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HomeMy WebLinkAbout20070110 Ver 1_Application_20070119M'R~o d ~a r~ aw. ~~ STATE of NORTH CAROLINA G~ ~~ *~ "!~ ,.~jt~ ~ ~"%1 ",,C/~ .DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY January 16, 2006 Mr. Steve Lund O 7 ® 1 US Army Corp of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N. C. 28801-5006 SUBJECT: Emergency pipe repair (End Section Replacement) on SR 1268 (River Road), Lincoln County Dear Mr. Lund: The North Carolina Department of Transportation proposes to replace a 12-foot failing pipe end section on a 70-foot, 52" pipe on SR 1268 (River Road) in Lincoln County. The road shoulder above the pipe is beginning to collapse and there is concern for public safety; therefore, this project is considered an emergency project and construction will commence immediately. The existing pipe will set the grade of the pipe end replacement; therefore, the repaired pipe may be on normal streambed grade rather than the required one-foot below streambed elevation. Due to the existing site conditions, NCDOT requests a waiver from the Regional Condition 2(b)(e) permit depth specification, for the construction of this project. Temporary cofferdams and bypass pumping will be used for stream management during construction. Upon project completion, the area impacted by the temporary cofferdams will be returned to pre-project conditions and seeded and stabilized. The total scope of the work will result in 5 feet of permanent riprap impacts to the embankments of an unnamed tributary to South Fork Catawba River, which is classified as a WS-1V watershed by the Division of Water Quality. The project is not located within Yz mile of any critical watershed area nor is SR 1268 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 Lincoln County (USFWS listed dated March 8, 2006) include Michaux's sumac (Rhus michauxii) and the dwarf-flowered heartleaf (Hexastylis nan~ora). SR 1286, River Road Page 2 January 16, 2007 Natural Heritage Program records document the nearest Michaux's sumac location approximately 22 miles southeast (in Mecklenburg County) of the proposed project area. There are no known sites of Michaux's sumac in Lincoln County. The sumac is typically found in sandy or rocky, open woods and appears to survive best in areas with some disturbance, such as artificially or naturally maintained clearings. There did there appear to be suitable habitat located in the project area. Natural Heritage Program records document the nearest dwarf-flowered heartleaf location approximately 3.6 miles south 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 springheads. There is no habitat within the proposed project area and no species were observed. NCDOT is recommending a finding of "no effect" for T&E species and historical structures. I have enclosed apre-construction notification for a NW#3, 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: 150463-55120005-12B.205511-3855 • 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 BY: ~i~ 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) Office Use Only: Form Version March OS 2 0 0 7 0 f~ n USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not 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 #3 (WQC#3494)_ 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 Shelby, North Carolina 28151 Telephone Number: 704-480-9020 E-mail Address: Fax Number: 704-480-5401 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Trish Simon Company Affiliation: N.C. Department of Transportation Mailing Address: P.O. Box 47 Shelby, 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 cleazly 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 aze provided. 1. Name of project: Emergenc~Pipe Repair (End Section Replacement), River Road (SR 1268) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 128.205511 3. Property Identification Number (Tax PIN): NA 4. Location County: Lincoln Nearest Town: Lincolnton Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): From Lincolnton, west on Hwy 27 turn right onto North Grove Street (SR 1008)• turn right onto Startown Road (SR 1005) Turn right onto River Road (SR 1268~and proceed ~0.5 miles to site. 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°30'07"°N 81°16'15"°W 6. Property size (acres): < 0.10 acres 7. Name of neazest receiving body of water: Unnamed tributary to South Fork Catawba River, WS-IV Watershed (from Catawba-Lincoln County line to a point 0.8 mile upstream of SR 1008). 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•//h2o enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing Conditions-pipe 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. Repair of a 52" 70-foot ,ape. A 12-ft end section at the pipe outlet has failed and is causing the road shoulder to collapse. The 12-ft end section will be replaced and Class II riprap will be placed at the outlet for structure stabilization. The slope of the existing_pipe will set the grade of the replacement section• therefore it is possible that the Qpe outlet will be on streambed rg ade rather than one-foot below the normal streambed elevation, after construction is complete. Typical heave equipment (trackhoe backhoe etc) will be used for the construction of this project 11. Explain the purpose of the proposed work: The purpose of the proposed work is to repair a broken ape section and repair the road shoulder for the safety of the travelling_public. 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 riprap embankment stabilization. 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, ePr~arately list imnactc dne to hnth structure and flondin~. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) 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/stralghtening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mnct he inclnrlPrl_ Tn calculate acrea~e_ multiply length X width. then divide by 43,560. Stream Impact Perennial o Average Stream Impact Area of Number Stream Name Type of Impact ~ Intermittent Width Before Length Impact indicate on ma . Im act linear feet acres UT to South Class II Riprap on 1 Fork Catawba embankment for Perennial 5 feet 5 .0006 River structure stabilization Temporary 1 CofferdamsBypass 30 feet .002 PiP~g * 5 feet * .0006 Total Stream Im act len hand acrea e P roy ~ g) permanent Permanent *Permanent impacts contained within area of temporary impacts 30 feet .002 temporary temporary 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. 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) 0 Page 4 of 8 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect: Stream Impact (acres : 0.0006 Wetland Impact (acres): 0 O en Water Im act acres): 0 Total Im act to Waters of the U.S. (acres) 0.0006 Total Stream Im act (linear feet): 5 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. NA 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 broken end section and road shoulder must be repaired for the safety of the travelling_public. Minimal riprap utilized at repaired outlet for structure stabilization. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors Page 5 of 8 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/strm ~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No Page 6 of 8 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * I Impact I Required Zone , ~__„_„ r ~,~ Multiplier ,~,~;,;,~„t;~„ 3 (2 for Catawba) 1.5 Total ~ ~ I ~ * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. XI. XII. 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration / Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or .0244, or .0260. 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. 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 project. type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified Page 7 of 8 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this 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 repair and riprap stabilization will not result in additional development of the surrounding area The ape and shoulder repair must be for the safety of the travelling_public. 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 SR 1268, River Road Emergency Pipe Repair of Failing end section ~ '- - I # - ''. - t 5 _ ~ j r l ~' ~~ ~ ~~"t f; i ~w ;~ f ~ ''`fit '~ ~` _ - ~ . f ~_•.' @I ~ 1 " ^ { ' ~ s ', ,~ s jl i ~ 1 I I , ' ~ ~ ,s, • I ~ +, 1'' I ..; ( _ ~'' f f~ r' ~ ~. ;. ~;,,.~~ t~ , r ~~ '~~ ~~~ 'i •44 t f 4 1~Y,.. V ~~f~.J' fi f ~ Tr -, R .,• - ~~ ti, 5 1~ ~: ~ ~`f d,. 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AO Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; average depths of inundation are shown, but no flood hazard factors are determined. AH Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined. A7-A3U Areas of 100-year flood; base flood elevations and flood hazard factors determined. A99 Areas of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. B Areas between limits of the 100-year flood and 500- year flood; or certain areas subject to 100-year flood- ingwith average depths less than one (1) foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood. (Medium shading) C Areas of minimal flooding. (No shading) D Areas of undetermined, but possible, flood hazards. V Areas of 100-year coastal flood with velocity (wave action); base flood elevations and flood hazard factors not determined. V1-V3U Areas of 100-year coastal flood with velocity (wave action); base flood elevations and flood hazard factors determined. NOTES TO USER Certain areas not in the special flood hazard areas (zones A and V) may be protected by flood control structures. This map is for flood insurance purposes only; it does not neces- sarily show all areas subject to flooding in the community or all planimetric features outside special flood hazard areas. For adjoining map panels, see separately printed Index To Map Panels. ~ 2 ~ac~~ Fierce i ~:3~r.<<, M~rL i r _._. _._.. _ wt ,,!b .p ~."`.. 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E ~ C'~ W a ~ 4a G~ a ~ r-.~ ~ ~•: _.. ~ ,~ ti~ ~:;; CL ,~~-. ~:, ~, ~ 5. :~~ _ ~, ~.- ~ ~~ ~...~ :~ ~.. at .~- ~d 5 ~ ~ } , ~ a"i k P T '~ , ~r..• [[ tt a YY ~ "6 G a.. ~tC~' td~ ~ ~S r,~° .,,t_. ~ .~. ~ ~., y9 .~ w L~ ``a~ ~ 6 ~ m ~'~ r "~: ~ N ` C ~ I ~ ~ ~ ..~. ~// ~~~ v sr~s~, '~Y ~ ~R? ~~ V~7 P~ (~ Q C ~ c " N .~.. ~ ~' p G j O o .ear fi n rn, ~ ~--... <; _~~ ,. ca ~ v n t"P'~ t'. ti_°Y ,. ~.t ' y~- ~ ~i-3~i 4.aY „ t r. ~~-_ ~•. fr S ~ 6 ~~ ~ r ± , ~.. ky ~ ... N ~~ ~C -~ ,~ ~t r I 4~ j ~ ~` ~` i ~' ~ ~ f~ NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 1 ~ County: T ,inrnln Project ID: River Basin: Catawba Bridge No: Pipe Repair (Replacement of end section) Route: SR 1286, River Road Stream: UT to South Fork Catawba River, WS-IV Watershed Water Quality Criteria: Yes No Stream Crossing Blue Line On USGS ~ r ORW ~ r WSI r r WS II,III OR IV, Crossing Within O.Smi of W.S. Critical Area r r Roadw ~ Criteria: Route Designation- Arterial Urban Arterial Rural Additional Site Information: Is a Hazardous Spill Basin Required? Yes No r r Yes No r r Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997).