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HomeMy WebLinkAbout20071845 Ver 1_Application_20071031A „a STAl~ o ~'~- ~ ,~ '~a„M~• STATE OF NORTH CAROLINA ,~~; ~. ~ -~ ~,a. .,, ,;,~ - ~,~ ~~ .;~,~ fit,, ~.. .ti, r . ~1~ DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 30, 2007 N.C. Division of Water Quality LYNDO TIPPETT SECRETARY Transportation Permitting Unit O ~]' ~ 8 2321 Crabtree Blvd./Suite 250 I Raleigh, NC 27604-2260 Attention: Mr. Rob Riding, NCDOT Project Coordinator Subject: Proposed replacement of a pipe conveying an unnamed tributary to Upper Barton Creek on Claybank Place off of SR 3298 (Crestmont Drive) in Wake County. WBS element SC.092014. The North Carolina Department of Transportation (NCDOT) proposes take over Claybank Place subdivision roadway in Wake County (Figures 1-3). This existing_ avel road will be channeled out and Waved as is with no right-of=wav clearing necessarv for this protect. There is however a pipe conveying an unnamed tributary to Upper Barton Creek that needs to be replaced. Information concerning this activity is provided below: Impacts to Waters of the United States The project crosses an intermittent stream, UT to Upper Barton Creek, [NCDENR-DWQ Index No. 27-15-(I), Best Usage Classification WS-.LV, NSW; HUC 03020201] in the Neuse River Basin. The existing structure that conveys the creek is a 30-inch corrugated metal pipe that is 60 ft long (see Photographs 1-2). This existing structure is undersized and is perched resulting in a large blow hole at the outlet. NCDOT proposes to replace the existing pipe with a 48-inch corrugated metal pipe that is 60 ft long. Rip rap armoring will be added to stabilize the stream banks and shoulder sections above the pipe ends. Additionally 15 linear feet of stone will be placed in the stream channel to repair the blow hole so that the new pipe will not be perched. This stone will be pressed down so that it will not interfere with aquatic life passage. If necessary, the NCDOT will also dewater the work zone during construction. Any saterials used for dewatering will be removed after construction. Permanent impacts at the site associated with the replacement of the structure will not exceed 15 feet of surface water fill concurrent with 15 ft of rip rap at the outlet. No surface water fill and 15 ft of rip rap will be used on the inlet of the new pipe. Temporary concurrent impacts will include the dewatering of 25 feet of stream, if necessary. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 220-4600 Fax: (919) 560-3371 2 Riparian Buffer The pipe replacement work at Site 1 involves a road crossing of a stream that is subject to the Neuse River Buffer Rules. This intermittent unnamed tributary to Upper Barton Creek is depicted on the most recent version of the Bayleaf (USGS 1967/1987) topographic quadrangle (Figure 1) and the Soil Survey of Wake County (USDA-SCS, 1970) (Figure 2). Construction impacts at this site total 1,482 ft2 in Zone 1 and 998 ft' in Zone 2 (totaling 25 Ift of riparian buffer impacts). Waters of the U.S. Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary ,encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at . jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensatory Miti ate All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of October 2007, there are three federally protected species listed for Wake County. They include red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterdon), and Michaux's sumac (Rhus michauxii). Please note that the bald eagle (Haliaeetus leucocephalus) was recently delisted. Claybank Place is not adjacent to open water suitable to provide foraging habitat for the bald eagle. The dense mixed hardwood stands surrounding these sites do not offer suitable forging or nesting habitat for red-cockaded woodpecker. The UT to Upper Barton Creek is a small stream and does not provide suitable habitat for mussel fauna. The roadway shoulders along Claybank Place are heavily maintained, eliminating the possibility for Michaux's sumac to exist in this area. Additionally, a review of the Natural Heritage Program database (last updated Fall 2007) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the 10/25/07 site visit and the NHP database review, biological conclusions of No Effect have been rendered for each species. Summary Application is hereby made for a NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3627 and riparian buffer authorization for above-described activities. An automated payment procedure has been implemented between the 1~TCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate 3 NCDOT WBS element SC.092014. Apre-construction notification is attached with this request. ,. Per General Condition 27 [Notification provision], the USACE is not copied on this permit request. The proposed activities meet the conditions of the Department of the Army Section 404 Nationwide Permir(NWP) 14 and the proposed impacts do not exceed the 1/10 acre of loss of Waters of the United States. Additionally this project does not involve impacts to a special aquatic site. Therefore we intend to comply with all applicable NWP conditions during construction of this project, working under NWP 14 with no notification required to the USACE. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)220-4632. Sincerely, J.W. Bowman, P.E. Division Engineer cc: Mr. Reid Elmore, NCDOT District 1 Engineer Mr. Ashley Pilkington, NCDOT Wake County Assistant Maintenance Engineer Mr. Tim Robbins, NCDOT Roadside Environmental Field Ops Tech Claybank Place off of SR 3298 (Crestmont Drive) - Wake County Photograph 1. View of looking upstream of inlet. 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Aog ;,, -Agcy '~i ~ , ~ j CgB ~ Cco. ~ '. -, GeC2 ~'•. ~O -~ _ X882 ~ f y j CHC2 '. ~ LdBZ T ~• AgB2 ~Y~ . ~ ' A ~ _ j,,ICm \.' ii\t „~~~ CeD.~G t+ P 8 Crt ~ a C `~ ~~~ GeD2 e .GeC CeD` ~' dC'1~ i A~ ,,t / ;~ • ^ % ~ ~~; : ;~ GeB '1 ~- GeD2 ~ ~'~ _ ,I ;eB2 2 4 CgC „ :. R \` GeB2. ~ ~T GeC2 _ •._- i~ i U~ ~/ )~\ Ag6: j~/~eCT~ a `~/'• ~'• Project Study Area Claybank Place off of SR 3298 (Crestmont Drive) Wake County USDA-SCS (1970) Figure 2 1 ~ 15,80 Agf A0~ Lr r~ fie' pE Ce W Nm M c a t i Note: ,.~~~~~;:~ Proposed Rip Rap ~~~~~ Proposed Stone in Channel - E T F Existing Transporation Facility ETF ETF Site I - Construction Plan Claybank Place off of SR 3298 (Crestmont Drive) Wake County Figure 3 I"=30' 10/30/07 W Placement of sandbags for dewatering Office USe Only: .. Form Version March OS USACE Action ID No. DWQ No. 2 0 0 7 1 8 4 5 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. 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: non-re~ortin;; NWP 14 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 1. Owner/Applicant Information Name: NCDOT Division 5 J.W. Bowman Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 220-4601 Fax Number: (919) 560-3371 E-mail Address: wbowman(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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 1 of 8 III. Project Information "a ':~ ;,, . 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 USAGE 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: Proposed replacement of a structure conveying-an unnamed tributary to Upper Barton Creek on Claybank Place off of SR 3298 (Crestmont Drive) in Wake Count 2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS 5C.092014 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From I-540 NW of Raleigh, take Leesville Road to -the North for approximately 0 9 miles Make a right onto SR 3298 (Crestmont Drive). Travel on Crestmont Drive for approximately 300ft then take the first left into Claybank Place and travel approximately 0 2 mile to the protect site 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): 35.9212 °N 78.7392 °W 6. Property size (acres): 0.2 acre 7. Name of nearest receiving body of water: Ut to Upper Barton Creek 8. River Basin: Neuse (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/admirv'rnaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project. at the time of this application: The general land us is residential and wooded. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: This sub-division road will be channeled out and paved and taken over as a roadway under State maintenance. No right-of--way clearing will be necessary for this project however the undersized perched ape at Site 1 will be replaced. Rip rap armoring will be added to stabilize the stream banks and shoulder sections above the pipe ends Additionally some stone will be placed in the stream channel to repair the blow hole so that the new ape will not be perched. If necessary the NCDOT will also dewater the work zone during construction. Equipment may include excavator backhoe bulldozer grader and crane 11. Explain the purpose of the proposed work: The existing_pipe is undersized and perched. A lar e size pipe, of the same length, will be installed. 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. N/A 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. Provide a written description of the proposed impacts: The undersized perched pipe at Site 1 will be replaced. Rip rap armoring will be added to stabilize the stream banks and shoulder sections above the pipe ends. Additionally some stone will be placed in the stream channel to repair the Page 3 of 8 blow hole so..that the new pipe will not be perched. If necessary the NCDOT will also dewater the work zone during construction. 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh 100-year Nearest Impact , (indicate on map) , herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 1. List the total acreage (estimated) of all existing wetlands on the property: N/A 2. 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 acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Length Area of Number Stream Name Type of Impact Intermittent? Stream Width (linear feet) Impact (indicate on map) Before Impact (acres) Site 1 UT Fill for stability Intermittent 2'0 I S 0.0007 Upper Barton Crk (stone in channel) Rip rap armoring 25' concurrent 0.001 I ~ alon stream bank (I S' overlapping) concurrent Temporary 25 0.0011 dewatering concurrent ccncurrent Tctal Stream Impact (by length and acreage) 25 0.0011 3. 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, dredging, 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 map) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A Page 4 of 8 4. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0011 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Impact to Waters of the U.S. (acres) 0.0011 Total Stream Impact (linear feet): 25 5. 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. N/A 6. 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 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. All wetlands and surface waters not affected by construction will be protected from unnecessary encroachment during construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of tilt necessary to complete the project will be placed in waters of the United States. 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 Page 5 of 8 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:/ih2o.enr.state.nc.us/ncwetlands/strm~;ide.html. 1. 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. None proposed. None antici ap ted• 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): 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 Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 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 (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 ^ 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. Site 1 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,482 3 (2 for Catawba) N/A 2 998 1.5 N/A Total 2,480 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 Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration % Enhancerrient, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC ZB .0242 or .0244, or .0260. N/A_ Page 7 of 8 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stonnwater 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. The existing 20ft wide gravel roadway will be channeled out and paved with a 20ft width of asphalt No additional impervious surface is ro osed with this protect Erosion and sediment control devices at this site are coin rised of temporary dewatenn and rip rap armoring of new structure 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. This protect will not generate wastewater 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 http://h2o.enr.state nc us/ncwetlands. If no, please provide a short narrative description: This protect will not result in additional development to this previously built out subdivision roadway. 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). ~. ~- ~~. !O-3D-07 ~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8