- Peacock Rd 2b. County: Harnett County 2c. Nearest municipality / town: Spout Springs 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 6C.043087 3. Owner Information 3a. Name(s) on Recorded Deed: NA 3b. Deed Book and Page No. NA 3c. Responsible Party (for LLC i f applicable): NA 3d. Street address: NA 3e. City, state, zip: NA 3f. Telephone no., NA 3g. Fax no.: NA 3h. Email address: NA Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: Greg Burns, P.E./ NCDOT/Division 6 Engineer 4c. Busines s name (if applicable): NCDOT 4d. Street address: PO Box 1150 4e. City, state, zip: Fayetteville, NC 28302 4f. Telephone no.: (910) 486-1493 4g. Fax no.: (910) 486-1959 4h. Email address: gburns@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: James J. Rerko, PWS Sb. Business name (if applicable): NCDOT/ Division 6 Environmental Officer 5c. Street address: PO Box 1150 5d. City, state, zip: Fayetteville, NC 28302 5e. Telephone no.: (910) 437-0207x 26 5f. Fax no., (910) 486-1959 5g. Email address: jjrerko@ncdot.gov Page 2 of 11 PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA Latitude: 35.2955N 1b. Site coordinates (in decimal degrees): Longitude: - 79.0515W (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 1.96 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Buffalo Lakes proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Cape Fear 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: Existing 15 foot dirt road with maintenance limits 30 feet wide. Area is heavily wooded with homes buffering Buffalo Lakes. Toward the end of the project SR 2170 is in between homesites and Carolina Lakes Golf Course. 3b. List the total estimated acreage of all existing wetlands on the property: 0 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 24 linear feet 3d. Explain the purpose of the proposed project: By Statute, NCDOT is required to pave all unpaved secondary roads. To ensure that the roadway meets current safety standards, the road will be paved to a width of 20 feet. 6 foot grass shoulders will be installed on each side and 3:1 side slopes will be provided within the 60 foot right of way. 3e. Describe the overall project in detail, including the type of equipment to be used: Bring SR 2170 up to current safety standards, ie. 20 foot paving with 6 foot stabilized shoulders and 3:1 side slopes within a 60 foot right of way. Impacts will be minimized as much as possible. Front end loaders will place fill material. Eventually a motor grader will finish grade the project prior to paving. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past. Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: NA Name (if known): Other: NA 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 ? Yes ®No ? Unknown this project (including all prior phases) in the past? 51b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 61b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® 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. 21b. 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 NA ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2°e. Total wetland impacts 2h. Comments: NA 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 ®P ? T Culvert UT of Buffalo ® PER El Corps 2 5 ft 24 LF Lakes ? INT ® DWQ . S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? 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 24 LF 3i. Comments: NA Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T NA 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0 4g. Comments: NA 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 NA P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ?Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 61b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T NA ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. SR 2170 is a secondary road going through uplands. The pipe has been sized and widened in order to provide safe passage for the traveling public. NCDOT proposes to bring this secondary road up to current safety standards. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. SR 2170 does not currently meet the current safety standards, ie. 20 foot paved roadway with 6 foot stabilized grass shoulders. NCDOT proposes to improve SR 2170 to the minimum safe standard. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigat ion option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: 0 linear feet . 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® 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? NA % 2b . Does this project require a Stormwater Management Plan? ? Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: In ad greement with NCDQW and NCDLR, NCDOT has it's own individual NPDES Permit. SR 2170 is not located within a HWQ or OWR. 2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: ? Certified Local Government 2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NA ? Phase II ? NSW 3b . Which of the following locally-implemented stormwater management programs El 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): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 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? 1b. 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: NC Minimum Criteria Checklist 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)? 2b. 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. 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. Portable toilets will be located on site for construction members to utilize. Page 10 of 11 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? El Raleigh Sc . If yes, ind icate 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? USFWS Endangered Species website (list by county), Preliminary Ground Survey 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? USFWS website- http://www.fws.gov/nc-es/fish/fiish.html 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? National Register of Historic Places website 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: The addition of materials needed to bring SR 2170 up to standard will not degrade or alter existing drainage patterns or obstruct flood flows. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping website Greg Burris, P.E. March 14, 2011 Applicant/Agent's Printed Name ApplicanUAg s Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form -Version 1.3 December 10, 2008 Version Permit Site Impacts Stream Impact = 24 LF Wetland Impact = None in R/W Brian H. \ Buffalo \ Willson \ - Springs R LLC \ \ 1 Lester G. R \ Simmons \ 48 LF of \ Existing 12° RCP Flowline of Ditdi- SR217 Edge of Pavement Shoulder - Point N r y 'O w ^N j O 1 I ? • ? ST N?A •JT Buffalo 2a6? Springs ia LLC 0 72LF of Proposed 24" RCP Plan View of Existing Pipe / Proposed Construction Harnett County, NC SR 2170 - Peacock/Mallard Road - Permit Site #1 03/03/2011 Scale - 1 " = 60' sheet 1 of 2 C/) T N ?X O _. e r-r Cil CDD(p 0 0 WO -U 0 --1 W. (D 1 =0 = O Q XCD 0 Q WO yu n° O QO 1 -U co) 3 ?- O ;:i:Q Ind r+ (D 0 . OD G)Z iom ioc Q 21 0? om SOON CJl g(D Q 3 ? m000 =-5 UI <N? m Q m OW ci m `O- C31 A W r -n m o X. i N? 0 u OD _ CJe 7 :thl CD th? Em m to ? j (t] 11 0 W (D CD G)Z ?4C C Q - O CYI IV). O SO 6 (D O 6', C) C tU m N CD Q d m OM3- ?p o (D SR 2170- Peacock Rd- Harnett County r J ?? if r ?,_ ,? • ? r I ? "- ?•`? : i? ' ?• -At \; 'matt- I i?l? •i`?1...I,? '? ?? >? 11?1?' I-V Imo` 1 rl '? ?r I _ i i• I .!- tJ 0-4) r % Permit Site #1 > ° 4 ?i? +,r?• ?.,??(?Cj,,~? `''. ,"o` ?_ ?, ire 4 A"r 0 1,200 2,400 4,800 Feet 1 inch equals 2,000 feet