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HomeMy WebLinkAbout20081567 Ver 1_401 Application_20081013 PUT S 1Te- oj ! tvF- u-C r-I E of A sve-o? qs A Cop- P. 08-1567 A 'De N u-c-?" (Dla4Jo<d A1T -T;; au,)-t\4 CooSio ..) CU ;? v 6F-ric-e ?OT,S,? T7X1r- CAOss,? c OL-OL-,?cl-i "s A?nr-,Co - - s7A-,-c CLA---5 I -7-"---r A b w Q 4o ? ?Gle- 9-., ?'r- . nk%j£ 6B-ria, APPL-,Yo ?-o 2 QE- Sc Llxr_r ?-f6 ?J ?1?-1 AoY FQue-Sro"j-S Of. - A L E i P'r L. OCI 1 3 20118 DENR -'IJATER QUAL1! t r Vd .I LANDS AND STORMlAATER aiZ .:,- ?? BOY, 9 to 4 ??z? 4Z1 - 4(ld SEP. 4.2007 3:33PM Office Use Only: USAGE Action ID No. (If any particular item is not N0.585 P.7 Form Version March 05 nWQNo. 0 8- 1 5 6 7 to this project, please enter "Not Applicable" or "N/A".) ?Al T, Pp _ this project: 1. t401 all of the a roval s requested for Q??`11? ? Riparian or Watershed Buffer Rules tion 10 Permit ? Isolated Wetland Permit from DWQ Water Quality Certification ? Express 401 Water Quality Certification 1 >ti? nwar Fxix N1xmtaif s)+?id;V _o ?} ?1' _ _ .. ) dt 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: n 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within, a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: o ? wig bV& gv( OCT 1 3 2008 QUALII MiAW ER BRA K3 Updated 11/1/2005 Page 5 of 12 ?. +?? ??dA'???'9? ?!1~il? (if a.??1??P?'?1?). °_,..?--$?? ,? ;;?4??' ???1?, v?„!??' ?? ?? {P?4?thaizaedzl wee F1 tftt 110 a#mmle, A If A..a k ..._. t-_ _t_---- .. ?A 'I SEP. 4.2007 3:33PM N0.585 P.8 ??. v_?',?1?at ???farrn?ti?q 4A0 MY ?Jy4a?. 040,044 also , Foovido 4? tojo 0, - I holl aWOM Now 96P ..Qv Qtr m4p? '? do 0.; IN sa ??s ??r li*wly i.1 r 4 Maba pct, lea pF!ba tt Q is mo 1 a SAM sho h4v x, ?! ! ; MAY, V ppor rk 01 opy'''??* .Pw ?*fq's, ????i? qua ?? tk?s??, , Bat of 04; 11 by 1-7-in4h f9p t475ixo CQh1I0 1. Name of project: JA?4 L, Z, k? 2. T,I,P. Project Number or State Project Number (NCDOT Only): WJA 3. S ' Acs ' 4.S Acze Property Identification Number (Tax PIN): -- c?, - d. r, S 9 g n,5 - 445-66 t A00-5 ev- Updawd 11/1!1005 ., Qf Nor t . C ltna,'s PAM 440; ip 00 ? Page 6 of 12 SEP. 4.2007 3:33PM N0.585 P.9 qVeralk AaaRctIn low ], i40l'sMo t5'p?;o11JAnttc u the USACE Action ID Number, D'WQ Project Number, application date and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.Y.P. project, along with construction schedules. Pr iIl?- ?'- n-od NjiftpQ? Qf the W @' .!' N 1 ? ?? r ? X ? ,S? M rT' ?'??F?1t e??l'??'e?l,????"? ? °?? ? ?i??,l?'RA! M?? 'M1??,?,y1 ??!? ;' ?sla?,.''»?a d1'rtom'Rt And per qwd bo iMp is Ize "prop"Ca to those., ? Qty d end s ? a1 tiAA de?it+ ?q ? s ?t4d ho iigPludvd As 4P ?atgsmphs TAAY i4 49140 st the a? 1*109 4?s+ M ion- If thi* prppopcd im?pact is' +A 3tlan or st ,a t rr? ti p ,lift an, -dosaribe the impact in S or,4oA VIII below, If add ] , roY?.?..a ????sari t and ??tx? .. Qs??ri}li>?o?s' '-o ..._- .-_._ •----?--.. L Goa Q Clpdatad 11/112005 Page 7 of 12 SEP. 4.2007 3:34PM N0.585 P.10 2' ;L til;4ly w?Types of impacts include but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc, For dam.4_ cenArntP1 v li et imnanfo thin +n L.n+L. .?.. ._.?_ n _ - ---- ---- -'-- -- uw?aaaV Ci116? 11VV{1111' Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream feet Area of Impact (acres) oaE Total Wetland Impact (acres) ?? UNNIkr-tfco-Tit1 E ? ouJr a r J ? w n+ AWR AR%x 1iFx NF1R1. t " rb %? ' n 919"W Vt 50' ? 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage. bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number if a lteable Type of Impact (lake, pond, estuary, sound, bay, Im act [indicate on manl (, PP ) P Total Open Water Impact (acres) Updatcd niitwos Page 8 of 12 I List the total acreage (estimated) of all existing wetlands on the property; SEP. 4.2007 3:34PM N0.585 P.11 List o t I all Waterr? of the U.S, rest tiny fie; rr ¢ot? 4ores ± a Wetland Impact (acres): Open Water Impact acres : Total Impact to Waters of the U.S. (acres) , o 00??3 0 , St Tn Vim. apt 04m feet :I 7, Isolated Waters Do any isolated waters exist on the property? ? Yes []"No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet), Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation Na '3 C, If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: ME-J& i *L- 0 r 19C 43o?R-IV S,o T?-r J jhst, ?tit?A Lr-- 172" 60 A00,0-f' Arr? Pi/] C. Qkq WAS C=6r"L4-e-ti 60 ?t P R? t,3'S' 06? C?'L'v6e'r -,)L--r '-'P kP '11I. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Updated 11112005 Page 9 of 12 SEP. 4.2007 3:34PM N0.585 P.12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete, An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.cn _,9wa nc.us/newetlands/strmeide html. Provide a brief description of the proposed mitigation plan, The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc,), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form, For additional information regarding the application process for the NCEEP, check the NCEEP website at httn:// Q enr.state nc us/wro/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Updsltsd 11/18005 Page 10 of 12 SEP. 4.2007 3:35PM p,(spq P.4- I Y RAC O N0.585 P.13 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5053 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion, 1. Will the project impact protected riparian, buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buff Requirements), or other (please identify- 17 Yes ? No Lj] 2, If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. I I Zone* Impact (snare foot) Multiplier *)gtur6d 3 (2 for Catawba) 1.5 Total * :Lone 1 extends out 30 feet perpendiet additional 20 feet from the edge of Zone 1. from the top of the near 2 extends an 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (Le., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or .0260. /-? updated 11/1/2005 Page 11 of 12 SEP. 4.2007 3:35PM N0.585 P.14 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface a eeds 20%, please provide calculations demonstrating total proposed impervious level. Allb. XIY. Sewage Disposal (required by DWQ) 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. Al JA Is this site in vi ation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes R No ? XTV. Cumulative bnpaets (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in ad ' 'oval development, which could impact nearby downstream water duality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/newetlaiids.. If no, please provide a short narrative description: c ft son Tlwg I W OAS: 01M M" k#90", $iwwis for 'I Aj, raea'ma3r> ?lity bJ? s, OT +?ttta xo s?. p 0[40. a 't 0 77 >?lli,aa0 Agenf$ 6Jp*(Mrj@ Dat $al}t's srgnaure iS valid pY-}rutorjatio_?etter xn,the apaliaaltt is P?^oe) Updatcd 11/1I200S Page 12 of 12 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2008-01042 County: Macon GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Mr. Keith McKim Address: P.O. Box 964 Highlands, NC 28741 Telephone No.: (828) 421-4110 Size and location of property (water body, road name/number, town, etc.): The project area is located on an 8.85-acre property near Highlands, Macon County, North Carolina Coordinates for the site are 35.0883 north and 83.1680 west. Description of projects area and activity: The permittee is authorized (after-the-fact) to permanently impact (culvert) 50 linear feet of an unnamed tributary to Big Creek in order to construct a driveway. Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 (After-the-fact) Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, the attached letter from the North Carolina Wildlife Resources Commission (NCWRC), your submitted plans, and the following special condition: As noted in the attached letter from the NCWRC, you will remove the silt fence and the loose rip rap in the stream channel below the culvert within 15 days of the date of this letter. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. -2- If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271-7980. Corps Regulatory Official: Lori Beckwith Date: May 6, 2008 Expiration Date of Verification: May 6, 2010 -3- Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: The stream channel on the property is an unnamed tributary to Big Creek which flows into the Little Tennessee River. The Little Tennessee River is a Section 10 water. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Lori Beckwith, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Lori Beckwith Issue Date: May 6, 2008 Expiration Date: Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please visit httv://ret?ulatory.usacesurvey.com/ to complete the survey online. ® North Carolina Wildlife Resources Commission April 25, 2008 Ms. Loretta Beckwith U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Nationwide Permit Application for Keith McKim Culvert in UT Big Creek, Macon County Dear Ms. Beckwith: Mr. Keith McKim requested a letter of concurrence from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit from the U.S. Army Corps of Engineers (ACOE). I visited the project site on April 23, 2008. Comments from the Commission are provided under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d). The applicant put about 50 feet of culvert in a tributary of Big Creek for a driveway near Highlands. The stream is probably too small for trout. However, Big Creek downstream of the culvert site supports wild brook trout. The construction may have harmed trout if it caused sedimentation during the spawning season (October 15-April 15). The Commission can concur with a permit for this project if the applicant manually removes the silt fence and the loose rip rap in the stream below the culvert because they are obstructions. Thank you for the opportunity to review and comment on this project. The Commission may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546 extension 24. Sincerely, Dave McHenry Mountain Region Coordinator Habitat Conservation Program cc: Mr. Keith McKim Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 s ry ' D m = m Z 0 h n 0 c m a z me a ?n DO on 0 O m !n v ti D r m ? m D o ° rnC w a?n D o m w l7 m o D z n MC - 'D Z O 0O n r.. rn oru n so D ?J m o a rn z o IU N O O O Z u lJ Q Q Q Q O m m rr ? O m M co m N .y F o v s G a X m m r o y' L d m m 0 Z O o W m m LU O O fu --I N fu M D D O m -0 O V lit r D r Z Ln (!7 m O m b y N { CYO LTI Z O m n" O n z O n m a o < T D U Z ?? O Z a ? ? m c O 0-cnM n z = m 2 o Z o m Un cpzm 11o m m o m mom D 4)mm >M mmn ?mDQ1 .M, m? Pl Z' r r N o o 0 noo nnm 0000 00 H n H Z H m n r ? 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