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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
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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