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HomeMy WebLinkAbout20100020 Ver 1_Application_20100113 STATE OF NORTH CAROLINA ltd, ? :, a? aYpsT /F,p DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A. CON, JR. GOVERNOR SECRETARY January 7, 2010 Mr. Brian Wrenn Division of Water Quality 401/Transportation Permitting Unit 1650 Mail Service Center vv Ur" 0 Z°` 0 Raleigh, NC 27699-1650 SUBJECT: Two pipe replacements on SR 1442 (Brookwood Road), Lincoln County Dear Mr. Wrenn: The North Carolina Department of Transportation requests authorization to replace two deteriorating pipes on SR 1442 (Brookwood Road) in Lincoln County. At site 1, NCDOT proposes to replace the existing 40-foot 48" CMP with a 40-foot 48" RCP. Due to the pipe gradient of 2.75%, NCDOT proposes not to bury the new pipe, as required by regulation. At site 2, NCDOT proposes to replace the existing 55-foot 30" CMP with a 56-foot 36" RCP with inlet headwall. The existing pipe is perched -2.5 feet which has created a large scour hole at the outlet. The new pipe will be placed on the same gradient as the old pipe (-3.5%) and a -10 rock ladder will be constructed to provide energy dissipation and to reconnect the pipe outlet invert to the downstream bed. Approximately 20 feet of Class II riprap will also be embedded into the streambed at the pipe outlet for scour protection. A temporary cofferdam pumping system will be used to divert the stream flow around the construction sites as needed. Areas affected by temporary cofferdam system will be restored back to pre-project conditions. The scope of work will result in 31 feet of permanent impacts to an unnamed tributary to Lick Run Creek, which is classified as Class C waters by the Division of Water Quality. The project is not located within % mile of a critical watershed area nor is SR 1442 a rural or urban arterial area; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill basin checklist. This office has conducted a GIS and field survey for the project for historical sites and threatened/endangered species sites. No sites listed on the National Register of Historic Places are located in the vicinity of the project nor did there appear to be any eligible structures. The federally listed species for Lincoln County (USFWS listed date January 31, 2008) include Michaux's sumac (Rhus michauxii) and the dwarf flowered heartleaf (Hexastylis nanii lora). National Heritage Program records document the nearest Michaux's Sumac location approximately 17.7 miles southeast (in Mecklenburg county) of the proposed project area. There are no known sites of Michaux's sumac in Lincoln County. The sumac is typically found in Post Office Box 47 Shelby, North Carolina 28151-0047 SR 1442 Page 2 January 7, 2010 sandy or rocky, open woods and appears to survive best in areas with some disturbance, such as artificially or naturally maintained clearings. There is no suitable habitat within the proposed project area and no species were observed. National Heritage Program records document the nearest dwarf-flowered heartleaf location approximately 3.6 miles north of the proposed project area. The heartleaf is usually found on dry to moist ravine slopes (usually north facing and of the oak-hickory-pine forest type) and in boggy areas near springheads. There is no suitable habitat within the proposed project area and no species were observed. The proposed project will have a finding of "no effect" on the dwarf-flowered heartleaf (Hexastylis naili fora) or Michaux's sumac (Rhus michauxii). I have enclosed a pre-construction notification for a NW#14, sketches of planned activities and location maps relative to the project. Project information for the 401 Automated Payment Procedure is as follows: • Work order number: 150457-55120005-12.205511-3126 • TIP#: NA • Project Category: $240.00 Fee If you have any questions or concerns please feel free to contact me at (704) 480-9044. Thank you for your time and consideration on this matter. Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: Trish Simon Division 12 Environmental Supervisor Enclosures cc Polly Lespinasse, Division of Water Quality, Mooresville Regional Office o2oF wA 2F;y h Y ? r o 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 la. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes N 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 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 1442 Brookwood Road (Two pipe replacements) 2b. County: Lincoln 2c. Nearest municipality / town: Lincolnton 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NCDOT Right of Way 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: Mike Holder 4c. Business name (if applicable): N.C. Department of Transportation, Division 12 4d. Street address: 1710 East Marion Street 4e. City, state, zip: Shelby, NC 28151 4f. Telephone no.: 704-480-9020 4g. Fax no.: 704-480-5401 4h. Email address: mholder@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Trish Simon 5b. Business name (if applicable): N.C. Department of Transportation, Division 12 5c. Street address: 1710 East Marion Street 5d. City, state, zip: Shelby, NC 28151 5e. Telephone no.: 704-480-9044 5f. Fax no.: 704-480-5401 5g. Email address: tsimon@ncdot.gov Page 2 of 11 PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): NA Latitude: 35.505337 Longitude: - 1 b. Site coordinates (in decimal degrees): 81.191084 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: <.10 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ut to Lick Run Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba 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: Pipes are on a paved secondary road. Landuse is residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 100 3d. Explain the purpose of the proposed project: The purpose of the proposed work is to replace two deteriorating pipes for the safety of the traveling public. 3e. Describe the overall project in detail, including the type of equipment to be used Site 1: NCDOT proposes to replace the existing 40-foot 48" CMP with a 40-foot 48" RCP. Due to the proposed gradient (2.75%) the proposed pipe will not be buried. Site 2: NCDOT proposes to replace the existing 55-foot 30" CMP with a 56-foot 36" RCP with an inlet headwall. The existing pipe is perched -2.5 feet. The new pipe will be placed on the same gradient as the old pipe and a ^10 rock ladder will be constructed to provide energy dissipation and to reconnect the pipe outlet invert to the downstream bed. Approximately 20 feet of Class II riprap will be embedded at the pipe outlet for scour protection. A temporary cofferdam pumping system will be used to divert the stream flow around the construction sites as needed. Area affected by temporary cofferdam system will be graded and restored back to pre-project conditions. All Best Management Practice's will be utilized during the course of the project. The Project will be constructed using typical heavy equipment (trackhoe, backhoe, 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? ? Yes ® No ? Unknown Comments: Jurisdictional stream determinations made by the Division 12 DEO. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5: 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 4 of 11 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 W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? 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 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 Site 2-Increase in Ut to Lick Run ® PER ® Corps 3.5 1 pipe length Creek ? INT ® DWQ S2 ®P ? T Site 2- Rock ladder/Streambed Ut to Lick Run ® PER ® Corps 3.5 30 Armor Creek ? INT ® DWQ S3 ? PEA T Site 2- Cofferdam Ut to Lick Run ® PER ® Corps 3.5 20 bypass pumping Creek ? INT ® DWQ S4 ? P ®T Site 1- Cofferdam Ut to Lick Run ® PER ® Corps 3.5 20 bypass pumping Creek ? INT ® DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ ? PER ? Corps S6 ? P ? T ? INT ? DWQ 3h. Total stream and tributary impacts 71 3i. Comments: Only impact at Site 1 is the Temporary cofferdam bypass pumping. Page 5 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 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. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (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: 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. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? ?Yes B1 ?P?T ? No ?Yes B2 ?P?T ? No ?Yes B3 ?P?T ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D.• Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Site #1- Due to the -3% proposed slope, new pipe will be placed at grade to minimize bed erosion at outlet and possible headcutting at inlet. 11b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Site #2- Rock ladder construction utilized at pipe outlet to provide energy dissipation to prevent further channel erosion and also to provide some habitat connectivity between the upstream and downstream channels. 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: 31b. 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: 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 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 ® 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: Page 8 of 11 PCN Form -Version 1.3 December 10, 2008 Version 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 ? 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: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? NA % 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Complies with NCDOT's individual NPDES permit NCS000250. 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? NA ? Phase II E] 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 Stormwater Program Review ? Coastal counties ? HQW 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) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 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 ® 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 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)? 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 ? 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. The project is classified as a minimum critieria project which has low potential for cumulative/indirect impacts and will not result in additional development which could impact water quality. 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 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? NC Natural Heritage Program database. 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? No salt marshes, oyster reefs, or seagrass beds in the vicinity of the project. 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? The State Historic Preservation Office resources and the National Register of Historic Places werer reviewed for historic sites in the vicinity of the project; however, the pipe replacement projects occur within a previously impacted area (NC DOT Right of Way). 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? FEMA FIRM panal number: 37014600436 M L. NaId_e, Of./ 7 ?r-i? 1--7-I0 Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only d an authorization letter from the applicant Date is provided.) Page I 1 of 11 PCN Form -Version 1.3 December 10, 2008 Version 1 PIPE REPLACEMENT Brookwoo Ro SR 1442 SAe 1- Lincoln County NC 1 \TrIEuTary of LICk Run Crk. I I 8N RC Spk In pp 506 6.00' ? pseumea I I I I I I I 1 I ' II Pbce rap move 1 ter 11 Ilne os neeeee I Ramovs EziaTlrq fibck xeoo.a I Aop.6d WA, NCOOT SH. aY.f ?q \ v+\ \6J\-' X Mpm2' 3'b' H % ?a• o0 N?, ?r o G)Q atreomee OM ee%wa Chaa aroU on raeeeQ No Scale 03:38:21 PM NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: I) County: T incnln Project ID: 12.205511 River Basin: Catawba Bridge No: NA Route: Two sites on SR 1442 (Brookwood Road) Stream: UT to Lick Run Creek Water Quality Criteria: Yes No Stream Crossing Blue Line On USGS r r ORW r r WSI C WS 11,111 OR W, Crossing Within 0.5n-ii of W.S. Critical Area Roadway Criteria: Route Designation- Arterial Urban Arterial Rural Additional Site Information: Is a Hazardous Spill Basin Required? 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A,co'` ? ? v 1 1 ??s -''' H? Gfo?s ?• p-1 yon J?/yam l \ /. t t '"?' ?? •• 1 1 L? ? p xti+r; ?° ,1? 1, / 1 rII' 13x1 ? II ?? 1, ` e. •? wf' j rl3rrla CISp11e1 o r. r r,,?-/ 4_ r?I a,T r +•. ` r r AA r 06 'Wale TpkM - Vicinity Map STATE OF NORTH CAROLINA Figure 2 ?? DEPARTMENT OF TRANSPORTA'riON SR-1442 Brookwood Road I Lincoln County SR 1442 Brookwood Road Site 1 Pipe replacement Lincoln County Outlet r ?'V cY Upstream Inlet Downstream SR 1442 Brookwood Road Site 2 Pipe replacement Lincoln County Outlet Inlet Downstream Upstream