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HomeMy WebLinkAbout20050785 All Versions_Application_20080201~d ~.m.q M ~~ u M.n .,~~~. STATE OF NORTH CAROLINA ~~~~ ~o ~~ d ~~- ~~ ~~~ ~SgTFR 8 ~ry DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR January 14, 2008 U.S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 N. C. Dept of Env. and Natural Resources Division of Water Quality Washington District Office 943 Washington Square Washington, North Carolina 27889 LYNDO TIPPETT SECRETARY ~ ~ ~~ j V '~ N. C. Dept of Env. and Natural Resources Division of Coastal Management Washington District Office 943 Washington Square Washington, North Carolina 27889 ATTN: Mr. William Wescott, USACE NCDOT Coordinator Mr. Steven Lane, DCM NCDOT Coordinator Mr. Garcy Ward, DWQ NCDOT Coordinator Dear Sirs: v^ ~~ { ~ ~ `~ ~" I ~, _.:~ Z ~; ~ ~ ~ ~ ~~/ , Subject: Request for Modification of 404 Individual Permit, 401 Water Quality Certification Permit, Tar-Pamlico Buffer Authorization, and Letter of Refinement for CAMA Major Development Permit for the proposed Washington Bypass. US 17 from South of SR 1149 (Price Road.) to US 17 North of SR 1509 (Springs Road.). TIP Number: R-2510B, Federal Aid Project MAF-75-3(26). Debit $475 for WQC Modification and $100 for CAMA Modification from WBS Element No. 34440.1.1 Reference: USACE Action ID 199301143 DWQ Project No. 050785, WQC No. 3527 The North Carolina Department of Transportation (NCDOT) is requesting a modification to Permit No. 199301143 for wetland and surface water impacts associated with R- 2510B. The following presents revised impact calculations for stream and Tar-Pamlico River buffer impacts at Site 11. Preliminary design proposed the use of a retaining wall in this location to minimize stream and buffer impacts. However, as detailed design on the wall has progressed it has been determined that use of a retaining wall is not feasible. Included in this package are revised stream and Tar-Pamlico River buffer impact calculations and revised drawings for Site 1 1. The revised design does not compromise NCDOT's compliance with the existing permit conditions. The revision has been evaluated for compliance with the avoidance/minimization criteria and is in compliance with all previous issues, including the following: MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 • Protected Species • Aquatic Life passage • FEMA compliance • Cultural Resources Summary of Changes The following permit modification addresses impacts at Site 11. Extension of the driveway culvert will impact 58 linear feet of stream and 0.01 acres of surface water. Additional increases to Tar-Pamlico River buffer impacts consist of 1,628 square feet of impacts in Zone 1 and 610.5 square feet of impacts in Zone 2. There are no changes to impacts to Jurisdictional wetlands. General Proiect Description The NCDOT proposes to improve existing US 17 to a high speed, multi-lane highway that bypasses the City of Washington. R-2510B will include the relocation or widening of approximately 6.8 miles of US 17, starting within Beaufort County, from south of Price Road (SR 1149) south of Chocowinity, and ending north of Springs Road (SR 1509) north of Washington. The proposed roadway will be a four-lane, divided highway, with grass shoulders and ditches, and a 46-foot wide grassed median. The median will be reduced to a 10-foot median divided by a barrier on the 2.89 mile four-lane freeway bridge that will span the Tar River and the frequently inundated forested wetlands adjacent to the Tar River. The project is located in the Tar-Pamlico River Basin with a Hydrologic Unit Code of 03020104. Summary of Impacts to Waters of the U.S. Proposed impacts to jurisdictional areas of R-2510B consist of 7.92 acres of wetlands, 0.39 acre of surface waters, and 2,426 linear feet of stream channels. Wetland impacts consist of 6.04 acres of riverine wetlands and 1.88 acres ofnon-riverine wetlands. PERMITTING ACTIVITY TO DATE Clean Water Act Section 404 Individual Permit The project received a Clean Water Act Section 404 Individual Permit (USAGE Action ID # 199301143) from the U.S. Army Corps of Engineers (USAGE) Wilmington District on November 28, 2005. The original Individual Permit application was dated May 3, 2005 and a Revised Individual Section 404 Permit Application was submitted on August 5, 2005. This permit authorized construction for Section R-2510A, and stipulated that construction on R-2510B should not begin until final design had been completed and plans had been approved by the District Engineer. A permit modification for revised impacts based on detailed design for R-2510B was submitted on November 13, 2006. On January 17, 2007 the USAGE issued a permit modification. A second permit modification was submitted on June 4, 2007, to cover minor changes observed during final design. A third permit modification was submitted on July 2, 2007 for additional wetland clearing at Site 6 associated with the temporary use of Shuggart Swamp Mats and slightly wider clearance limits for the southern portion of the main bridge. On August 7, 2007, the USAGE issued a permit modification for both the June 4 and July 2, 2007 requests. 2 Section 401 Water Quality Certification The project received a Section 401 Water Quality Certification (DWQ Project No. 050785, WQC No. 3527) from the North Carolina Department of Environment and Natural Resources, Division of Water Quality (NCDWQ) on September 6, 2005. The original application for an Individual 401 Water Quality Certification is dated May 3, 2005 and an Application Resubmittal is dated August 5, 2005. A permit modification for revised impacts based on detailed design for R-2510B was submitted on November 13, 2006. On February 13, 2007 the NCDWQ issued a modification of Certification 3527. A second permit modification was submitted on June 4, 2007, to cover minor changes observed during final design. A third permit modification was submitted on July 2, 2007 for additional wetland clearing at Site 6 associated with the temporary use of Shuggart Swamp Mats and slightly wider clearance limits for the southern portion of the main bridge. A modification of Certification No. 3527 with additional permit conditions was issued by DWQ on August 2, 2007. Coastal Area Management Act (CAMA) Major Development Permit A Consistency Certification was issued by North Carolina Department of Environment and Natural Resources Division of Coastal Management (DCM) on October. 31, 2005. The proposed R-2510B section impacts the Public Trust Area and Public Trust Shoreline CAMA AECs where it crosses the Tar River. A CAMA Major Development Permit Application was submitted to DCM on November 13, 2006. A permit was issued by DCM on March 6, 2007. The DCM issued a Letter of Refinement on August 6, 2007 for requested modifications associated with Permit Modification 2 and 3 described above. JURISDICTIONAL IMPACTS The attached permit modification package includes drawings depicting jurisdictional impacts for R-2510B at Site 11. Preliminary design for widening the existing road at this location proposed the use of a retaining wall to minimize stream and buffer impacts. However, as detailed design on the wall has progressed, it has been determined that there is not sufficient space between the proposed edge of road and existing stream for placement of a retaining wall. At this location the stream is running parallel to the road. To construct the retaining wall, it would be necessary to place fill material at the base of the wall to protect the wall from scour. The NCDOT requires the use of a 3:1 slopes throughout the project. The existing bank slope along this reach is about vertical (greater than 1:1). Use of a 3 :1 slope would require the relocation of the channel away from the base of the wall as well as extend the top of the far bank beyond the existing right-of--way limits. Therefore, the use of a retaining wall was determined not to be feasible. Use of a culvert was determined to be the only practicable alternative. Also, due to the proximity of the channel to the edge of the road, culverting the channel improved road safety. Wetlands There are no wetlands at Site 11. Therefore, there are no changes to Jurisdictional wetland impacts due to this permit modification. 3 Streams Placement of the proposed culvert extension will impact an additional 58 feet (0.01 acres) for total stream impacts of 24261iner feet and 0.39 acres of surface waters. Table 1. Proposed Jurisdictional Impacts Site Station Number (from/to) Fill in Wetland (ac) Excavation in Wetlands ac Mechanized Clearing - Method III ac Surface Water Impacts ac Existing Channel Impacted ft 1 -L- 228+08 0.11 0.02 0.02 -170 2 Site 2 has been avoided. 3 -L- 251+10 1.00 0.45 0.06 363 4 -L- 269+74 2.04 0.03 0.16 0.07 484 5 -L- 315+20 0.15 0.02 6 -L- 324+02/476+76 0.24 0.05 1.83 7 -L- 497+90 1.56 0.18 1,147 8 -L- 507+50 RT No wetland or stream im acts at this site. 9 -L- 515+10 0.10 0.01 0.05 204 10 -L- 525+00 LT 0.13 0.02 11 -Y22- 28+00/32+00 No wetlands at this site 0.01 58 Total 5.33 0.08 2.51 0.39 2426 Riparian Buffers Impacts to Tar-Pamlico riparian buffer will increase at Site 11 due to the placement of the culvert, by 1,628 square feet in Zone 1 and 610.5 square feet in Zone 2. Total impacts consist of 231,995.8 square feet of buffer in Zone 1 and 142,982.3 square feet of buffer in Zone 2. Table 2. Riparian Buffer Impacts Site Zone 1 (sq ft) Zone 2 (sq ft) Wetlands in Zone 1 (sq ft) Wetlands in Zone 2 (sq ft) Mitigation Required Zone 1 s ft Mitigation Required Zone 2 s ft 1 11,774.5 7,951.6 5,350.8 0.0 6,423.7 7,951.6 2 Site 2 has been avoided. 3 27,846.2 16,695.9 24,339.3 14,777.6 3,506.9 1,918.3 4 30,705.3 18,371.3 30,244.9 13,698.0 460.4 4,673.3 6 55,841.7 31,147.1 2,488.0 578.0 N/A N/A 7 73,267.8 48,125.5 2,331.1 4,926.6 70,936.7 43,198.9 9 25,212.8 16,114.5 1,053.0 1,801.5 24,159.8 14,313 11 7,347.5 4,576.4 0.0 0.0 7,347.5 4,576.4 Total 231,995.8 142,982.3 65,807.1 35,781.9 112,835.0 76,631.5 4 REGULATORY APPROVALS The NCDOT respectfully requests that the referenced. Section 404 Permit be modified to reflect the changes in jurisdictional impacts as outlined in this letter and presented in the attached drawings. The NCDOT is also requesting a modification to the 401 Water Quality Certification and Tar-Pamlico Buffer Authorization from the NCDWQ. Finally, NCDOT is requesting a letter of revision from the Division of Coastal Management to the CAMA Major Development Permit. In compliance with Section 143-215.3D(e) of the NCAC, we have provided a method of debiting $475 and $100, as noted in the subject line of this application, as payment for processing the Section 401 permit modification application and the LAMA Letter of Revision respectively. We are providing seven copies of this modification application to the NCDWQ for their review. Please find the attached updated permit drawings for Site 11. If you have any questions or need additional information, please call Mr. Jay Johnson at (252) 695-2044. Sincerel , Jay J s , D ision Environmental Officer cc: W/attachment Mr. John Hennessy, NCDWQ (5 Copies) Mr. Travis Wilson, NCWRC Ms. Kathy Matthews, USEPA Mr. Ronald Mikulak, USEPA -Atlanta, GA Mr. Clarence W. Coleman, P.E., FHWA Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Michael Street, NCDMF Mr. Steve Sollod, NCDCM Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. Chris Underwood, PDEA Mr. C. E. Lassiter, P.E. W/o attachment Mr. Scott McLendon, USACE, Wilmington (Cover Letter Only) Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Ms. Beth Harmon, EEP Mr. Todd Jones, NCDOT External Audit Branch Ms. Stacy Baldwin, P.E., PDEA Mr. Carl Goode, PE, Human Environment Unit Head 5 BUFFER IMPACTS SUMMARY IMPACT BUFFER TY PE ALLOWABLE MITIGABLE REPLACEMENT SITE NO. STRUCTURE SIZE TYPE STATION (FROM/TO) ROAD CROSSING PARALLEL IMPACT ZONE 1 (ft2) ZONE 2 (ft2) TOTAL (ftZ) ZONE 1 (ft2) ZONE 2 (ftZ) TOTAL (ft2) ZONE 1 (ft2) ZONE 2 (ft2) 1 60" RCP 228+08 -L- X 11774.5 7951.6 19726.1 2 SITE 2 HAS BEEN AVOIDED 3 9' X 7' RCBC 251+10 -L- X 27846.2 16695.9 44542.1 4 2 @ 8' X' 8' RCBC 269+74 -L- X 30705.3 18371.3 49076.6 5 24" RCP 315+20 -L- NO BUFFERS ASSOCIATED WITH THIS CROSSING 6 BRIDGE 324+02/476+76 X 55841.7 31147.1 86988.8 7 48" RCP 497+90 -L- X 73267.8 48125.5 121393.3 8 NA 507+50 -L- RT NO BUFFERS ASSOCIATED WITH THIS SITE 9 3 @ 10' X 9' RCBC 515+10 -L- X 25212.8 16114.5 41327.3 10 24" RCP 525+00 -L- LT NO BUFFERS ASSOCIATED WITH THIS SITE 1 1 78" CSP 28+00/32+00 Y22 X 7347.5 4576.4 11923.9 TOTAL: 55841.7 31147.1 86988.8 176154.1 111835.2 287989.3 Revisions: Revised Site 11 for drive pipe. 11/6/07 BUFFER IMPACTS SUMMARY IMPACT BUFFER TY PE ALLOWABLE MITIGABLE REPLACEMENT SITE NO. STRUCTURE SIZE /TYPE STATION (FROM/TO) ROAD CROSSING PARALLEL IMPACT ZONE 1 (ft2) ZONE 2 (ft2) TOTAL (ft2) ZONE 1 (ft2) ZONE 2 (ft2) TOTAL (ft2) ZONE 1 (ft2) ZONE 2 (ft2) 1 60" RCP 228+08 -L- X 11774.5 7951.6 19726.1 2 SITE 2 HAS BEEN AVOIDED 3 9' X 7' RCBC 251+10 -L- X 27846.2 16695.9 44542.1 4 2 C~ 8' X' 8' RCBC 269+74 -L- X 30705.3 18371.3 49076.6 5 24" RCP 315+20 -L- NO BUFFERS ASSOCIATED WITH THIS CROSSING 6 BRIDGE 324+02/476+76 X 55841.7 31147.1 86988.8 7 48" RCP 497+90 -L- X 73267.8 48125.5 121393.3 8 NA 507+50 -L- RT NO BUFFERS ASSOCIATED WITH THIS SITE 9 3 C~3 10' X 9' RCBC 515+10 -L- X 25212.8 16114.5 41327.3 10 24" RCP 525+00 -L- LT NO BUFFERS ASSOCIATED WITH THIS SITE 11 NA 28+00/32+00 Y22 X 7347.5 4576.4 11923.9 TOTAL: 55841.7 31147.1 86988.8 176154.1 111835.2 287989.3 WETLAND PERMIT IMPACT SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size /Type Permanent Fillln Wetlands (ac) Temp. Fillln Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design ft 1 228+08 -L- 60" RCP 0.11 0.02 0.02 170 2 SITE 2 HAS BEEN AVOIDED 3 251+10 -L- 9' X 7' RCBC 1.00 0.45 0.06 0.01 363 4 ` 269+74 -L- 2 Q 8' X 8' RCBC 2.04 0.03 0.16 0.07 484 5 315+20 -L- 24" RCP 0.15 0.02 6 324+02/476+76 L BRIDGE 0.24 0.05 1.83 33.51 7 497+90 -L- 48" RCP 1.56 0.18 1147 8 507+50 -L RT RISER NO WE TLAND OR STREAM IMPACTS AT THIS SITE 9 515+10 -L- 3 Q 10' X 10' RCBC 0.10 0.01 0.05 204 10 525+00 -L- LT 24" RCP 0.13 0.02 11 28+00/32+00 Y22 NA 0.01 58 TOTALS: 5.33 0.08 2.51 33.51 0.39 0.01 2426 Site 4 Fill in Wetlands includes 0.16 Ac of wetlands inside interchange that will be preserved (not cleared). Revisions: Added impacts at Site 4 due to omitted wetland. (0.03 Ac excavation in wetlands, 0.02 Ac mechanized clearing) - 4/19/07 Removed 0.05 Ac of mechanized clearing at Site 9 due to existing stormwater pond. - 4/19/07 Revised clearing limits at Site 6. (increase of 0.32 Ac hand clearing in wetlands) - 6/1/07 Revised Site 6 for Shuggart Swamp Mats. (increase of 0.08 Ac hand clearing in wetlands) - 6/20/07 Revised Site 11 stream impacts for driveway pipe (increase of 58 ft and 0.01 ac.). - 10/9/07 Revised 3/37/05 WETLAND PERMIT IMPACT SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size /Type Permanent Fillln Wetlands (ac) Temp. Fillln Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 228+08 -L- 60" RCP 0.11 0.02 0.02 170 2 SITE 2 HAS BEEN AVOIDED 3 251+10 -L- 9' X 7' RCBC 1.00 0.45 0.06 0.01 363 4 ` 269+74 -L- 2 @ 8' X 8' RCBC 2.04 0.03 0.16 0.07 484 5 315+20 -L- 24" RCP 0.15 0.02 6 324+02/476+76 L BRIDGE 0.24 0.05 1.83 33.51 7 497+90 -L- 48" RCP 1.56 0.18 1147 8 507+50 -L RT RISER NO WE TLAND OR STREAM IMPACTS AT THIS SITE 9 515+10 -L- 3 @ 10' X 10' RCBC 0.10 0.01 0.05 204 10 525+00 -L- LT 24" RCP 0.13 0.02 11 28+00/32+00 Y22 78" CSP 0.01 58 TOTALS: 5.33 0.08 2.51 33.51 0.39 0.01 2426 Site 4 Fill in Wetlands includes 0.16 Ac of wetlands inside interchange that will be preserved (not cleared) Added impacts at Site 4 due to omitted wetland. (0.03 Ac excavation in wetlands, 0.02 Ac mechanized clearing) - 4/19/07 Removed 0.05 Ac of mechanized clearing at Site 9 due to existing stormwater pond. - 4/19/07 Revised clearing limits at Site 6. (increase of 0.32 Ac hand clearing in wetlands) - 6/1/07 Revised Site 11 stream impacts for drive pipe. - 11/6/07