20100353 Ver 1_Application_20100711

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE DIVISION OF HIGHWAYS
GOVERNOR
April 27, 2010
45*
?OSrL?q . 'J
EUGENE A. OONTI, JR.
SECRETARY
North Carolina Division of Water Quality
Attn: Mr. Brian Wrenn 1 Q
401 Wetlands Certification Unit
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
Subject: Cabarrus County - Proposed Pipe Replacement Project
SR 2245 (Oak Trail Circle) WBS Element No. lOB.201311
Dear Mr. Wrenn:
The North Carolina Department of Transportation (NCDOT) proposes to replace two 84-
inch corrugated metal pipe located on SR 2245 (Oak Trail Circle) on an unnamed
tributary to Cold Water Creek with two new 96-inch by 70-foot long corrugated metal
pipe. The purpose of the proposed project is to repair the failed roadway at this crossing
and reopen the road to vehicular traffic.
Cold Water Creek is classified as a Class C water and is located in the Yadkin River
Basin, Hydrologic Unit 03040105. The total length of permanent stream impacts for this
project is 95 linear feet and includes the installation of a rock ladder on the outlet end of
the new pipe.
The existing pipe is perched which has caused a scour hole to form in the streambed at
the pipe outlet. A rock ladder is being proposed as part of this project to help reconnect
the stream system and eliminate the scour hole. The NCDOT would like to request
permission to install the main flow pipe inlet at the same elevation as the existing
streambed to address head cut concerns. The Department is also proposing to install the
pipe on a two percent slope to reduce the vertical elevation difference between the pipe
outlet and the bottom of the scour hole.
The NCDOT anticipates that this project will be authorized under a Section 404
Nationwide Permit No. 14 and we are requesting authorization from the North Carolina
Division of Water Quality to utilize the corresponding 401 Water Quality Certification
GC3704 based upon the enclosed information.
'.a
716 West Main Street, Albemarle, NC 28001 • [phone] • Fax [phone]
Oak Trail Circle
April 27, 2010
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 with this request.
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
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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:
® 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
Id. 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: Oak Trail Circle Pipe Replacement Project (SR 2245)
2b. County: Cabarrus
2c. Nearest municipality / town: Concord
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: WBS No. 1013.201311
3. Owner Information
3a. Name on Recorded Deed:
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 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. 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: [e-mail]
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 11
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): 35.446319'N - 80.558928'W
1c. Property size: 0.10 (maintained ROW area) acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Cold Water Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
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 general land use adjacent to the project area is rural residential. This water body is an unnamed tributary to Cold
Water Creek and, while it does have some woody buffer, the stream is incised and has steep banks within the project
area. The substrate is primarily sand upstream and a mixture of sand and rock downstream.
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:
This is a linear tansportation crossing and the stream length that NCDOT will be working in will be 90 linear feet or less.
3d. Explain the purpose of the proposed project:
There are two failing 84-inch by 67-foot long corrugated metal pipe at this crossing on Oak Trail Circle. NCDOT proposes
to replace the failing pipe with two new 96-inch corrugated metal pipe, 70 feet in length.
3e. Describe the overall project in detail, including the type of equipment to be used:
Appropriate erosion control measures will be installed and the site will be dewatered during the pipe removal and pipe
replacement process. The equipment that is required is limited to: a 6-inch dewatering pump, trackhoe, dumptrucks,
vibratory roller, motor grader 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
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.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. 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
W1 ? PEI T ? Yes ? No ? Corps
? DWQ
W2 ? P ? T ? Yes ? No ? Corps
? DWQ
W3 ? P ? T ? Yes ? No E-1 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. 3b. 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)
Pipe
Installatio
S1 ®P ? T n (2) 96 UT Cold Water ® PER ? INT 20 Feet 70 Feet
inch x 70 Creek
foot long
CMP's
Rock
S2 ®P ? T Ladder at UT to Cold Water ® PER ? INT 20 Feet 25 Feet
Pipe Creeek
Outlet
S3 ? POT Dewater UT to Cold Water ® PER ? INT 20 Feet 130 Feet
Stream Creek
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ? P ? T ? PER ? INT
3g. Total stream and tributary impacts 95 Feet
Permanent
Page 4 of 11
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
and an
additional
35 Feet of
Temporary
Impacts
3h. Comments: The existing pipe at this crossing measures 67 feet in length and the proposed impacts for grade control and
bank stabilization are 67 linear feet.
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 individuall 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 5 of 11
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
6f. 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?
81 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - November 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.
NCDOT will only be installing the length of pipe necessary to construct a safe road shoulder and establish a stable
shoulder slope. The work area will be dewatered throughout the construction process in an effort to minimize sediment
loss. The replacement pipe will be installed at grade on the upstream side to minimize head cutting issues that might
result from pipe burial in a sandy substrate. The new pipe will be installed with a 2 percent slope in order to reduce the
elevation difference between the pipe outlet end and the bottom of the existing "blow hole". A rock ladder will be
constructed on the outlet end of the new pipe to reconnect the system and eliminate the chance of scour from a perched
pipe condition.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts will be minimized by installing appropriate erosion control measures and keeping the site dewatered throughout
the construction process.
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 Perrnittee 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 1.0 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 8 of 11
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)? H
W
? Q
OR
?
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? Cabarrus County
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. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan?
41b. 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.
The proposed pipe replacement project will not increase the existing impervious area.
4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ? No
for each stormwater BMP?
Page 9 of 11
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
El Yes
El 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.
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 1.0 November 2008 Version
F. Supplementary Information, continued
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
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?
Natural Heritage GIS data layer 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
8b. If yes, explain how project meets FEMA requirements: NCDOT engineers have determined that there will be "no rise" in
the base flood height elevation as a result of this pipe replacement project.
8c. What source(s) did you use to make the floodplain determination? NCDOT GIS data layer
Barry S. Moose )
04/27/10
Applicant/Agenfs Printed Name RPPlicarrItAgenf9"SMture
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 11 of 11
PCN Form - November 2008 Version
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