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HomeMy WebLinkAbout20130472 Ver 2_Application_20130725J J v v e ;, STATE OF NORTH CAROLINA � 6 61 `.: kiF lq- zO J3 r �4 ?j�sq�os ��Qu�C /ry �q DEPARTMENT OF TRANSPORTATION TFReR;vcy PAT L. MCCRORY GOVERNOR July 25, 2013 Wilmington Regulatory Field Office US Army Corp. of Engineers 69 Darlington Avenue Wilmington, NC 28403 ATTN: Brad Shaver NCDOT Coordinator Dear Sir: ANTHONY J. TATA SECRETARY 13_0 �4'IZd.2 Subject: Application for Section 404 Nationwide Permit 6 and Section 401 Water Quality Certification for the proposed installation of a non - production drilled pier foundation to complete static axial load testing prior to the proposed replacement of the US 17- 74 -76/NC 133 bridge over the Brunswick River, Brunswick County. Federal Aid Project No. NHS - 0017(68); TIP No. R -3601. Reference: R -3601 Nationwide Permit 23 application, submitted May 1, 2013 ' Please find enclosed a Pre - Construction Notification (PCN) form and drawing for the above referenced activity. The North Carolina Department of Transportation ( NCDOT) proposes to complete Osterberg cell load testing on a non - production drilled pier foundation for the replacement bridge over the Brunswick River as part of project R -3601. This pier will be placed at a non -bent location and removed down to the existing riverbed after approximately three months. All impacts related to the test pier will be contained within a 10 foot diameter area (78.5 square feet). The proposed design -build let date for this project is November 19, 2013, which means that the project can commence by that date if all permits have been received. Regulatory Approvals Section 404 Permit: The NCDOT requests that these activities be authorized by a Nationwide Permit 6. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699 -1548 TELEPHONE 919 - 707 -6000 FAX 919 - 212 -5785 WEBSITE' WWW NCDOT ORG LOCATION: CENTURY CENTER BUILDING B 1020 BIRCH RIDGE DR RALEIGH, NC 27610 Section 401 Permit: We anticipate 401 General Certification number 3883-will apply to this project. All general conditions of the Water Quality Certification will be met; therefore no written concurrence is requested. A copy of this permit application will be posted on the NCDOT Website at: https://connect.ncdot.gov/resources/Environmental/ Thank you for your assistance with this project. If you have any questions or need additional information, please contact Amy James at aejames2 @ncdot.gov or (919) 707 - 6129. Sincerely Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Unit cc: NCDOT Permit Application Standard Distribution List v Office Use Only Corps action ID no DWQ project no Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 6 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ-401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ❑ No 2. Project Information 2a. Name of project: Installation of drilled pier for static axial load test (Osterberg cell method) 2b. County: Brunswick 2c. Nearest municipality / town: Leland 2d. Subdivision name: not applicable 2e. NCDOT only, T.I.P. or state project no: R -3601 3. Owner Information 3a Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. not applicable 3c. Responsible Party (for LLC if applicable): not applicable 3d. Street address 1598 Mail Service Center 3e. City, state, zip: Raleigh, NC 27699 -1598 3f. Telephone no : (919) 707 -6129 3g. Fax no.: (919) 212 -5785 3h. Email address: aejames2 @ncdot.gov 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify. 4b. Name: not applicable 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: not applicable 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): not applicable 1 b. Site coordinates (in decimal degrees): Latitude: 34.234246 Longitude: - 77.986229 (DD DDDDDD) (- DD.DDDDDD) 1c. Property size: 71 acres (entire project) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Brunswick River proposed project: 2b. Water Quality Classification of nearest receiving water: Sc 2c. River basin- Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: In the vicinity of the Brunswick River bridge, most of the land is either undeveloped marsh land or residential development. 3b. List the total estimated acreage of all existing wetlands on the property: 129.5 (entire project) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,155 (entire project) 3d. Explain the purpose of the proposed project: To complete static axial load testing (Osterberg cell method) in preparation for replacing the existing bridges over the Brunswick River. 3e. Describe the overall project in detail, including the type of equipment to be used: A non - production drilled pier will be placed at a non -bent location in the river and removed after approximately three months. Test drilled pier construction procedures will match those proposed for production drilled piers, so installation will likely involve a vibratory hammer, cranes, and other bridge building equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): NCDOT (Amy James) Other. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A preliminary JD was received for this part of the project on October 6, 2008. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A nationwide 23 permit application for the entire R -3601 project was submitted on May 1, 2013. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply), ❑ Wetlands ❑ Streams - tributaries ❑ Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Site 1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ Site 2 ❑ P'❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ Site 3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ Site 4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ Site 5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ Site 6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts X Permanent X Temporary 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of Average Impact length number - (PER) or jurisdiction stream (linear feet) Permanent (P) or intermittent (Corps - 404, 10 width Temporary (T) (INT)? DWQ — non -404, (feet) other) Site 1 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ Site 2 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ Site 3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Site 4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ ❑ PER ❑ Corps Site 5 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps Site 6 ❑ P ❑ T ❑ INT ❑ DWQ 3h. Total stream and tributary impacts X Perm X Temp 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number — waterbody Type of impact Waterbody type Area of impact (acres) Permanent (P) or (if applicable) Temporary T 01 ❑ P ®T Brunswick River Temporary fill Tributary <0.01 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 0.0 Permanent <0.01 Temporary 4g. Comments: 10 ft. diameter (78.5 sq. ft ) 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Excavat Flooded Filled ed Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1 ❑P ❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The test pier will be removed to the existing riverbed; reflective material will be used on that part of the pier above the waterline so that navigation will not be impeded. 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques NCDOT is negotiating with the National Marine Fisheries Service, NC Wildlife Resources Commission, and NC Division of Marine Fisheries to determine an appropriate in -water work moratorium for the proposed activity. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No If no, explain: The activity is temporary. 2b. If yes, mitigation is required by (check all that apply). ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: not applicable _7Quantity 3b. Credits Purchased (attach receipt and letter) Type 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h. Comments. E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If not, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why- This activity is covered under the SMP submitted as part of the R -3601 NW 23 permit application. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? not applicable ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ® Coastal counties 4a Which of the following state - implemented stormwater management programs apply ❑ HQW (check all that apply): ❑ ORW ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No N/A 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No N/A F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered `yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ® Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes additional development, which could impact nearby downstream water quality? ® No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This activity is both temporary and part of a larger project that was determined not to significantly impact future development in the vicinity (see R -3601 NW 23 permit application). 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. not applicable F 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ® Raleigh 5c. If yes, ind icate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See R -3601 NW 23 permit application. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS County Index 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NEPA Documentation 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: NCDOT Hydraulics Unit coordination with FEMA 8c. What source(s) did you use to make the floodplain determination? FEMA Maps 1 �' Dr. Gregory J. Thorpe, Ph D �A Date Applicant/Agent's Printed Name plican Agent's Signature (Agent's signature i alid only if an authorization letter from the applicant is rovided 11