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HomeMy WebLinkAbout20050334 Ver 1_Complete File_20050221.} r a?. 050334 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR December 08, 2004 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer, NCDOT Coordinator LYNDO TIPPETT SECRETARY OMpy Subject: Proposed dewatering for the removal of two existing culverts in association with TIP No. B-3013 (the replacement of Bridge No. 48 over Norfolk Southern Corp. tracks on US-501) in Person County. Federal Aid Project No. BRSTP-501 (4),` State Project No. 8.1380602. The North Carolina Department of Transportation (NCDOT) is currently constructing a bridge over Norfolk Southern Corp. tracks on US-501 in Person County. While equipment is onsite, NCDOT also proposes to remove two existing single barrel reinforced concrete box culverts (RCBC) conveying unnamed tributaries to Mitchell Creek in Person County (Figure 1 and Figure 2). These culverts are no longer necessary as they once facilitated an old roadbed that has now been abandoned. The removal of these structures will eliminate further maintenance responsibilities. Impacts to Waters of the United States Site 1 and 2 - Waters of the U.S. Culvert removal activities at each site will temporarily impact unnamed perennial tributaries to Mitchell Creek (NCDENR-DWQ Index No. 22-58-12-6-3), Best Usage Classification C (Figure 3) in the Roanoke River Basin. The existing RCBC at Site 1 is 80 feet long and the RCBC at Site 2 is 75 feet long. Each culvert will be completely removed. The NCDOT proposes to temporarily dewater the work zones during the removal of these structures. This will involve the temporary placement 'of impervious dikes (sandbags or sheet piling) in the creeks 10 feet upstream and 10 feet downstream of each culvert. Once the streams have been dwatered, the culverts will be removed. The work zones will be dewatered for approximately 2 days. Temporary impacts to the streams from this activity will result in the dewatering of 100 linear feet of stream for Site 1 and 95 linear feet at Site 2. The materials used for the impervious dikes will be removed once the culverts have been removed. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 Riparian Buffer Site 1 and 2 - Buffers The culvert removal activities involve streams that are not subject to any Riparian Buffer Rule as this activity is located within the Roanoke River Basin. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, there is one federally protected species listed for Person County: dwarf wedgemussel (Alasmidonta heterodon). The streams at these sites are perennial streams. However they are located within the Roanoke River Basin. No dwarf wedge mussels are known to exist within this river basin. Therefore, a Biological Conclusion of No Effect has been rendered for this species. Summary The NCDOT proposes to temporarily dewater the work zones during the removal of these structures. This will involve the temporary placement of impervious dikes (sandbags or sheet piling) in the creeks 10 feet upstream and 10 feet downstream of each culvert. Once the streams have been dwatered, the culverts will be removed. The work zones will be dewatered for approximately 2 days. Temporary impacts to the streams from this activity will result in the dewatering of 100 linear feet of stream for Site 1 and 95 linear feet at Site 2. The materials used for the impervious dikes will be removed once the culverts have been removed. The culvert removal activities involve streams that are not subject to any Riparian Buffer Rule as this activity is located within the Roanoke River Basin. Application is hereby made for a Department of the Army Section ' 404 Nationwide Permit (NWP) 33. Additionally, this application provides notification to the NCDWQ as Section 401 Water Quality Certification (WQC) No. 3366 will be utilized for the above mentioned activities. The NCDOT will comply with all applicable NWP and WQC conditions. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. 9 S' er ly, J n G. Nance, P.E. Division Engineer cc: Ms. Nicole Thomson, NCDWQ Mr. Travis Wilson, NCWRC Mr. Tracy Parrott, NCDOT Mr. Aaron Earwood, NCDOT >?? ?? ? I x 53 ,I"? ? ?-•?? l? ,.?° J,)` ? ?'tii ? - 1 j ;tom, t ?. 0 - t ? ??? ? -? I •? `} /??' '3? C/? -11 I, - ?. .-C ref 'Frame r 1! ^ . r Dis Norfolk ., ?y 3Sont? / r i C4. 172 l t Cem SITE 2 :> 14 Jones City . '4? t 1 j Pry r.? "'' ? V( m 1 ?n ?? J{\L 'I C ?V t! t j Boul? •, t . ?' ? . Lqq gnur?? l - 3 4r? ' n . Park' `"'` `..,?? \ ? r? /?? - ? try= pia-•?.i'.'.' • 598 _ • f + 56 AIN, Coovdaht (C) 1M. Maotech. Inc. Figure 1 1:24,000 }T a 1 FALSE C6 A (Not to Scale) v r RONT - ? i NOttf01 GfOUnd-?- ^' -C- Sr., "- r0 13+CO RT -L- STA. ao 0 a*PS AT SEE CAASS-5£CT,g s Nd ++1d s, t J ALMA H. WOODY O8 1 36 PC 3070 PC f9 PB 9 Gs JJj • . !L ? ? r 4 LTER E. FOX RIS G. FOX _ ', !f ShVJ 35 PC , 623L,??S..: ?.! .\ £x_rSr1Afa 1W c NEWELL AND SONS.INC. 08 266 PO 306 D8q PC 161 BEGIN STATE PROJECT B-3013 -L- POT Sta.11t00.O0 N 979.509.02! E 20!4545467 e to MV11TARCYCR) FR16 NEWELL AND SONS. INC. 306 O Pe OB w 266 PC PC 151 soon in0 sots 2D00 760 A? ASU 200 2% cm us NwY sm DOMICnoN us Nw1' so 3R 1309 BL-3 -L- POC Sta. 18+50. (4.24 RT) Office Use Only: 0 5 0 334 Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Jon Nance Mailing Address: NCDOT Division 5 2612 N. Duke St., Durham. NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance@dot.state.nc.us 2. Agent/Consultant 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 M. 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: complete removal of two existing reinforced concrete box culverts conveying unnamed tributaries to Mitchell Creek in association with replacement of Bridge No. 48 over Norfolk Southern Corporation tracks on US-501 in Person County. 2. T.I.P. Project Number or State Project Number (NCDOT Only):- B-3013; State Project # 8.1380602 3. Property Identification Number (Tax PIN): N/A 4. Location County: Person Nearest Town: Roxboro Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Durham, travel north on US 501 through Roxboro and then through the community of Cal-Vel. The project area is on 501 just north of Cavel-Chub Lake Road before reaching Woodsdale Road. 5. Site coordinates, if available (UTM or Lat/Long):36 4418860°N 78 9603747°W (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. Property size (acres): 0.1 ac approximate area encompassing both culverts) 7. Nearest body of water (stream/river/sound/ocean/lake): UTs Mitchell Creek 8. River Basin: Roanoke (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/maps//.) Page 2 of 8 ; 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is surrounded by residental and wooded areas with neighborhood roads and private driveways. 10. Describe the overall project in detail, including the type of equipment to be used: This permit application requests approval for the dewaterinZ associated with the removal of two existing reinforced concrete box culverts. Water flow in the stream will be halted by using impervious dikes (sandbags or sheet piling). After dewatering the stream, each culvert will be exposed, fractured, and removed. An excavator will be used to remove the debris and a hoe- ram will be used to reduce the size of the rubble for transport offsite. 11. Explain the purpose of the proposed work: The culverts are no longer necessary once facilitated an old roadbed that has now been abandoned. The removal of these structures will eliminate further maintenance responsibilities 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. N/A 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. VI. 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 Page 3 of 8 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. Provide a written description of the proposed impacts: The removal of the culverts will require the temporal dewatering_of unnamed tributaries to Mitchell Creek. 2. Individuall list wetland impacts below: 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*** N/A N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limit ed to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains 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 onlineathttp://www.fema.go . *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: NONE Total area of wetland impact proposed: NONE 3. Individ ually list all inte rmittent and perennial stream imp acts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma (linear feet Before Impact lease specitr) Site 1 Temporary 100 UT to Mitchell Creek 6' Perennial D Site 2 Temporary 95 UT to Mitchell Creek 6' Perennial " 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 (unnamed 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 ww%v.us&s.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.Igpozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site:195ft tenoM dewatering Page 4 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma * Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A ,.10t VQ%41 IlUpa%,L bCPdRuciy auu Iaenttty temporary impacts. impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A 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. All _surface waters not affected by this activity will be protected from unnecessary encroachment. Strict enforcement of Best Management Practices for the protection of surface waters will be enforced during the proposed activity. VIII. 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. Page 5 of 8 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 effects 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.htnil. 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 ? 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 (required by DWQ) 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 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .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 square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* sqImpact uare feet Multiplier Required 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. N/A Page 7 of 8 XI. Stormwater (required by DWQ) 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. N/A XH. Sewage Disposal (required by DWQ) 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 X [H. Violations (required by DWQ) 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 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). N/A ti A 'cant/Agent's Signature Date (Agent's gnature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8