HomeMy WebLinkAbout20160896 Ver 1_More Info Received_20161026
Homewood, Sue
From:Bobby Kivett <Bobby@Asheboro.com>
Sent:Wednesday, October 26, 2016 5:49 PM
To:Homewood, Sue
Cc:Mack Summey
Subject:New century Revised PCN & Agreements
Attachments:6-21-16 PCN.doc; New Century RoW Agreement.pdf; New Century RoW Plat.pdf
Let me know if you need anything else. Thanks for your help.
Bobby
Bobby Kivett
Summey Engineering Associates, PLLC
P.O. Box 968
Asheboro, NC 27204
336.328.0902 office
336.328.0922 fax
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1
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Section 404 Permit Section 10 Permit
Corps:
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
For the record only for Corps Permit:
1e. Is this notification solely for the record For the record only for DWQ 401
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.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project: New Century Drive
2b. County: Randolph
2c. Nearest municipality / town: Asheboro
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Randolph County
3b. Deed Book and Page No. 1231/400
3c. Responsible Party (for LLC if
N/A
applicable):
3d. Street address: 725 McDowell Road
3e. City, state, zip: Asheboro, NC 27204
3f. Telephone no.: 336-318-6300
3g. Fax no.: 336-318-6853
3h. Email address: countymanager@co.randolph.nc.us
1
Page of 10
PCN Form – Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify: Owner
4b. Name: Michael Leonard
4c. Business name
City of Asheboro
(if applicable):
4d. Street address: 146 N. Church Street
4e. City, state, zip: Asheboro, NC 27204
4f. Telephone no.: 336-626-1201 ext.228
4g. Fax no.: 336-626-1218
4h. Email address: mleonard@ci.asheboro.nc.us
5. Agent/Consultant Information (if applicable)
5a. Name: H. Mack Summey, Jr., PE
5b. Business name
Summey Engineering Associates, PLLC
(if applicable):
1342 E. Salisbury Street
5c. Street address:
5d. City, state, zip: Asheboro NC 27204
5e. Telephone no.: 336-328-0902
5f. Fax no.: 336-328-0922
5g. Email address: mack@asheboro.com
2
Page of 10
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): 7659288862
Latitude: 35.66780 Longitude: - 79.831766
1b. Site coordinates (in decimal degrees):
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 30.2 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Little River
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin-Pee Dee
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 roadway (New Century Drive) to Randolph County Jail
3b. List the total estimated acreage of all existing wetlands on the property:
0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1110 lf Intermittent
3d. Explain the purpose of the proposed project:
To replace an existing deteriated corrigated metal arched pipe under roadway.
3e. Describe the overall project in detail, including the type of equipment to be used:
Install temporary driveway across stream to Randolph County Jail (Only access) and replace existing corrigated metal
arched pipe with new pipe under roadway and make required shoulder improvements. Work to be preformed with tracked
bachoe and track Loader.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes No Unknown
project (including all prior phases) in the past?
Comments:
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.
n/a
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.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
3
Page of 10
PCN Form – Version 1.3 December 10, 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. 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)
Yes Corps
W1 P T
No DWQ
Yes Corps
W2 P T
No DWQ
Yes Corps
W3 P T
No DWQ
Yes Corps
W4 P T
No DWQ
Yes Corps
W5 P T
No DWQ
Yes Corps
W6 P T
No DWQ
. Total wetland impacts
2g
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.
3g.
3a. 3b. 3c. 3d. 3e. 3f.
Impact
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average
length
number -(PER) or stream
(Corps - 404, 10
(linear
Permanent (P) or intermittent width
DWQ – non-404,
feet)
Temporary (T) (INT)?
(feet)
other)
PER Corps
S1 P T 26' Pipe Addition UT to Little River 6 26'
INT DWQ
40' Temporary
PER Corps
S2 P T pipe " 6 40'
INT DWQ
PER Corps
S3 P T Pump Around " 6 15'
INT DWQ
PER Corps
Pump Around &
S4 P T " 6 10'
Rip-Pap pad
INT DWQ
PER Corps
S5 P T
INT DWQ
PER Corps
S6 P T
INT DWQ
Total stream and tributary impacts
3h.
91'
3i. Comments: 54' of existing arch pipe to be replaced with 80' of new arch pipe.
4
Page of 10
PCN Form – Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number – (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
O1 P T
O2 P T
O3 P T
O4 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:
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
MUST
below. If any impacts require mitigation, then you fill out Section D of this form.
.
6a
Neuse Tar-Pamlico Other:
Catawba Randleman
Project is in which protected basin?
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) impact required?
Yes
B1 P T
No
Yes
B2 P T
No
Yes
B3 P T
No
Total buffer impacts
6h.
6i. Comments:
5
Page of 10
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.
New pipe to be installed in same location as existing pipe. Temporary drive is only wide enough to allow safe vehicle traffic.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Temporary dewatering will be performed within the impacted area and all dewatering structures will be removed when
completed.
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. If yes, mitigation is required by (check all that apply):
DWQ Corps
Mitigation bank
2c. If yes, which mitigation option will be used for this
Payment to in-lieu fee program
project?
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.
6
Page of 10
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.
Reason for impact Total impact Multiplier Required mitigation
Zone
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
1.5
Zone 2
Total buffer mitigation required:
6f.
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:
7
Page of 10
PCN Form – Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the projectinclude or is it adjacent to protected riparian buffers identified
Yes No
within one of the NC Riparian Buffer Protection Rules?
1b. 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?N/A %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The only impervious addition will be a
gravel access drive and this is temporary.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program
DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project? N/A
Phase II
NSW
3b. Which of the following locally-implemented stormwater management programs
USMP
apply (check all that apply):
Water Supply Watershed
Other: None
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: N/A
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
8
Page of 10
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?
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 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
Yes No
letter.)
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.
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.
None required
9
Page of 10
PCN Form – Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes No
impacts?
Raleigh
5c. If yes, indicate 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?
The USFWS website search engine.
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?
NOAA Habitat Conservation Website
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?
NC Listings in the National Register of Historic Places as of 8/3/12
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? Randolph County GIS
Michael Leonard
_______________________________
Date
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
10
Page of 10
PCN Form – Version 1.3 December 10, 2008 Version
Survey
BK 2509 PG 1085 (3)
This document presented and filed:
08/31/2016 09:58:09 AM
AGREEMENT
Fee $26.00
IIIIIII
IIII
IIII
illlll
illll
IIIiI
III
20027409
Randolph County North Carolina
Krista M. Lowe, Register of Deeds
PUBLIC RIGHT-OF-WAY AGREEMENT
Excise Tax: $0.00
This instrument was prepared by Jeffrey C. Sugg, City Attorney for the City of Asheboro, 146
North Church Street, Asheboro, North Carolina 27203.
lease place the recorded instrument in the box assigned to the City of Asheboro for pick up.
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
THIS PUBLIC RIGHT-OF-WAY AGREEMENT is entered into this �Q�'` day of
2016, by and between the following Grantor and Grantee:
GRANTOR: COUNTY OF RANDOLPH,
a political subdivision of the State of North Carolina,
725 McDowell Road, Asheboro, North Carolina 27205
GRANTEE: CITY OF ASHEBORO,
a North Carolina municipal corporation,
146 Nort
h Church Street, Asheboro, North Carolina 27203
The designation Grantor and Grantee as used herein shall include the said parties and their
heirs, successors, and assigns, and the designation shall signify singular, plural, masculine,
feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to Section 160A-296(4) of the General Statutes of North Carolina
(the "General Statutes"), the City of Asheboro has "general authority and control over all public
streets, sidewalks, alleys, bridges, and other ways of public passage within its corporate limits
except to the extent that authority and control over certain streets and bridges is vested in the Board
of Transportation;" and
WHEREAS, the above -referenced phrase "general authority and control" includes,
without limitation, the power on the part of the city, pursuant to Section 160A-296(4)(3) of the
General Statutes, "to open new streets and alleys ... and to acquire the necessary land therefor by
dedication and acceptance, purchase, or eminent domain;" and
WHEREAS, in furtherance of the development of a proposed industrial park with
anticipated economic benefits for the City of Asheboro an
Asheboro has agreed to construct and maintain a public street,
existing New Century Drive (North Carolina Secondary Rc
i
ndustrial park; and
i Randolph County, the City of
which will be an extension of the
ad
1244), to serve the proposed
BK 2509 PG 1086 DOC#20027409
WHEREAS, in order to construct the extension of New Century Drive needed for the
successful creation of the proposed industrial park, the City of Asheboro must acquire a permanent
50400t wide public right-of-way for the street, in addition to a temporary construction easement
area, across certain real property owned in fee simple by the County of Randolph; and
WHEREAS, in consideration of the potential economic benefits, specifically including
without limitation job creation, for the citizens of Randolph County, the County of Randolph has
agreed to grant the requested permanent public right -of --way and temporary construction easement
to the City of Asheboro;
NOW, THEREFORE, in consideration of the above-described economic benefits to the
citizens of Randolph County as a consequence of the City of Asheboro (Grantee) constructing and
maintaining public infrastructure within the public right-of-way described herein, the County of
Randolph (Grantor) has and by these presents does hereby grant, bargain, sell, and convey unto
the Grantee the following permanent public right -of --way and temporary construction easement
area: (1) A permanent 5046ot wide public right-of-way along, upon, and over a total of 1.022 acres
A land, more or less, described herein and located within the Grantor's lot or parcel of land
described as Tract II in Deed Book 1231, Page 400, Randolph County Registry, and (2) A
temporary construction easement for the Grantee to use for the initial construction of the new
public street along, upon, and over a total of 1.968 acres of land, more or less, described herein
and located within the Grantor's lot or parcel of land described as Tract II in Deed Book 1231,
Page 400, Randolph County Registry. The said permanent 50 -foot wide public right -of --way and
temporary construction easement conveyed herein are more particularly defined and described as
Follows:
PERMANENT 50 -FOOT WIDE PUBLIC RIGHT-OF-WAY
City of Asheboro, Cedar Grove Township, Randolph County, North Carolina:
All of the permanent 50 -foot wide public right -of --way labeled "Proposed 50'
Public R/W To City of Asheboro" as shown on a plat of survey titled "R/W
Survey For: Randolph County" that is recorded in Plat Book 149, Page 26,
Randolph County Registry. The said plat of survey was drawn under the
supervision of Dan W. Tanner, II, a Professional Land Surveyor with
registration number L4787, as part of a project identified on the plat as Job #
20160627newcenturyrw2.
TEMPORARY CONSTRUCTION EASEMENT AREA
City of Asheboro, Cedar Grove Township, Randolph County, North Carolina:
All of the temporary construction easement area labeled "Temporary
Construction Easement To City of Asheboro" as shown on a plat of survey titled
RAV Survey Survey For: Randolph County" that is recorded in Plat Book 149, Page
26, Randolph County Registry. The said plat of survey was drawn under the
supervision of Dan W. Tanner, II, a Professional Land Surveyor with
registration number L4787, as part of a project identified on the plat as Job #
20160627newcenturyrw2.
THE FURTHER TERMS AND CONDITIONS of the permanent public ri
ght -of --way
and temporary construction easement herein conveyed are as follows:
1. The Grantor agrees not to construct, install, erect, or place any structures or other
types of obstructions, whether permanent or temporary in nature, within the permanent public
right -of --way conveyed herein. The Grantor also agrees not to engage in cultivation within the said
public right -of --way. By way of illustration, and without limitation, of the scope of the agreed upon
prohibition of structures and obstructions within the said public right-of-way, the Grantor
expressly agrees not to place fencing or signs within the permanent public right-of-way conveyed
herein.
2. The Grantor hereby releases the Grantee from all claims for damages arising fr
om
this PUBLIC RIGHT-OF-WAY AGREEMENT and from all claims for damages arising from the
BK 2509 PG 1087 DOC#20027409
future use by the Grantee of the above-described permanent public right -of --way for all purposes
for which the Grantee is authorized by law to subject the said public right -of --way.
3. The Grantee does not waive or forfeit the right to take action to ensure compliance
with the terms, conditions, and purposes of this PUBLIC RIGHT-OF-WAY AGREEMENT as a
consequence of prior failures to act to ensure compliance with the Agreement.
4. The permanent public right -of --way granted herein shall remain until such time as
iIt is expressly released by the Grantee.
5. Upon completion of the initial construction of the public street, the temporary
construction easement conveyed herein shall terminate without further action by either the Grantor
or the Grantee.
6. There are no conditions to this PUBLIC RIGHT-OF-WAY AGREEMENT not
expressed herein.
TO HAVE AND TO HOLD the aforesaid public right -of --way interests and all privileges
and rights thereunto belonging to the Grantee forever. The covenants agreed to and the terms,
conditions, and restrictions imposed herein shall be binding upon the said Grantor and shall
continue as a servitude running in perpetuity with the above-described land.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on its
?y its duly authorized managers on the day and year first written above.
TTEST:
A
manda
lerk to - Board
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
COUNTY OF RANDOLPH:
Dell L. Frye, Chairman "
Randolph County Board of Commissioners
I am a Notary Public of the county and state aforesaid, and I do hereby certify that Amanda
Varner, who is personally known to me, appeared before me this day and acknowledged that she
is the Clerk to the Board for the Randolph County Board of Commissioners, and that, by authority
duly given and as the act of the County of Randolph, the foregoing instrument was voluntarily
executed on behalf of the County by Darrell L. Frye, the Chairman of its Board of Commissioners,
sealed with the County's seal, and attested by her as Clerk to the Board for the purposes stated
herein.
Witness my hand and notarial seal, this 30 "'day of �ict. � USt" 120160
My commission expires:
�� It3� moo► �`
Notary Public
(Name of N