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Home My WebLink About20070986 Ver 1_Application_20070606~~ ,r;e~e'~ ti~~ ,.~.., Y. 4 Y . /~/A' '' ~ Y, /~ + R / ~S P ~ _ - ,~ ,u; '@ ~;:. ~• '~j.~y~ ~ tic.; ~, .~~. :.Y'rn ~~ ~/ STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDO TIPPETT SECRETARY May 24, 2007 U.S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, N.C. 27889-1000 Attention: Bill Biddlecome 070986 Subject: Request for a NW 3 permit for pipe replacements on SR 1218 in Currituck County. The North Carolina Department of Transportation is requesting a NW 3 permit for pipe replacement on SR 1218 (Northwest Backwoods Road) in Currituck County along four sites. The sites are located approximately 0.38, 0.5, 0.63, and 3.20 miles from the intersection of SR 1218 and SR 1227 in unnamed tributaries to Guinea Mill Run Canal. Site 4 is an unnamed tributary to Northwest River. The current pipes will be replaced with the proposed pipes with riprap headwalls as shown on the permit drawings. The pipe replacements will result in a total of 25 feet of stream impacts and no wetland impacts. The pipes are longer to create wider shoulders for safer public travel. The pipes will be removed using NCDOT best management practices for pipe replacement. The PCN, vicinity map, and permit drawings are included with this letter. If you need any additional information or have any questions concerning this project please call me at 252-482-7977. Sincerely, Anthony Roper Division One Engin er Clay Willis G''~!~ Division One Env' nmental O~cer Cc: Garcy Ward, DWQ Sonia Gregory, DWQ N W E S Pipe Replacements on SR 121 (Northwest Backwoods Road) in Currituck County Located in the Pasquotank River Basin. 24 K Quad Name - Moyock. 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W so I ~~ ~ IZ ID ~ NO ~Z rm m h ~/ M ~ ~Q ~~ I ~ I m m~ v ~ O ,'J 1y o ~o y A I I m ~ p ~^ m ~ ~ g I c~ I~ m m ~ v s z °m °° h ~ Ia ° ~ _ C`j r_ v.~ M $ X lu ~ to ° z m v m~ '~'+ ~ ~ ~ ~ ;~ p O ~ h ~ y o ` ~ I N ~ ~ I I ~ I I ~ Z I lO ~ ° I ~ I ~ n ~ z iii ~ m y m m ~ ~ m I m I~_ ~ DnD ~~ N !~ ^i ~ ~ I$ I °' D mo m ~ ~ I ° ~ I n ~ ~ I a~ I ~ ~ ~ °" I b ' ~ r I ~ ~ 3 ~ I I I m ~ s e I ~vyJ ~ ~p ~~ a D m •" J _ I m ~ 'y D ~ ~ O (n ~ D Q C ~ m I O ~jr m oa ~ m n z oa v ~~ z ~ v m ~ ~ ~ , , I I '~+ ~ D ~ ~ b C v ~ ~ II b ~' ~ ~ m ! ~ ~ ~ Z ~ .. ~j ''y c ~ ~ ~ ~ m ~\ m o ~ ~ f . ~ M ~ _ ~ ~ ~ X vm / `1 D ~ ~ m ~ ~'1 ~ ai ~ ~ p -o ~ ~ y ~ ~ m y o m z ~ r~isE E- ~\y pppk pp~ d ~~ p ~~ ~~ ~ ~$ ~ \\\ N o~ N ~ ~x~N N ~ y y ~ C~ __-- ---- ~ a n c n °0 ~ C~ b bd o ~ N~ ., z ~ tj c$x _ _ ~~ n ~~~ ~ m ~ ~ o~~ w ~x~'° b n$c m ~~ ~ 0 ~~y~ o ~ ~ b Z ~ 'y X [/~ _ .r+ ~'+ m N o X ~ \ E V \ D Ol g -. , ~~ • ~ ~ D C n Z m -Di O N D C n ~ m m z o z v 3 -o < O n < -~ I b b y ~~ z z 4 Q7 y ~, ~ -i n O O x = ~ ~ o ~~ o ~~ ,~ ~ D II ,~ cu O o Z 00 _m m ~O n 4p w `2~ W WO 0 -~Z ~ IO Z b S< ~ n O ,~ m.a 1 o ~ ~Z ~ Z O I~ ~ m ~ ~z ~ v O 3 Z'9 pm O p m ~~ O m c~7 ~ ~ ~ Dp m 0 m o m o T .D ~ ~ m I D ~ my , , S i a ~o N ~ 1 ~ m! ~ m~ ( j ~ ~ v O ~ . ,, '' ® om ~ ~~ O m O v Z _v~ ~ n ,' to p m x m~ I~ Z r/ ~x\ ~p Q ~ ~ ~ ~~ N ,~ T ~ A ~ ~ y o 70 I ~ ~ ~ I ~' h ~ O ~r m m o ~ ~ O ~ rr`` , ~ m v i g ~ v~ ' ` J A O Ir ~ t j~ x° ~ ~ ~ ~~ m ,~ I ~ O y ~ 0 D m n o ~ ~ I ~ o _~ ~ v m N IX I~ ~ ~~ ~ ~ o x ~ ~~ ~ n im ~ r ~X ~p r` r IN to v °° D n '" V ~ -DI D ~ ~ ?' ~ n ~~ ;g y m r m m z o z ~~ ° 0 ~~, ~ 0o n ~ ~o m D ' $o ~ ~ ~ n G ~ ~ m ~ vy II b r" ~ C cn m ~ X °~ ~~ ~ ~ Z ~ 3` m F ~ ~ ~ z : ~~ r ~ 0 O y o o ~ 0 M ~ W /` ~'CC m ~ ~ _ ~ ~ ~ m D2A o = v = D 'D m ~m~ O O ~°F ~ ~~ y ' 'C o z Office Use Only: ~ ~ 0 7 ~ FAnn~Ver~ion March OS USACE Action ID No. DWQ No. 1 t,1 ~j (If any particular 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: NW 3 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 Program (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: Clav Willis. NCDOT Division 1 Environmental Officer Mailing Address: 113 Airport Drive Suite 100 Edenton NC 27932 Telephone Number:. (252) 482-7977 Fax Number: (252) 482-8722 E-mail Address: tcwillis 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: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Updated 1 I /1 /2005 Page 5 of 13 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 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: SR 1218 (Northwest Backwoods Road) Pipe Replacements, Currituck County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Currituck Nearest Town: Moyock Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From Moyock, take SR 1227 (South Mills Road) north toward South Mills for approximately 3.8 miles. Turn ri~llt onto SR 1218 (Northwest Backwoods Road). From here, the pipes are located 0.38, 0.50, 0.63, and 3.20 miles . 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 distinct waterbody.) Decimal Degrees (6 digits minimum): Site 1 36.5169490°N 76.2404651 °W Site 2 36.5183549 °N 76.2416853 °W Site 3 36.5196886 °N 76.2432009 °W Site 4 36.5498513 °N 76.2358653 °W 6. Property size (acres): 2.5 acres 7. Name of nearest receiving body of water: Unnamed tributary to Guinea Mill Run Canal 8. River Basin: Pasquotank River Basin (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/.) Updated 11/1/2005 Page 6 of 13 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: woodlands rural, residential 10. Describe the overall project in detail, including the type of equipment to be used: Replace the existingpipes at four locations The existing_pipe at Site 1 (41' x 62" x 40" CAAP will be replaced with the proposed pipe (50' X 60" X 46" CAAP) with riprap headwalls on both ends on its current alignment. The existing_pipe at Site 2 (41' x 62" x 40" CAAP) will be replaced with the proposed pip~50' X 60" X 46" CAAP) with riprap headwalls on both ends on its current alignment. The existing pipe at Site 3 (53' x 72" x 50" CAAP) will be replaced with the proposed pip~60' X 84" X 46" CAP) with riprap headwalls on both ends on its current alig~unent The existing_pipe at Site 4 (76' x 62" x 42" CAAP) will be replaced with the proposed pipes (2 76' X 48" CAP with riprap headwalls on both ends on its current alignment The current pipe will be removed entire. Proper fill will be used to bring road to existing height. Heavy equipment used will be an excavator, backhoe, and dump trucks. 11. Explain the purpose of the proposed work: To replace structurally deficient pipes with new pies to enhance natural flow regimes and create wider shoulders for safer public travel at four locations. 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. None Updated 11/1!2005 Page7of13 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 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: This project will have 25 linear feet of stream impacts and no wetland impacts. 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. N/A Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: None 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 acreasie, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) Unnamed tributary Site 1 to Guinea Mill Fill Perennial 4-6 Feet 9 feet 0.001 Creek Canal Unnamed tributary Site 2 to Guinea Mill Fill Perennial 4-6 Feet 9 Feet 0.001 Creek Canal Updated 11/1/2005 Page8of13 Site 3 Unnamed tributary to Guinea Mill Creek Canal Fill Perennial 4-6 Feet 7 Feet 0.001 Total Stream Impact (by length and acreage) 25 Feet 0.003 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 fill. excavation, dredein~, flooding, drainage, bulkheads, etc. None Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): 0.003 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 25 Feet 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 N/A 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Updated 11/1/2005 Page 9 of 13 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. Pipe replacement is going to stay on the existing alignment and traffic will be detoured around the site by an offsite detour. This will reduce temporary impacts to the streams by not using an on-site detour and keeping, the road open. The proposed pipes are longer to create wider shoulders for safer public travel and wider to return the stream to natural flow regimes. 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.em-.state.nc.us/ncwetlands/stnngide.html. 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 Updated 11/1/2005 Page 10 of 13 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 additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 Updated 11/1/2005 Page 11 of 13 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 multi Tiers. * Impact Required Zone ,_______ ~__~, Multiplier ,,,~;,;~-~;~„ 1 3 (2 for Catawba) 2 1.5 Total * 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 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. XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious acreage will remain the same. 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. There is no sewage disposal associated with this project. 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 anafter-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: Updated 11/1/2005 Page 12 of 13 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). ~ ~i/ Applicant/Agent's Si a ate (Agent's signature is valid only if n authorization letter from the applicant is provided.) Updated 11/1/2005 Page 13 of 13