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HomeMy WebLinkAbout20120189 Ver 1_Application_2012022160-- (�`tl STATE OF NORTH CAROLINA o� N4� 2I o w X01 DEPARTMENT OF TRANSPORTATION %tv BEVERLY EAVES PERDUE EUGENE A CONTI JR GOVERNOR SECRETARY February 17 2012 Ms Liz Hair Asheville Regulatory Field Office US Army Corps of Engineers 2 ® 1 8 151 Patton Avenue Room 208 e ,� Asheville North Carolina 28801 5006 SUBJECT Pipe Replacement on SR 2208 (Brookfield Drive) Cleveland County Dear Ms Hair The North Carolina Department of Transportation ( NCDOT) requests authorization to replace a deficient pipe on SR 2208 (Brookfield Drive) in Cleveland County NCDOT proposes to replace 70 foot long double 84 CMP s with 70 foot long double 96 CMP s with inlet/outlet headwalls A meander bend located at the inlet end of the existing pipe has cause some minor scour at the existing pipe inlet therefore in conjunction with the pipe replacement the upstream bank will be excavated to bankfull elevation to allow for high flows to more easily access the floodflow pipe The existing pipes are perched and the channel is overwidened at the outlet Placing the new pipe at the existing streambed grade would result in a pipe slope greater than 5% therefore the new pipe will be placed at the same grade as the existing pipe and will remain perched Due to existing site condition s, NCDOT requests a waiver from the Regional Conditions 2(b) (e) permit depth specifications The presence of bedrock prevents stable floodplam bench construction at the outlet and also prevents stable rock ladder construction Upon a site visit by DWQ personnel and subsequent discussion it was decided that a downstream floodplam bench would not be constructed NCDOT proposes to construct a concave concrete /rock waterway to connect the main flow pipe outlet elevation and the streambed bedrock elevation Five feet of riprap will be utilized at the pipe inlet and outlet to provide structure stabilization Temporary cofferdams /pumping system will be used to divert the stream around the construction site as needed The scope of the work involves an unnamed tributary to Buffalo Creek which is classified as Class C Waters by the Division of Water Quality The project is not located within 'h mile of a critical watershed area nor is SR 2208 a rural or urban arterial area 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 Post Office Box 47 Shelby, North Carolina 28151 0047 SR 2208 Brookfield Drive Page 2 February 17 2012 The federally listed species for Cleveland County (USFWS listed date September 22 2010) include the dwarf flowered heartleaf (Hexastylis naniora) National Heritage Program records document the nearest dwarf flowered heartleaf location approximately 3 0 northeast 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 There is no suitable habitat within the proposed project area and no species were observed It is anticipated that the proposed project will have no impact on the dwarf flowered heartleaf (Hexastylis nanzflora) 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 1504643 55120005 12 202311 3855 • 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�w ArF9Qc 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 la 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 1 c Has the N WP or GP number been verified by the Corps? ❑ Yes ® No Id Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e 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 SR 2208 (Brookfield Drive) 2b County Cleveland 2c Nearest municipality / town Shelby 2d Subdivision name 2e NCDOT only T I P or state project no 12B 202311 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 704 480 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 Latitude 35 228986 Longitude lb Site coordinates (in decimal degrees) 81 431155 (DD DDDDDD) (DD DDDDDD) 1c Property size < 10 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Ut to Buffalo Creek proposed project 2b Water Quality Classification of nearest receiving water C 2c River basin Broad 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 70 foot long double 84 CMP s on paved secondary road Landuse is mostly agriculture /pasture land 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 replace a deficient pipe 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 deficient 70 foot long double 83 CMP s with a 70 foot long double 96 CMP s with inlet and outlet headwalls The floodflow pipe will be offset one foot higher than the main flow pipe and the bank located immediately upstream of the site will be excavated to bankfull elevation The existing pipe is perched and the channel is overwidened at the outlet Placing the new pipe at the existing streambed grade would result in a pipe slope > 5% therefore the new pipe will be placed at the same grade as the existing pipe and will remain perched The presence of bedrock prevents stable floodplain bench construction at the outlet and also prevents stable rock ladder construction Upon site visit by DWQ personnel and subsequent discussion it was decided that a downstream floodplain bench would not be constructed NCDOT propose to construct a concave concrete /rock waterway to connect the main flow pipe outlet elevation and the streambed bedrock elevation Five feet of riprap will be utilized at the pipe inlet and outlet to provide structure stabilization Temporary cofferdams /pumping system will be used to divert the stream around the construction site as needed 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 past? ❑ 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 Page 3 of 11 PCN Form — Version 1 3 December 10 2008 Version 5 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b If yes explain in detail according to help file instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 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) S1 ®P ❑ T Constructed concrete /rock Ut to Buffalo ® PER ® Corps 45 6 waterway Creek ❑ INT ® DWQ S2 ®P ❑ T Structure stabilization @ Ut to Buffalo Creek ® PER ❑ INT ® Corps ® DWQ 45 10 inlet/outlet S3 ❑ PH T Cofferdam bypass Ut to Buffalo ® PER ® Corps 45 20 pumping Creek ❑ 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 16 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 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 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 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 ❑ Neuse F1 Tar Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T im act required? El Yes B1 ❑P ❑T ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T F1 Yes ❑ No 6h Total buffer impacts 61 Comments 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 In order to prevent the pipe from being on an extreme slope which could cause addditional stream destabilization the new pipe will be installed in a perched condition and a constructed concrete /rock waterway will be installed at the main flow pipe outlet to connect the pipe invert to the downstream bedrock elevation Additionally the upstream bank will be excavated to bankfull elevation to allow higher flows to more easily access the floodflow pipe 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 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? NA % 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 Plans ❑ 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 ❑ 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 application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result 1n ❑ 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 crntiena 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 No wastewater generated from project 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? E-1 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 field investigation 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 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 8b If yes explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? FEMA FIRM panel number 3710255400J Applicant/Agents Printed Name Date Applicant/Agent s Signature (Agents signature is valid only if an authorization letter from the applicant is provided ) Page 11 of 11 PCN Form — Version 1 3 December 10 2008 Version Pipe Replacement SR 2208, Brookfield Road Cleveland County Downstream Upstream Inlet i c mv, f - -a aa� -- Mn o a- n c 3 < v c O- -+• O O'O-3 um, 7 y 7 N P v 1 y CL ` N (�0 O_ rt P a o �N N n D P O cr p N ■ to p a Lo c c O (u �(np oo O. 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Ile 7 W Name GROVER Location 035 2261027 N 081 4824454 W Date 2/17/2012 Caption Pipe Replacement SR 2208 (Brookfield Drive) Ut to Buffalo Scale 1 inch equals 1000 feet Creek Class C Waters Broad River Basin Copynght (C) 1998 Maptech Inc NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division 19 County Cleveland Project ID 1213202311 River Basin Broad Bridge No NA Route SR 2208 Stream Ut to Buffalo Creek Water Quality Criteria XT-- AT- Stream Crossing Blue Line On USGS ry r- ORW r r WSI r- rv- WS II,III OR IV, Crossing Within 0 5mi of W S Critical Area r w 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? T— rV Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997)