HomeMy WebLinkAbout20090876 Ver 1_Application_20090812a
STATE OF NORTH CAROLINA
?? nA
DEPARTMENT OF TRANSPORTATION A?
BEVEREY EAVES PERDUE EUGENE A. CONTI, .IR.
Govi,R,wiz Sfl( RE I ARY
August 10, 2009
NCDENR-DWQ
Transportation Permitting Unit 2321 Crabtree Boulevard, Suite 250 090876
Raleigh, NC 27604
Attention: Rob Ridings
NCDOT Coordinator
Subject: Maintenance repair activity at a failed hydraulic pipe system on Wade Avenue
(southwest of Wade Avenue and I-440 interchange) in Wake County. TIP No. R-
4436. WBS Element No. 34625. 1.1
An 18 inch concrete pipe was installed under Wade Avenue southwest of the Wade Avenue and
1-440 interchange quite a long time ago. Some type of significant failure has occurred at this site
since the installation. Several pipe segments have become detached from the hydraulic system
and the stream has now undercut approximately 20 feet below adjacent natural ground. The
NCDOT proposes to replace this failed hydraulic system. The repairs include installation of an
emergency spillway, riser basin, drop inlet, open throat catch basin, pipe structures to convey the
water and a Class I rip rap dissipater pad at the outlet of the 54 inch pipe structure.
Impacts to Waters of the United States and Riparian Buffers
The repairs will result in impacts to an unnamed tributary to House Creek (NCDENR-DWQ
Index No. 27-33-13, Best Usage Classification C NSW, 8-digit HUC 03020201) in the Neuse
River Basin. Information concerning these impacts are presented in Permit Drawing Sheets 1-4.
Stream Permanent Impacts
Construction activity will result in an impact to the stream. The impact is summarized below:
• 97 linear feet of stream impact associated with installation of the pipe segments and Class
I rip rap dissipater pad at the outlet of the 54 inch pipe structure (fill in surface water).
Rip rap will be installed in the flow line of the stream and on the streambanks.
Stream Temporary Impacts
The NCDOT proposes to temporarily dewater the stream in the work zone during construction
for approximately three weeks. Dewatering will be done within the limits of the stream impacts
noted above.
Riparian Buffer
Construction at this site involves the road crossing of a stream that is subject to the Neuse River
Buffer Rules. The stream is not depicted on the most recent version of the Raleigh West
Division Five-2612 North Duke Street, Durham, North Carolina 27704
lelephonc: 919-220-4600 Fax: 919-560-3371
2
topographic quadrangle (USGS, 1968, 1988) (Figure 1). However, the stream is depicted on the
Soil Survey of Wake County (USDA-SCS, 1970) (Figure 2). The NCDENR-DWQ has
previously determined that riparian buffers exist below the existing pipe outlet. Construction
impacts at this site total 5,284 square feet in Zone 1 and 2,000 square feet in Zone 2 (totaling 97
linear feet of riparian buffer impacts). Based on the impacts to the riparian buffer at this site, this
crossing is ALLOWABLE. Temporary erosion control measures will be installed as required
within the permitted buffer footprint.
Waters of the U.S. Mitigation
Avoidance:
Permanent impacts to the streams cannot be avoided. The existing failed structures must be
repaired.
Minimization:
The proposed rip rap on the streambanks has been minimized as much as possible while
providing the required long-term stability.
Compensatory Mitigation:
Compensatory mitigation will be provided at the request of the regulatory agencies.
Summary
Application is hereby made for a NCDENR-DWQ Section 401 Water Quality Certification
(WQC) 3687 and Neuse River Buffer Authorization. The NCDOT proposes to use Department
of the Army Section 404 Nationwide Permit (NWP) 3; however, this permit does not require
submittal of a PCN to the USAGE. An automated payment procedure has been implemented
between the NCDOT and NCDENR-DWQ. This procedure will enable the Division to apply for
the 401 WQC without submitting a check for this permit application. This procedure will provide
payment to the NCDWQ by charging the permit application fee directly to the appropriate
NCDOT WBS Element No. 34625.1.1. A pre-construction notification and permit drawings are
attached with this request. If you have any questions or need additional information, please
contact Mr. Chris Murray at (919) 220-4633.
Sincerely,
TJ/
J. W. Bowman, P.E.
Division Engineer
c: Division 5 file, NCDOT
Brian Lipscomb, NCDOT
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Office Use Only:
Corps action 1D no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 3 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1d. 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
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
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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No
2. Project Information
2a. Name of project: Maintenance repair activity at a failed hydraulic pipe system on Wade Avenue in Wake
County
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: R-4436
3. Owner Information
3a. Name(s) on Recorded Deed: NCDOT (J.W. Bowman, P.E.)
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: Division 5 Office, 2612 N. Duke Street
3e. City, state, zip: Durham, NC 27704
3f. Telephone no.: (919) 220-4600
3g. Fax no.: (919) 560-3371
3h. Email address: wbowman@ncdot.org
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (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
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
ta. Property identification no. (tax PIN or parcel ID): N/A
1 b. Site coordinates (in decimal degrees): Latitude: 35.803203 Longitude: -
78.7002641
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.3 ac acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UT to House Creek
2b. Water Quality Classification of nearest receiving water: C NSW
2c. River basin: Neuse River Basin
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:
Wooded land
3b. List the total estimated acreage of all existing wetlands on the property:
0.0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
97 linear feet on property
3d. Explain the purpose of the proposed project:
Maintenance repair activities at a failed hydraulic pipe system on Wade Avenue in Wake County
3e. Describe the overall project in detail, including the type of equipment to be used:
Equipment will include backhoe, crane, excavator, etc.
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:
? Yes N 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.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes N No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes N No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 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. 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)
Temporary T
? Yes ? Corps
W1 ? P ? T ? No ? DWQ
? Yes ? Corps
W2 ? P ? T ? No ? DWQ
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
? Yes ? Corps
W5 ? P ? T ? No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts 0.0 acre
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 Fill and rip rap UT to House
Creek ® PER
? INT ® Corps
® DWQ 10 ft 97 ft
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
? PER ? Corps
S3 ? P ? T ? INT ? DWQ
? PER ? Corps
S4 ? P ? T ? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ?DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts 97 ft
3i. Comments:
Page 4 of 10
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 individually list all open water impacts below.
4a.
Open water
impact number
- Permanent
(P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody type 4e.
Area of impact (acres)
Ot ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.0 ac
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then com lete the chart below.
5a.
Pond ID 5b.
Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
51h. 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 10
PCN Form - Version 1.3 December 10, 2008 Version
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 any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ?Tor-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
131 ®P ? T Pipe ? Yes 5,284 sf 2,000 sf
maintenance ® No
62 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 5,284 sf 2,000 sf
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Rip rap has been reduced to minimum amount necessary to provide long-term stability.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction equipment will not be allowed outside of permitted stream and buffer impact. Further minimization will occur
on-site during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® 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 project? ? 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
Page 6 of 10
PCN Form -Version 1.3 December 10, 2008 Version
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:
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.
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
61b. 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 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
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?
1b . If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Permit application only involves maintenance repair at a failed site. No ? Yes ®No
new impervious surface is being added to the project in conjuction with this activity.
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? N/A %
2b . Does this project require a Stormwater Management Plan? ? Yes ®No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Perm it application only involves
maintenance repair at a failed site. No new impervious surface is being added to the project in conjuction with this
activity.
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWO 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
31b . Which of the following locally-implemented stormwater management programs El 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 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 8 of 10
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 (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) 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 ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
21b. 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 ? Yes No
additional development, which could impact nearby downstream water quality?
31b. 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.
N/A
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. 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
El
5c. 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?
On-site evaluation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
61b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Available mapping.
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?
Consultation with the State Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
81b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Consultation w/ NCDOT hydraulics unit.
9?r??d 9
k Tor
or
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version