Loading...
HomeMy WebLinkAbout20120179 Ver 1_Application_20120216UIT-A STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A CONTI JR GOVERNOR SECRETARY February 13 2012 Ms Liz Hair zp US Army Corp of Engineers FEB 16 2012 Asheville Regulatory Field Office 151 Patton Avenue Room 208 P� I 5�� � �U LITY Asheville N C 28801 5006 INCH 2 U1 7 19% SUBJECT Pipe Outlet Stabilization/Rock Ladder Construction 177 SB mile marker 36 4 Iredell County Dear Mr Hair The North Carolina Department of Transportation requests authorization to construction outlet stabilization downstream of an existing 72 CMP on 177 South Bound at mile marker 36 4 in Iredell County NCDOT proposes to armor an existing scourhole for a distance of —50 feet to prevent further erosion and scour around the pipe outlet NCDOT also proposes to construct a rock ladder at the outlet to connect the pipe invert elevation to the streambed elevation A temporary cofferdam pumping system will be used to divert the stream around the construction site as needed Area affected by temporary cofferdam system will be restored to pre project conditions The scope of the work involves an unnamed tributary to Byers Creek which is classified as Class WS IV Waters by the Division of Water Quality National Heritage Program records document the nearest Dwarf flowered heartleaf location approximately 6 8 miles southwest 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 sprmgheads National Heritage Program records document the nearest bog turtle location approximately 6 8 miles southeast of the proposed project area Bog turtles are usually found in bogs marshes and wet pastures There is no suitable habitat within the proposed project area and no species were observed NCDOT is recommending a finding of no effect for ME species The office is also recommending a finding of no effect for historical structures 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 NCDOT is recommending a finding of no effect for historic sites The project area is located within '/z mile of any critical watershed area and 177 is a rural and urban arterial however the project consists solely of installation of rock for stabilization Hazardous spill basins are not required Enclosed is the hazardous spill basin checklist Post Office Box 47 Shelby, North Carolina 28151 0047 177 Southbound MM 36 4 Page 2 February 13 2012 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 150465 55120005 12B 104911 3302 • TIP# NA • Project Category $240 00 Fee If you have any questions or concerns please feel free to contact me at (704) 480 9044 Thank you for your time and consideration on this matter Respectfully yours M L Holder P E Division Engineer Twelfth Division BY Trish Simon Division 12 Environmental Supervisor Enclosures cc Brian Wrenn Division of Water Quality 401 /Transportation Permitting Unit Polly Lespmasse Division of Water Quality Mooresville Regional Office o�oF W4 a rE9QG O Y Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification PC Form A Applicant Information 1 Processing 1 a Type(s) of approval sought from the Corps ®Section 404 Permit F-1 Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 14 or General Permit (GP) number 1c Has the N WP or GP number been verified by the Corps? ❑ Yes ® No 1 d 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 177 South Bound Mile Marker 36 4 2b County Iredell 2c Nearest municipality / town Mooresville 2d Subdivision name NA 2e NCDOT only T I P or state project no 3 Owner Information 3a Name(s) on Recorded Deed NC DOT Right of Way 3b Deed Book and Page No 3c Responsible Party (for LLC i f 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 Busines s 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 7044 80 9020 4g Fax no 704 480 5401 4h Email address mholder @ncdot gov 5 Agent/Consultant Information (if applicable) 5a Name Trish Simon 5b Business name (if applicable) N C Department of Transportation Division 12 5c Street address 1710 East Marion Street 5d City state zip Shelby NC 28151 5e Telephone no 704 480 9044 5f Fax no 704 480 5401 5g Email address tsiimon @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 lb Site coordinates (in decimal degrees) Latitude 35 5998 Longitude 80 857419 (DD DDDDDD) (DD DDDDDD) 1 c Property size < 10 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Ut to Byers Creek proposed project 2b Water Quality Classification of nearest receiving water WS IV 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 72 CMP on 177 SB at Mooresville /Hwy 150 offramp Pipe is perched and —50 foot long scourhole has formed Surrounding landuse is mostly urban area 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 100 feet 3d Explain the purpose of the proposed project The purpose of the proposed work is to armor the scour below the 72 CMP to protect the area from further erosion and scour and to construct a rock ladder to reconnect the pipe outlet invert elevation and streambed elevation 3e Describe the overall project in detail including the type of equipment to be used The North Carolina Department of Transportation requests authorization to construction outlet stabilization downstream of an existing 72 CMP on 177 South Bound at mile marker 36 4 in Iredell County NCDOT proposes to armor an existing scourhole for a distance of —50 feet to prevent further erosion and scour around the pipe outlet NCDOT also proposes to construct a rock ladder at the outlet to connect the pipe invert elevation to the streambed elevation All Best Management Practices will be utilized during the course of the project 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 / project (including all prior phases) in the past9 ❑ Yes ® No ❑ Unknown Comments Jurisdictional stream determination made by Division 12 DEO 4b If the Corps made the jurisdictional determination what type ❑ Preliminary ❑ Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 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 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 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 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 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) Scourhole S1 ®P ❑ T Armoring /rock ladder Ut to Byers Creek ® PER ❑ INT ❑ Corps ® DWQ 4 50 construction S2 ❑ P ®T Cofferdam bypass Ut to Byers Creek ® PER El Corps 4 20 pumping [:11 NT ® DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts *50 31 Comments Permanent Impacts 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 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 []PEI T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond I I I 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 51 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 any impacts require mitigation then you MUST fill out Section D of this form 6a Project is in which protected basin? 6b 6c 6d Buffer impact number— Reason Permanent (P) or for Temoorary (T) impact ■la■m B2 ❑P ❑T 63 ❑P ❑T 61 Comments ❑ Neuse ❑ Tar Pamlico ❑ Other ❑ Catawba ❑ Randleman 6e I 6f I 6g Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6 of 11 PCN Form —Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project lb 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 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 mitigat ion 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 Permittee 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 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments Page 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 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? lb 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 Complies with NCDOT s individual NPDES permit NCS000250 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? NA ❑ Phase II ❑ NSW 3b Which of the following locally implemented stormwater management programs ❑ 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 ❑ HQW 4a Which of the following state implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes El No attached? 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? lb 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 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 applications ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development which could impact nearby downstream water quality? 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description The project is classified as a minimum critiena project which has low potential for cumulative /indirect impacts and will not result in additional development which could impact water quality 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility Page 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 ind icate 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 and on site survey 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b 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)? 7b 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 culvert extension 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 8b If yes explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? FEMA FIRM panal number 3710464800J M� I L� February 2012 0,V Applicant/Agent s Printed Name Date Applicant/Agent s Signature (Agents signature is valid only rf an authorization letter from the applicant is provided Page 11 of 11 PCN Form —Version 1 3 December 10 2008 Version Armored Scourhole /Rock Ladder Construction 1 -77 Southbound, MM 36 4, Iredell County Pipe Outlet & Upper point of Scourhole Downstream point of Scourhole r _,.�• � �, J/ p { {�qq t � yQ. 4 �. i y �$ y � ,per l {'3,-,axu..� E y'� �,�fr 4 �•L(��; a— ttsd j � ��r �� �- a._.�.�" p ��{ .'�"�'�'tj° ���- -� � �„' `� � �'�'4 "''s�� "` lit it15 N per Pipe re air /stabilization `+J� ice' � � � � 4ke+r �'e�� t �..x i � �` ,,, "��' � ° � "A� ���y�h �5is� � F�� � ---• � �'"" �'" � h 9 Ks I f J` rt a # 4 G s Ir ,r F t y p i �`°� jj �� 5 x s� 4 ✓! p3 Al s i Name MOORESVILLE Location 035 5998196 N 080 8574194 W Date 2/13/2012 Caption Outlet Stabilization /Rock ladder 177 SB MM 36 4 UT to Byers Scale 1 Inch equals 1000 feet Crk WS IV Watershed Catawba River Basin Maptech Inc N Feet W_ _ _E 0 4 600 9 000 18 ( s i u 1 r 1 C�i� � IREUELL - y r Armored Scour Mole _ 1 1 '^ �' 3 tC',tt nRrc(brvttx (1a /rd a gnu !w �I:� a +n � l \ fiR- - LIOLN I� r fit a 1 4t }+ z ; 5n (Lil Imrn Tia21�1 rRRR ----- — - -_ w'�'Y a zx w+ It �t x Huffn �.l rc.7ronr %rind rn Vicinity Map STATE of NORTH CARouNA Figure 2 DEPARTKEw of TRANSPORTATION 177 South Bound Mile Marker Ilredell County Unnamed Tributary to Byers Creek Scoured Area to be Armored with Shot Rock or Class II Rip Rap Notes 1) Pumping system to be used to divert the stream around the construction site as needed 2) Any contammted water within the construction site is to be pumped into a silt bag x — I -77 (South Bound) Y aL N I ws Scoured Area to be Armored with Shot Rock or Class II Rip Rap 3) Upon completion of the project all silt fences are to be placed as needed Also seeding and mulching of disturbed areas 4) Reference the Best Management Practices for Construction and Maintenance Activities be NCOOT Chapter 4 46 + t of Way Fence 72 CMP Rock Ladder will be attempted to be constructed Div 12 NCDOT Bridge Maintenance Preventive Scour Measures 177 Near MM36 4 NNBIS 48 2004 Iredell County Rev sed 1 12/11 drs NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division 12 County Trede.11 Project ID_ River Basin Catawba Bridge No NA Route I -77 South Bound Water Quality Criteria Stream Ut to Byers Creek Stream Crossing Blue Line On USGS ORW WSI WS II,III OR IV, Crossing Within 0 5mi of W S Critical Area Roadway Criteria Route Designation- Additional Site Information Yes No Arterial Urban 1—v r Arterial Rural R- r Yes No Is a Hazardous Spill Basin Required9 r rv- Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997) Yes No W, 1- F r F r ry r I