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HomeMy WebLinkAbout19980423 Ver 1_Complete File_19980512State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 19, 1998 Caldwell County DWQ Project # 980423 T.I.P. No. R-2237A APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP Mr. David Robinson, Ph.D., P.E. Assistant Manager, Environmental Services Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC, 27611-5201 Dear Mr. Robinson: You have our approval, in accordance with the attached conditions and those listed below, to place fill in 0.05 acre of wetlands and 70 linear feet of intermittent waters for the purpose of using the Calvin Smith Waste Site during construction of the US 321 Widening project from NC 268 to SR 1370 in Caldwell County, as you described in your application dated May 15, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and deshin 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 a new certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. On February 17, 1997, General Water Quality Certification Number 3108 was issued for 0.98 acre of wetland till associated with the roadway project. The additional 0.05 acre of till associated with the Calvin Smith Waste Site brings the project total wetland impact to 1.03 acre. Therefore, as we advised you in the February 17, 1997 approval, compensatory mitigation is 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 and any additional conditions listed below. Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper We understand that you have chosen to contribute to the Wetland Restoration Program in order to provide the restoration component necessary to compensate for these impacts to wetlands. In accordance with 15A NCAC 2R .0500, this contribution, combined with debiting of 1.25 acre of preservation credits from DOT's Wellborn Mitigation Site in Caldwell County, will satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). According to 15A NCAC 2H .0506(h), 1.25 acre of wetland restoration will be required. In the interest of maintaining the existing construction project for the public good, you may proceed with the proposed work as soon as necessary; however, you are advised to forward payment to the Wetland Restoration Program as soon as possible upun receipt of this certification (made payable to: DENR - Wetland Restoration Program). Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration Program. For accounting purposes, this Certification authorizes the fill of 1.03 acres of non-riparian wetlands, in Yadkin - Pee Dee River and subbasin and 1.25 acres of nun-riparian restoration are required. Please he aware that the Wetland Restoration Program (WRP) rules require rounding of acreage amounts to one- quarter acre increments (15A 211 .0503(b)). 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 confornis to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27 6 1 1-7447. 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, A. Preston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Mr. John Dorney Central Files Ron Ferrell; Wetland Restoration Program 980423.1tr NORTH CAROLINA - DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project #980423, is authorized to impact 1.03 acre of surface waters of the State of North Carolina as indicated below for the purpose of using the Calvin Smith Waste Site in association with the widening of US 321 from NC 268 to SR 1370 in Caldwell County (T.I.P. No. R-2237A). All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION: LOCATION: Calvin Smith Waste Site, US 321 Widening from NC 268 to SR 1370 COUNTY: Caldwell BASIN/SUBBASIN: Yadkin-Pee Dee As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade waters of the state. Note: Acreage requirements proposed to he mitigated through the Wetland Restoration Program must he rounded to one-quarter increments according to 15A 2R.0503(b). 1.25 acres of Class WL wetlands 0.0 acres of riparian wetlands 1.25 acres of non-riparian wetlands 0 acres of Class SWL wetlands 0 linear feet of perennial stream channel • Note - DOT will also debit 1.25 acres of preservation from their Wellborn Mitigation Site in Caldwell County One of the options you have available to satisfy the compensatory mitigation requirements is through payment of a fee to the Wetland Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISION OF WATER QUALITY P.O. BOX 29535 RALEIGH, NC, 27626-0535 (919) 733-5083 ext. 358 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bill Gilmore Manager, Planning and Environmental Branch NCDOT P.O. Box 25201 Raleigh, N.C. 27611-5201 1 ? • Ag? NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 19, 1998 NCDWQ# 980423 TIP# R-2237A SUBJECT: WRP-FAILURE OF PAYMENT NOTIFICATION U.S. 321 Widening From NC 268 to SR 1370 Caldwell County Dear Mr. Gilmore: On May 19, 1998 you were issued a 401 Water Quality Certification authorizing you to impact wetlands and or waters of the State. As part of this Certification you were required to make a payment to the N.C. Wetland Restoration Program for impacts to 1.25 acres of non- riparian wetlands. As of this date, no payment for these activities has been received. You are hereby notified that the wetland and or water impacts approved by your 401 Certification must not be initiated PRIOR to payment into the WRP. Failure to make payment for wetland or stream impacts as required by your 401 Water Quality Certification may result in an enforcement action being initiated against you. Additionally, a Civil Penalty assessment not to exceed $10,000 per day may also be levied against you. Please submit your payment and return the enclosed form to the WRP (address listed on the form) within 21 days upon your receipt. If this matter is not resolved by this time, NCDWQ will proceed to revoke your Certification and initiate an enforcement action you for this matter. If you should have any questions regarding this matter please feel free to call me at (919) 733-1786 or Ron Ferrell at (919-733-5083 EXT. 358). Dorney r Quality Certi ation Program Cc: Ron Ferrell, WRP Mike Parker, Asheville Regional Office Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper COPY Ail- Si North Carolina Wildlife Resources Commission m 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM t TO: Steve Lund, NCDOT Coordinator ?] IMAY; $ 1998 Asheville Office, U.S. Army Corps of Engincers 1-1 WETLr'Ab6 ; , . ',W i'FR QI ALIP' `'F . FROM: Joe H. Mickey, Jr., Western Piedmont Region Coordinator. -" . Habitat Conservation Program original signed by Joe Mickey DATE: May 12, 1998 SUBJECT: Calvin Smith Disposal Site for Widening of US 321 from NC 268 to SR 1370, State Project No. 8.'1'731301, TIP No. R-2237A The North Carolina Department of Transportation (NCDOT) is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with 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 NCDOT is planning to dispose of excess material from the US 321 project on property owned by Calvin Smith. Approximately 70 linear feet of intermittent stream channel and 0.05 acres of wetlands will be impacted by the project. Based on the information provided by the applicant and our information on the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project as proposed. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/366-2982. cc: David C. Robinson, NCDOT John Dorney, DWQ January 10, 1997 U.S. Army Corps of Engineers Regulatory Field Office P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN.: Mr. Cliff Winetordner Chief, South Section Dear Sir: Subject: Caldwell County, Widening of US 321 from NC 268 to SR 1370, State Project No. 8.T73130 1, TIP No. R-2237A. The North Carolina Department of Transportation proposes to upgrade US 321 from just north of NC 268 to just north of SR 1370, a distance of 4.69 miles, to a multi-lane facility. On September 27, 1996, the Department of Transportation submitted a application for a Nationwide 26 Permit for wetland impacts on tour wetland sites. We received comments from the NCWRC and responded on October 25, 1996. The response consisted of information on nine sites (wetlands and surface waters) including the applicability of a Nationwide 14 Permit for a previously undescrihed site below headwaters. On November 19, 1996 the Department of Transportation and review agencies (DWQ, USCOE, and WRC) met on-site to review project impacts and mitigation opportunities. At that time it was agreed that the Department of Transportation would resubmit an application for Section 404 Nationwide Permits including a description of mitigation as enclosed herein. The anticipated permanent and temporary wetland impacts associated with this project are described in tine attached Summary Sheet (Sheet 4 of 5). Nationwide Permit 26: The impacts to Waters of the United States, including wetlands, at Sites I through 7 and 9 meet the conditions of, and are authorized under the Corps of Engineers Nationwide Permit 26. The impacts at these sites are above headwaters and permanent hnpacts are less than an acre in size. Impact to Site 2 is greater than one third acre, specifically 0.98 acres of permanent impact and 0.19 acres of temporary impact from mechanized clearing. As a result, the NCDOT requests that the impacts to sites 1 through 7 and 9 be authorized by the Corps of Engineers under Nationwide Permit 26 and by the NCDWQ under General Water Quality Certification 2671. Nationwide Permit 14: Site 8 at Preston Creek (Sta. 65+00) is below headwaters, has no impacts on jurisdictional wetlands, and less than 0.013 acres of impacts on surface water. Therefore, Site 8 meets the conditions of Nationwide Permit 14 (33 CFR Appendix A (B-14)) with no notification required to the Corps of Engineers or the Division of Water Quality. Miti *a1 tioil Avoidance: Wetlands were avoided to the extent possible given that the project is a widening of an existing road. Minimization: Impacts were minimized by using the steepest slopes possible in wetlands. At Station 55.00 (Strutton Creek) the original plan called for 30 meters (98.4 feet) of riprapped stream channel. The rip rap has been deleted from the project design. The channel will be contoured to resemble the existing creek and riparian species planted on the stream banks. In accordance with the NCWRC Stream Relocation Guidelines, the new channel will have the same average width, depth, length, meander pattern and substrate as the existing channel. Compensation: The wetland located adjacent to the project between Station 43 + 90 and 46 + 45 occupies approximately 7 acres between US 310 and Mills Cove Place. According to the Wetland Delineation Report from March 10, 1994 this large wetland supports an area dominated with scrub/shrub vegetation and adjacent emergent freshwater marsh. Two small streams merge at the site. In November 1996 part of the site was inundated due to beaver activity near the culvert under US 310. The resource agencies have stated that the site would be an ideal compensatory mitigation site. During the November field visit the Corps of Engineers, the NCWRC and the NCDWQ encouraged using the site for mitigation. During review of the draft environmental assessment the SHPO stated that the roadside should be planted with vegetation to screen a potential Historic Property. The Department of Transportation has obtained a list of wetland species from the WRC which could act as a screen for the property. We will incorporate these species into the roadside planting plan. In addition, the U.S. Fish and Wildlife Service encouraged "... the use of a portion of wetland number three [site 21 (palustrine scrub-shrub wetland) as a wetland mitigation (creation/restoration) site to compensate for the wetlands impacts associated with this project." Based on the above information the Department of Transportation evaluated using the wetland for mitigation and decided to make an offer to purchase to the existing landowners. This project will take place in a mountain trout county. Thus we anticipate that comments from the North Carolina Wildlife Resources Commission (NCWRC) will be required. By copy of this letter and attachment, NCDOT hereby requests NCWRC review. 14 Please find enclosed a copy of the PCN application, site map, and drawings for the project If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307. Sincerely, H. Franklin Vick, P.E., Manager Planning and Environmental Branch Enclosures cc: District Engineer, Corps of Engineers, Wilmington Mr. Steve Lund, Corps of Engineers, Asheville Field Office Mr. John Dorney, NCDEHNR, Department of Environmental Management Mr. Kelly Barger, P.E. Program Development Branch Mr. Don Morton, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. W. E. Hake, P.E., Division 1 I Engineer Ms. Stephanie Gaudreau, Mt. Region Coordinator Wellborn Mitigation Plan TIP Project No. R-2237A US Route 321, Caldwell County Prepared by Permits and Wrtlancl Mitigation Unit Planning caul Environmental Branch a North Carolina Dcpartment oCTransportation hIly 1997 1. Introduction The North Carolina Department of'1'r,ulsportation (NCDOT) has identified the "Wellborn Site" along an unnamed tributary of the Yadkin River in Caldwell County as a potential mitigation site for wetland impacts associated with Section A of the widening of US 321 (R-2237 A) as depicted on Figure 1, Location Map. The Wellborn site provides a contiguous wetland system adjacent to the unnamed tributary of the Yadkin River for preservation. During CoI1SlrLICtiOll, Section A of R-2237A will impact approximately 1.17 acres of headwater wetlands and stream channel. Construction of the. project is Scheduled for August 1997 :Ind will result in impacts to jurisdictional Waters of the United States. A Section 404 application was SLlblllltted Oil January 10, 1997 resulting in the following impacts on tllcse.jurisdiclional Waters ofthe United States: 1. The widening will relluire. extending the existing Strutton Creek culvert and constructing a head ditch. This action will include the relocation of 1741'eet of Strutton Creek into the culvert system and Iilling 0.0 197 acres of jurisdictional surface. waters. 2. Site 8 at Preston Creek (Sta. 05+00) is helow headwaters, has no impacts on ,lurisdiction;d wetlands, and less thml 0.0 13 acres of impacts on surface water. 3. The impacts to Waters oI the United States, including wetlands, at Sites I through 7 and 9 meet the conditions of, and are authorized under the Corps of Engineers Nationwide Permit 26. The impacts at these sites are above headwaters _ and permanent impacts arc less than an acre in size. 4. Impact to Site 2 is 2reatCI- than one third acre, specifically 0.98 acres of permanent impart and f). 19 :icres ol" temp ol-ary impact from clearing. The three step approach (avoidalicc, miuiulization, .old compensation) to mitigation of impacts to Waters of tlw United States was followed. Avoidance: Wetlands were avoided to the extent possible given that the project is a widening of an existing road. Minimization: impacts were nlimIlliMi by using the steepest slopes possible in wetlands. At Station 55.00 (Strutton Creek) the original plan called for 30 meters (98.4 feet) of riprappped stream channel. 'The rip rap has been deleted from the project design. The chancel will he contoured to resetnhlc the existing creek and riparian species planted on the stream hanks. In accordance with the NCWRC Stream Relocation Guidelines, the new channel will have the same average width, depth, length, meander pattern and Substrate as tile, existing channel. Befit Mailagenmr t_ Pr,tcticcs: Strict enforcement o sedimentation and erosion control Best Management Practices (BMP) for the protection of surface waters ;Ind wetlands. Ditching: It is the policy of the NCDO T to eliminate lateral ditching in wetlands as much as possible, thus preserving the hydrology of adjacent wetlands. Lateral ditches, typically sired to handle large volumes of water, are constructed to provide drainage where the land slopes toward the highway. C(mnensattOn: Compensation I)r the i-cmaining impacts will he ?mple?nented at the Wellborn Mitigation Site as descrihccl in this mitigation plan. The wetland located adjacent to the project hetween Station 43 + 90 and 46 + 45 occupies approximately 5.72 acres between US 310 and Mills Cove Place. According to the Wetkind Delineation Report from March Itl, 1994 this large wetlan(I supports an area dominated with SCruh/shrub vegetation and adjacent emergent freshwater marsh. The. site is characterized by tag alder(A/1xr.S ,SC rrulrl?n), musclewood ( arj iimr c-(lr-( lirfinnn) and blackberry (Kuhl• s s7).). There is adjacent emergent vegetation characterized by woolgrass (Scilyms CYI)Crirltls), rush (11111 •r1R Sp.), tearthimil) (Pol)-goriunl sagittatum) and seedhox (Ll. gwigia sp.). The 1994 report dicl not mention the presence of heavers. The arca is now partially inundated clue to ;? Deaver darn located roughly at the IIncture of the two headwater streams that merge at the site. In November 1996 part of the site was inundated due to heaver activity near the culvert under lIS 3I0. The resource agencies have. stated that the site would he an ideal compensatory mitigation site. During the November field visit the Corps ol'Engineers, the NCWRC and the NCDWQ encouraged using the site for mitigation. During review of the draft environmental assessment the Sl1P0 stated that the roadside should he planted with vegetation to screen a potential Historic Property. 'The Department of Transportation has ohtained a list of wetkuul species from the WRC which could act as a screen for the property. We will incorporate these species into the roadside planting plan. In addition, the U.S. Fish and Wildlile Service encouraged "... tile, use 01 '.1 portion of wetland number three [site 21 (p;dustrine seruh-sllruh wetland) IS a wetland mitigation (creation/restoration) site to Conipcils;Ite for the Weiland impacts associated with this project." Based on the (hove. inforn?ation the Department of"hransportation evaluated using the wetland for mitigation. l he ol•Iers to purchase the properties were accepted. The deeds to the properties and houndary surveys (locumentin'; the purchase will he forwarded to the Corps of Engineers shortly. The proposed Wellhorn Mitigation site will provide approximately 6.52 acres of scruh- shrub and emergent wetland preservation. 11 Methodology In November 1996, the NCDOT and resource agencies estimated that the site contained Sufficient wetlands to pi'oVide Mitigation for tile, filling of in adjacent 0.98 acres of contiguous wetland. The site also contaMcd an adjacent upland area occupied by a small baseball diamond and vegetable garden. It was evident that the area had been tilled to create an area higher in elevation than the adjacent wetland. At that time the agencies proposed that the Department ofTrallSportat?on purchase the site and use the existing wetlands as compensatory preservation mitigation for the impacts of R-2237 A. They further suggested that the adjacent upland area he purchased and restored to wetlands by grading and used as mitigation fur ether sections of IZ-2237. It. Target Coals and Functions The primary goal ol'preserving this site is to protect it from future development so that the water duality of the Yadkin River inay he protected. Preservation of this site will provide a riverine wildlife corridor along the. 1lnnarncd trihutary of the Yadkin River in an area slated for intense development pi'C:SSLII'C. ()tller goals NCDO T has for this site are to protect and improve the water duality of the unnamed tributary of the Yadkin River and the Yadkin River. A Compensatory Mitigation Checklist has I1CC11 Completed for this Illitigation site. (See Attachment.) Ill. Structural Components A. Vegetation The mitigation site is composed ol'approximately 5.72 acres of SCruh-shrub and emergent marsh charaCterlY.ed by a shrub stratum typical ol'scrub-shruh wetlands. The dominant ScrUb-SIlI'lIh Species inCIUCICd tag alder, musclcwood, hlackherryand honeysuckle. The dominant emergent species included woolgrass, rush, tearthumh and seedbox. B. Soils and Hydrology The Wellborn Site comprises approximately 5.72 acres of land including riparian drainages, shruh/shruh wetlands, freshwater inai:sh, and palustrine open water. Elevations range from just under 388 feet MSL withal the interior of the floodplain to approximately 390 feet on the uplands on the C(12C of Mill Cuvc Road. The soils within the wetlands and Iloodplain are hydric soils of the Chewacla and Wehadkee series. These series have textures of sandy loans to silty loam and are poorly drained. The seasonal high water tahle is at the s?n'face with frecluellt flood events from winter to mid-spring (USDA 19711). Soil hydrology within the floodplain portion of the site is influenced by over-bank flooding of the creek. The residence time of flood waters has been increased due to beaver activity with clam construction. IV. Monitoring No monitoring is proposed since no actions will he taken toy the NCDO T on the property. V. Other Considerations Site preparation will be minimal. The roadside. 1111 area on US 321 will be planted with trees. The species and planting details are descrihed on the attached sheets. The area adjacent to the culvert will he planted wth stU'carnhank reforestatuln species inClUding black willow (Soli.x nigra), silky dogwood (Cormis amomuln), sweetgum (Liquidumbur° styraciflua), sycamore (Plrnrtanus occielviitolis), and hlacl< cherry (Primus serotina). V1. Site Management NCDOT will retain ownership of this site since it is located adjacent to all existing road right-of-way. Since the site only involves preservation of an existing wetland, NCDOT is confident that the site will function as planned. t Wetlands Tracking ero)®ct MM ' Facility Name NC DOT I County Caldwell Project Number 98 0423 County2 Q Inac Region Asheville Project Type purpose of road widening I DCM Office Location US 321. I COE Office Asheville Latitude Longitude 401§ Recvd Sent to Recvd Total Total Total 401 401 Total Mit Mit Acres Recvd From Date Region Region 401 Date Final Action Acres Feet Feet ` 7 DOT 5/12/98 ( 11 5/19/98 50 [ Issue General I 0,.' I =r, r-s?`s? c+? ,ar r ,S<i - _a CCU Total for Project: 0.50 Inspections/ Violations Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St n Y O N r' 1(ins DOC .? . xri!t+t`r6 ?+-M1S'`^<3f?'tF; t-- 1.P^s ?. ,. - ?t v u.;aa •?,..-mot.,. ?? -. ?, ; ,. ? ? _ l?r 1 T 4 'e t e STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH. N.C. 27611-5201 E. NORRIS TOLSON GOVERM)R SECRETARY May 15, 1998 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 ATTN.: Mr. Steve Lund NCDOT Coordinator Dear Sir: 'l MAY 12 Subject: Caldwell County, Widening of US 321 from NC 268 to SR 1370, State Project No. 8.T73130 L TIP No. R-2237A. The North Carolina Department of Transportation (NCDOT) is widening US 321 from just north of NC 268 to just north of SR 1 370, a distance of 4.69 miles, to a multi- lane facility. Permits for the project were issued by the Corps of Engineers on April 28, 1997 and the N.C. Division of Water Quality on February 17, 1997. Construction of the project is underway. The contractor, Brown and Root, has notified us that they need an area for disposal of excess material. They identified a site adjacent to US 321 known as the Calvin Smith Waste Site and received permission from the landowner for tilling of the site. The site contains a Swale that the Corps of Engineers and the DWQ have seen and according to Steve Chapin the jurisdictional section of the swale is 70 feet in length.. The agencies stated that although the swale is a jurisdictional stream it is intermittent and does not require mitigation. The project will impact approximately 0.05 acres of jurisdictional wetlands. All work associated with the site will be completed before December 13, 1998. The impacts to the stream are located above headwaters. It is our understanding that the activities associated with this site fall under the Nationwide 26 regulations. The anticipated permanent impacts associated with this project are described in the attached Reclamation Plan. As a result, we request that the impacts to the Calvin Smith Reclamation Site be authorized by the Corps of Engineers under Nationwide Permit 26 and by the NCDWQ under a General Water Quality Certification. This project will take place in a mountain trout county. Thus we anticipate that comments from the North Carolina Wildlife Resources Commission (NCWRC) will be required. By copy of this letter and attachment, NCDOT hereby requests NCWRC review. Please find enclosed a copy of the Reclamation Plan, site map, and drawings for the project. If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307. Sincerely, David C. Robinson, Ph.D., P.E. Assist. Manager-Environmental Services Planning and Environmental Branch Enclosures cc: Mr. David Franklin, Corps of Engineers, Wilmington Mr. John Dorney, NCDENR, Division of Water Quality Mr. Whit Webb, P.I. Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. W. E. Hoke, P.E., Division 11 Engineer Mr. Mark Davis, Mt. Region Coordinator Attachment 4 Reclamation Plan Waste Area Project No: 6. 7194DdT Date: ?-i?-98 County: CQ??ir??ac Contractor: ?/?D6v,?g iPoo>/?c Address: Property Owner: l????-? s s?ni>s? Address: r?r? fox i99?3 ?G-?v?? ?C ???ys 1. Total acreage of proposed waste area: 2. Expected depth of waste: Dz-o??m /ovG= 3. Present use of land: 4. Proposed use after reclamation: 5. Is Corps of Engineers or C.A IMA approval required for this site? Any required approval must be obtained and furnished to the Resident Engineer prior to placement of any was:, in the site. 6. Is the site adjacent to any High Quality Waiter (HQ1yV) as defined by the Department of Environment. Health. and Natural Resources? (Yes or Nod If so, the design of all sediment control devices and buffer zones must meet the requirements of the Department of Environment, Health, and Natural Resources (DEH&NR). 7. Proposed sequence of placing waste: ,G?ySTGr %a ?U ?,QU?Jd r%/d?G/r'S ? SC?PA.o?G-'•C?Si?v?J?`'iIc-;=,Qi?? h?/??fA 8. State the method of reclaiming sediment and/or stilling basins. 9. Describe your intended plan for the reclamation and subsequent use of all affected lands, and indicate the general methods to be used in reclaiming this land, including haul roads and ditches. Attach a map which illustrates this plan, showing the location and design of all temporary and permanent erosion and sediment control devices. All features must comply with the appropriate specifications and standards. 10. Describe the proposed schedule of permanent seeding and mulching. Include any pro osed reforestation. _ ! /?%i?lr.,dG'`/r mac" O/?t/13?i?11/?Ud?'y.??' :D.?-../..y.>.ylJ??? Cis ?`/?? 11. Signatures (a) Contractor (Must be by a person who is authorized to sign Supplemental Agreements) (b) All Owners of Record Witness OJwners? Attachment: Site Map Approved: Resident Engineer Date: Exceptions: Initials of Exceptions: (a) Contractor: (b).Property Owner(s): Attachment Reclamation Plan Maps Borrow Pits and/or Waste Areas 1. Eight copies of all borrow pit and/or waste area maps shall be submitted. 2. A vicinity map showing the location of each pit or waste area shall be suomitted with the plan. This vicinity map may be a county highway map or an inset drawn on the reclamation plan map. 3. Maps for borrow pits and/or waste areas should be accurate drawings, aerial photographs. or enlarged topographic maps of the area to be utilized. They should be of a scale to clearly illustrate the following: a. Property lines of the tracts of land on which the proposed activity will take place, including easernzrts and right-of-ways. b. Outline of any proposed pit or waste area. c. Outline of any proposed stockpile areas. I Location and name of any adjacent streams or lakes. Show width and type (natural or constructed) of proposed buffer zones. e. Location of access roads, haul roads and ditches. alon-g with proposed sediment control measures. f. Show specific erosion and sediment control measures proposed. Show locations and size of all temporan devices. Devices should meet or exceed the design standards as shown in the NCDOT Roadway Standard Drawings. Show all drainage areas in acres (English) or hectare (metric g. State slopes to be left on borrow pits or waste areas. h. Map Legend: L Name of Contracror: 2. Name of Property owner, 3. North Arrow; d. County; 5. Project number; 6. Scale; 7. Date Prepared; i. Si--ned statement by both contractor and property owner certifying the intended plan. V (a) Contractor's Statement: I(we) hereby certify that this plan, when approved, will be utilized for the development. use, and reclamation of this site. Signature (s) (Must be by a person who is authorized to sign Supplemental Agreements.) (b) Property Owner's Statement: l(we) hereby certify that I am in agreement with this development. use. anu reclamation plan, and that I understand that I will be responsible for the site upon completion of its use in the construction of the project in the map legend. Witness * Owner (s) (dust be signed by all owners of record.) '3 L. Lof 'T T A. L. LL %.o V V i ? i .NORTH CAROLINA y C O U N T Y i ANrA•o R TIME NMWM N= 'NORTH CAROLINA DEPARTMENT OF TRANSPORTATI DMISION OF HIGHWAYS - GIS BRANCH . . \ I M COORMADW wlm THE -;---•-•-•---•--_ -_-_- U.S.DEPARTMENT OF TRANSPORTATION ?*? J Y FEDERAL HIGHWAY ADMINISTRATION l \ .• ? - SCALK ?a 0 1 f f / M•a ROCK RNO• :! . • as , A1•• ntv. JW I-T SCALE FOR 94APGAVANTS now \ i Ma,a,ti tlL ? \ \ ~ r MM POW OW ?.? 0M NOW, CANAMNA 14w CXN*MftoA MOM Ira, Lai I O N ?A Li ft! 12L' # C.?v? 1C © a '^? \•""L L"mmCHESTNUT Ar / , NTN. ts" 'a ? ? ' r.w.. rare cn ft MOSES 0" SAND MTk. / i -Hoop GRAVE GAP :•. '\ ., • v? ? i -? / of F' / i c! xx wt. i sae L '? / i Car ?? ••? 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TSB TsLI 75'45- Tya %? rite ' ?:r• ST.?t.1.r 25 i i MOOD \ 11 1 ? 1 \ \ \ / WOODS r J Q.M R. ?? v A \ ?v i •\ P\ • ?\ i i CAI 011 FEY r 1 ? ut EL r ? i i 7 E rr/ A7 roGTO•Q?,QRpu/,?./?oor/,?,{?_-- i.1'6.-?? R,_ r? `?? y/1TYD?..waP? G',pL!/iNSmsrj? ? + `-"• s l vey:To -? tcr?vo. ?. ?39ooLr "?? •. I r .r«sr a ?.ew - ?, - ? ?Ch , are. SEA= Id - ' (e5 (00LL`9ROTMERS\ v - - - - `?" wous ". NC.) ` (DOLL SM 1 I ' SEALED Aft CORP. ; ,. GAILY ® S SANDERS +t? ' ? PD.ul 0.49 AC. 40.'P. 41, j' ED '41R @ a¢ 0*4 AC. ?i / ? _, pp / /Woods ?'?:?^t?, '? b? ? ?• ?© /i DOLL IBROT AS ` i R^ sqms. '? _ 1 •5? I 1IT LIME ?StM+ 1 ?.a.; L?, l?.f;'i/ ?' , 1 _ ) I S a.ror.; woods VA sod coHC -? SfA1t0 M i i ST 's&re I ? EROS! /. fNA7 V ?? 1 SEALED CORP. I '"OODSV V 1 !?1 02, 3M ( 1 \ \ 1 S" A VON Vlw DeV4'a men ODS ii `Y Q ? T?? / w0 S \? w ?v .` A WOODS ((( /j• Wetlands / 401 Tracking irreen B Facility Name. NCDOT-US 321 WIDENING TIP R-2237A Project Number 96 0946 Project Type purpose of ROAD WIDENING I ! County CALDWELL Location I County2 Recvd From DOT -J COE ID # Region Asheville Received Date September 27, COE Susp Date Reg. Contact Sent to Region Date 10/4/96 DCM Susp Date Rcvd Region Date 2/14/97 TIP Number R-2237A Mitigation? ' Y 401 Data February 17, 1997 More Info Requested Final Action ISSUE More Info Received rtifI Cates `Stream Permit Cert # Wetland Wetland Score Stream Class Basin Wetland Acres Acres Feet F Type) Type Impact a Index Prim.. Supp. Class Req. n Appr. Req. A NW26 3018 BLH O Y ON 74 12-(25.5) C? 1R 030701 riparian 68 0.?)`I w.., W . ti. _...:.,. ? r JOY ON ? ?? j; ? ?i .., ..i_., Total for',?401. J .i Mitigation MltiaatIgh, Wetland Wetland Completion ' MitigationType Type Class Acres Feet Date Preserve 1 7.001 1 1 - ,: ; Total Mitigation: 7.00 ? r? ?