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HomeMy WebLinkAbout20100309 Ver 1_Application_20100428t2?? S STATE OF NOR"hH CAROLINA 4Ny 19 atosr ?? ?0 ??zry DEPARTMENT OF TRANSPORTATION Iq BrvrRrv EAVES PERDUE EUGENr A. CoN'n, JR. GOVERNOR SECRUARY April 22, 2010 Ms. Liz Hair Asheville Regulatory Field Office ?y US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Bank Stabilization in two sections along SR 1880 (St. James Church Road). Catawba County Dear Nis. Hair: The North Carolina Department of Transportation requests authorization to stabilize an eroding embankment along SR 1880 (St. James Church Road) in Catawba County. At the northernmost site, NCDOT proposes to shift a 68 ft section of stream channel away from SR 1880 in order to stabilize the roadway embankment. The channel will be shifted -15 feet and reconstructed, which will result in a loss of 26 linear feet of stream channel (42 ft of channel will be constructed). "File outer bed of the streambank/roadway embankment will be stabilized using 55 feet shot rock, which will extend -2 ft below the streambed elevation to prevent undermining. At the southernmost site, it is also necessary to shift a 56 ft section of stream channel away from SR 1880 in order to stabilize the roadway embankment. The channel will be shifted -IS feet and reconstructed, which will result in a loss of 18 linear feet of stream channel (38 ft of channel will be constructed). The outer bed of the streambank/roadway embankment will be stabilized using 60 feet shot rock, which will extend - 2ft below the streambed elevation to prevent undermining. 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 115 feet of bank stabilization impacts and 45 feet of stream loss due to stream relocation (impacts are located in the same area as the bank stabilization) of Long Branch, 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 1880 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 CIS 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. Post Office Box 47 Shelby, North Carolina 28151-0047 SR 1880, St. James Church Road Page 2 April 22, 2010 The federally listed species for Catawba County (USFWS listed date January 31, 2008) include the dwarf Flowered heartleaf (Fle.cos/vUs nuniJlao). National Heritage Program records document the nearest dwarf-flowered heartleaf location approximately 4.0 miles south of the proposed project area. The heartleaf is usually found on dryto 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. It is anticipated that the proposed project will have no impact on the dwarf-flowered heartleaf (He astylis ?xutrJluru). ' I have enclosed a pre-construction notification for a NW913 and #27, 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: 150460-55120005-12.20 18 11-3112 • 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 Em,ineer Twelfth Division BY: Trish Simon Division 12 Environmental Supervisor Enclosures Cc: Brian Wrenn, Division of Water Quality, 401/1'ransporation Permitting Unit Polly Lespinasse, Division of Water Quality, Mooresville Regional Office _ ?o/, v'J'arya WLL1 Office Use Only: I 1 > Corps action ID 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 El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 13, 27 or General Permit (GP) number: tc. 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 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 1880, St. James Church Road (Bank Stabilization - Two sites) 2b. County: Catawba 2c. Nearest municipality / town: Newton 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no, 12 101811 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 12 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 12 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA Latitude: 35.6000751 Longitude: - 1b. Site coordinates (in decimal degrees): 81.1907638 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 10 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Long Branch 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: 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: 125 3d. Explain the purpose of the proposed project: The purpose of the proposed work is to stabilize an eroding streambank at two locations located adjacent to SR 1880 for the safety of the travelling public. 3e. Describe the overall project in detail, including the type of equipment to be used North site: NCDOT proposes to shift a 68 ft section of stream channel away from SR 1880 in order to stabilize the roadway embankment. The channel will be shifted -15 feet and reconstructed, which will result in a loss of 26 linear feet of stream channel (42 ft of channel will be constructed). The outer bed of the streambank/roadway embankment will be stabilized using 55 feet shot rock, which will extend -2 ft below the streambed elevation to prevent undermining. South site: NCDOT proposes to shift a 56 ft section of stream channel away from SR 1880 in order to stabilize the roadway embankment. The channel will be shifted -15 feet and reconstructed, which will result in a loss of 18 linear feet of stream channel (38 It of channel will be constructed). The outer bed of the streambank/roadway embankment will be stabilized using 60 feet shot rock, which will extend - 2ft below the streambed elevation to prevent undermining. 4. Jurisdictional Determinations 42. 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 12 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 El 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 12 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 Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version 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 W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2e. 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 North site- Stream loss due to stream Long Branch ® PER ® Corps 4 5 26 relocation ?INT ® DWQ . S2 ® PEI T North site-Rock Long Branch ® PER ® Corps 4 5 55 Bank Stabilization ? INT ® DWQ . S3 ? P ® T North site- Cofferdam Bypass Long Branch ® PER ? INT ® Corps ® DWQ 4.5 50 Pumping South site- S4 ®P ? T Stream loss due Long Branch ® PER ® Corps 4 5 18 to stream ? INT ® DWQ . relocation S5 ®P ? T South site- Rock Long Branch ® PER ® Corps 4 5 60 Bank Stabilization ? INT ® DWQ . S6 ? P ® T South site- Cofferdam Bypass Long Branch ® PER ® Corps 4 5 50 Pumping ?INT ®DWQ . 3h. Total stream and tributary impacts 215 3i. Comments: Stream relocation impacts (44 feet) contained within the same linear length as the bank stabilization impacts (115 feet). Temporary Impacts is 25 feet upstream and 25 feet downstream of the permanent impacts at each site for total of 100 feet. Page 6 of 12 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 sf. 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 required? ?Yes B1 ?P?T ? No ?Yes B2 ?P?T ? No ?Yes B3 ?P?T ? No 611. Total buffer impacts 6i. Comments: Page 7 of 12 PCN Form -Version 1.3 December 10, 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. Stream will be reconstructed following natural channel design principles. A reference cross-section was taken -75 feet upstream of the south site to determine the "normal" stream width. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Streambed material will be excavated and salvaged for reuse in the constructed channel. Coir fiber matting will be utilized on the inner bend streambanks as needed. 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 El 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 4E 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 1.3 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 9 of 12 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 INC Riparian Buffer Protection Rules? 1 b. 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 % 21b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Com plies with NCDOT's individual NPDES permit NCS000250. 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 ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NA ? Phase 11 3b. Which of the following locally-implemented stormwater management programs ? NSW ? 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: 41b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 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 10 of 12 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)? I 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 letter.) ? Yes ? No 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 Weiland 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 im pacts 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 11 of 12 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? E] 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? 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 61b. 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)? 71b. 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: 3710364800E P4. L.1- 4) (olv -'W /-/"4, Applicant/Agent's Printed Name ApplicanUAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version l 0 \ '' at ` s ?\ ,, ^ -- _ i• I f I_ r J.? }'r Y :?t•: P.'4' tip ?? ? • f I • '' I ???..?.. _ ' - ?- ? \ ? :nom. - `' • ' 1 Bank Stabilization- 2 `.•; `. locations f tt , 00 - ??. ? ? ?t l 'd ., ` >:`Y,.. ! 1'3..7 ?'.... d i:' ?. Oro I 00 % Name: MAIDEN Location: 035.6000751 ° N 081.1907638° W Date: 4/12/2010 Caption: Bank Stabilization, SR 1880 (St. James Church Road), Long Scale: 1 inch equals 1000 feet Branch, Class C Waters, Catawba River Basin NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 1 ? County: Cit2wha Project ID: 12.201811 River Basin: Catawba Bridge No: NA Route: Two Bank Stabilization sites on SR 1880 (St.James Church Road) Stream: Long Branch Water Quality Criteria: Yes No Stream Crossing Blue Line On USGS 1? r- ORW r rv- WSJ r r WS 11,111 OR IV, Crossing Within 0.5mi of W.S. Critical Area r r Roadway Criteria: Route Designation- Yes No Arterial Urban r rr Arterial Rural r r Additional Site Information: Is a Hazardous Spill Basin Required? Yes No F Iy Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). Long Creek, SR 1880 (St. James Church Road), Catawba County ? 6 SR 2666 -- n SR 201, - / -?--'SR2716 ?1 ii 0 m U 0b vl ?i ?? N "Q,-/ SR 78g2 ro 1'I I Bank Stabilization 1 N SR 1873 SR 1872 h ? SR 1874 ^ SR 2692 m 0 0.25 0.5 1 Miles w w 3 m u, w N S Q 0 0 A N N 0 0 0 N N O N Y - (n o c r° i ?mm Nio (7 , ? 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