HomeMy WebLinkAbout20141073 Ver 1_Application_20141009
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J. TATA
GOVERNOR SECRETARY
716 West Main Street, Albemarle, NC 28001 Office (704) 983-4400 Fax (704) 982-3146
October 8, 2014
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
Attention: Ms. Crystal Amschler
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: After the Fact Nationwide 3 Permit Waiver
Secondary Road Pipe Replacement SR 1119 (Beaver Road)
Anson County - WBS Element Number 10B.200411
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) has replaced a pipe located
on SR 1119 (Beaver Road) Anson County under the Nationwide 3 Permit and
corresponding Water Resources Certification. This pipe failed during a recent rain event
and was deemed an emergency replacement by the Division 10 Bridge Maintenance
Engineer.
The existing pipe (73”x44”x36’) CMPA was replaced with a (95”x67”x40’) CMPA with
headwalls. The (NCDOT) could not meet the conditions of the Nationwide 3 permit and
is requesting an after-the-fact waiver for this emergency work. This pipe could not be
buried the required foot on the outlet end due to the inlet elevation of (98.54) and the
outlet elevation of (94.68). If replaced at these elevations it would have resulted in the
pipe being replaced on a 10% grade causing a severe head cut. This pipe has been
replaced on a .5% grade using the stream bed elevations of (98.54 inlet) and (98.38
outlet) resulting in a perched pipe. Due to the pipe being perched and at the request of
(NCDENR) (DWR) the (NCDOT) will construct a Rock Ladder tying the streambed
elevation at (94.68) to the invert of the outlet (98.38).
This crossing carries Middle Fork Jones Creek which is a Class C water located in the
Yadkin River Basin, Hydrologic Unit 03040201. This work when completed will have
impacted an addition 14’ of Middle Fork Jones Creek. Impacts include 4’of additional
pipe and 10’ of rock for the construction of the Rock Ladder.
The subject project has been reviewed for the presence of federally listed threatened and
endangered species and described in a Minimum Criteria Checklist. It has been
716 West Main Street, Albemarle, NC 28001 Office (704) 983-4400 Fax (704) 982-3146
determined that this pipe replacement activity will have no effect on any listed plant or
animal species.
Any surface waters not affected by the project will be protected from unnecessary
encroachment. The staging of construction equipment, or storage of construction
supplies, will not be allowed in or near surface waters. Sediment and erosion control
Best Management Practices will be adhered to during the life of the project.
Practices for the protection of wetlands and surface waters will be enforced during
project construction and continued coordination will occur between (NCDOT) Division
10 Bridge Maintenance, their Supervisor, and the Division Environmental Supervisor
during construction in an effort to minimize additional impacts.
The NCDOT anticipates that a waiver will be granted and that this project will be
authorized under a Section 404 Nationwide Permit No. 3 and we are requesting
authorization from the North Carolina Division of Water Quality to utilize the
corresponding 401 Water Quality Certifications based upon the enclosed information.
If you have any questions or need any additional information regarding this request,
please contact Mr. Larry Thompson, Division Environmental Supervisor, at (704) 983-
4400. Thank you for your assistance with this request.
Sincerely,
Louis L. Mitchell, PE
Division Engineer
Enclosures
cc: Ms. Alan Johnson, NCDWQ
Mr. Kevin Bridges, BME
Mr. Phil Suggs, FOE
File
Page 1 of 12
PCN Form – Version 1.0 November 2008 Version
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. 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:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. 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
1e. 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 1h
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 119 (Beaver Raod)
2b. County: Anson
2c. Nearest municipality / town: Wadesboro
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: 10B.200411
3. Owner Information
3a. Name on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.0 November 2008
Section A. Applicant Information, continued
Page 2 of 12
PCN Form – November 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name: Louis Mitchell
4c. Business name
(if applicable): NC Department of Transportation
4d. Street address: 716 W. Main Street
4e. City, state, zip: Albemarle, NC 28001
4f. Telephone no.: 704-982-0101
4g. Fax no.: 704-983-4400
4h. Email address: lmitchell@ncdot.gov
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 3 of 12
PCN Form – Version 1.0 November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): 34.88334‘N - 80.151944‘W
1c. Property size: .0459 (60' maintained ROW area) acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Middle Fork Jones Creek
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin
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:
SR-1119 (Beaver Road) is a paved secondary road in Anson County . The general land use is mixed hardwood forrest.
3b. List the total estimated acreage of all existing wetlands on the property:
.00
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There is 50 linear feet of stream associated with this project.
3d. Explain the purpose of the proposed project:
To replace the existing pipe which has failed and improve the safety of the roadway.
3e. Describe the overall project in detail, including the type of equipment to be used:
Erosion control devices will be installed along with an impervious dike with a bypass pump to allow for dewatering. (This
will allow all work to be completed in the dry.) NCDOT's Bridge Crew will remove the failing existing (73"x44"X36') CMPA
and replace it with a new (95"x67"x40') CMPA with headwalls. NCDOT’s Best Management Practices for pipe removal
will be adhered to during the construction of this project.
Because of the drastic change in streambed elevation from the Inlet (98.54) and the outlet (94.68), the new pipe will be
perched to allow for a .5% fall in grade. NCDOT will construct a 10' Rock Ladder dropping in (approx.) 1' increments to
connect to invert of the outlet to the streambed. (See drawing provided). Shoulders will be constructed along both sides
of the road with appropriate erosion control measures staying in place until vegetation is established.. The equipment
that will be required to construct this project will include: dewatering pump, trackhoe, dumptrucks, vibratory roller, motor
grader and paving equipment.
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
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Alan Johnson
Agency/Consultant Company: NCDWR
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
9/11/2014
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.
The Nationwide 3 pemit and coorrsponding Water Quality Certification (3883) are being used to complete this work.
B. Project Information and Prior Project History
Page 4 of 12
PCN Form – November 2008 Version
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
Page 5 of 12
PCN Form – Version 1.0 November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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.
Wetland impact
number –
Permanent (P) or
Temporary (T)
2b.
Type of
impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
(Corps - 404,
DWQ – non-404, other)
2f.
Area of impact (acres)
W1 P T Yes No Corps
DWQ
W2 P T Yes No Corps
DWQ
W3 P T Yes No Corps
DWQ
W4 P T Yes No Corps
DWQ
W5 P T Yes No Corps
DWQ
W6 P T Yes No Corps
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.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of
impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Average stream width (feet)
3f.
Impact
length
(linear feet)
S1 P T
Replacin
g
(73"x44"x
36')CMP
A with
(95"x67"x
40')CMP
Middle Fork
Jones Creek PER INT 7 Feet 4 Feet
S2 P T
10' for
the
installatio
n of a
rock
ladder.
Middle Fork
Jones Creek PER INT 7 Feet 10
S3 P T Dewateri
ng
Middle Fork
Jones Creek PER INT 7 Feet 60 Feet
S4 P T PER INT
S5 P T PER INT
C. Proposed Impacts Inventory, continued
Page 6 of 12
PCN Form – November 2008 Version
S6 P T PER INT
3g. Total stream and tributary impacts
74 Feet of
Permanent
and
Temporary
impacts
3h. Comments: The 14' of permanent impact is due to the addtions of 4' of pipe and 10' of rock to construct a rock ladder.
The temporary impacts are to allow for dewatering the work area.
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.
Open water
impact number
– Permanent
(P) or
Temporary (T)
4b.
Name of
waterbody
(if
applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
O1 P T
O2 P T
O3 P T
O4 P T
4f. Total open water impacts
4g. Comments:
C. Proposed Impacts Inventory, continued
Page 7 of 12
PCN Form – November 2008 Version
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
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 any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
Neuse Tar-Pamlico Other:
Catawba Randleman
6b.
Buffer impact
number –
Permanent (P)
or Temporary
(T)
6c.
Reason
for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1 impact (square
feet)
6g.
Zone 2 impact
(square feet)
B1 P T Yes No
B2 P T Yes No
B3 P T Yes No
6h. Total buffer impacts
6i. Comments:
Page 8 of 12
PCN Form – Version 1.0 November 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.
NCDOT will limit the amount of permanent impacts with the construction of headwalls and the construction of a rock
ladder at the outlet of the pipe. The headwalls will aid in minimizing the length of pipe needed to establish the necessary
road shoulder width. The rock ladder will help in reconnecting the invert of the outlet to the streambed and allow for the
pipe to lay on a .5% grade lessening the chance for head cutting. During the construction phase the work area will be
dewatered as needed throughout the construction process in an effort to minimize sediment loss. All erosion control
devices will remain in place until ground cover is established and all NPDES records will be kept in compliance
throughout the life of the project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts will be minimized by installing appropriate erosion control measures and keeping the site dewatered throughout
the construction process. Elevation will be taken to ensure proper pipe installation.
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 mitigation 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.
D. Impact Justification and Mitigation, continued
Page 9 of 12
PCN Form – November 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 Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. 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).
6d. Comments:
Page 10 of 12
PCN Form – Version 1.0 November 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? Yes No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? Yes No
2b. Is the project subject to General Certification 3704 or 3705? Yes No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater
management programs (check all that apply)?
If so, attach one copy of the approval letter from the DWQ and one copy of the
approved stormwater management plan.
Coastal counties
HQW
ORW
Session Law 2006-246
Other: NCDOT NCS000250
3b. In which local government’s jurisdiction is this project? Anson County
3c. Is this local government certified to implement a state stormwater program?
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
Yes No
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? .0459 ac
4b. Does this project contain any areas that meet the criteria for “high density” per
General Certifications 3704 and 3705? Yes No
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
This work will not increase the existing impervious area being that the current asphalt will be removed and replaced with
new asphalt using the same footprint as before the removal.
4d. Has a completed BMP Supplement Form with all required items been submitted
for each stormwater BMP? Yes No
Page 11 of 12
PCN Form – Version 1.0 November 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
use of public (federal/state) land? Yes No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
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.)
Comments:
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
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
additional development, which could impact nearby downstream water quality? Yes No
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.
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.
F. Supplementary Information, continued
Page 12 of 12
PCN Form – November 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
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage GIS data layer and a field review conducted by NCDOT biologists.
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?
South Atlantic Fishery Management Council
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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places and NC State Historic Preservation Office
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? NCDOT GIS data layer
Louis Mitchell
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
10/8/2014
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established before contact with the stream takes place.it is in direct contact with the stream unless vegetation can be Earth material shall not be used to construct an impervious dike when polypropylene or other impervious fabric.sandbags, and/or the placement of an acceptable size stone lined with Acceptable materials shall include but not be limited to sheet piles, directed by the Engineer.an acceptable material in the locations noted on the plans or as siltation of the stream. The impervious dike shall be constructed of seepage of water into the construction site or contribute to approved by the Engineer. The impervious dike shall not permit Supervisor shall construct an impervious dike in such a manner diverting normal stream flow around the construction site. The maintaining, and removing an impervious dike for the purpose of The work covered by this section consists of furnishing, installing, Impervious Dike:NOTEAT THE END OF EACH DAY.COVER ALL EXPOSED EARTH OR SEED & STRAW. WITHOUT COIR FIBER MATTING EXPOSED EARTH ON SLOPES USE SILT FENCE TO CONTAINNOTES: REQUIRED THAT ALL WORK WITHIN THE STREAM BE COMPLETED "IN THE DRY". WATER SHALL BE PUMPED AROUND THE PROJECT SITE AND ALLOWED TO SHEET FLOW THROUGH VEGETATION OR BE FILTERED THROUGH AN APPROVED SILT BAG. GIVEN THE FACT THAT WATER WILL FLOW THROUGH THE PROJECT DURING EVENING HOURS, ANY EXPOSED DIRT SHOULD BE COVERED WITH FILTER FABRIC OR PLASTIC SHEETING PRIOR TO LEAVING THE PROJECT.BETWEEN THE WORK AREA AND THE WATERCOURSE.BACKFILL OPERATION TO PROVIDE CONTAINMENT CONTROL BMP’S SHALL BE INSTALLED PRIOR TO THE NOTES: INTERMEDIATE EROSION AND SEDIMENTATION
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DEPARTMENT
O
F
T
R
A
N
S
POR
T
A
T
I O N
S
T
ATE
O
F
N
O
R
T
H
C
AROLINA
D I
V
ISI
O
N
O
F
H
IGHWAYS
D I
V
I
S
I
O
N
10
DIVISION D
E
S
IG
N
C
O
N
S
T
R
UC
T
U
N
IT
9
5
"
x
6
7
"
C
M
P
A
H
E
A
D
W
A
L
L
R
O
C
K
L
A
D
D
E
R
C
U
T
A
W
A
Y
V
I
E
W
I
N
A
N
S
O
N
C
O
U
N
T
Y
1
.
7
M
I
.
E
.
J
C
T
.
(
S
R
1
1
2
1
)
B
E
A
V
E
R
R
D
.
(
S
R
1
1
1
9
)
N
/
A
9
-
1
2
-
0
6
M
J
C
M
J
C
N
/
A
1
0
B
.
2
0
0
4
1
1
2
2
DETAIL A-AELEV. 98.38ELEV. 95.88ELEV. 94.88ELEV. 94.68
E
L
E
V
.
9
8
.
5
4
L
O
C
A
T
E
D
I
N
T
R
E
E
R
T
O
F
P
I
P
E
B
E
N
C
H
M
A
R
K
E
L
E
V
.
1
0
0
.
0
0