HomeMy WebLinkAbout20090903 Ver 1_Application_20090820
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
August 14, 2009
Mr. Brian Wrenn
Division of Water Quality
401/Transportation Permitting Unit
1650 Mail Service Center
Raleigh. NC 27699-1650
090903
SUBJECT: Pipe Replacement in Non-jurisdictional channel on SR 2886 (N. Lake Wylie
Road), Gaston County located in Riparian Buffer of Lake Wylie
Dear Mr. Wrenn:
The North Carolina Department of Transportation proposes to replace an existing 30-foot long,
24" CMP with a 36-foot long, 24" CMP in a non-jurisdictional channel on SR 2668 (N. Lake
Wylie Road) in Gaston County. The roadway in the vicinity of the non jurisdictional channel is
located in Zone I and Zone 2 of the riparian buffer of Lake Wylie. The.pipe is failing and the
roadway is beginning to erode; therefore, the pipe must be replaced to for the protection of the
existing structure (roadway) and thus to protect the safety of the travelling public. Class B riprap
will be used at the pipe inlet and outlet for structure stabilization. An existing scourhole at the
pipe outlet, which is believed to have been caused from lake level fluctuations & backflow up the
channel, will be filled with riprap to prevent undermining of the new pipe. The scope of the
work will result in a total of 600 square feet of impacts to Zone I and 200 square feet of impacts
to Zone 2 of an existing use area of the Lake Wylie riparian buffer.
The project area is not located within '/2 mile of any critical watershed area nor is SR 2668 a rural
or urban arterial: 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 Gaston County (USFSW listed date January 31, 2008)
include Schweinitz's sunflower (Helianthus schweinitzii) - Endangered (E) and the Bog turtle
(Glvplemys muhlenhergii)- Threatened due to Similarity of Appearance (T S/A). National
Heritage Program records document the nearest Schweinitz's Sunflower location approximately
3 miles south of the proposed project area. The sunflower is usually found in upland open areas
protected from shade or excessive competition. There is no potential habitat within the proposed
EUGENE A. CONTI. 1R.
SEMI ARY
AUG 2 0 2009
f'E7IfdJDE R WATERDU;tLjrY
STORVVATER BRMc,
Post Office Box 47 Shelby, North Carolina 28151-0047
SR 2886, N. Lake Wylie Road
Page 2
August 14. 2009
project area: however, no species were observed during the site visit. No impact on the species is
anticipated. National Heritage Program records document the nearest bog turtle location
approximately 10.3 miles northwest of the proposed project area. Bog turtles are usually found
in bogs, marshes, and wet pastures. There is no suitable habitat located within the project area
and no species were observed. No impact on the species is anticipated.
1 have enclosed a pre-construction notification for a Riparian Buffer Authorization, a sketch of
planned activities and location maps relative to the project.
Project information for the 401 Automated Payment Procedure is as follows:
• Work order number: 150472-55120005-12.203621-3126
• TIP4: = i :NA! °
• Project Category: 8240.00 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
Trish Simon
Division 12 Environmental Supervisor
Enclosures
O`'ry?ry?? ?rFq?G
r
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: 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
le. Is this notification solely for the record d?
because written approval is not Certification or the record only for DWQ 401
:
[E] Yes ® No For the record only for Corps Permit:
? Yes ? No
If. 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
tg. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
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: SR 2668 (N Lake Wylie Road)
2b. County: Gaston
2c. Nearest municipality / town: Gastonia
2d. Subdivision name: NA
2e. NCDOT only, T.I.P. or state
project no: 12.203621
3. Owner Information -
3a. Name(s) on Recorded Deed: NCDOT Right of Way
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 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.: - 704-480-54010
-
4h. Email address: mholder@ncdot-gov
5. Agent/Consultant Information (if applicable)
5a. Name: Trish Simon
Sb. 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
1a. Property identification no. (tax PIN or parcel ID): NA
Latitude: 35.2071484 Longitude: -
1b. Site coordinates (in decimal degrees): 81.0589074
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: <.10 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lake Wylie
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-V & B
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:
Existing 30-foot, 24" CMP in non jurisdictional channel. Landuse is designated forested, unpaved secondary road.
31b. 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:
0
3d. Explain the purpose of the proposed project:
The purpose of the proposed work is to replace a deteriorating pipe in the Lake Wylie riparian buffer for the safety of the
travelling public.
3e. Describe the overall project in detail, including the type of equipment to be used:
NCDOT proposes to replace a deteriorating 30-foot long, 24" CMP with a 36-foot long, 24" CMP. Class 8 riprap will be
used at the pipe inlet and outlet for structure stabilization. An existing scourhole at the pipe outlet, which is believed to
have been caused from lake level fluctuations & backflow up the channel, will be filled to prevent undermining of the new
pipe. 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 !
? Yes No ? Unknown
project (including all prior phases) in the past?
Comments: Jurisdictional evaluation made by Div 12 DEC.
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.
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 11
PCN Form - Version 1.3 December 10, 2008 Version
.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
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2s. 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 ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
? PER ? Corps
S3 ? P ? T ? INT ? DWQ
? PER ? Corps
S4 ? P ? T ? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
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.
Open water
impact number
- Permanent
(P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody type 4e.
Area of impact (acres) .
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 com lete the chart below
5a.
Pond ID 51b.
Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number 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:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 ?Tor-Pamlico ? Other:
Project is in which protected basin? ® Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
B1 ®P ? T Replacement Pipe Lake Wylie ® Nos 600 200
? Yes
B2 ? P ? T ? No
?Yes
63 ?P?T ? No
6h. Total buffer impacts
6i. Comments: The road way and pipe is in Zone 1 of the Catawba buffer, therefore, the project is allowable under the use of
"protection of existing structures, facilities and shoreline when this requires additional disturbance of the riparian buffer or the
channel"
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Replacement of existing structure designed to minimize the disturbance of the surrounding area. The new pipe, which is six
foot longer than the existing pipe, will be placed where the pipe outlet will be at approximately the same location and the
disturbance and longer pipe length will be on the upstream side.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Minimization of impacts by installing appropriate erosion control measures.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this project? ? 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
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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
49. Coastal (tidal) wetland mitigation requested: acres
41h. 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.
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.
Zo
ne 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 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?
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? 0%
2b. 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. (Implementation, management, and inspection of erosio n control devices and control of
discharge sources lie. construction equipment).
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? El DWQ Stormwater Program
? DWO 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? NA
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
El 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 9 of 11
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)? _
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
letter.) ? Yes ? No
Comments: NA '
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 reasonabty anticipated future impacts) result in ? Yes ®No
additional development, which could impact nearby downstream water quality?
31b. 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 a minimum criteria project which has low potential for cumulative/indirect impacts and wil l 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
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?
?
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
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 were reviewed for historic
sites in the vicinity of the project, however, the pipe replacement project occurs within a previously impacted area
(NCDOT Right of Way).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
81b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM panal number: 3710358300E
L. Nolde? /I,tit,C. 1?•FcG 8-I?f-off
ApplicanUAgent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 1 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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Name: BELMONT Location: 035.2071484° N 081.0589074° W
Date: 8/1312009 Caption: SR 2668 (N Lake Wylie Rd), Pipe Replacement; Catawba River
Scale: 1 inch equals 1000 feet Buffer; Full Pond Level of Lake Wylie = 569.4
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NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 12 - County: Gncton Project ID: 12.203621
River Basin: Catawba Bridge No: NA
Route: SR 2668, N Lake Wylie Road . Stream: Lake Wylie
Water Quality Criteria:
Yes No
Stream Crossing Blue Line On USGS rV_ F
ORW F
WSI F W
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 r
Arterial Rural F W,
Additional Site Information:
Is a Hazardous Spill Basin Required?
Yes No
F r
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).