HomeMy WebLinkAbout20070443 Ver 1_More Info Received_20070607,+
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 1, 2007
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609 ~ ~ ~ ~ ~ J
Attention: Mr. Eric Alsmeyer `-'~
NCDOT Coordinator
Reference: NCDOT SR 1610 application, dated 03/08/07)
DWQ Project No. 20070443 (03/28/07)
Subject: Revision for permit Site 2 associated with secondary road improvements to
SR 1610 (Range Road) in Durham County. WBS element SC.032043.
The `clearing right-of--way' portion of the secondary road improvements to SR 1610
(Range Road) in Durham County is currently underway. Field conditions warranted
additional reviews of Site 2 because of drainage problems within the ditch lines. Upon
reevaluation of this site, it is apparent that no stream exists on the outlet of this cross line.
Investigation beyond the project limits revealed no defined channel, no evidence of an
aquatic bed or stream bank, and the leaf litter through this area remains intact. The
standing water (mistakenly called a perennial stream within the referenced application) is
actually just an old tail ditch. Therefore, to improve positive flow from this cross line,
NCDOT would like to extend this tail ditch into the woods to approximately 75 feet with
a base width of 3 ft and sides sloped to support vegetation (see attached drawing). There
will be no stream impacts, no dewatering, and no buffer impacts at Site 2.
As jurisdictional impacts at Site 2 will be less than originally reported, we do not
anticipate requiring a 401 WQC modification. However we are providing a revised
drawing and updated PCN for your records and to assist the USACE with their review of
this project. If you have any questions or need additional information, please contact Ms.
Heather Montague at (919)560-6081.
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: (919) 560-6081 Fax: (919) 560-3371
ti~
Sincerely, .
Y . W. Bowman, P.E.
Division Engineer
cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit
Ms. Tasha Johnson, NCDOT Dist 2 Engineer
Mr. Joe Ng, NCDOT Durham County Maintenance Engineer
Mr. Donald Pearson, NCDOT Roadside Env Field Ops
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Office Use Only: Fonn Version March OS
USACE Action ID No. DWQ No, ('l~l y~-1
(tt any part~cu-ar item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and 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 Ecosystem Enhancement Prol,~ram (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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
Owner/Applicant Information
Name: NCDOT Division 5 J.W. Bowman
Mailing Address: 2612 N. Duke St. Durham NC 27704
Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371
E-mail Address:___ wbowman(a~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 9
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 maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than I 1 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: U rading and paving SR 1610 (Ran eg Road) in Durham County.
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Roxboro Rd in
northeast Durham travel north on SR 1004 (Old Oxford Hwy) for approximately 8.7 mi.
Then make a left onto Cassam Road with T-intersects with Range Road on the beginning end
of the project.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a dist inct waterbody.)
Decimal Degrees (6 digits minimum): `
Site 1: 36.1815 °N 78.8068 "W
Site 2: 36.1871 °N 78.8239 "W
Site 3: 36.1980 °N 78.8239 "W
Site 4: 36.2352 °N 78.8261 °W
6. Property size (acres): 35 78 acre (Project is 4 92 mi long)
7. Name of nearest receiving body of water: UTs to the Rocky Crk Drv Crk and Camp Crk
8. River Basin: Neuse
(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 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Sites are surrounded by wooded areas and agriculture land.
10. Describe the overall project in detail, including the type of equipment to be used: Grade,
drain, pave, and erosion control at SR 1610 (Range Rd). The NCDOT will also dewater the
work sites during construction. Equipment may include excavator backhoe bulldozer
grader, and crane.
11. Explain the purpose of the proposed work: The project is part of the secondar repaving
program. The existing~gravel roadway will be paved with asphalt
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.
N/A
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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 maybe 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: Upp~rading the existin~~~ravel
roadway and associated right-of-way clearing will impact wetlands at Site 2 and some
dewatering is required at Sites 1 and 4. Rip Rap armoring is proposed at all Sites.
Page 3 of 9
2. Individually list wetland. impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.)
Floodplain
.Stream
(acres)
( es/no) (linear feet)
Site 2 Fill herbaceous no over 300 ft 0.02
Total Wetland Impact (acres) 0.02
3. List the total acreage (estimated) of all existing wetlands on the property: 0.02 ac
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Im act (linear feet) (acres)
Site 1 RockytCrk Fill (piped length) perennial 3 NONE NONE
Rip rap armoring 10 0.0007
along stream bank
Temporary 10 0.0007
dewatering concurrent concurrent
Site 3 UT to Fill (piped length) perennial 4 NONE NONE
Dry Crk
Rip rap armoring 20 0.0018
along stream bank
Temporary NONE NONE
dewatering
Site 4 Fill (piped length) perennial 2 NONE NONE
Camp Crk
Rip rap armoring 20 0.0009
along stream bank
Temporary 20 0.0009
dewatering concurrent concurrent
Total Stream Impact (by length and acreage) 50 0.0034
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
till, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
~
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma
(
P) ocean, etc.
)
(acres)
N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0.0034
Wetland Impact (acres): 0.02
Open Water Impact (acres): NONE
Total Im act to Waters of the U.S. (acres) 0.0234
Total Stream Im act (linear feet): 50
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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 '
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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 wetlands and surface
waters not affected by construction will be protected from unnecessarv encroachment during
construction. Strict enforcement of Best Management Practices for the protection of wetlands
Page 5 of 9
and surface waters will be enforced during construction. Only the smallest amount of fill
necessary to complete the project will be placed in waters of the United States or riparian
buffers.
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.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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.
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.
Unavoidable impacts to 0 02 acre of non-riverine wetlands will be mitigated (at a l:l ratio)
by providing 0 02 acre of restoration equivalent non-riverine wetlands within the same river
basin and cataloging.unit All compensatory mitigation requirements will be assimilated on a
quarterly basis and provided to the Ecosystem Enhancement Program (EEP) for their
acceptance with a copy provided to the USAGE for verification and accounting purposes.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
Page 6 of 9
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:~`/h2o.enr.state.nc.uslwrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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): 0.02 ac
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", 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.
Page 7 of 9
Site 1
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I .
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 409 3 (2 for Catawba) N/A
2 375 1.5 N/A
Total 784 N/A
Site 2
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba) N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular trom the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Site 3
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 400 3 (2 for Catawba) N/A
2 270 1.5 N/A
Total 670 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Site 4
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 354 3 (2 for Catawba) ~ N/A
2 256 1.5 N/A
Total 610 N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stortnwater
controls proposed in order to protect surface waters and wetlands downstream from the property.
Page 8 of 9
If percent impervious surface exceeds 20%, please provide calculations demonstrating total
proposed impervious level. There is 16.1 acre existing impervious surface (avg 27 foot wide
gravel road 4.92 mile project) of the 35.78 acre project size. The proposed impervious surface is
less with 11.9 acre (proposed 20 foot wide asphalt paved road, 4.92 mile project) of the 35.78
total project size. Erosion and sediment control devices along the project are comprised of
temporary rock silt checks temporary silt basins and temporary silt fence The temporary
structures will be removed once the vegetation has been established and then reseeded.
XII. 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.
Thispro~ect will not~enerate wastewater
XIII. 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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Upgrading SR 1610 will not result in additional development.
XV. 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).
~~ ~J~---
(c%~/off
VApplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9