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HomeMy WebLinkAbout20090045 Ver 1_Application_20090113 STATE OF NORTH CAROLINA o? ?qN Q? ^p '1? e0 sr?'?o DEPARTMENT OF TRANSPORTATION ''? ",k MICHAEL F EASLEY LYNDO TIPPETT GOVERNOR SECRETARY DIVISION 4 January 8, 2009 Mr William Wescott U S Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Mr Robert Ridings Wetlands/401 Unit NC DENR Division of Water Quality 2321 Crabtree Blvd Raleigh, NC 27604 1% r% 090 045 SUBJECT Stream Cleanout of Bernal Branch adjacent to crossline under SR 1350 (Old School Road) in Johnston County Dear Sirs The North Carolina Department of Transportation (NCDOT) proposes to remove accumulated sediment and debris from Bernal Branch adjacent to a crosshne pipe under SR 1350 (Old School Rd) This activity proposes to permanently impact a total of thirty- five (35) linear feet of stream channel, ten feet upstream from the crossline and twenty-five feet immediately downstream The NCDOT anticipates that this stream cleanout activity will be authorized under Nationwide Permit 3 (NWP 3) This application is also intended as a request for written authorization from the NC Division of Water Quality to proceed with a stream cleanout under General Water Quality Certificate # 3494 (NWP 3) Post Office Box 3165, Wilson, North Carolina 27895-3165 Phone (252) 6237-6164 Fax (252) 234-6164 FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES The Fish and Wildlife Service (FWS) currently list four federally protected species for Johnston County (Table 1). Table 1- Federally Protected Species of Johnston County Federal Habitat Biological Common Name Scientific Name Status Present Conclusion Red-cockaded Picoides borealis E N No Effect woodpecker Tar River Spinymussel Elliptio steinstansana E N No Effect Dwarf Wedgemussel Alasmidonta heterodon E N No Effect Michaux's sumac Rhus michauxii E N No Effect No element occurrences are listed on the NHP database within one mile of the project area. During the onsite visit, it was determined that there were no pine trees suitable for RCW foraging or nesting in, or adjacent to, the project area. There was also no habitat suitable for the Dwarf wedgemussel or Tar River Spinymussel. Michaux's sumac was not observed in project vicinity. This project is not likely to jeopardize the continued existence of any of the federally protected species listed in Johnston County. No sites eligible for listing on the National Register occur within the area of potential effect. This project will not affect listed or eligible historic properties. MINIMIZATION INFORMATION Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters and wetlands, restrictions against the staging of equipment in waters of the US, and coordination (including a pre-construction meeting) with the Division Environmental Officer. If you have any questions or need any additional information, please contact Chad Coggins, Division Environmental Officer at (252) 296-3532. Your time and effort are appreciated. Respectfully yours, l R. E. Cri eene, Jr., PE Division Engineer o?OF W A'rf;, ?_ H P -c Office Use Only. Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing I a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No If. Is payment into a mfigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-fieu fee program. Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: SR 1350 (Old School Rd) 2b. County: Johnston 2c. Nearest municipality / town: Four Oaks 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: Ricky E. Greene Div. 4 Engineer 4c. Business name (if applicable): NCDOT Div. of Highways 4d. Street address: PO Box 3165 4e. City, state, zip: Wilson, NC 27895-3165 4f. Telephone no.: 4g. Fax no.: 252-234-6174 4h. Email address: 5. Agent(Consultant Information (ff applicable) 5a. Name: Chad Coggins 5b. Business name (if applicable): NCDOT Div. 4 Environmental Officer 5c. Street address: same 5d. City, state, zip: same 5e. Telephone no.: 252-296-3532 5f. Fax no.: 252-234 6174 5g. Email address: B. Project Infonnation and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: 35.4490 Longitude: - 78.4884 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Bernal Branch 2b. Water Quality Classification of nearest receiving water: C NSW 2c. River basin: Neuse 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: Rural area saw mill adjacent to stream losing sediment into DOT roadside ditch flowing into blueline stream. 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: Accumulated sediment and debris have raised concerns of potential roadway flooding and safety 3e. Describe the overall project in detail, including the type of equipment to be used: Use mechanical highway equipment working from current roadway to remove debris and accumulated sediment 10 upstream and 25 feet downstream from current pipe crossing under SR 1350 thus restoring this stream to natural stream bed elevations (20% pipe invert). Also riprap roadside ditches to prevent additional erosion and sedimentation from upslope saw mill. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: shown on topo map and pics included ? Yes ®No ? Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations-0r State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes ® No Q Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary I a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ® Buffers ? 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. Wetland impact 2d. 2e. 2f. number - Type of impact Type of wetland Permanent (P) or Forested Type of jurisdiction (Corps - 404, 10 Area of impact (if known) Temporary DWQ - non-404, other) (acres) W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ UV3 ? p ? T ? Yes ? Corps ? No ? DWQ W4 ? POT ? Yes ? Corps ? No ? DWQ W5 ?P?T s ?No ?DWQ W6 ? P ? T Yes Corps ? N o ? DWQ 2g. Total wetland impacts 2h. Comments: 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. Stream im ?act pe 3c. Stream name 3d. Perennial 3e. Type of jurisdiction 3f. Average 3g. Impact numbe Permanent (PER) or intermittent (Corps - 404, 10 DWQ - non-404 stream width length (linear Tempora E (INT)? , other) (feet) feet) S1 ®P ? Bernal Branch PER ?INT Corps ?DWQ 6 35 S2 ? P ? El PER ? Corps ? INT ?DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps [] INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 35 3i. Comments: Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to fakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: S. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 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: Page 5of11 S. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? Riprap B1 ®P ? T PSflo?ppe Bernal Branch ® Yens 400 600 on B2 ? P ? T ? Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 400 600 6i. Comments: Riprap roadside ditch to prevent additional erosion and sedimentation from upslope saw mill Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Upon field investigation we decided to only remove sediment that could be reached from current roadbed due to adjacent wetlands 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Site will be dewatered with sheet piles and bypass pump. Strict enforcement of Best Management Practices for sediment and eroson control, the protection of wetlands and surface waters will be enforced. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In4ieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 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: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version S. 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 buffer mitigation? ? Yes CD No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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, perrnittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes No Comments: not changing stormwater outfall facility, not affecting any buffers 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 0% change in impervious surface.. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HOW 4a. Which of the following state-implemented stormwater 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 ? Yes ? No attached? 5. DWQ 401 Unit Stommater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) I a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? ® Yes ? No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ®No 1 c. If you answered 'es" 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 ® No or Riparian Buffer Rules (15A NCAC 28.0200)? 2b. Is this an after-the-fact permit application? ? Yes ® 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 additional development, which could impact nearby downstream water quality? O Yes No 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. 14. 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. Page 10 of 11 PCN Forth - Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act ? Y impacts? es No 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NHP GIS data layer 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? AFSA GIS layer and the fact that the base flow is only 6 inches deep with numerous obstruction within downstream reach. 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 status (e.g., National Historic Trust designation or properties significant in ? Yes No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Only working in stream channel within existing ROW 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC flood Map i Applicant/Agent's Printed Name nt/Agent's gnature Date (Agent's signature is valid only if an authozation letter from the applicant is provided.) Page 11 of 11 ACME Mapper 2.0 - 1.3 km ExNE of Four Oaks NC Page 1 of 1 r; • red ,P. r V q.V 4Rti 5, 1 :1?? 1 Fig. I Silt deposit on outlet end of crossline M J?g A?ib .. f Fig. 2 Road ditch on downstream side of crossline (Note heavy sediment accumulation) ..,. -tea ?e'?=v.* .. ? ? j •.'• tit ' z Fig. 3 Road ditch on upstream side of crossline