19950827 Ver 1_Complete File_19950808

State of North Carolina
Department of Environment, 'Av
Health and Natural Resources 4 • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N F?
A. Preston Howard, Jr., P.E., Director
August 10, 1995
Graham County
DEM Project # 95827
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Frank Vick
Planning and Environmental Branch Cop
NC DOT
P. 0. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. Vick:
You have our approval to place fill material in 2.53 acres of wetlands or waters for the purpose
of deepening existing vernal pools and creating new ones at Tulula Creek mitigation, as you described
in your application dated 2 August 1995. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 2745. This certification allows you to
use Nationwide Permit Number 27 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Applicant is urged to leave a margin of undisturbed wetland along the rim of the pools (if possible) to
accelerate vegetative recovery. In addition, you should get any other federal, state or local permits
before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,.
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
r
d, Jr. P
WIL
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Domey
Central Files
Jerry McCrain; Environmental Sciences
Kevin Moorhead; UNC-Asheville 95827.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
401 ISSUED
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. . DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201
August 2, 1995
Regulatory Branch
U. S. Army Corps of Engineers
Wilmington Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Sir:
R. SAMUEL HUNT III
SECRETARY
9WN
,a AUG
SUBJECT: Graham County, Tulula Creek Mitigation Site, proposed vernal pond
construction for research purposes.
. As you are aware, the N.C. Department of Transportation (NCDOT) has acquired
a 232 acre tract in Graham County for wetland mitigation purposes. The NCDOT has
enlisted the services of researchers at the University of North Carolina at Asheville (UNC-
A) and Environmental Services, Inc. (ESI), of Raleigh to assist in the development of a
restoration plan for the tract. A great deal of baseline information has been collected on
the tract, and this process is continuing. Important hydrologic data is being collected this
summer to facilitate development of a stream and wetland hydrology restoration proposal.
An interagency meeting was held in Asheville on July 13, 1995 to discuss the
status and future of this mitigation effort. The meeting was attended by representatives of
the Corps of Engineers, N.C. Wildlife Resources Commission, and the U.S. Fish and
Wildlife Service. The UNC-A researchers and ESI personnel reported on their previous
efforts and explained their currently proposed activities. Although there are many details
of the final plan still to be determined, the general consensus was that the NCDOT should
continue as currently planned.
A proposal to create additional vernal ponds was discussed during the meeting.
This proposal is based on amphibian surveys conducted by UNC-A which determined that
the site provides very important amphibian habitat. Like most of the site's wetland
functions, this function has been degraded by hydrologic alterations. Observations over
the last two breeding seasons have shown that most of the existing breeding sites do not
retain water long enough to allow amphibian larvae to metamorphose to adult stage.
UNC-A has proposed to enlarge and deepen 10 existing breeding sites as an experimental
attempt to enhance amphibian breeding habitat. These research results and the proposed
E)
2
ponds are discussed in a report entitled "Proposed Restoration Activities at Tulula Bog for
Fall 1995" which was distributed at the July 13 meeting. Mr. Bob Johnson of your
Asheville office received a copy of this report.
The total area of all constructed ponds will be less than 1 hectare (2.47 acres).
Rather than construct new ponds, existing breeding sites will be enlarged and deepened.
The goal is to deepen these areas so that they hold water seasonally for sufficient duration
to allow amphibian species to complete the larval stage, but not so long that the sites
become permanent and are colonized by fish. These areas will be excavated to a
maximum depth of 28 inches (70 cm) with sloping edges. Most of these sites occur in
wetlands or drained areas of hydric soil dominated by herbaceous vegetation. It is
estimated that this will require a maximum of 4,660 cubic yards (3,500 cubic meters) of
excavation. This excavated material will be used to fill ditches or will be stockpiled at an
upland site on the tract.
It is also proposed that two ditches will either be. filled entirely or sufficiently
blocked to prevent water flow. These ditches average 2 feet wide and 2 feet deep. It is
estimated that a maximum of 207 cubic yards of fill will be needed to entirely fill these
ditches. It may not be feasible to entirely fill the ditches in forested areas. In this case,
appropriate ditch blocks will be designed by NCDOT hydraulic engineers. The location of
the ditches is shown on Sheet 4.
The NCDOT believes that these modifications will potentially improve the function
of the site as amphibian habitat without compromising the overall restoration of the site.
Consequently, the NCDOT supports this proposal, and would like to see it implemented
as soon as possible. It is understood that this activity may not generate a specific amount
of mitigation credits. However, it is expected that this activity will be considered in the
development of the final mitigation plan and calculation of credits.
On December 7, 1994, the NCDOT submitted an application which proposed a
different plan-for vernal pond construction. This application was put on hold because
agreement could not be reached on this design before the breeding season began. The
NCDOT is formally requesting that this previous application be withdrawn and replaced
with the current design. The current proposal reflects a greatly improved plan for
amphibian habitat enhancement.
Attached is a completed permit application form and drawings depicting the
proposed ponds and filled ditches. As mentioned earlier, Mr. Bob Johnson is familiar with
this proposal, and is preparing to examine the site with UNC-A personnel. Please review
this proposal for authorization under Section 404. A copy of this information has been
provided to the N.C. Wildlife Resources Commission and the N.C. Division of
3
Environmental Management for their review. If you have any questions or need any
additional information, please contact Mr. Gordon Cashin at [phone],
Extension 315.
Sincer ,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/gec
Attachments
cc: Mr. Bob Johnson, COE, Asheville _
Mr. John Dorney, NCEHNR, DEM
Mr. David Cox, NCWRC
Mr. David Yow, NCWRC, Asheville
Ms. Stephanie Goudreau, NCWRC, Marion
Ms. Janice Nichols, USFWS, Asheville
Mr. A. L. Hankins, Hydraulics Unit
Mr. F. D. Martin, PE, Division 14 Engineer
Dr. Jim Petranka, UNC-A
Dr. Jerry McCrain, ESI
DEM ID:
Y
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 25402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Boy. 29535
Raleigh, NC 27626-0535
ATTN: MR. jOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: North Carolina Department of Transportation; Planning & Environmental Branch
2. Owners Address: P. 0. Box 25201; Raleigh, NC 27611
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
H. Franklin Vick, P.E.
Manager
5. Location of work (MUST ATTACH MAP). County:
Graham
Nearest Town or City: Robbinsville
Specific Location (Include road numbers, landmarks, etc.): Tulula Creek floodplain west of SR 1200
and North of US 129
6. Name of Closest Stream/River:
Tulula Creek
7. River Basin: Little Tennessee
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [X] NO [
9. Have any Section 404 permits been previously requested for use on this property? YES [X] NO'[
If yes, explain. Application submtted 12/7/94; withdrawn by this transmittal
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: Tract
contains over 100 acres of hydric soil, either existing or restorable wetlands.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Maximum of 0.06 acre
Drained:
Flooded:
Excavated: Maximum of 2.47 acres, divided between 10 sites
Total Impacted: 2.53 acres
12. Description of proposed work (Attach PLANS-8 1/2"X 11 drawings only): Constructiort= of-vernal f
ponds for amphibian habitat enhancement. Filling of two ditches.
13. Purpose of proposed work: Habitat enhancement and research.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Utilizes existing breeding sites.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [X]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which maybe affected by the proposed project? Have you done. so? YES[ ] NO[X]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Rural/Conservation
F. If applicable, what is proposed method of sewage disposal? N A
21
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