HomeMy WebLinkAbout20060911 Ver 2_Application_20060912
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STATE OF NORTH CAROLINA vv~ -._-, ;
DEPARTMENT OF TRANSPORTATION ~ ~ f:~r~r~.
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
September 7, 2006
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000 ! ^U ~ I ( ,~r .
Washington, NC 27889-1000 O l.~
Attention: Mr. William Wescott
NCDOT Coordinator
Dear Sir:
Subject: Revisions to Nationwide 23 Permit Application and Neuse River Basin
Buffer Authorization for the proposed replacement of Bridge No. 53 over Swift
Creek on NC 102, in Pitt County. Federal Aid Project No. BRSTP-102(2), WBS
33574.1.1, TII' No. B-4231.
Reference: Nationwide Permit Application dated June 5, 2006
Please find enclosed a copy of the revised PCN and permit drawings for the above referenced
project. As stated in the original application, the North Carolina Department of Transportation
(NCDOT) proposes to replace existing Bridge No. 53 on NC 102 over Swift Creek in Pitt
County. Please note however, the permit drawings in the original permit application package
depicted inaccurate wetland boundaries. As a result, wetland impacts will occur during
construction of the proposed project (see permit drawings). There are no additional impacts to
riparian buffers. T'he project schedule calls for a February 19, 2008 Let date with a review date
of January 1, 2008.
Revised Impacts to Waters of the United States
Permanent Impacts: Jurisdictional wetlands will be impacted by the proposed project.
Construction of the proposed project will result. in a permanent impact of 0.34-acre from
roadway fill and mechanized clearing in wetlands (see permit drawings).
Temporary Impacts: As stated in the original permit application, no temporary impacts to
jurisdictional resources will be necessary for the construction of this project.
Utility Impacts: As stated in the original permit application, no impacts to jurisdictional
resources will occur due to relocation of utilities in the project area. Existing utility lines are in
conflict with the proposed project; however, all utility work will be conducted outside of
jurisdictional areas.
MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION:.
NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 'I SOUTH WILMINGTON STREET
154$ MAIL SERVICE CENTER WEBSITE.' VVWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548
Compensatory Mitigation
The U.S. Army Corps of Engineers' interpretation of Nationwide Permits is that all impacts to
perennial streams or intermittent streams or wetlands that exhibit important aquatic function
require mitigation. Therefore, the remaining unavoidable impacts to 0.34-acre of wetlands will be
offset by compensatory mitigation.
Based upon the agreements stipulated in the "Memorandum of Agreement Among the North
Carolina Department of Environment and Natural Resources, the North Carolina Department of
Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), it is
understood that the North Carolina Department of Environment and Natural Resources
Ecosystem Enhancement Program (EEP), will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for NCDOT projects. The offsetting
mitigation will derive from an inventory of assets already in existence within the same 8-digit
cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources
to the greatest extent possible as described above. A copy of the EEP's acceptance letter will be
forwarded upon receipt.
Thank you for your time and assistance with this project. Please contact Tyler Stanton at (919)
715- 1439 or tstanton@dot.state.nc.us if you have any questions or need additional information.
Sincerely
~f
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc W/attachment:
Mr. John Hennessy, NCDWQ (5 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.F.., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. C. E. Lassiter, P.E., Division Engineer
Mr. Jay Johnson, Division 2 Environmental Officer
Cc 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
Mr. John Williams, P.E., PDEA
NCDOT TIP B-4231 Page 2 of 2
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(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:
NW 23
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: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, NC
Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794
E-mail Address:
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: Fax Number:
E-mail Address:
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmazks 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 maybe 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 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 aze
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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
B-4231
County: Pitt Nearest Town: Arden
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
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): -77.3994 °N 35.4709 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Neuse River
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/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: Rural with forested areas and scattered residential and
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
Replacement of the existing bridge structure with a 100-foot box beam bridge at
approximately the same location and sli hg_tl ~ higher roadway elevation of the existing
structure using top-down construction.
11. Explain the purpose of the proposed work: The bridge is considered to be structurally
deficient and functionally obsolete and the replacement will result in safer traffic operations
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.
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.
Page 3 of 9
1. Provide a written description of the proposed impacts: approach fill, utility access,
mechanized clearing
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,
se arately list im acts due to both structure and floodin .
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)
22+47-L- Permanent Fill Forested/Riverine Yes 0.216
22+47-L- Mechanized Clearing Forested/Riverine Yes 0.126
Total Wetland Impact (acres) 0.342
3. List the total acreage (estimated) of all existing wetlands on the property: 6 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 be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A
Total Stream Impact (by length and acreage) 0 0
Page 4 of 9
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A
Total Open Water Impact (acres) 0
6. List the cumulative im act to all Waters of the U.S. resulting from the roject:
Stream Impact (acres): 0
Wetland Impact (acres): 0.342
Open Water Impact (acres): 0
Total Irn act to Waters of the U.S. (acres) 0.342
Total Stream Impact (linear feet): 0
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.
N/A
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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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
Page 5 of 9
techniques to be followed during construction to reduce impacts. Use of an off-site detour
during construction construction of a 26-foot lon eg r single-span bridge, Best Mana eg ment
Practices will also be utilized during demolition of the existing bridge and construction of the
new bridge
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 maybe 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, available at
http: //h2o.enr.state.nc.us/ncwetlands/strmgide.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.
EEP
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
Page 6 of 9
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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0.34
Amount ofNon-riparian wetland mitigation requested (acres): 00
Amount of Coastal wetland mitigation requested (acres): 0
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 a NEPA/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 Meuse )? 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.
Page 7 of 9
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 9,425 3 (2 for Catawba) 0
2 4,920 1.5 0
Total 14,345 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 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 /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
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. See Stormwater Management Plan
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.
N/A
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:
N/A
Page 8 of 9
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).
I ~ I ~ v ~[,J
Applica"nt/A~knt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
NORTH CAROLINA
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NCDOT
DIVISION OF HIGHR'AYS
PITT COUNTY
PROJECT:3357~f.1.1 (B-231)
REPLACE BRG~ 53 OVER SWIFT
CREEg ON NC 102
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PRGdECT: 3357.1.1 (84231)
REPLACE BRG~ 53 ®VER SWIFT
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NAMES AND ADDRESSES
PARCEL NO. NAMES
ADDRESSES
1 MARY ALICE HUBBARD 110 SPRINGMOOR DR
RALEIGH, N.C. 27615
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DIVISION OF HIGHWAYS
PITT COUNTY
PROJECT:3357~.1.1 (B-4231)
REPLACE BRG~53 OVER SWIFT
CREEg ON NC 102
SHEET ~' OF ~ 0~/10®