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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 SEA, PLLC COMPUTER FILE DISCLAIMER Any computer files included with this transmittal are for informational purposes only. Their content can be considered accurate at the time of delivery, but is subject to change, in the future, without notice. These files are not to be interpreted as final engineering drawings and are not to be used for property acquisition or project construction. Due to constant updates and revisions to computers and software packages, SEA, PLLC does not guarantee that these files can be opened or read by the recipient. Furthermore, SEA, PLLC policy does not permit the internal conversion of files to alternate software packages or operating systems. These activities, if necessary, shall be the responsibility of the recipient. By opening this file, the recipient understands that SEA, PLLC does not authorize in any way that drawing is accurate for construction material quantity takeoffs or for survey staking. This email has been checked for viruses by Avast antivirus software. www.avast.com 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