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HomeMy WebLinkAbout20140433 Ver 1_Application_20140429„.srnh •�� � � � � mm„„ wr STATE OF NORTH CAROLINA DEPARTMENT OF 1'RANSPORTATION PAT L. MCCRORY Gove�aox AprIl 29, 2014 Mr. SYeven Kichefski Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 ANTHONY J. TATA SECRETA2Y SUBJECT: Pipe Replacement SR 1334 (Mt Olive Church Road), Alexander County Dear Mr. Kichefski: The North Carolina Department of Transportation requests authorization to replace a failing pipe on SR 1334 (Mt Olive Church Road) in Aiexander County. NCDOT proposes to replace the existing 73 foot, 30” CMP with a 80-foot, 36" CMP. The existing pipe is on �9% slope. It is proposed that the new pipe to be placed at existing streambed elevation. Due to the site conditions, NCDOT request a waiver from the Regional Conditions 2(b)(e) permit depth specification for Yhe construction of this project. Temporary cofferdam/bypass pumping system will be used to divert the stream around the construcfion site, if needed. Any areas affected by the temporary cofferdaan will be restored to pre-project conditions. The scope of Yhe work will result in 7feet of permanent impacts to an unnamed tributary to the East Prong Lower Little River, which is classified as Class C WaYers by the N.C. Division of Water Resources. The project is not located within % mile of any critical watershed area nor is SR ] 334 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 siYes and threaYened/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. This office has coizducted a GIS and field survey for the project threatened/endangered species. The federally lisYed species for Alexander County (USFWS listed date September 22, 2010) include dwarf-flowered heartleaf (Hexastylis naniflora) and Yhe bog turtle (Glyptemys rnuhlenbergia�-(T/SA- Threatened due to similarity of appearance). NaYional Heritage Pxogram records document ihe nearest heartleaf location 14.5 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 springheads. There is no suitable habitat in the proposed project area and no heartleaf species were observed within the project footprint. No impact on this species is anticipated. Natural Heritage Program records document the nearest bog turtle locafion A.0 miles northwest of the proposed project area. Bog turtles are typically found in bogs, marshes, and wet pasYUres_ T/SA species aze not subjecf to Section 7 consultation; however, there is no suitable habitat located within the project area and no impact on this species is anticipaTed. SR 1334, Mt Olive Church Road Page 2 Apri129, 2014 7 have enclosed a pre-construction nofification for a NW#3, sketches of planned activities and locarion maps relative to the project. Project information for Yhe 401 Automated Payment Procedure is as follows: • Work order number: 150465-55120005-122002ll-3300 • TIP#: NA • Project Category: $240.00 Fee If you have any quesYions or concerns please feel free to contact me at (704) A80-90A4. Thank you for your time and consideration on this matter. Respectfixlly yours, Reuben Chandler, P.E. Division Engineer Twelfth Division BY: �'� � Trish Beam Division 12 Envvonmental Supervisor Euclosures o��F,W ATFRQG �e '.� >= y �� O , qY_��-�c=. 't Offce Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Noti�cation PCN Form A. A licant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: � Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. Has the NWP 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 Certifcation — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certifcation — Express ❑ Riparian Buffer Authorization 1 e. Is this notifcation solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes � No ❑ Yes � No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � yes � No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes � No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes � No 2. Project Information 2a. Name of project: Pipe replacement, Mt Olive Church Road, SR 1334 2b. County: Alexander 2c. Nearest municipality / town: Taylorsville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state 12.200211 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 �LC 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: Reuben Chandler 4c. Busines s name N.C. Department of Transportation, Division 12 (if applicable): 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: rchandler@ncdot.gov 5. AgenUConsultant Information (if applicable) 5a. Name: Trish Beam 5b. Business name N.C. Department of Transportation, Division 12 (if applicable): Sc. 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 Sg. Email address: pdbeam@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 1 b. Site coordinates (in decimal degrees): Latitude: 35.9868 Longitude: - 812313 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: <.10 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary to East Prong Lower Little River proposed project: 2b. Water Quality Classifcation of nearest receiving water: C 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: An existing pipe on state maintained paved road. Landuse is residential 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 the deteriorating culvert for the safety of the travelling public. 3e. Describe the overall project in detail, including the type of equipment to be used: Replace the existing 73-foot, 30" CMP with a 80-foot, 36" CMP. The existing pipe is on -9% slope. If is proposed that the new pipe to be placed at existing streambed elevation at the same slope as the existing pipe. Temporary cofferdam pumping system will be used to divert the streams around the construction site if needed. All areas affected by temporary cofferdam system will be restored to pre-project conditions. 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 of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for � Yes � No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes � No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands � Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Tem ora T W1 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P 0 T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P❑ T ❑ �'es ❑ Corps ❑ No ❑ DWQ W6 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Tofal 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. 3 a. 3 b. 3 c. 3d. 3e. 3f. 3 g. Stream impact Type of impact Stream name Perennial Type ofjurisdiction Average Impact number- (PER) or (Corps - 404, 10 sheam length Permanent (P) or intermittent DWQ — non-404, Width (linear Temporary (T) (INT)? other) (feet) feet) S1 � P❑ T �ncrease in pipe UT to East Prong ❑ PER � Corps � � length Lower Little River � INT � DWQ Temporary S2 ❑ P� T Cofferdam/Pump UT to East Prong ❑ PER � Corps 1 100 Around (if Lower Little River � INT � DWQ needed) S3 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P 0 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 7* 3i. Comments: *Permanent Impacts Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Waterimpacts 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 Tem orar T 01 ❑P❑T 02 ❑P❑T 03 ❑POT 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. Sd. 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: 5i. 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 an impacts require miti ation, then ou MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ 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) Tem orar T im act re uired? B1 ❑P�T ❑Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. In an effort to avoid additional stream destabilization (headcutting and downcutting), due to the slopes of the pipe, NCDOT proposes to place the pipe inlet at existing streambed elevation. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes � No impacts to Waters of the U.S. or Waters of the State? 2b. Ifyes, mitigation is required by (check all that apply): ❑ DWQ ❑ COfpS ❑ Mitigation bank 2c. If yes, which mitigat ion option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 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 ❑ Yes � No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10. 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes � No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes ❑ No 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this projed? 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 governmenYs jurisdiction is this project? NA ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Pro ram 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 attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the � yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes � No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 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 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 a minimum criteria 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 ] 0 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Sa. Will this project occur in or near an area with federally protected species or � yes � No habitat? Sb. Have you checked with the USFWS concerning Endangered Species Act � yes � No impacts? ❑ Raleigh Sc. If yes, ind icate the USFWS Field Office you have contacted. ❑ Asheville Sd. 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 onsite survey. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ 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 located in vicinity of 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. 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: 371038200J /2. ��� %� �G�% ���- � �`°�9 � � Applicant/AgenYs Printed Name ApplicanUAgenYs Signature Date (AgenPs 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 Mt Olive Church Road, SR 1334 Alexander County Vicinity Map . ��ro��, , 9 r g 4 e z � 9�0£if1AN� N 0 0.5 1 2 Miles I i i i I i i i I NCDOT HA7.ARDOUS SPILL BASIN CHECKLIST Division: i � County: Alexancier Project ID: 12.200211 River Basin: Catawba Bridge No: NA Route: SR 1334 River Water Quality Criteria: Stream: Ut to East Pron� Lower Little 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- Arterial Urban Arterial Rural Additional Site Information: Is a Hazardous Spill Basin Required? Yes No � ;� r � Yes No � �� Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). 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