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HomeMy WebLinkAbout20070762 Ver 1_Application_20070503 /p ., e""RA7Fv pI®~~ ~ ~C~~. _ ey .-.° -. ~ ~1. F I` ~~~ ~ ,: ~+.. p ~! pan Vti~~j STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY Apri130, 2007 Mr. Steve Lund US Army Corp of Engineers Asheville Regulatory Field Office ~ ~ o r']' 151 Patton Avenue, Room 208 Asheville, N. C. 28801-5006 SUBJECT: Pipe replacement, Site 1; Rock Ladder Reconstruction, Site 2, SR 1448 (Puetts Chapel Road), Gaston County Dear Mr. Lund: The North Carolina Department of Transportation proposes to replace a failing pipe on SR 1448 (Puetts Chapel Road) in Gaston County for the safety of the public. At site 1, The existing 60-foot, 30" RCP will be replaced with a 70-foot, 42" steel casing which will be bored/jacked into place around the existing pipe. The pipe will be placed on existing streambed grade due to the extreme pipe slope (~8%) and shot rock will be embedded into the streambed at the pipe outlet to provide energy dissipation in an effort to prevent stream destabilization. A 12-foot x 30-foot staging area is necessary upstream of the pipe to bore the steel casing into place. Temporary cofferdams and bypass pumping will be utilized to manage the stream during construction. Upon project completion, the channel disturbed by the staging area and temporary cofferdams will be restored to pre-project conditions and the surrounding area seeded and stabilized. At site 2, it is necessary to reconstruct a rock ladder at the outlet of an existing pipe. The channel is an intermittent, low flow channel; therefore, it is anticipated that the flow can be blocked temporarily during the construction. Due to the existing site conditions and the nature of the project, NCDOT requests a waiver from the Regional Condition 2(b)(e) permit depth specification, for the construction of this project. The total scope of the work will result in 30 feet of permanent impacts at site 1 and I 0 feet of permanent impacts at site 2. Both streams are unnamed tributaries to Rattle Shoal Creek, which is classified as a WS-IV watershed by the Division of Water Quality. The project is not located within %i mile of any critical watershed area nor is SR 1448 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 (USFWS listed dated April 27, 2006) include Bald eagle (Haliaeetus leucocephalus), Schweinitz's sunflower (Heliarrthus schweinitzii), and Bog turtle (Glyptemys muhlenbergii). 1 SR 1448, Puetts Chapel Road Page 2 April 30, 2007 Natural Heritage Program records document the nearest Bald eagle location approximately 19 miles south of the proposed project area, on Lake Wylie at the North Carolina/South Carolina line. Bald eagles typically nest in tall, living trees near open water. The proposed project is located approximately 15 miles west of the upper portion of Lake Wylie. There does not appear to be any suitable habitat in the surrounding area and no bald eagles were observed during the site visit; therefore, no impact on the species is anticipated. Natural Heritage Program records document the nearest Schweinitz's sunflower location approximately 9.5 miles southeast of the proposed project area. The sunflower is usually found in upland open areas protected from shade or excessive competition. There is limited potential habitat within the proposed project area; however, no species were observed during the site visit. The pipe extension and rock ladder repair work will create a minimal disturbance in the area; therefore, no impact on the species is anticipated. Natural Heritage Program records document the nearest bog turtle location approximately 4.5 miles southeast of the proposed project area. Bog turtles are typically found in bogs, marshes, and wet pastures. There is no suitable habitat located within the project area. T/SA species are not subject to Section 7 consultation; however, no impact on this species is anticipated. NCDOT is recommending a finding of "no effect" for T&E species and historical structures. I have enclosed apre-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: 150456-55120005-12.203611-3855 • TIP #: NA • Project Category: $200.00 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 to this matter Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division o. ~,~~ Trish Simon Division 12 Environmental Supervisor Enclosures Cc: John Hennessy, DWQ, 401/Transportation Permitting Unit Polly Lespinasse, DWQ, Mooresville Regional Office Ron Linville, Wildlife Resources Commission (Courtesy Copy) +7 Office Use Only: Form Version March OS 2pp7p762 USACE Action ID No. DWQ No. irc---~- --'--- ~.= u~~y N4~r~.,u~a, ncrrr ~~ „~~ appucaoie w mss pro~ec>:, please enter "toot Applicable" or "N/A".) I. 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 (WOC#3404) 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: ^ 5. 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 Shelbv North Carolina 28151 Telephone Number: 704-480-9020 Fax Number: 704-480-5401 E-mail Address: 2. AgenUConsultant 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 Shelbv North Carolina 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimon(a~dot.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: Pipe Replacement (Site 1) and Rock Ladder Reconstruction (Site 2) SR 1448 (Puetts Chapel Road) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 12.203611 3. Property Identification Number (Tax PIN): NA 4. Location County: Gaston Nearest Town: Gastonia Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): From Gastonia, west on Hwv 279, turn right onto SR 1448 and proceed to sites 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): 35°21'35"°N 81 °14' 16"°W 6. Property size (acres): < 0.10 acres 7. Name of nearest receiving body of water: Two unnamed tributaries to Rattle Shoal Creek WS-IV Watershed (from source to South Fork Catawba River) 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h?o.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: Existing Conditions-pipes on paved secondary road General Land Use- wooded, residential. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used. Site 1- Replacement of a 30", 60-foot RCP with a 42" 70-foot steel casing around existing_pipe by bonny and iackme method The pipe will be placed at the existing streambed grade and shot rock will be embedded into the stream channel at the outlet due to the ro osed slo e of the pipe (~8%) for ener~y dissipation Site 2- A rock ladder will be reconstructed at the outlet of an existm~ pipe. Typical heavy equipment (trackhoe backhoe etc) will be used for the construction of this protect 11. Explain the purpose of the proposed work:. The purpose of the proposed work is to replace a failing pipe at site 1 for the safety of the travelling_public and to reconstruct a rock ladder at site 2. IV. Prior Project 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.NA 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 at this site 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. 1. Provide a written description of the proposed impacts: Minor impacts from .pipe length increase and rock utilized for energy dissipation and rock 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, separately list impacts due to both structure and floodinP. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) Total Wetland Impact (acres) 0 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 calculate acreage, multi ly len h X width, then divide by 43,560. Stream Impact Stream Perennial or Average Stream Width Impact Area of Number ~ Name Type of Impact ~ Intermittent Before Length Impact -ndicate on ma ( p) . Im act (linear feet) (acres) ls` UT to 1 Rattle Shoal Pipe Fill Perennial ]0 feet .00069 Creek 3 feet ~, Shot Rock for energy 1 dissipation 10 feet .00069 Temporary staging 1 area for boring/ 30 feet .002 jacking Temporary 1 Cofferdams/Bypass 80 feet .006 Piping 2 2"d UT to Rattle Shoal Rock Ladder Intermittent 0.5 feet 10 feet 00011 Creek Reconstruction . * 30 feet *•0015 acre Total Stream Impact (by length and acreage) ermanent P Permanent .008 acre *Permanent impacts contained within area of temporary impacts 80 feet temporary temporary impacts to impacts to open channel o en channel 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, dredging, flooding, drainage, bulkheads, etc. Page 4 of 8 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Total Open Water Impact (acres) p 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.0015 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0015 Total Stream Impact (linear feet): 30 feet 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 pipes must be replaced/repaired for the safety of the travelling public Rock will be embedded into the streambed at the pipe outlet to prevent stream destabilization at Site 1 A rock ladder will be reconstructed at site 2 to provide some aquatic passage Page 5 of 8 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, preferable in the same watershed. 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/strmgide html. 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. MITIGATION 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 (919) 715-0476 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/~~-rp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: 3. Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 6 of 8 IX. X. 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. 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. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 tdentt ~ )? 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 multi liers. Zone* Impact Re uired (s ware feet) Multiplier 9 l Miti ation 2 3 (2 for Catawba) Total 1 ' S * Zone 1 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 1. 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 int (the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 1 SA NCAC 2B .0242 or .0244, or .0260. If yes, has the document review been finalized by the State Clearinghouse? If so lease attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ~ p Page 7 of 8 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. No increase in impervious surface is proposed. 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. No wastewater is generated from the protect. 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 anafter-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.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The pipe replacement and rock ladder reconstruction 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). NA _ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 ~Mmxr a muaron..,gw n~ w.o~wc c ~a. a.a it..s (7 N C1 m ~ m A " ~ N +n A ~ (n 00 z D ~' Z o ~ o = m ~+ nr m o ~ ~ 00 ._. ~~o cn ~ w cn 0 N N C7'a - ~ ~ w ~ O ~ ~ N rn r - ~~ Z .a ~ ~ o ~ ~ o N, ~ ~ j ~ A 7 ~ :U w A A < Oo C C (D to n 01 m :U a C -1 0 SU fl1 _.. ~' -. l ~f ~ ~ • , ~ ~ . ,~ ~ ,--~. .< -• ~ 1 _., _ _.:_ T..__-- ~ i _ • r; i ~-', ,; r-r ~ ~ ~~' S- (Q ~ ~~ l', 1.-, ., ~~ ~~ ~ ~ ~ s 4!~ ~ i ~~~ ~ ' 4 p ~ , ~ l_- f ..lti O --a-~ ' ~ \ _ _ `., ~ ~ ~ - -_ ., ~ 1 ~ O . ~ ~ ~ N ~ Zll '-t p * .' ~ + ~ .•f p r _ ~ ~ --_ - ~ .. 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"'n a `'o ~SR 1448, Puetts Chapel Road, Gaston Count Y Site 1 Outlet Site 2 Outlet Downstream Downstream NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 1 ~ County: C'ta~tnn Project ID: River Basin: Catawba Bridge No: Pipe ReplacementlRock Ladder Reconstruction Route: SR 1448, Puetts Chapel Road Stream: Two unnamed tributaries to Rattle Shoal Creek, WS-IV Watershed Water Quality Criteria: Yes No Stream Crossing Blue Line On USGS r r ORW r WSI r ~ WS II,III OR IV, Crossing Within O.Smi of W.S. Critical Area r r Roadway Criteria: Route Designation- Yes No Arterial Urban r r Arterial Rural r r Additional Site Information: Is a Hazardous Spill Basin Required? Yes No r r Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997).