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HomeMy WebLinkAbout20060364 Ver 3_Application_20070803DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 ~ Fax (910) 695-3317 To DMSION OF WATER QUALITY 401 WETLANDS UNIT 1650 MAIL SERVICE CENTER RALEIGH, NC 27699-1650 WE ARE SENDING YOU Attached Copy of letter Prints Reports Plans Photos Letter of Transmittal x ~~ UVI~ _ .o .QUG 3 2007 Maps Data ~,::~n ~ WP.'i Ffi ~3l!ALi i`r Permit ~ COPIES ~ DATE ~ # Pgs ( DESCRIPTION ~ 1 31 Jul 07 16 Nationwide No. 12 Permit Application THESE ARE TRANSMITTED For approval x For your use As requested For review and comment Approved as noted Approved as submitted Returned for corrections For your information a ~ a~~c~ a ~`" UEr1R _ WATER QUALITY +fVETU1NDS a`1D STOR!~A't'VATER BRANCH REMARKS: Courtesy copy for your review. Please contact me with any questions/ comments. COPY TO: SIGNED: If enclosures are not nosed, please contact us immediately Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting i DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax (910) 695-3317 31 July 2007 Ms. Jennifer Frye Wilmington Regulatory Field Office US Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 _~ ~~~ 3~~ Dear Ms. Frye: Enclosed is a permit application for the installation of utility poles in association with the relocation of a NC Highway 210 bridge over the Northeast Cape Fear River in Pender County, NC (T.I.P. B-4223) (see attached maps). This is an after-the-fact permit application. In general, 2 utility poles required support and stabilization in addition to what was anticipated in the project design. A single pole structure has impacted 0.002 acre of jurisdictional wetland and a double pole structure has impacted 0.005 acre of jurisdictional wetland. Total project impacts are 0.007 acre of jurisdictional wetland. Please review the enclosed permit application and contact me if you need any additional information. Thank you for your time. CC: NC Division of Water Quality - 401 Wetlands Unit Sincerely, ~. J nife~reeman ildlife Biologist Q~c~~od~ ~ AUG 3 _ 2007 DENR - WAl'ER G1~lAU + Y YVETIANDS ANO STOftNI#°jATER 8RMfCH Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. II. 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: Nationwide No. 1 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: ^ 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 Ma ~~~ Environmental Concern (see the top of page 2 for further details), check he Applicant Information AUG 3 2007 OENR -WATER QUALITY Owner/Applicant Information ~~D3ANOSTOR1~rATERBRANCH Name: Four County Electric Membership Corporation - Mr. Robert W. Harris Mailing Address: 1822 N.C. 53 West Post Office Box 667 Burgaw, North Carolina 28425 Telephone Number: (910) 259-2171 E-mail Address: Fax Number: (910) 259-1860 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: Jennifer M. Freeman Company Affiliation: Dr. J.H. Carter III & Associates Inc. Environmental Consultants Mailing Address: 515 - F Midland Road Southern Pines North Carolina 28387 Telephone Number: (910) 695-1043 Fax Number: (910) 695-3317 E-mail Address: jfreeman(a~jhcarterinc.com Updated 11/1/2005 Page 5 of 12 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 l l 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: Bridge Over NE Cape Fear River and Approaches on NC 210 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4223 3. Property Identification Number (Tax PIN):_ 3255-24-7200-0000 4. Location County: Pender Nearest Town: Rocky Point Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): I-40 East to NC Hwy 210 (exit 408). Take NC Hwy 210 East to the bridge over Northeast Cape Fear River. Project site is on the east side of the river & the south side of the road. 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): 34.4430 °N 77.8333 °W 6. Property size (acres): N/A (utility easement) 7. Name of nearest receiving body of water: Northeast Cape Fear River 8. River Basin: Cape Fear 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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: There is an existing NCDOT right-of-way~ROW) for NC Hwy 210 and an associated utility ROW. The vicinity is rural with some residences along the hi1?hwav. Updated 11/1/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: FCEMC relocated a distribution line in conjunction with the NCDOT relocation of the NC Hwy 210 bridge. Additional ROW was hand-cleared and heavy equipment was used to install the poles. Four structures were installed in wetlands adjacent to the river. Two structures required "bog shoes" for stabilization, which resulted in fill. (See photos). 11. Explain the purpose of the proposed work: FCEMC installed cement poles, as opposed to wood so that future maintenance would not be required. The wetland soils could not support the weight of the 2 poles nearest the river and required bog shoes in order to distribute the weight and stabilize the structures. 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. FCEMC understood that their work was covered under permits already issued to the NCDOT (NWP No. 23 Action ID # 200101172; CAMA Major Development permit # 123-06) for the bridge relocation project. At the time, it wasn't anticipated that bo sg hoes would be necessary to stabilize the utilitypoles. After consulting with their NCDOT contact (Mason Herndon) it became apparent that FCEMC would need a separate permit for the pole relocation. DOT is requesting a Letter of Refinement to their CAMA permit for this work. 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. No. 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. Updated 11/1/2005 Page 7 of 12 1. Provide a written description of the proposed impacts: Two utilitypoles will require bob shoes in the wetland. One double pole structure has a bog shoe that measures 224.6 square feet. The single pole structure has a bob shoe measuring 93.5 square feet. Additionall~he utility line will span the Northeast Cade Fear River. The span width is 545 feet. The conductor height above the water level at its lowest position will be 42.5 ft (+/-), The conductor height above the 100-year high water elevation is 37.1 ft (+/-). 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 Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 fill herbaceous yes 53 0.005 2 fill herbaceous yes 235 0.002 Total Wetland Impact (acres) 0.007 3. List the total acreage (estimated) of all existing wetlands on the property: 0.633 acres 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 he included. Tn calculate acrea~e_ multinly 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) 1 NE Cape Fear utility span perennial 545 ft 545 Total Stream Impact (by length and acreage) 545 N/A 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. dred~in~. 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) ocean, etc.) (acres) N/A Updated 11/1/2005 Page 8 of 12 Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): N/A Wetland Impact (acres): 0.007 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.007 Total Stream Impact (linear feet): 545 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 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. The relocation of the utility Toles to the current placement was necessary for the project. It was _not anticipated that stabilization structures would be necessary until installation was attempted. The initial design plan was to auger a hole slightly larger than the pole diameter backfill with approximately 1 foot of gavel at the bottom of the hole set the pole and fill around the edPes of the pole with rg~avel• (See photos). The bog shoes were kept to the minimum size necessary to stabilize the poles and distribute weight. Updated 11/1/2005 Page 9 of 12 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. USACE - 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 USACE 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 (see DWQ website for most current version.). 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 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://www.nceep.net/pales/inlieureplace.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): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Updated 11/1/2005 Page 10 of 12 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 aNEPA/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 (Meuse), 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. Zone* Impact Multiplier Required (s uare feet) Miti ation 1 3 (2 for Catawba) 2 1.5 Total N/A * 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 "Lone 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 Updated 11/1/2005 Page 1 1 of 12 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. N/A 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. 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 htt~//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The EMC relocated an existing distribution line. 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). N/A __ Applicant/Agent's Signature Dade (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 + ~ • -~' Four Count Electnc y Membership Corporation 1822 N.C. 53 West Post Office Box 667 Burgaw, NC 28425 July 24, 2007 To Whom It May Concern: A Touchstone Energy Cooperative ~~ Telephone: (910) 259-2171 Fax: (910) 259-1860 Web site: www.fourcty.org Dr. J. H. Carter III & Associates, Inc. is authorized to prepare and submit the necessary permits for the distribution line relocation project associated with the North Carolina Highway 210 bridge relocation over the Northeast Cape Fear River in Pender County, North Carolina. Additionally, this letter grants permission to federal and state regulatory authorities to conduct site visits on our property to evaluate wetland boundaries and project impacts. Respectfully, G~ , Robert W. Harris, PE Vice President of Engineering Local Offices: Burgaw 259-2361 • Elizabethtown 862-3551 • Rose Hill 289-4534 ` Continue on Page 76 n^5o oo° 2 n°45'00" 3 78'00' WALLACE I 77.8333" 77.7500° 3437'30" - ~ ~ ' I \ 1 117 (/ % ~hehe.. N~k ~ ~ / Creek \`a ; ~\\ ' ~ 1 1) ` va. ca... ~ I` -\ x ~ I 1 it ` h~ a r~ - ~ ^; " " ~~ `~ \ ~ -_ . . 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A '~ ~. .. . .a ~. r ----~a + dy~rr~'~~ i ~v ~ .. }.mom ~~ ,. .. yK' ~ " r F r ~' ~a_ Utility poles nearest the Northeast Cape Fear River with "bog shoes" installed (above) and single pole structure showing bog shoe (below), Pender County, North Carolina. ~' ak ~ _ a ~'~ vc ° ~ ~ . i,'91., g ~, f "~f~ ~,' + ~~ ' . ~ , ,~s .r ~~ c ~~, ~ •: i ~ + ~ '' ` ~ ` 3.. y C J _ 'r^ _' _.. -. ' ~ a`r..-- ~ ~: s ' , L~ a, ~ r I ~ ~ ~. ` ~~~~ ..~ ~ ~ _ 11.1 .' ~@ 5 5~+~`y~ T1 ~.~~ ~! . ~ 7.} ' ~ :f _ ~ , ~,t +y~; ~~ - k it r...a1~~Li~._.. 2. Double pole structure showing bog shoe (above) and an example of a pole installed with the auger and backfill method that was originally prescribed (below), Pender County, North Carolina. 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