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HomeMy WebLinkAbout20070263 Ver 1_Application_20070221v CJ ~ J~ V ~ ~~ ~~o n ~'~ '~ '~~a.wn STATE of NORTH CAROLINA ~~ ~~ FF ~~.~ , ~'~] ~~/~ i ~~~4~Yps'V~r. 2 ~ ~~ /,~//. .sT k~, DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY U.S. Army Corps of Engineers Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 February 15, 2007 ATTENTION: Ms. Jennifer Frye NCDOT Coordinator 07~2~3 SUBJECT: Nationwide 12 Permit Application for Cable Relocation on Bridge 11 (Isabel Holmes Bridge) on US 74/NC 133 over the Northeast Cape Fear, New Hanover County, Project Number: 15B.11 Please find enclosed a PCN application from the North Carolina Department of Transportation for a Nationwide 12 permit from the Army Corps of Engineers for the relocation of the subaqueous cables between Bents 15 & 16 on Bridge 11 (Isabel Holmes Bridge) on US 74/NC133 over the Northeast Cape Fear River in New Hanover County. The subaqueous electrical lines that operate the lifts which open the bridge for maritime traffic, need to be lowered from the existing - 40 elevation to -50 to avoid impact from the proposed USACE dredging of the channel in conjunction with the Wilmington Harbor Deepening Project. This project is scheduled for advertisement in March 2007, with a date of availability for construction in July 2007. IMPACTS TO WATERS OF THE UNITED STATES This project is located in the Cape Fear River Basin within USGS hydrologic unit 03030007 (subbasin 030623). The proposed project requires excavating a 230-ft x 15 ft wide x 10-ft deep trapezoidal trench within the navigational channel between Bent 15 and 16. The existing cables will be lowered into the trench, which will then be backfilled to approximately the proposed dredged depth. The proposed project will temporarily impact 0.08 acres of open water associated with the Northeast Cape Fear River that is classified as SC Sw waters by the Division of Water Quality. COMPENSATORY MITIGATION The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible. Trench slope designs have been reduced to 2:1 to minimize excavation. Any excess excavated material will be wasted in an approved upland site. No mitigation is being proposed for these minimal temporary impacts which are associated with the USACE Wilmington Harbor Deepening project. 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 NATURAL AND HISTORIC RESOURCES FEDERALLY PROTECTED SPECIES Species with the federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq.). The United States Fish and Wildlife Service lists ten federally protected species for New Hanover County. Based upon conversations with your office, due to potential migration of shortnose sturgeon (Acipenser brevirostrum) in the Northeast Cape Fear River, a moratorium prohibiting in-water work will be required for this project between February 1 through June 30. HISTORICAL RESOURCES Pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservations Regulations for Compliance with Section 106 codified at 296 CFR Part 800, this work has been reviewed for effects on historical and azcheological resources as part of the Wilmington Harbor Deepening Project. REGULATORY APPROVAL Section 404 Permit: The Department of Transportation is requesting to proceed under Nationwide 12 in accordance with 67 FR 2020, January 15, 2002. Section 401 Permit: As required under 401 Water Quality Certification 3374, we are providing DWQ with two courtesy copies of this application for their review. CAMA General Permit: In a separate application, NCDOT will be requesting authorization by General Permit from the Division of Coastal Management. If you have any questions or need additional information please contact feel free to contact me at (910) 251-5724. Sincerely, ~/ Mason Herndon Division 3 DEO cc: w/attachments Mr. David Wainwright, DWQ Raleigh (2 courtesy copies) Mr. Ken Averitte, DWQ Fayetteville (1 copy) 124 Division Drive, Wilmington, NC 28401 PHONE: (910) 251-5724 FAX: (910) 251-5727 Office Use Only' Form Version March OS USACE Action ID No. DWQ No. 2 0 0 7 0 2 6 3 (If any particular item is not applicable to this pm~ect, please enter °tvot Appucaoie- or -i~rr~ .~ 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: NWP 12 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: H Allen Pope P E Division 3 Engineer Mailing Address: North Carolina D~artment of Transportation 124 Division Dr. Wilmington N C 28401 Telephone Number: (910) 251-5724 Fax Number: (910) 251- 5727 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: Mason Herndon Company Affiliation: Division 3 Environmental Officer Mailing Address: North Carolina Department of Transportation 124 Division Dr WilminQtnn_ N C 28401 Telephone Number: (910) 251-5724 Fax Number: (910) 251- 5727 E-mail Address: mherndon~a dot state nc us Updated 11/1/2005 Page 5 of 12 III. Project Information 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: Isabel Holmes Bride Cable Relocation 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: New Hanover Nearest Town: Wilmington Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From I-40 E into Wilmington, turn right onto MLK Jr. Blvd (US 74), Bride 11 is located near the inter. of US 74 and Third Street . 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): 34.2518224 °N 77.9513036 °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Northeast Cape Fear River 8. River Basin: Cape Fear (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: The existing 2309 ft (23 span bridge was built in 1980 and serves as a crossing for US 74/NC 133 over the Northeast Caper Fear River. Commercial businesses (marinas & boating facilities) are adaicent to the bridge. Updated 11/1/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Project requires excavating a 230 ft x 15 ft x 10 ft deeptrench with a clam bucket to burn existing submarine cables that run between the interior bents in the USACE channel.. 11. Explain the purpose of the proposed work: To bur~existing,submarine cables below the proposed depth of the USACE Wilmington Hazbor dredging_project. 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.No permits have been previouslyrequested or acquired for this work. 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. No additional~ermit requests are anticipated at this time. 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. 1. Provide a written description of the proposed impacts: Proposed temp.impacts include excavating 851 cu ~s of material from the river bottom to burn the cables. Area of disturbance will be 3450 sq ft (0 08 ac) Updated 11/1/2005 Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but aze not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/dralnage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-yeaz Floodplain es/no Distance to Nearest Stream lineaz feet Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands qn the property:N/A 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 ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet Area of Impact acres N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A N/A 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, dred ing, floodin ,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) A NE Cape Fear River excavation river 0.08 Total Open Water Impact (acres) 0.08 Updated I1/1@005 Page 8 of 12 6. List the cumulative im act to all Waters of the U.S. resultin from the project: Stream Im act (acres): N/A Wetland Im act (acres): N/A O en Water Im act (acres): 0.08 Total Impact to Waters of the U.S. (acres) 0.08 Total Stream Impact (linear feet): N/A 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 N/A 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 may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and fmancial 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. Excavation was limited to death required to avoid impacts from dredaina operation and to meet state/federal burial requirements Any excess material after trench is backfilled will be wasted in an approved upland disposal area 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. Updated 11/1/2005 Page 9 of 12 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 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 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/strm~ide.html. 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. No mitigation is being proposed for this temp. open water impact and utilility relocation associated with the Wilmington Harbor dredgingproject. 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 Updated 11/1/2005 Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) 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 fmal approval letter. Yes ^ No ^ 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)? N/A 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. 3. Zone* Impact Multiplier Required (s uare feet Miti ation 1 3 (2 for Catawba) 2 1.5 Total N/A N/A * 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. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoratic Riparian Buffer Restoration Fund). Please attach within 15A NCAC 2B .0242 or .0244, or .0260. , N/A n /Enhancement, or Payment into the all appropriate information as identified Updated 11/1/2005 Page 11 of 12 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. Strict implementation of Sedimentation and Erosion Control BMPs will be enforced during construction to protect wetlands and waters of U.S. 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 anafter-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: Proposed work is a maintenance operation for an existing structure. XV. Other Circumstances (OptionaI): 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). N/A Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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