HomeMy WebLinkAbout20090459 Ver 1_Application_20090423
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
April 20, 2009
Mr. Brian Wrenn
Division of Water Quality e(!?
401/Transportation Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
SUBJECT: Emergency pipe replacement on SR 1444 (Beaten Path Road), Iredell County
Dear Mr. Wrenn:
The North Carolina Department of Transportation proposes to replace a failed pipe on SR 1444
(Beaten Path Road) in Iredell County. A roadway pipe carrying stormwater flow and drainage
from a small wetland area has collapsed and a "sinkhole" formed along the road shoulder;
therefore, the project was considered an emergency project and construction commenced
immediately. The existing 74 foot, 18" CMP will be replaced with a 74-ft long, 24" RCP, plus, a
4 It x 4 ft dropbox with a 16-foot 24" RCP extending from the dropbox at streambed elevation.
The dropbox was included in the pipe replacement/extension to dissipate stormwater flow/energy
within the pipe system and also to lessen the slope of the proposed pipe in an effort to prevent
further stream destabilization. Due to the potential for sediment loss from the pipe failure and
subsequent excavation during pipe construction, an instream sediment basin was used. Upon
project completion, the basin will be removed and the channel restructured to "normal" channel
dimensions based upon a reference cross-section of the stream channel before construction
disturbance. The channel reconstruction will consist of the construction of rock-faced benches
and coir fiber matting for stabilization. The "inlet" of the existing 15" RCP, which extends to the
small upstream wetland will be replaced with a 15" HDPE and the disturbed area around the pipe
inlet will be stabilized with coir fiber matting and seeded with wetland seed mix.
The total scope of the work will result in a 20 feet of permanent impacts and -10 feet of
temporary impacts to an unnamed tributary to Catawba River (Lake Norman, below elevation
760), which is classified as a WS-IV & B CA watershed by the Division of Water Quality
The project is located within the critical watershed area; however, SR 1444 is not a rural or urban
arterial; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill basin
checklist. 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. There will be no effect on any for
historical structures.
SR 1444, Beaten Path Road
Page 2
April 20, 2009
This office has conducted a GIS and field survey for threatened and endangered species in the
vicinity of the project. The Natural Heritage Program records document the nearest dwarf-
flowered heartleaf location approximately 13.5 miles southwest of the proposed project in
Catawba County. 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. The project
area is mostly residential with some forested areas. There is no suitable habitat within the
proposed project area and no heartleaf species were observed. The Natural Heritage Program
records document the bog turtle location approximately 7.5 miles southeast of the proposed
project. Bog turtles are typically found in bogs, marshes, and wet pastures. There is no suitable
habitat located within the project area. T/SA species are not subject to Section 7 consultation;
however, no impact on this species is anticipated.
I have enclosed a pre-construction notification for a NW#14, sketches of planned activities, and
location maps relative to the project.
Project information for the 401 Automated Payment Procedure is as follows:
• Work order number: 150461-55120005-12.204911-3126
• TIP #: NA
• Project Category: $240.00 Fee
If you have any questions or concerns, please feel free to contact me at (704) 480-9044. Thank
you for your time and consideration to this matter
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
BY:
Trish Simon
Division 12 Environmental Supervisor
Enclosures
Cc: Polly Lespinasse, DWQ, Mooresville Regional Office
O?O?_ W AZ, qOy
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC 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: NW 14 (GC 3704) 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? Ff he record only for DWQ 401
icati on:
Yes ®No For the record only for Corps Permit:
®Yes ? No
If. 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
El
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: SR 1444 (Beaten Path Road) Pipe Replacement
2b. County: Iredell
2c. Nearest municipality / town: Mooresville
2d. Subdivision name: NA
2e. NCDOT only, T.I.P. or state
project no: 12.204911
3. Owner Information
3a. Name(s) on Recorded Deed: NC DOT Right of Way
3b. Deed Book and Page No. NA
3c. Responsible Party (for LLC if
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:
41b. Name: Mike Holder
4c.
4d. Business name
(if applicable):
Street address: N.C. Department of Transportation, Division of Highways
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: mholder@ncdot.gov
5. Agent/Consultant Information (if applicable)
5a. Name: Trish Simon
5b.
5c. Business name
(if applicable):
Street address: N.C. Department of Transportation, Division of Highways
1710 East Marion Street
5d. City, state, zip: Shelby, NC 28151
5e. Telephone no.: 704-480-9044
5f. Fax no.: 704 480-5401
5g. Email address: tsimon@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
la. Property identification no. (tax PIN or parcel ID): NA
Latitude: 35.5759237 Longitude: -
1b. Site coordinates (in decimal degrees): 80.9172844
DDDDDD)
(-DD
DD
.
)
(DD.DDDD
1c. Property size: <.10 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Catawba River (Lake Norman below elevation 760)
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV & B CA
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:
74-foot, 18 " CMP. Land use is mostly residential with mixed forest 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:
20
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to replace a failed pipe for the safety of the travelling public.
3e. Describe the overall project in detail, including the type of equipment to be used:
Replacing existing failed 74-foot, 18" pipe, with a 24", 74-foot pipe and a 4 It x 4 ft drop box and 16 feet of 24" pipe set at
streambed grade extending from the drop box. The purpose of the drop box is to dissipate energy within the pipe system.
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: Jursidictional determination made by NCDOT
Division 12 DEO - contacted DWQ for jurisdictional
verification
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: DWQ
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
4/9/09- No written documentation
5. Project History
5a. Have permits or certifications been requested or obtained for El 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
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.
2b. 2c. 2d. 2e. 2f.
2a
.
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
IQ
?D
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.
3b. 3c. 3d. 3e. 3f. 3g.
3a
.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
m length
t
rea
number - (PER) or (Corps - 404, 10 s
Permanent (P) or intermittent DWQ - non-404, width (linear
feet)
Temporary (T) (INT)? other) (feet)
S1 ®P ? T Dropbox/Pipe
i
E UT to Catawba
River (Lake PER
?
®INT ® Corps
®DWQ
1.5 feet
20 feet
on
xtens Norman)
S2 ? P ® T 'Instream
sediment basin ? PER
® INT ® Corps
® DWQ 10 feet
? PER ? Corps
S3 ? P ? T ? INT ? DWQ
? PER ? Corps
S4 ? P ? T ? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts 30
3i. Comments: ' Stream channel in area of instream basin to be reconstructed to reference condition upon completion of
n.n,eM
Page 5 of 11
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
Lem ora T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
then complete the chart below.
pond or lake construction ro os
.
5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Proposed use or purpose
E (acres)
number
of pond Flooded Filled Excavated Flooded Filled Excavated Flooded
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 mitigation, then you 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 ora T impact required?
?Yes
B1 ?P?T ? No
?Yes
B2 ?P?T ? No
- ?Yes
B3 ?P?T T 7
1 ? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form -Version 1.3 December 10, 2008 Version
Justification and Mitigation
ance and Minimization
pecifically describe measures taken to avoid or minimize the proposed impacts in designing project.
ction of stream channel in area of instream basin to maintain channel dimensions.
pecifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
F
r fiber matting on banks of reconstructed channel. Stabilization using of coir fiber matting and wetland seed mix in
upstream wetland area after removal and replacement of pipe.
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.
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
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 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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.
? Yes ? No
Comments: NA
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 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. (Implementation, management, and inspection of erosion control devices and control of
discharge sources (ie. construction equipment).
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
NA
? 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? NA
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs El USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
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:
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
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. 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
t
l
St
? Yes ®No
e
or
a
environmental document pursuant to the requirements of the Nationa
(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 El Yes ? No
letter.)
Comments: NA
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
d
d
d St
? Yes ® No
an
ar
s,
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetlan
or Riparian Buffer Rules (15A NCAC 2B.0200)?
21b. 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): Pipe failure and
sinkhole formation along roadway was considered an emergency project which required immediate repair. The DWQ regional
office was contacted on April 8, 2009 and verbal approval for pipe repair was given by DWQ personnel.
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 10 of 11
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?
NC Natural Heritage Program database
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; however, the pipe replacement project occurs within a previously impacted area
(NCDOT Right of way).
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:3710462700E
(ncsparta.net)
M,L. Nolde/ N1.L.? ln? ?r -,)o -0
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's 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
SR 1444 (Beaten Path Road)
Iredell County
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Name: LAKE NORMAN NORTH
Date: 4/17/2009
Scale: 1 inch equals 1000 feet
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Location: 035.5759237° N 080.9172844°W
Caption: Emergency pipe rplcmnt, SR 1444 (Beaten Path Rd), UT to
Catawba River (Lake Norman), WS-IV B CA, Catawba Basin
SR 1444, Beaten Path Road
Iredell County
Sinkhole area
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NOSIAIO A813HS:01 828L-9L8-b02- UN31NIUW '00 -11303JI:WOJd HEb:60 6002-9L-NdC
NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 12 County: fredell Project ID:
River Basin: Catawba Bridge No: Pipe Replacement
Route: SR 1444 (Beaten Path Road) Stream: UT to Catawba River
(Lake Norman below el. 760) WS-IV & B CA Watershed
Water Quality Criteria:
Yes No
Stream Crossing Blue Line On USGS ? r
ORW r W.
WS1 ? rv-j
WS 11,111 OR W, Crossing Within 0.5mi of W.S. Critical Area R6 ?
Roadway Criteria:
Route Designation-
Arterial Urban
Arterial Rural
Yes No
r rv-,
r R
Additional Site Information:
Is a Hazardous Spill Basin Required?
Yes No
r r
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).
• 11 ,