HomeMy WebLinkAbout20090252 Ver 1_Application_200903121
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
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
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D
EUGENE A. CONTL JR.
SECRETARY
®90252
Mr. Robert Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
SUBJECT: Stream Cleanout of UT to Swift Creek adjacent to crossline under SR 1577
(Wellons 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 crossline pipe under
SR 1577 (Wellons Rd.). This activity proposes to permanently impact a total of 200 linear
feet of stream channel downstream of crossline as well as replace the undersized crossline.
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).
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list four federally protected species for
Johnston County (Table 1).
-_- - _°J
(252) 237-6164 x 3532 ccoggins@ncdot.gov
Post Office Box 3165, Wilson, North Carolina 27895-3165
Table 1- Federally Protected Species of Johnston County
Common Name
Scientific Name
Federal Habitat
Status Present
Biological
Conclusion
Red-cockaded Picoides borealis E N No Effect
Tar River Spinymussel Elliptio steinstansana E N No Effect
Dwarf Wedgemussel Alasmidonta heterodon E N No Effect
Michaux's sumac tutus michauxii E N No Effect
Two element occurrences are listed on the NHP database within one mile of the project
area. However they are not federally listed species. Also GIS does indicate that Swift
Creek has known occurances of Dwarfwedge mussel. However due to fact this stream is
interment in nature and located adjacent to active agriculture and ranching operations
unnamed tributary is not suitable mussel habitat. 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. 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.
l
Respectfully ours,
R. E. eene, Jr., PE
Division Engineer
(252) 237-6164 x 3532 ccoggins@ncdot.gov
Post Office Box 3165, Wilson, North Carolina 27895-3165
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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
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
I c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
Id. 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 mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in4eu
fee program.
Yes
El
®No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ®No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ®No
2. Project Information
2a. Name of project: SR 1577 (Wellons)
2b. County: Johnston
2c. Nearest municipality /town: Smithfield
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 'rf
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.: 252-237-6164x3501
4g. Fax no.: 252-234.6174
4h. Email address: rareeneCalncdot.oov
5. AgentfConsultant Information (if applicable)
5a. Name: Chad Coggin
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: ccopgins(ri)ncdot.aov
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
Ia. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: 35.5524 Longitude: - 78.4302
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UT to Swift Creek
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 farming and cow pastures
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 flooded roadway and caused excessive erosion of dirt road
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 200
downstream from current pipe crossing under SR 1350 thus restoring this stream to natural stream bed elevations (20%
pipe invert). Also replace undersized pipe under roadway.
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 pits 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 or State determinations and attach documentation.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ®No ? 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
la. 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. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Tem ora
W1 ? P ? T [I Yes
? No ? Corps
? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes
? No ? Corps
? DWQ
W4 ? P ? T ? Yes
? No ? Corps
? DWQ
W5 ? P ? T ? Yes
? No ? Corps
? DWQ
T
W6 ? P ? ? Yes
? No ? Corps
? DWQ
2g. Total wettand 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. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Sediment removal UT of Sniff Creek ? PER
® INT ® Corps
? DWQ 3 200
S2 ? P ? T ? PER
? INT Corps
? DWQ
S3 ? P ? T ? PER
? INT ? Corps
? DWQ
S4 ? P ? T ? PER
? INT ? Corps
? DWQ
S5 ? P ? T PER
? INT ? Corps
? DWQ
? PER ? Corps
$6 ? P ? T ? INT ? DWQ -
3h. Total stream and tributary impacts 200
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 lakes, 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:
5. 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 5 of 11
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 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. 69.
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?
Access ? Yes
B7 ®P ? T to UT to Swift Creek ®No 4000 0
stream
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 4000 0
6i. Comments: mainly removal of shrubs and small trees few larger trees will need to be cleared
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
I a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Dewatering and EC will be used on project
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 erosion 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?
pro ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete N 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 In-lieu 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:
S. Complete ff Using a Penniftee 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
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
buffer mitigation? ? yes ®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,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stonnwater 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 ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes No
Comments: returning stormwater outfall facility to pre-existing condition
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 Stonmwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local governments jurisdiction is this project?
? Phase II
? NSW
3b . Which of the following locally-implemented stormwater management programs ? 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 Stortnwater 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 Stormwater Review
5a . Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b . Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federallstate/Iocal) funds or the ® Yes ? No
use of public (federallstate) land?
lb. 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 ® 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
? Yes ? No
letter.) .
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 213 .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 D Yes ®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.
Page 10 of 11
PCN Form - 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 ? Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ®No
impacts?
? Raleigh
Sc. If yes, indicate the USFWS Field Office you have contacted.
? 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 fad 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 ? Yes ® 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?
Topo maps, National register of historic places and site visit revealed only open active farm fields
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, eplain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC flood Map
Applicant/Agent's Printed Name Agent' Si ature Date
(Agent's signature is valid only if an autho ' tion letter from the applicant
is provided.)
Page 11 of 11
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