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HomeMy WebLinkAbout20100311 Ver 1_Application_20100429 (2) BEVERLY EAVES PERDUE GOVERNOR April 26, 2010 0 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS Asheville Regulatory Field Office US Army Corps of Engineers 1 Attn: Ms. Liz Hair 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 EUGENE A. CON-171, JR. SECRETARY ?7c271 [ 9 0W9 APR 2 9Z010 DEW -WATER QUOLM yR;i MSANDSTORWATERWAJtCN Subject: Cabarrus County - Proposed Intersection Improvement Project Intersection of (SR 1394) Poplar Tent Road and (SR 1448) Cox Mill Road WBS Element No. 42488 Dear Ms. Hair: The North Carolina Department of Transportation (NCDOT) proposes to improve the safety of the intersection of Poplar Tent Road and Cox Mill Road in Cabarrus County by adding turn lanes to both roads. The need for the proposed project has been generated by the increased school bus traffic due to the construction of two new schools (elementary and high school) on Cox Mill Road. In order to construct this project, the existing bridge over Rocky River must be widened. A 20-foot by 20-foot temporary rock causeway will need to be constructed within the jurisdictional limits of the channel in order to construct a single 3-foot drilled shaft within the stream. Rocky River is a 303d impaired Class C water located within the Yadkin River Basin, Hydrologic Unit 03040105 The NCDOT anticipates that this project will be authorized under Section 404 Nationwide Permits No. 14 and 33; and, by way of this letter, we are also requesting authorization from the North Carolina Division of Water Quality to utilize the corresponding 401 Water Quality Certification GC3704 based upon the enclosed information. If you have any questions or need any additional information regarding this request, please contact Mr. Larry Thompson, Division Environmental Supervisor, at (704) 982- 0101. Thank you for your assistance. is r 716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 • Fax (704) 982-3146 ' WBS 42488 2 April 26, 2010 Sincerely, Barry S. Moose, PE Division Engineer BSM/LBT cc: Ms. Polly Lespinasse, NCDWQ Mr. Garland Haywood, BME Mr. Phil Suggs, FOE Mr. Larry Thompson, DES File o2?FyW Arrf9q oli? C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: N Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 and 33 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): N 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 N No For the record only for Corps Permit: ? Yes N 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 N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No 2. Project Information 2a. Name of project: Poplar Tent Road and Cox Mill Road Intersection Improvement 2b. County: Cabarrus 2c. Nearest municipality / town: Concord 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: WBS No. 42488 3. Owner information 3a. Name on Recorded Deed: 31b. 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 12 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 41b. Name: Barry S. Moose, PE 4c. Business name (if applicable): NC Department of Transportation 4d. Street address: 716 W. Main Street 4e. City, state, zip: Albemarle, NC 28001 4f. Telephone no.: 704-982-0101 4g. Fax no.: 704-982-3146 4h. Email address: bmoose@ncdot.gov 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 12 PCN Form - November 2008 Version B. Project Information and Prior Project History 1.. Property Identification 1a. Property identification no. (tax PIN or parcel ID): tb. Site coordinates (in decimal degrees): 35.408178'N - 80.731028'W 1c. Property size: 2.98 (ROW area for project) acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Rocky River proposed project: 2b. Water Quality Classification of nearest receiving water: C - (303d) 2c. River basin: Yadkin 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: The land use in the vicinity of the proposed project is a combination of cultivated fields and rural residential. Poplar Tent Road is a two lane roadway that has less than three feet of road shoulder on all approaches to Cox Mill Road. There is an existing two lane bridge over Rocky River east of Cox Mill Road. 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: Rocky River, a perennial stream in the Yadkin River Basin, runs from north to south through the proposed project area. The proposed right-of-way at the Rocky River bridge crossing is 60 feet. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to address safety concerns at the intersection of Poplar Tent Road and Cox Mill Road. This intersection receives a large amount of school bus traffic from Cox Mill Elementary School and Cox Mill High School. 3e. Describe the overall project in detail, including the type of equipment to be used: This project involves adding turn lanes on both Poplar Tent Road and Cox Mill Road. The bridge over Rocky River on Poplar Tent Road will need to be widened for the turn lane addition and will involved adding one new drilled shaft (3-foot in diameter) within the jurisdictional limits of the stream. A temporary rock causeway measuring 20-feet by 20-feet will be required to construct the drilled shaft. The equipment that will be required for the construction of this project will include: excavator, drill rig, motor grader, vibratory roller and paving equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown project (including all prior phases) in the past? 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): Polly Lespinasse Other: NC Division of Water Quality 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. March 18, 2010 and April 19, 2010 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 PCN Form -Version 1.0 November 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 61b. If yes, explain. I Page 4 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory 1. - Impacts Summary 1a. 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 Type of wetland Forested (Corps - 404, Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary T W1 ? P ? T ? Yes ? No ? Corps ? DWQ W2 ? P ? T E] Yes ? No El Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ?.Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? 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. 31. 3c. 3d. 3e. 3f. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number- impact intermittent(INT)? length Permanent (P) or (linear feet) Temporary (T) Drilled S1 ®P ? T Shaft (3 feet in Rocky River ® PER ? INT 44 Feet 3 Feet diameter) Temp. S2 ®P ? T Rock Causewa Rocky River ® PER ? INT 44 Feet 20 Feet y S3 ? P ? T ? PER ? INT S4 ? P ? T ? PER ? INT S5 ? P ? T ? PER ? INT S6 ?P?T ?PER ?INT 3 Feet 3g. Total stream and tributary impacts Permanent and 20 Feet Temporary Page 5 of 12 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 3h. Comments: Temporary rock causeway to measure 20 feet by 20 feet. Drilled shaft for bridge expansion is 3 feet in diameter. 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 o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: Page 6 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. - Pond or Lake Construction If and or lake construction pro osed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose 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 ou 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 (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? B1 ?P?T ?Yes ?No B2 ?P?T ?Yes ?No B3 ?P?T ?Yes ?No 61h. Total buffer impacts 6i. Comments: Page 7 of 12 PCN Form - November 2008 Version D. Impact, Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. An effort has been made to minimize permanent stream impacts by limiting the new road shoulder widths to six feet. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The temporary rock causeway will be constructed in such a way as to facilitate easy removal after the drilled shaft has been constructed. Equipment staging areas will be kept at least 50 feet away from Rocky River and erosion control measures will be installed prior to any work beginning. 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 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 8 of 12 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 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 Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. 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). 6d. Comments: Page 9 of 12 PCN Form - November 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? 1 b. If yes, then is a diffuse flow plan included? ? Yes ? No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties management programs (check all that apply)? ? El HQW ORW If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246 approved stormwater management plan. ® Other: NCDOT NCS000250 3b. In which local government's jurisdiction is this project? 3c. Is this local government certified to implement a state stormwater program? ? Yes ? No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. I nformation Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? 35% com ared to ROW area 4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No General Certifications 3704 and 3705? 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. Stormwater management plan will comply with NCDOT's best management practices and our individual NPDES permit NCS000250. 4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ® No for each stormwater BMP? Page 10 of 12 PCN Form -Version 1.0 November 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? 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 A 300), 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. 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 11 of 12 PCN Form - Version 1.0 November 2008 Version ?. Supplementary Information, continued 6. 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 GIS data layer, review of US Fish and Wildlife Service list of threatened and endangered species for Cabarrus County and a field review conducted by NCDOT biologists. 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? South Atlantic Fishery Management Council 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? National Register of Historic Places and NC State Historic Preservation Office 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 86. If yes, explain how project meets FEMA requirements: This project has been approved by NC Floodplain Mapping Program. 8c. What source(s) did you use to make the floodplain determination? Kenneth Ashe - Assistant Director, Office of Geospatial and Technology Management (NC Floodplain Mapping) Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 12 of 12 PCN Form - November 2008 Version Cabarrus County - WBS42488 Poplar Tent Road and Cox Mill Road Intersection Improvement m11 n ExtSTIVa PNED AACA h" AC W.5 S1 = 3 feet (drilled shaft) S2 = 20 foot by 20 foot temporary rock causeway Temporary Rock Causeway - Restoration Plan The bridge contractor, or his subcontractor, will be required to install a temporary rock causeway to facilitate the construction of a three foot drilled shaft for bent no. 1 within Rocky River. The purpose of the causeway is to keep drilling equipment out of the water and in position over the proposed shaft location. The causeway will be constructed using class II stone to establish a 20-foot by 20-foot basepad. A final layer of Class B stone will be added to the Class II base to establish a more level work pad. After the drilled shaft for bent no. 1 has been completed, the contractor will remove all remaining stone from Rocky River without over-excavating the streambed. The streambank within the vicinity of the causeway will be reseeded and covered with coir fiber matting, as needed, to help reestablish bank vegetation and prevent degradation. ?? ?•TM Poplar Tent Road and Cox Mill Road Intersection Improvement Project Cabarrus County - WBS42488 Location Map Feet 0 8,750 17,500 35,000 52,500 70,000 V N ? LL9 Am z 2- N A Y, 'R. R !mR o y R' A R .R ? ? - gg R R A p. ; "0 0 y0? a m??; F :ti Sr ?i YC e R? a g'? 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