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HomeMy WebLinkAbout19970650 Ver 1_Complete File_199707246 a STATE ~ ? S _ 9'70650 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY July 17, 1997 Regulatory Branch U. S. Army Corps of Engineers Wilmington Field Office P. O. Box 1890 m Wilmington, North Carolina 28402-1890 o ATTENTION: Mr. Cliff Winefordner a Chief, South Section n Dear Sir: SUBJECT: Morganton, Burke County, Widening of NC 18 (Sterling Street) from US 70 Bypass (Fleming Drive) to I-40; TIP No. U-2550, State Project No. 8.1851001 The North Carolina Department of Transportation (NCDOT) proposes to widen NC 18 (Sterling Street) to a five-lane facility with a continuous center left turn lane from US 70 Bypass (Fleming Drive) to I-40 in Morganton. This project is approximately 3.2 kilometers (2.0 miles) in length. The potential environmental impacts were evaluated in an Environmental Assessment (1994) and a Finding of No Significant Impact (1995). This project is scheduled to be let for construction in July, 1997, and the NCDOT Planning and Environmental Branch has completed a consultation to reevaluate the original environmental documentation. This project will involve the extension of existing culverts in Hunting Creek, Fiddler Run Creek, and East Prong Creek. The existing culvert at Fiddlers Run Creek is nearly filled with sediment, and the stream itself is heavily impacted by siltation. The NCDOT proposes to correct this siltation by cleaning out the culvert and dredging approximately 425 meters (1394 feet) of the channel of Fiddler Run Creek upstream of the culvert. Application was made to the U. S. Army Corps of Engineers (COE) for authorization of this project pursuant to Section 404 of the Clean Water Act on March 20, 1997. A copy of this application is provided for reference. The DWQ and WRC were also requested to review the project for authorization at this time. A Section 401 Water Quality Certification was issued for the project on March 27, 1997. A Section 404 permit (Action m 0 ID No. 19970265, 199702622, 19972623 and Nationwide 14 for road crossings) covering all work except the dredging of Fiddler Run Creek was issued by the COE on April 28, 1997. It was stated in the permit that the dredging of Fiddler Run Creek should be processed as an individual permit. The project was discussed at the May 15, 1997 permit review meeting. The NCDOT believes that Fiddler Run Creek is heavily impacted by sedimentation. The channel is choked with sediment and the existing culvert is nearly full, restricting water flow through the channel and culvert. Therefore, Fiddler Run Creek would benefit from the restored hydrologic function generated by the clearing of sediment from the channel. In addition, vegetation plantings as described in the original application would stabilize the hank of Fiddler Run Creek and restore the stream and adjacent riparian areas to a natural state. - The NCDOT hereby requests authorization for the dredging of Fiddler Run Creek under a NW 27 for Wetland and Riparian Restoration and Creation Activities. By copy of this information, the DWQ and WRC are also requested to review this project for authorization. Thank you for your assistance with this important matter. If you have any questions or need any additional information, please contact Mr. Lindsey Riddick at (919) 733-7844, extension 315. Sincerely, H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/plr Attachments cc: Mr. John Thomas, COE, Raleigh Mr. John Domey, NCDEHNR, DWQ Ms. Stephanie Goudreau, NCWRC, Marion Mr. Kelly Barger, PE, Program Development Branch Mr. Len Hill, State Highway Engineer - Design Mr. A. L. Hankins, Hydraulics Unit Mr. Tom Shearin, PE, State Roadway Design Engineer Mr. W. E. Hoke, PE, Division 11 Engineer Mr. Charles Cox, P.E., Project Planning Engineer DEM ID: CORPS ACTION ID: 199702565, 199702622, T.I.P. No. U-2550 199702623 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 27 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch 2. MAILING ADDRESS: Post Office Box 25201 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK) : (919) 733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: H. Franklin Vick, P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Burke NEAREST TOWN OR CITY: Morganton 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Fiddlers Run Creek 6. IMPACTED OR NEAREST STREAM/RIVER: Fiddlers Run Creek ------------- - -- RIVER BASIN: Catawba 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (WS-I OR WS-II) ? YES [ ] NO [X] IF YES, EXPLAIN: _ TIDAL SALTWATER (SA), (ORW), WATER SUPPLY 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [.] NO [X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): COE NWP 14 and NCDWQ 401 applied for 3/18/97; Received COE NWP 14 4/28/97; received 401 3/27/97 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: N/A 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: DRAINAGE: EXCAVATION: OTHER: TOTAL ACRES TO BE IMPACTED: N/A 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): WIDTH AFTER: See Attached Drawings FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION : PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION : X CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2"X 11" DRAWINGS ONLY): Restore hydrologic function of Fiddlers Run Creek by dredging approximately 1,394 feet of channel. 13. PURPOSE OF PROPOSED WORK: Improve hydrologic flow of Fiddlers Run Creek. 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): N/A 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FI -ES RVICE-(NKM-( -DRES-SE$--SHEET REGARDING THE PRESENCE OF 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. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: N/A 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x] NO H (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [x] NO [ b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [x] NO [I IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 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. ATTACH A COPY OF.THE -STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Urban f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. 11 -7192 ' / S /AGENT'S SIG 2EI;;? NATURE E A'E (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) e,.aSUT[v STATE OF NORTH &ROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY March 20, 1997 U. S. Army Corps of Engineers Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 ATTENTION: Mr. Cliff Winefordner Chief, Southern Section Dear Sir: SUBJECT: Morganton, Burke County, Widening of NC 18 (Sterling Street) from US 70 Bypass (Fleming Drive) to I-40; TIP No. U-2550, State Project No. 8.1851001. The N.C. Department of Transportation (NCDOT) proposes to widen NC 18 (Sterling Street) to a five-lane facility with a continuous center left turn lane from US 70 Bypass (Fleming Drive) to I-40 in Morganton, North Carolina. This project is approximately 3.2 kilometers (2 miles) in length. The potential environmental impacts of the project were evaluated in an Environmental Assessment (1994) and a Finding of No Significant Impact (1995). This project is scheduled to be let for construction in May, 1997, and the NCDOT Planning and Environmental Branch has just completed an environmental consultation to reevaluate the original environmental documentation. This project is expected to have minimal environmental impacts, and will not impact wetlands. However, there will be three stream crossings located along the project. At each of these sites, an existing culvert will be extended to accommodate the widened roadway. The length of the culvert extensions and the area of fill in surface waters for each site are given below. Stream Name Culvert Extension Length Area of Fill in Surface Waters Hunting Creek 29 in (95.12 ft) 0.02 ha (0.049 acres) Fiddlers Run Creek 23 in (75.44 ft) 0.02 ha (0.049 acres) East Prong Creek 36 in (118.08 ft) 0.02 ha (0.049 acres) 0 2 The existing culvert at Fiddler Run Creek is nearly filled with sediment, and the stream itself has also been heavily impacted by siltation. The NCDOT proposes to correct this situation by cleaning out the culvert and dredging approximately 425 meters (1394 feet) of the channel of Fiddler Run Creek upstream of the culvert. This proposal has been coordinated with both the N.C. Division of Water Quality (DWQ) and the N.C. Wildlife Resources Commission (WRC), and was the major topic of discussion in the recent environmental consultation. Both agencies acknowledged the existing problem at the site and the need to correct it. Their primary comments referred to methods of construction and the final design of the dredged channel (see attached memos). The NCDOT has made a good faith effort to incorporate these comments into the design. The results of this coordination can be summarized as follows: ----9-Both tQ and.ad-exgressed_.inter-est in the construction of riffles in the dredged channel. However, it was determined that the gradient of the excavated channel will be too at to support riffles. Consequently, the WRC agreed that none should be constructed. 2. The WRC requested that the channel dredging and reconstruction occur "in the dry" and be completely stabilized before water is turned into it. To accommodate this, a temporary diversion channel will be constructed to carry the creek flow during construction of the box culvert and channel cleanout. 3. Although the new channel depth will be increased, the same average base width and slope will be maintained as is present in the existing channel downstream of the section to be dredged. The existing channel downstream of the proposed cleanout is about 2 meters (6.5 feet) deep; the proposed channel will vary from 3 meters (9.84 feet) at the culvert to 2 meters near the end of the dredging. 4. At the request of the WRC, creek banks will be sloped at 2:1 or flatter. 5. At the request of WRC, temporary or permanent herbaceous vegetation will be planted on all bare soil within 15 days of ground disturbing activities to provide long term erosion control. 6. The NCDOT will follow the recommendations of the DWQ regarding reforestation along the stream. The stream banks will be planted with Black Willow on 2.5 foot centers and the berm with at least 2 of the following species on 10 foot centers: Black willow (Salix nigra) River birch (Betfila nigra) Sweetgum (Liquidambar styracif7ua) Sycamore (Platanus occidentalis) Red maple (Acer nibrum) The NCDOT hereby applies for authorization of this project pursuant to Section 404 of the Clean Water Act. Enclosed you will find a completed PCN form and a copy of the plan sheet depicting the channel work at Fiddlers Run Creek. Copies of correspondence with the DWQ and WRC are 3 also included. By copy of this information, the DWQ and WRC are also requested to review this project for authorization. Thank you for your assistance with this important matter. If you have any questions, please contact Mr. Gordon Cashin at (919) 733-7844 extension 278. Sincerel , H. Franklin Vick, PE, Manager Planning and Environmental Branch cc: Mr. Steve Lund, COE Mr. John Dorney, DWQ _ Mr. David Cox, NCWRC Ms. Stephanie Goudreau, NCWRC Mr. John Hefner, USFWS Mr. N. L. Graf, P.E., FHWA Mr. W. D. Smart, P.E., Division 13 Engineer Mr. Archie Hankins, P.E., Hydraulics Mr. Victor Barbour, P.E., Design Services Mr. Tom Shearin, P.E., Roadway Design Mr. Kelly Barger, P.E., Program Development Mr. Don Morton, P.E., Highway Design Mr. William Rogers, P.E., Structure Design DEM ID: ACTION ID: . Nationwide Permit Requested (Provide Nationwide Permit #): 14 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 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Bop 29535 Raleigh, NC 27626-0535 ATTN: MR. SOHN DORNEY Telephone (919) 733-5083 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: Planning and Environmental Branch, N.C. Department of Transportation 2. Owners Address: P.O. Box 25201, Raleigh, NC 27611 3. Owners Phone Number (Home): (Work): (919) 733-3141 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Mr. H Franklin Vick, PE, Manager, Planning and Environmental Branch 5. Location of work (MUST ATTACH MAP). County: Burke Nearest Town or City: Morganton Specific Location (Include road numbers, landmarks, etc.): NC 18 (Sterling Street) from US 70 Bypass to I-40. 6. Name of Closest Stream/River. Hunting Creek, Fiddlers Run Creek, East Prong Creek 7. River Basin: Catawba River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO? 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO Jy] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: N/A 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: TotalImpacted: See cover letter. 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Widening of NC 18 to a five-lane facility. 13. Purpose of proposed work: Public roadway improvement 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Prod ect does not impact wet ands . 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 [(X] NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 1 You-mw required-to-contnc-t- the- State-iistori rvation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project. ave you one so-YEE??X----NO-[-j - 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? Urban F. If applicable, what is proposed method of sewage disposal? N1 A Owner's Signature Date a s ' ?{Is }It y I ' r??sk _1 ' J7 r lY I °W?±? _ryf u YII 11•IIIY I US n IadMN?1 77 •. ?Jabse Rock 6M. 7a., ••\?••••••?•.••••••..•..••.... 2 _? IY •••_ ..... • •.. • , 77 fA Qukr l 1 • • • • • i • •i i SrArf K 4 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GAPRE T JR GovEruor, P.O. BOX 25201. RALEIGH. N.C 27611-5201 SECRETARY November 8, 1995 MEIvIORA.N-DL:V1 TO: Ms. Melba McGee Environmental Review Coordinator Department of Environment, Health, and ral es uTCes FROM: H. Franklin Vick P.E.. Nfanaser T Planning and Environmental Brancn SUBJECT: Widening of NC 18 (Sterling Street), from US 70 Bypass to I-40, INforganton, Burke County. Federal Aid No. M-8165(1), State No. 8.1851001, TIP ID No. U-2550 In a memo dated August 10, 1995, the Division of Environmental Management commented that they could not concur with the FONSI until certain outstanding issues were resolved (see attached memo). These issues included stream depth, creation.of riffles, and revegetation of the banks of Fiddler's Run Creek. ?, The project was evaluated by our Hydraulics star and ifs. Stephanie Goudreau of the Wildlife Resources Commission. Upon their recommendation, we are committed to the following: The new channel sections of Fiddler's Run Creek will be constructed in the dry, using a temporary diversion channel to carry the creek flow during construction of the box culvert and channel cleanout. 2. Although the new channel depth will be increased, the same average base width and slope will be maintained as is present in the existing channel downstream of the section to be cleaned out. The existing channel downstream of the proposed cleanout is about 2 meters deep; the proposed channel will vary from 3 meters at the culvert to 2 meters near the end of the cleanout. 3. Creek banks will be sloped at 2:1. 4. The channel slope is too flat to support riffles; therefore, none will be constructed. This was discussed with and avreed to by Ms. Goudreau. 5. We will incorporate the list of plantings suggested by DEM (see attached memo) into our reveQetation plans. We trust that these commitments will allow DEM to concur with the FONSI. If you have any other questions regarding this project, you may contact Charles R. Cox, Project Planning Engineer, at 919/73;-;141, Ext. 222. HFV/plr ents cc: Eric Galamb, Division of Environmental Manasement Stephanie Goudreau, Wildfire Resources Commission Abdul Rahmani, Hydraulics Unit Charles R. Cox, P.E., Plannina and Environmental Branch t ° ASS,; yam1.1 i ?i:o.Ci ? /".'?: .'" ??^ ? ??, ?::-•.?'". .c•?,-?` 4 ,n ,..;may ?? ? ?'t ?7 -,r ? gyn. ..i t • .f /"' /? ' V...t ? ?,'?? . Norm Carolina Wildlife Resources Conumssion 312 N. Salisbury Street, Raleigh, North Carolina 27604-1158, 919-733-3391 Charles R. Fuilwood, ivecutive Director MEMORANDUM TO: Charles R. Cox, P.E. __ Planning and Environmental Branch, NCDOT FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program DATE: September 29, 1995 ? //- SUBJECT: Creation of riffle habitat in Fiddlers Run Creek in conjunction with widening NC 18 (Sterling Street), Burke County, TIP U-2550. This correspondence responds to a request by you for comments regarding a recommendation by the North Carolina Division of Environmental Management to construct riles in Fiddlers Run Creek as part of proposed channel modification. We previously commented on this project in a memorandum to Mr. Frank Vick dated 24 July 1995. Biological staff of the North Carolina Wildlife Resources Commission have the following guidelines for constructing riffles in Fiddlers Run Creek: 1) Unimpacted sections of the stream upstream and downstream of the project area should be examined to determine the frequency of riffles. Usually riffles are found at a distance of every 5 to 7 stream widths. 2) When excavating the channel, areas that will be pools should be dug slightly deeper than areas that will be riffles. 3) The appropriate particle size for substrate in new riles should be determined by a "pebble count", which is a systematic evaluation of particle size in existing riffles. Once the appropriate substrate size is determined, substrate for new riffles may be obtained from abandoned sections of the channel or from a commercial sand or gavel mining company. In addition, the following guidelines outlined in our previous memorandum should be incorporated into the project: 1) New channel sections should be constructed "in the dry" and be completely stabilized before water is turned into them.. • TIP 41U-2550 Page 2 September 29, 1995 2) New channel sections should have the same average depth, width, and gradient as the existing channel. We appreciate attempts by the NCDOT. to incorporate meanders into the stream downstream of the culvert. 3) Banks should be sloped 2:1 or flatter. 4) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 5) Trees such as willow, alder, or another native species already in the project vicinity should be planted along the toe of the bank on 2.5-foot centers along the new channel segments. Please note that I would be available to meet on-site with personnel of the North Carolina Department of Transportation and assist with channel design. Thank you for the opportunity to revs andGomrnent on._this aj-ect`If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Mr. Eric Galamb, DEM State of North Carolina luff-M Depar?ment of Environment, Health and Natural Resources • Legisiative & Intergovernmental Affairs 9M AMMEMMMEMMUM James B. Hunt, Jr., Governor ? ? ? ? p Jonathan . Howes, Secretary FZ Henry M. Lcncester II, Director MEMORANDUM? TO: Lubin Prevatt Department of Trans nortat-ion ROM . >,te t ba MCC-ee Cnvironmental Revi=w Coordinator R?. 95-0812 .ONSI for NC 18 ;-_en_nc, Su'rCe Counter D TS. 3ucust 10, i995 Std-- -=cm the Decart:nent Of Env-=onznenz, =e.al ..h and Nc`-u--;-1 escurces _.ave reviewed t he aQ?-__Oiial in.O=.?ic?.:Cil you DrvV=Q_C regard'ng 7e proposed E??:ONSI. Issues conC_nue to remain with Division 0= `avi-onmental ' andCemenz. :n t_^_e attached I[lemc-andum, they i den i--y cond_!_ons thdt? ri need to be inCC_=orated into final = ro j ect Plans- ill e Division o: nviro mental Management ask that these conditions be Cor_S-'dereQ and a reed 'u'pon, in citing, prior to concurr nq w i th the -3/=ONS'. It is requested that the Deoart.«ent c= Tr_rs'oc=Lat_en Continue to work with t_^.e Division 0= EnvircnmenLai Management to avoid delays in tae DeLmit review. Thank you for the opportunit Y to r?S-oOn d . attachments J cc: CELT-ys 3aggett Eric Galamb - 1 _ .. ^-G_ _t ? -.i /--.-I:-- 411 4 '27 7?1--? -- -^ - . State. of North Carolina Deocrtment of Environment. Healtl`i and Natural Resources Division of Environmental Managerr Jaynes 6. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Pres11cn Howard, Jr.. P.E.. Director lust 3, 1995 MEMORANDUM ? or ED E E--i N I To: Melba McGee Throuch: John Gorney - ! Frog: Eric Galamb Subject: Additional Comments Regarding the FONSI for NO 18 Widening, Burka County State Project DOT No. 8.1881001, TIP -` U-25-50 EHNP, T 95-0812, DEM Al 10949 DEM has received twc letters (July 5, 19999 and July 17, 199:,) frcm DOT recarcing the subiect project. The Julys 5, 1c-C-5eer was a response to DEM's ncn corcurence et the FONSI. DOT now, oropeses to have aporcxirrately 75 feet of East Prong Cree The July 1k7,, ,= 1 .?«rain Coen rather than a culvert for the entire 200 ;eat betwean i- '0andNC18. cc.; I--?r _ le plans for rdredoling approximately 400 fa=t rcr:smi?. d cf =dd!ers Run Creek and some stream realianmart. A copy of the 'clans were rev;e' vred in DC T's o^ic on July 1 1, 1995. J-EM .•riil =gree to t^? ?icclers Run Cr=e k mcci5caticns and can :-;1r with the FONS1 provided t eat: i wh=yeas G;?M understands the need to re: cva the slit from :`a existing channe! (including the culvert) to; orctec: the c:avert from fluture siltation, s;it removal should be confined to ih-3 original stre=m depth -and t-e channel Should not be wider than one barrel of the 3 barrel c'uivert to prC:ec: cownstrcam !and-owners from excessive erns' n due to channel modifications. . b) DOT should install boulders completely across the stream to create riffle habitat. Ms. Steohanie Goudrsau of the WRC should be const-!tad on the location for the riffles. She can be reached at (704) 0652-4257. C) DOT should revegetate the sire Im banks with Black Willow on 2.5 foot centers and the berm with at least 2 of the following species on 10 foot centers: Black Willow (Salix `nigra) River Birch !setup Nigra) Sweet Gum (Liquidambin, r styraciflua) Sycamore (Plantanus occioentalis) Red Maple (Acer ruorum) DEM will concur with t"a i=ONSI and the impacts to East Prong Creek and Fiddlers Run Creek if DOT agrbas to tl esa corditicns and respond to this letter in - :;?. Rciai?h. Dior` Cc :•_'.? 2? 6,15- ?c:??? :rya 9 73---?;,1 ?.=X 91;-72 3-_=46 p:par l r t Melba McGee Memo August 3, 1995 ' Page 2 writing. DOT is reminded that endorsement of a FONS1 by DEM would not preclude the denial of a 401 Certification upon abplication it wetland and water impacts have not been avoided and minimized to the( maximum extent practicable. Questions regarding the 401 Cerification should be directed to Eric Galamb in DEM's Environmental Sciences Branch at 733=1786. cc: Asheville COE Stephanie Gcudreau, WRC Monica Swihart David Foster ncl8bur.clom 6 i i c State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: MI.M;WA AC4J 0 E) FE F1 July 31, 1997 Burke County WQC 401 Project #970650 TIP U-2550, State Project No. 8.1851001 COE #199702565 You have our approval, in accordance with the attached conditions, to place fill material in waters for the purpose of widening NC 18 from US 70 Bypass to I-40, as you described in your application dated 17 July 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3109. This Certification allows you to use Nationwide Permit Number 27 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, toLn!Ho a Jr. P 61 Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Feld Office Asheville DWQ Regional Office Mr. John Dorney Central Files 9706501tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/100/6 post consumer paper