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Home My WebLink About20050785 All Versions_Application_20100726 (8) STATE OF NORTH CAROLINA t sr?y ffi6 fA? ?UN 'v F" pp DsgtVr) S y?k?J( DEPARTNVIENT OF TRANSPORTATION c "'"'ailR4 Rftcl? MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY June 4, 2007 ?7 Mr. William Wescott Mr. Stephen Lane V. U. S. Army Corps of Engineers Division of Coastal Management Regulatory Field Office N. C. Dept. of Env. & Natural Resources Post Office Box 1000 400 Commerce Avenue Washington, NC 27889-1000 Morehead City, NC 28557 Dear Sir: Subject: Request for Modification of 404 Individual Permit, 401 Water Quality Certification Permit, Tar-Pamlico Buffer Authorization, and CAMA Major Development Permit for the proposed Washington Bypass. US 17 From South of SR 1149 (Price Road) to North of SR 1509 (Springs Road). TIP Number: R- 2510B, Federal Aid Project MAF-75-3(26). Debit $475 for WQC Modification from WBS Element No. 34440. 1.1 Reference: USACE Action ID 199301143 DWQ Project No. 050785, WQC No. 3527 CAMA Permit No. 29-07 The North Carolina Department of Transportation (NCDOT) is requesting a modification to the above referenced permits for wetland impacts and a change in buffer accounting associated with R-251 OB. Included in this package are the following, revised wetland impacts, Tar-Pamlico Riparian Buffer impacts, revised permit drawings and revised buffer drawings. 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: • Protected Species • Aquatic Life passage • FEMA compliance • Cultural Resources Summary of Changes This application addresses impacts at Sites 4 and 9. There is no change in the amount of wetland impacts, however, there is a change to the types of impacts. Excavation in wetlands has increased by 0.03 acre and mechanized clearing has decreased by 0.03 acre. There is an increase of 1,522 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: WWWWCOOT.ORG RALEIGH NC RALEIGH NC 27699-1548 sq. ft. of Tar-Pamlico Riparian Buffer impacts due to the wetlands no longer being jurisdictional. However, the area is accounted for as buffer impacts. 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 widening of approximately 6.8 miles of US 17 from south of SR 1149 (Price Road) south of Chocowinity to North of SR 1509 (Springs Road) 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. Impacts to Waters of the U.S. Proposed impacts to jurisdictional areas of R-2510B consist of 7.92 acres of wetlands (6.04 acres of riverine and 1.88 acres of non-riverine), 0.38 acre of surface waters, and 2,368 feet of streams. There are no additional proposed impacts. There is only a change in the type of wetland impacts. Tar-Pamlico Buffer Impacts The total Tar-Pamlico riparian buffer impacts associated with R-2510B are unchanged and consist of 230,368 sq. ft. in Zone 1 with 174,526 sq. ft. which are allowable with mitigation due to roadway fill and 142,372 sq. ft. in Zone 2 with 111,225 sq. ft. which are allowable with mitigation due to roadway fill. What has chaffed is the amount of wetlands within the riparian .____ buffer due to the removal of jurisdictional status of the stormwater pond at Site 9. Zone 1 impacts requiring mitigation increased by 355 sq. ft. and Zone 2 impacts increased by 1,167 sq. ft. PERMITTING ACTIVITY TO DATE Clean Water Act Section 404 Individual Permit The project received a Clean Water Act Section 404 Individual Permit (Action ID # 199301143) from the U.S. Army Corps of Engineers (USACE) Wilmington District on November 28, 2005. This permit authorized construction for Section R-2510A. A modification dated January 17, 2007 to the permit was received by NCDOT. Section 401 Water Ouality 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. A modification dated February 13, 2007 was received by NCDOT. Tar-Pamlico Riparian Buffer Authorization The project received a Tar-Pamlico Riparian Buffer Authorization (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. A modification dated February 13, 2007 was received by NCDOT. Coastal Area Management Act (CAMA) Consistency Certification and CAMA Maior Permit A Consistency Certification was issued by North Carolina Department of Environment and Natural Resources Division of Coastal Management on October 31, 2005 for the entire R-2510 project and a CAMA Major Development Permit was issued on March 6, 2007 for R-2510B. 2 MITIGATION Jurisdictional Wetland Mitigation: NCDOT does not propose mitigation for these impacts due to there being no net change in permanent wetland impacts. Tar-Pamlico Buffer Miti ag t? ion: NCDOT proposes to use the North Carolina Ecosystem Enhancement Program (EEP) to mitigate for permanent impacts associated with this project. The attached EEP request has been forwarded to EEP. A copy of the EEP acceptance letter will be forwarded when received. 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. In compliance with Section 143- 215.3D(e) of the NCAC, we have provided a method of debiting $475, as noted in the subject line of this application, as payment for processing the Section 401 permit modification application. We are providing five copies of this modification application to the NCDWQ for their review and approval. The NCDOT respectfully requests that the referenced CAMA Major Development Permit be modified to reflect the changes in jurisdictional impacts as outlined in this letter and presented in the attached drawings. Please find the attached updated permit drawings. If you have any questions or need additional information, please call Mr. Chris Underwood at (919) 715-1451. Sinc rel yorpe, Greg ry h.D., Environmental Management Director Project Development and Environmental Analysis Branch 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. Victor Barbour, P.E., Project Services Unit Mr. Mark Staley, Roadside Environmental Mr. C. E. Lassiter, P.E., Division 2 Engineer Mr. Jay Johnson, Division 2 Environmental Officer W/o attachment Mr. Scott McLendon, USACE, Wilmington 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 Mr. Brian Yamamoto, P.E., PDEA Mr. Carl Goode, P.E., Human Environment Unit 4 ---------------------------------------------------------------------- moma mme4a No. mm No. R-25108 7.5 4it lorN FLATIRON I WETLAND PERMIT IMPACT SUMMARY WETLAND IMPACT SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands ac Temp. Fill In 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 T 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 33.11 7 497+90 -L- 48" RCP 1.56 0.18 1147 8 507+50 -L FIT 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 NA NO WE TLAND OR STREAM IMPACTS AT THIS SITE TOTALS: 5.33 0.08 2.51 33.11 0.38 0.01 2368 " Site 4 Fill in Wetlands includes 0.16 Ac of wetlands inside interchange that will be preserved (not cleared). Revisions (4/19/07): Added impacts at Site 4 due to omitted wetland. (0.03 Ac excavation in wetlands, 0.02 Ac mechanized clearing) Removed 0.05 Ac of mechanized clearing at Site 9 due to existing stormwater pond. BUFFER IMPACTS SUMMARY IMPACT BUFFER TYPE ALLOWABLE MITIGABLE REPLACEMENT SITE NO. STRUCTURE SIZE TYPE STATION FROM/TO ROAD CROSSING PARALLEL IMPACT ZONE 1 (ft2) ZONE 2 (fe) TOTAL (ft2) ZONE 1 (ft2) ZONE 2 (ftz) TOTAL (ft2) ZONE 1 (fe) ZONE 2 (ft) 1 60" RCP 228+08 -L- X 11775.0 7952.0 19727.0 2 SITE 2 HAS BEEN AVOIDED 3 9'X T RCBC 251+10 -L- X 27846.0 16696.0 44542.0 4 2 0 8' X' 8' RCBC 269+74 -L- X 30705.0 18371.0 49076.0 5 24" RCP 315+20 -L- NO BUFFERS ASSOCIATED WITH THIS CROSSING 6 BRIDGE 324+02/476+76 X 55842.0 31147.0 86989.0 7 48" RCP 497+90 -L- X 73268.0 48126.0 121394.0 8 NA 507+50 -L- FIT NO BUFFERS ASSOCIATED WITH THIS SITE 1 9 3 @ 10' X 9' RCBC 515+10 -L- X 25213.0 16115.0 41328.0 10 24" RCP 525+00 -L- LT NO BUFFERS ASSOCIATED WITH THIS SITE 11 NA 28+00/32+00 Y22 X 5720.0 3966.0 9686.0 TOTAL: 55842.0 31147.0 86989.0 174527.0 111226.0 285753.0 50aC,V15 Revised 4119107: Mechanized clearing at Site 9 was reduced due to existing stormwater pond. 5 y 3 C-' 1S .........................i