20081813 Ver 1_Application_20081215

STAYE
STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY LYNDO TIPPETT
GOVERNOR
December 10, 2008
SECRETARY
Mr Steve Lund 081813
USACE, Asheville Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
SUBJECT Pipe Replacement on SR-2251 (Phifer Circle), Cleveland County
Dear Mr Lund
The North Carolina Department of Transportation requests authorization to replace an existing pipe on
SR-2251 (Phifer Circle) in Cleveland County NCDOT proposes to replace a deteriorating 55-foot long,
36" CMP (a 5-foot section of pipe at the outlet that has separated from the rest of the pipe) with a 55-foot
long, 36" CMP Ten feet of Class B riprap will be used at the pipe inlet and outlet for structure
stabilization There is a 25-foot long x 14-foot wide scourhole at the existing outlet and the downstream
bed material consists of a fine, sandy, silty soils, therefore, the pipe will be set on the existing streambed
grade to prevent further downstream bed instability Due to the existing site condition, NCDOT
requests a waiver from the Regional Conditions 2(b) (e) permit depth specification for the
construction of this project.
A temporary cofferdam pumping system will be used to divert the stream around the construction site as
needed Upon project completion, all areas affected by temporary cofferdam will be restored pre-project
conditions All NCDOT Best Management Practice's will be utilized during the course of the project
The scope of the work will result in 10 feet of permanent impacts to an unnamed tributary to Beason
Creek, which is classified as Class C Waters by the Division of Water Quality
The project area is not located within '/z mile of any critical watershed area SR-2251 is not a rural or
urban arterial, therefore, hazardous spill basins are not required Enclosed is the hazardous spill basin
checklist
This office has conducts a GIS/field survey for the project for historical sites and threatened/endangered
species 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 There will be no effect on historic structures
Post Office Box 47 Shelby, North Carolina 28151-0047
Page 2
SR 225,I Tififer Circle
D?ecember,8, 2008
Natiortal,? Heritage `,"Program records document the nearest Dwarf-flowered heartleaf location
approaimately,;2,$ miles northwest 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
spr,ngheads There is no suitable habitat within the proposed project area and no species were observed
NCDOT is recommending a finding of "no effect" for T&E species
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 150455-55120005-12C 023002-3126
• TIN NA
• Project Category $240 00 Fee
If you have any questions or concerns please feel free to contact me at [phone] Thank you for
your time and consideration on this matter
Respectfully yours,
M L Holder, P E
Division Engineer
Twelfth Division
BY frj IL
Trish Simon
Division 12 Environmental Supervisor
Enclosures
cc
Brian Wrenn, Division of Water Quality, Transportation Permitting Unit
Polly Lespmasse, Division of Water Quality, Mooresville Regional Office
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 8 1 8 1 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" )
1. Processing
1 Check all of the approval(s) requested for this project
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2 Nationwide, Regional or General Permit Number(s) Requested NW 14 (WQC#3704)
3 If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here ?
4 If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here ?
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ?
II. Applicant Information
Owner/Applicant Information
Name Mike Holder, N C Department of Transportation
Mailing Address P O Box 47
Shelby, NC 28151
Telephone Number 704-480-9020
E-mail Address
Fax Number 704-480-5401
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant )
Name Trish Simon
Company Affiliation N C Department of Transportation
Mailing Address P O Box 47
Shelby, NC 28151
Telephone Number 704-480-9044 Fax Number 704-480-5401
E-mail Address isimon@? doi state nc us
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties Both the vicinity map
and site plan must include a scale and north arrow The specific footprints of all buildings,
impervious surfaces, or other facilities must be included If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format,
however, DWQ may accept paperwork of any size DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided
1 Name of project SR 2251, Phifer Circle, Cleveland County Pipe Replacement
2 TIP Project Number or State Project Number (NCDOT Only) 12C 023002
3 Property Identification Number (Tax PIN) N/A
4 Location
County Cleveland Nearest Town Kings Mountain
Subdivision name (include phase/lot number) N/A
Directions to site (include road numbers/names, landmarks, etc) From Kings Mountain
head south on Hwy 216 and turn right on Love Valley Road and then turn right on Phifer
Circle, site >I mi
5 Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody )
Decimal Degrees (6 digits minimum) 351317 85 ON 0812409 69 °W
6 Property size (acres) < 10 Acre
7 Name of nearest receiving body of water Ut to Beason Creek - DWQ class C waters (from
source to Buffalo Creek)
8 River Basin Broad
(Note - this must be one of North Carolina's seventeen designated major river basins The
River Basin map is available at http //h2o enr state nc us/admin/maps/ )
9 Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application The site is mostly residential pipe on paved secondary road
Page 2 of 8
10 Describe the overall project in detail, including the type of equipment to be used Replace a
failine existine 55-foot long 36" CMP with 55-foot long 36" CMP There is a 25-foot long
x 14-foot wide scourhole at the existing outlet and the downstream bed material consists of a
fine, sandy, silty soils The pie will be set on the existing streambed grade to prevent
further downstream bed instability Class B riprap will be used on the banks at the Ripe
inlet and outlet for structure stabilization The project will be constructed utilizing typical
heavy equipment (trackhoe backhoe etc )
11 Explain the purpose of the proposed work The purpose of the proposed work is to replace
a deteriorating pipe for the safety of the travelling public
IV. Prior Protect History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn Provide photocopies of previously issued permits,
certifications or other useful information Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable) If this is a NCDOT project,
list and describe permits issued for prior segments of the same T I P project, along with
construction schedules
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application
No future permit requests are anticipated for this project
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project Each impact must be
listed separately in the tables below (e g , culvert installation should be listed separately from
riprap dissipater pads) Be sure to indicate if an impact is temporary All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems
Wetland and stream evaluation and delineation forms should be included as appropriate
Photographs may be included at the applicant's discretion If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below If additional
space is needed for listing or description, please attach a separate sheet
Provide a written description of the proposed impacts Minor impacts riprap stabilization at
ctn i rti mp
Page 3 of 8
2 Individually list wetland impacts Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc For dams,
senarately lict imnartc tiny to 1,M), .,..a
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e g , forested, marsh,
herbaceous, bog, etc) Located within
100-year
es/no) n
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3 List the total acreage (estimated) of all existing wetlands on the property 0
4 Individually list all intermittent and perennial stream impacts Be sure to identify temporary
impacts Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e g , cement walls, rip-rap, crib
walls, gabions, etc ), excavation, ditching/straightening, etc If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included To calciilatP grrpnap m„it'"I'T 1- 0, Y ,,...7+1_ mot...- -3 _ ,-
Stream Impact Perennial Average Impact Area of
Number Stream Name Type of Impact or Stream Width Length Impact
(indicate on map) Intermittent Before Impact (linear feet) (acres)

1 Ut to Beason Riprap for Structure
Creek stabilization intermittent 10 0005
1 Temporary cofferdam «
bypass pumping 2 10 0005
Permanent Stream Impacts (by length and acreage) 10 0005
TemporarxStream Impacts (by length and acreage) ] 0 0005
5 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U S ) Open water impacts include, but are not limited to
fill. excavation- drerl¢incr flnnilina iirn,nonu i.,,1Ll,o 7
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of

(indicate on map) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc) (acres)

Total Open Water Impact (acres)
6 List the cumulative imnact to all Watarc of tl- TT C
Stream Impact (acres) Permanent 00005
Wetland Impact (acres) 0
Open Water Impact (acres) 0
Total Impact to Waters of the U S (acres) 0
Total Stream Impact (linear feet) Permanent 10
Page 4 of 8
7 Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet) Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE
8 Pond Creation NO POND IMPACTS
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections Also, the proposed pond should
be described here and illustrated on any maps included with this application
Pond to be created in (check all that apply) ? uplands ? stream ? wetlands
Describe the method of construction (e g , dam/embankment, excavation, installation of
draw-down valve or spillway, etc )
Proposed use or purpose of pond (e g , livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc )
Current land use in the vicinity of the pond
Size of watershed draining to pond Expected pond surface area
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible Also discuss how impacts
were minimized once the desired site plan was developed If applicable, discuss construction
techniques to be followed during construction to reduce impacts The existing pipe must be
replaced for the safety of the travelling public Minimal amount of riprap used for structure
stabilization
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed Examples of mitigation that may be appropriate and practicable include,
but are not limited to reducing the size of the project, establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams, and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preterable in the same watershed
Page 5 of 8
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http //h2o enr state nc us/ncwetlands/strmPide html
1 Provide a brief description of the proposed mitigation plan The description should provide
as much information as possible, including, but not limited to site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e g , deed restrictions, conservation easement, etc ), and a
description of the current site conditions and proposed method of construction Please attach
a separate sheet if more space is needed
MrtiQation not anticipated
2 Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http //h2o enr state nc us/wrp/index htm If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information
Amount of stream mitigation requested (linear feet)
Amount of buffer mitigation requested (square feet)
Amount of Riparian wetland mitigation requested (acres)
Amount of Non-riparian wetland mitigation requested (acres)
Amount of Coastal wetland mitigation requested (acres)
IX. Environmental Documentation (required by DWQ)
1 Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2 If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation
Yes ? No
3 If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter Yes ? No ?
Page 6 of 8
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project The applicant must also provide
justification for these impacts in Section VII above All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan All buffers must be shown on a
map, whether or not impacts are proposed to the buffers Correspondence from the DWQ
Regional Office may be included as appropriate Photographs may also be included at the
applicant's discretion
1 Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233
(Meuse), 15A NCAC 2B 0259 (Tar-Pamlico), 15A NCAC 02B 0243 (Catawba) 15A NCAC
2B 0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2 If "yes ', identify the square feet and acreage of impact to each zone of the riparian buffers
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers
Zone* Impact Multiplier Required
(square feet) Mitieation
t 3 (2 for Catawba)
2 15
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel Zone 2 extends an
additional 20 feet from the edge of Zone I
3 If buffer mitigation is required, please discuss what type of mitigation is proposed (i e ,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund) Please attach all appropriate information as identified
within 15A NCAC 2B 0242 or 0244, or 0260
AT/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level
There will be no increase in impervious acreage Appropriate erosion and sedimentation control
measures will be in place during the pipe replacement
XII. Sewage Disposal (required by DWQ)
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
AT/A
Page 7 of 8
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http //h2o ear state nc us/ncwetlands If no, please provide a short narrative description
The pipe replacement will not result in additional development of the surrounding area
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e g , draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control)
MIA
M. /. 4'w"C'10
/2-
Applicant/Agent's Signature Date v
(Agent's signature is valid only if an authorization letter from the applicant is provided )
Page 8 of 8
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Vicinity Map
STATE OF NORTH CAROLINA Figure 1
DEPARTMENT OF TRANSPORTATION SR-2251 Phifer Circlel Cleveland County
Feet -,? ?r?e r' aa1
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DEPARTMENT OF TRANSPORTATION
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-2251 ^tl,ser C,rcla i Cleveland Counr.

NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division 12 County - Clevelancl Project ID 12C 023002
River Basin Broad Bridge No NA
Route SR 2251
Water Quality Criteria
Stream Ut to Beason Creek
Yes No
Stream Crossing Blue Line On USGS
ORW
WSI
WS 11,111 OR IV, Crossing Within 0 5n-n of W S Critical Area
Roadway Criteria
Route Designation-
Additional Site Information
Yes No
Arterial Urban F P
Arterial Rural r r?
Yes No
Is a Hazardous Spill Basin Required? 1" r
F
F r
F R
F r
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997)