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HomeMy WebLinkAbout20170952 Ver 1_COE_permit_request_bridge8_20170802. �y,'STXtty�� .G� �r�•�S r� � - +__1 . �, �`'tt,'"-'";� S'I'ATE OF NORTH CAROLINA DEPAR'TNIEN��' OF TRANSPORTATION ROY COOPER GOVERNOK August 1, 2017 Attention: Kyle Barnes USACOE 2407 West Fifth Street Washington, NC 27889 1AMES H. TROGDON, III SECRETARY Subject: Request for a NW 3& 12 404 permit, 401 and Buffer certification for the replacement of Bridge # 8(B-5602) over Burgess Mill Creek (Rutman Creek) on US 264 in Hyde County. WBS # 17BP.1.R.82 Dear Mr. Barnes, The North Carolina Department of Transportation is requesting the issuance of a NW 3& 12 Permit, corresponding DWR 401 certifications and Tar-Pam buffer authorization for the replacement of Bridge # 8 over Burgess Mill Creek on US 264. The bridge is located over Mill Creek (Rutman Creek), which drains to the Pungo River approximately 1.5 mile downstream. Mill Creek carries the division of water resources classification of SC, NSW. The NCWRC and NCDMF provided comments on any potential in-water work moratoriums, regarding fishery related activity. No in-water work moratoriums will be required. This region of Hyde County is within the Tar-Pamlico River Basin. The Division of Water Resources considers Mill Creek, subject to the DWR buffer rules, buffer zones have been identified within the project area. The bridge design has accounted for avoidance and minimization efforts for wetland and buffer impacts, which are described in the PCN and illustrated in the provided permit drawings. Bridge # 08 was built in 1955, and consists of a 175' long X 30' wide, 14-span steel girder on timber piles and cap structure with an asphalt wearing surface and concrete bridge rails. This structure will be entirely removed using NCDOT's BMP's and guidelines for bridge removal. The proposed bridge will be replaced on its existing alignment. The new bridge will be a 4-span structure totaling, 210' in length by 33' wide. It will be comprised of a precast concrete deck and substructure. Jurisdictional wetland and surface water impacts have been avoided and minimized to the maximum extent practicable. This effort is detailed in the PCN 1 13 Airport Dr., Suite 100, Edenton, NC 27932 — Phone: (252) 482-1850 Fax: (252) 482-8722 avoidance and minimization section. The resulting permanent coastal wetland impact associated with roadway shoulder fill and riprap dissipater pad (site 3) are 0.06 acres (2613 sq. ft.). Impacts of 0.09 acres of 404 wetlands (site 1, 2& 4) are associated with the roadway shoulder fill. The coastal wetland component of this project has been mitigated for through the division of mitigation services. The mitigation acceptance letter has been included with this request. Surface water impacts are 0.02 acres, resulting from slope stabilization along the roadside drainage feature on the southwest quadrant. Tar-Pamlico Buffer Impacts are associated with the roadway bridge approach widening and bridge structure. These are considered allowable impacts for stream crossings and total 859 sq. feet in Zone 1 and 1582 sq. feet in Zone 2. The impacts are detailed on the provided permit drawings. There will be no deck drains located on the bridge. Traffic will be detoured off- site and there will be no impacts associated with the detour route. Included with this letter are the location map, permit drawings, and PCN form. If you have questions please call me at (252) 482-1876 or 252-312-3692. The permit fee can be charged to WBS # 45557.1.1. Sincerely, Jerry Jennings Division One Engineer . . �� '✓ <�C�"'�i' Clay Willis Divis�on One Env�romnenf�l Dfficer CC: Garcy Ward, DWR Kristi Carpenter, DWR 113 Airport Dr., Suite 100, Edenton, NC 27932 — Phone: (252) 482-185� Fax: (252) 482-8722 �a�p W A T'fi^'O � �� G '� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: X Section 404 Permit Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NW 3& 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? X Yes No 1 d. Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification — Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification — Express X Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: Yes X No Yes X No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu Yes X No fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h X Yes No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? X Yes No 2. Project Information 2a. Name of project: IBridge Replacement # 8 US 264 2b. County: IHyde 2c. Nearest municipality / town: IBelhaven 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 45557.1.1 3. Owner Information 3a. Name(s) on Recorded Deed: INCDOT R-O-W 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if INCDOT applicable): 3d. Street address: 113 Airport Drive , Suite 100 3e. City, state, zip: Edenton, N.C. 27932 3f. Telephone no.: 252-482-1876 / 252-312-3692 3g. Fax no.: 3h. Email address: cwillis ntdat. ov Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant lnformation (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.; 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NCDOT ROW — US 264 1b. Site coordinates (in decimal degrees): Latitude: 35.5671 Longitude: -76.4468 1 c. Property size: 1 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: IPungo River 2b. Water Quality Classification of nearest receiving water: C NSW 2c. River basin: Tar-Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Land use within the project vicinity consist of primarily row crop agriculture, forested timber land and rural residential home sites. The US 264 highway corridor and bridge # 8 have been a part of this project area use for more than 50 years. 3b. List the total estimated acreage of all existing wetlands on the property: 0.75 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 60' (along main stem o Mill Creek (Rutman Creek) at the bridge. The adjacent roadside canal/ditch paralleling US 264 is approximately 300' on the southeast quadrant. 3d. Explain the purpose of the proposed project: The purpose of this project is to replace an aging bridge structure that has received deficiency ratings, qualifying itfor replacement. NCDOT wants to maintain US 264 as a safe and reliable travel route for the public. The replacement of this aging structure will insure highway connectivity and long term use of US 264 in Hyde County. This route is important to commerce and provides a major east/west thoroughfare between the NC Piedmont and Eastern NC. 3e. Describe the overall project in detail, including the type of equipment to be used: Replacing an existing 14 span -175 ft. x 3o ft. bridge with a new 4- span bridge structure measuring 210 ft. X 33 ft. Upon completion of the structure, NCDOT will have to rebuild the roadway approaches on either end of the bridge. This will involve some minor widening of the roadway bridge approaches and some bank stabilization along the roadway shoulder canal/ditch. This will be done with top down construction utilizing and off-site traffic detour. There will be no deck drains located on the new bridge. The existing bridge will be removed in its entirety, by following NCDOT BMPs and guidelines for bridge removal. The bridge approach roadway sections will have to be slightly widened and increased in elevation to match the new bridge structure design. The bridge replacement will require the relocation of a Hyde county water line, Century Link communication line, and temporary relocation of a Hydeland EMC powerline (2 power poles). The water line and century link line will be relocated by a boring operation. There will be no impacts associated with the water line or century link bore, it is proposed to go from high ground to high ground. The temporary power pole relocation will involve approximately 40 sq. ft. of hand clearing in the wetland to place the guide wire. Following project completion, the power poles will be relocated back to their original position. The proposed work is illustrated on the provided permit drawings. The new bridge will be built using cranes, excavators, backhoes, durtt trucks, and small equipment associated with bridge construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream d�ferminations by the X Yes No Unknown Corps or State been requested or obtained �for this property / Comments: ro'ect includin all rior hases in the ast? 4b. If the Corps made the jurisdictional determination, what type X Preliminary Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Clay Willis Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History Page 3 of 10 PCN Form — Version 1.4 January 2009 5a. Have permits or certifications been requested or obtained for Yes X No Unknown this project (ineluding all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Yes X No 6b. If yes, explain. Page 4 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): X Wetlands Streams - tributaries Buffers X Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Area Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Tem orar T Site 1 IPermanent Fill Hardwood/ Pine Bottomland Mix X 404 0.02 Temp. Hand Clearing Hardwood / Coastal Fringe X 404/Coastal 0.03 Site 2 IPermanent Fill Hardwood/Pine Scrub Mix X 404 0.05 Temp. Hand Clearing Hardwood/Pine Scrub Mix X 4Q4 0.04 Site 3 Permanent Fill Coastal mixed scrub X 404/Coastal 0.06 Temp. Hand Clearing Coastal mixed scrub X 404/Coastal 0.04 Site 4 Permanent Fill Road shoulder fringe wetland X 404 0.02 emp. Hand Clearing Road shoulder fringe wetland X 404 0.006 2g. Total Wetland Impacts; 0.26 2h. Comments: Of the 0.26 acres of Total Wetland Impacts accumulated, there are 0.12 acres that are temporary hand clearing and will be allowed to revert back upon project completion. Ther�fore the total permanent wetland fill associated with the roadway approach widening is 0.14 acres. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 39� Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 0 3i. Comments: None Page 5 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individuall list all o en water im acts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable Type of impact Waterbody Area of impact (acres) Permanent (P) or type Tem orar T Site 4 Permanent Roadside Canal/ditch rip-rap fill Warm 0.02 4f. Total open water impacts 0.02 acres 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated 5f. Total: 5g. Comments: None 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres}; 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse X Tar-Pamlico Catawba Randleman Other: 6b. 6c. 6d. 6e. Buffer 6f. 6g. Buffer Impact Reason for impact Stream mitigation Zone 1 Zone 2 number- name required? impact impact Permanent (P) or (square (square Tem orar T feet feet (P) Permanent Bridge widening Mill Creek (Rutman) 16 sq.ft. :19 sq. ft. (P) Permanent Roadway widening Mill Creek (Rutman) 443 sq. ft. 1563 sq. ft. 6h. Total Buffer Impacts: 359 sq. ft. 1582 sq. ft. 6i. Comments: Approximately 500 sq. ft. of the calculated buffer impacts is associated with hand clearing 5 feet beyond the toe of fill. That area will be allowed to revert back to preconstruction vegetated condition, following project completion. Page 5 of 10 D. Im act Justification and Miti ation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. NCDOT minimized the roadway width by narrowing the shoulders and bridge width to the minimal amount allowable with the design speed and roadway geometry. The roadway shoulder fill has been set at a 2:1 slope to reduce the foot print extending into the wetlands. NCDOT typical shoulder slopes are preferred to be 4:1 or greater. NCDOT has also extended the bridge le�gth, while significantly reducing the number of support bents located in Mill Creek (Rutman). The existing bridge has 14 support bents and associated pilings, while the new bridge only has 4 bents. This reduces pilings in the main stem of Mill Creek and enhances hydraulic movement of water through the channel. NCDOT has also been able to restore some of the natural flood plain, by making the bridge 35 feet longer. This will allow for approximately 1200 sq. ft. of old approach fill to be removed from the floodplain and restored to an elevation of 1 ft., which closely matches the adjacent wetland elevation. The new bridge design has eliminated any direct discharge to surface waters and routed storm water to a drop inlet located more than 50 ft. from Mill Creek, allowing for diffuse flow through vegetated buffer. The existing bridge demolition will follow NCDOT BMP's for bridge demolition work. Erosion and Sediment control plans have been designed and will be followed to retain any runoff from construction activities. An off-site detour is being utilized to eliminate an additional wetland and surface water impacts that would be associated with an on-site detour. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Top down construction techniques allows the contractor to build the bridge within the existing foot print and reduce impacts. Utilizing BMPs for bridge demolition will capture all components of the old structure. Erosion and Control measures will be placed along the entire project area to reduce soil runoff. A turbidity curtain can be utilized along the banks of Mill Creek to capture any siltation that may occur during project construction. The utilization of precast concrete materials, reduces the potential for uncured concrete entering the adjacent waters. 2. Com ensato Miti ation for Im acts ta Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for Yes X No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): DWQ Corps Mitigation bank 2c. If yes, which mitigation option will be used for this payment to in-lieu fee program project? Permittee Responsible Mitigation 3. Com lete if Usin a Miti ation Bank 3a. Name of Mitigation Bank: Type: Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: -�ype: Quantity: 3c. Comments: N/A 4. Com lete if Makin a Pa ment to In-lieu Fee Pro ram 4a. Approval letter from in-lieu fee program is attached. 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: None Required 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a descrip#ion of the pro�osed mitigation plan. Page 6 of 10 PCN Farm —Uersion 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Project is located in the Tar-Pamlico Basin. NCDOT will impact a total of 2441 sq. ft. of allowable buffer impacts, associated with a perpendicular bridge crossing over Mill Creek (Rutman). Of the 2441 sq. ft. of impact, approximately 500 sq. ft. is hand clearing and will be allowed to revert back to pre-project condition. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified X Yes No within one of the NC Ri arian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. X Yes No 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? N/A 2b. Does this ro'ec# re uire a Stormwater Mana ement Plan? X Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: NCDOT will follow BMP's to control storm water and erosion/sedimentation to the maximum extent practicable in compliance with NCDOT's NPDES permit. The bridge design directs storm water off the deck, to a vegetated point located over 50 feet from Mill Creek. 2e. Who will be responsible for the review of the Stormwater Management Plan? I�CDWR 3. Certified Local Government Stormwater Review N/A 3a. In which local vvemmenYs'urisdiction is this ro'ect? ��A Phase II 3b. Which of the following locally-implemented stormwater management programs NSW a I check all that apply): N/A USMP pp Y i Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? N/A 4. DWQ Stormwater Pro ram Review X Coastal counties hqw 4a. Which of the following state-implemented storm water management programs apply ORW (check all that apply): Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been X Yes No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A Yes No 5b. Have all of the 401 Unit submittal requirements been met? N!A Yes No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the X Yes No use of public (federalfstate) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State Yes X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Yes No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? Yes X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s); 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. None 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or X Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act X Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have c�ontacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Listed species for Hyde County. There is habitat for the West Indian Manatee, NCDOT will follow USFWS guidance for Avoiding Impacts to Manatee. With regards to the Northern Long Eared Bat: The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), fhe US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-$, including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO provides incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Hyde County , where Bridge # 8 is located. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS — Data Set for North Carolina 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Office Review, concurrence attached 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? X Yes No 8b. If yes, explain how project meets FEMA requirements: Bridge design will not increase flood plain elevations 8c. What source(s) did you use to make the floodplain determination? USGS Flood plain maps and hydraulic engineer review G/ d � l� � ��%!.�'� �1/� I 7-�' G1/ 5 � ApplicanUAgent's Printed Name Applicant/Agent's Signature (a,gent�s Date signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10