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HomeMy WebLinkAbout20011537 Ver 1_Complete File_20011019O?O? W ATF9 pG r Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources ? T? §d yi ? Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality APR 1, 5 rud ?dtYa:?d 9 "OUALITYSECTION DWQ Project No.: b 11-6-3 County: 150 ?JG oat. bG Applicant: 140- D 0 7` t2oaG 2- Rcu 0 Project Name: 0_&hAp C. P. ar Date of Issuance of 401 Water Quality Certification: a-- OZ - 2001 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, Ke- C?? CoA-rG s , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plan] a9d specipfatiops, and other supporting materials. Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date a?? CENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 F WAIF Michael F. Easley, Governor OHO 9QG William G. Ross Jr., Secretary - North Carolina Department of Environment and Natural Resources ` Gregory J. Thorpe, Ph.D. Acting Director O V Division of Water Quality November 2, 2001 Buncombe County DWQ Project No. 011537 Bridge No. 197 on SR 2793 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Roger D. Bryan, Division Environmental Officer- NCDOT Division 13 P.O. Box 3279 Asheville, NC 28802 Dear Mr. Bryan: You have our approval, in accordance with the attacbed conditions and those listed below, to impact 60 linear feet of Cedar Creek in order to replace Bridge No. 197 on SR 2793 in Buncombe County. The project should be constructed in accordance with your application dated October 16, 2001 (received October 19, 2001). After reviewing yow applicatkmi, we have decided that this fill is covered by General Water Quality Certification No. 3289 cosespaading to the U .S. Army Corps of Engineers Nationwide Permit Number 14. In addi&m, you should acquire any other federal, state or local permits before you proceed with your proms including (but not limited to) Sediment and Erosion Control,.Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and desigm that you described in your application except as modified below. If you change your project; you mgt notify us, in writing, and send us a new application. If the property is sold, the new owner rust be grvea a copy of this Certification and approval letter and is thereby responsible foreompl3fmg with all conditions. If total wetland fills for this project (now or in the future) exceed one acre or steam impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the cow listed in the attached certification and any additional conditions listed below. h ? '" - - - - 1. In-stream work and land disturbance khm the 25o*bu vi& Iffier zone are prohilnted during the trout spawning season of October 15 through Apra 15, or as diel?ed hy, the North Carolina Wildlife Resources Commission, to protect the M and fry stages of trout from sedimentation during consttt>on: , 2. Stormwater should be directed to buffer areas ormtention t and should not 6e routed directly to streams. 3. `.Temporary or permanent herbaceous won AM be planied on all bare soil within 10 days of ground-disturbing activities to provide bng terns oco&oL 4.` All cutverts required for this project shall be iodalled is smh a manner that the original stream profiles are not altered (i.e.'the depth of the cbw mel mlua am be reduced by a widening-of the streambed). Existing stream dimensions are°lb be nukftined above and below locations of North Carolina Division of WaterOraaily, 40100hdands Csdaca5cn Uric, 1650 MaH Service Center, Rafe HC 27W--94M (IlAnIfirg Address) 2321 Crabtree Blvd., Raleigh, W ZM04-22M fmca" 919-733-1786 (phone), 919-733&4, ktt ,.w r ?_ mhrwedandst culvert extensions. Culverts shall be installed one foot below the stream to allow for fish and other wildlife movement. 5. All work shall be performed during low flow conditions. 6. All mechanized equipment operated near surface waters"must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 7. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 8. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 9. Use of rip-rap for bank stabilization is to be minimised; rather, native vegetation is to be planted when practical. If necessary, rip-rap must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 10. Rock silt screens at culvert outlets shall be removed at project completion. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Centei laleigh, N.C. 27699-6714. 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 Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Sincerely, e 7. orpe, Ph.D. Attachment Pc: Wilmington Distract Corps of Engineers ` ` - Corps of Engineers-Asheville Field Office NCDWQ Asheville Regional Office - nCentral Files °7 3 f, < 3 ,-r=a.1.7, File Copy A f? t?.? ,.S_x. dy r f.v ,I Ffrxi'w l •'FxZu?'`k&?14i SFr f?<-" L7<t1L rY,.j FILE COPY STATE OF NORTH CAROLINA 1 ISSUED DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR Mr. Steve Lund PO BOX 3279, ASHEVILLE, NC 28802 October 16, 2001 US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit #14 Bridge #197 Buncombe County, NC Dear Mr. Lund: SECRETARY 011537 I have enclosed plan sheets and cross-sections, a PCN application for NWP #14, and a vicinity map relative to the bridge replacement project on SR 2793, Buncombe County, NC. We propose to replace the existing timber/steel bridge with a single 128"x83"x60' metal arch pipe culvert. Total stream impact will be 60 linear feet. The current structure is in poor condition and needs replacement. Construction activities will be conducted from dry work areas whenever possible. The culvert will be constructed to enhance aquatic life passage. Existing channel morphology will be maintained upstream and downstream of the bridge. Riparian vegetation will be reestablished along disturbed areas associated with project. No federally listed species (threatened or endangered) or critical habitats will be affected by the proposed project. By copy of this letter, we request Mr. Owen Anderson, North Carolina Wildlife Resources Commission Coordinator, to comment directly to the Corps concerning the permit request. We would like to request a moratorium similar to those from previous projects within the area (Jan. 1- April 15) to allow completion of the project during November. Construction time should not exceed one day. z s PAYMENT REcEI VED Mr. Steve Lund Page-2 Bridge #197, Buncombe County October 16, 2001 Erosion control measures will be employed from the "Erosion and Sedimentation Control Guidelines for Division Maintenance Operations" and reviewed by Mr. Ed Ingle, Area Roadside Environmental Engineer. By copy of this letter, I am forwarding seven (7) copies of the application package to Cynthia Van der Wiele, NC DENR, Division of Water Quality, 401/Wetland Unit for review and comment. A $200.00 check is enclosed for application processing. Please forward comments directly to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please contact me at (828) 251-6287. Sincerely, Roger D. Bryan Division 13 Environmental Officer Enclosures cc: F.D. Martin, P.E. G. R. Spangler H. M. Coates, P.E. Owen Anderson Cynthia Van der Wiele Ed Ingle Office Use Only: a Form Version April 2001 USACE Action ID No. DWQ No 115 3 7 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit ? Section 10 Permit X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation Mailing Address: P.O. Box 3279 Asheville. NC 28802 Telephone Number: 828-251-6287 Fax Number: 828-251-6394 E-mail Address: rdbryanaa dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Pagel of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridge #197 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Buncombe Nearest Town: Black Mountain Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Take I-40 to Exit 64, Go south on NC 9 for approximately 8 miles then turn left onto Old US 64, go approximately 4 miles then turn right onto SR 2793 (Cedar Creek Road). Bridge #197 is approximately 1 mile from the intersection. 5. Site coordinates, if available (UTM or Lat/Long): 35 31'43"N 82 11'07"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Existing Bridge 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Cedary Creek 9. River Basin: Broad Page 2 of 8 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.) 10. Describe the purpose of the proposed work: We propose to replace the existing single span bridge over Cedar Creek with a 128"x83"x60' arch pipe with headwall. d 11. List the type of equipment to be used to construct the project: Excavator, backhoe, an trucks. 12. Describe the land use in the vicinity of this project: Rural, homes and wooded. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ 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.I.P. project, along with construction schedules. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No no future plans. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Tvpe of Impact* I Area of I Located within I Distance to I _ I Page 3 of 8 Site Number (indicate on ma Impact (acres) 100-year Floodplain** es/no) Nearest Stream (linear feet) Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:,//www.feina.?io . *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.0 Total area of wetland impact proposed: 0.0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Sta. 86+25 Culvert 60 Cedar Creek 12 ft P * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usns.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 60 feet. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Onen Water Impact Tvve of Imtiact* I Area of I Name of Waterbody I Type of Waterbody j Page 4 of 8 Site Number Impact (if applicable) (lake, pond, estuary, sound, indicate on ma (acres) bay, ocean, etc.) N/A List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation 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.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The existing bridge must be replaced due to the poor _condition of the structure. The proposed design uses a flat bottom arch which mimics the existing plain characteristics. VIII. 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. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors Page 5 of 8 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 NCWRP 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 enr state.nc.us/ncwetl,inds/strm?,ide.html. 1. 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 Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M..-index.him. If use of the NCWRP is proposed, please check the appropriate box on page three 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): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X No ? Page 6 of 8 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) 733-5083 to review current thresholds for environmental documentation. Yes ? No X 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 (DWQ Only) 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. )? Yes ? No X If you answered "yes", provide the following information: 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of cnannei; Gone [ extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Page 7 of 8 Describe impervious acreage (both 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. No significant change in impervious surface Stormwater will diverted through settling basins or grass lined buffers prior to entering the stream XII. Sewage Disposal (DWQ Only) 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). With regard to hazardous spill basins the road is not classified as an arterial route, therefore hazardous spill basins are not required O /0 a r Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 8 of 8 crap -- ?- Dim y:_ ?.1 2930 111111 \ r rr ?a "?? ^ap• / V, \ _ i - _ _ it . \ - .-op .?" . - - - x22 - e n 7791 .2 if - V/ - , - n a 2246 ;.: ' 1 u. it- 2B-5x _ _ mod.. ? II ' U x211 1 if u _ Fri PROJECT ARE 779 I Knot 1647 1465li \ Lo II - .\ '. • --lam- - - - _ ?\ -_ _ _ _. 1:'x:•/1 ,/ 555x- ?` - Ir rp ?X/_ 400 65 ff,j 12130' 391 392 393 394 101 Vicinity Map: Bridge #197, SR 2793, Cedar Creek Road, Buncombe County, NC (Moffitt Hill Quadrangle, Scale 1:24000). \???31415 Is??i STATE OF NORTH CAROLINA :9 ; : o0 DEPARTMENT OF TRANSPORTATION, JAMEs B. HUNT JR. GOVERNOR Ill r..r,? L_ S?c July 17, 2000 COUNTY: Buncombe MEMORANDUM TO: Mr. S.A. Moore, PE District Engineer FROM: Roger E. D'Jernes Regional Hydraulics Engineer SUBJECT: Bridge Replacement Recommendation Buncombe County Bridge Number 197 on SR 279; Pursuant to the request on February 14, 2000, for a bridge replacement recommendation at the above subject site, the following is offered. Drainage Area: 1.3 Square Miles Existing Structure: 25' Single Span Bridge Recommended Pipe Size: 1 Pa, 128" X 83" CSPA W/Headwall Specific site conditions or limitations may dictate the use of an alternate structure. If such conditions are noted, please contact this office for further analysis. RED cc: Mr. W.D. Smart, PE J tW 406KR IR het, a1,) IM -526 yo TAMES MQLLAO? IlOU Sri 79'.L- CouRT CIR. MIAMI ) FL 3315*T, WpOr?s ?' 19 Io I s, B. s ? I ? I ?I I ? ?I 1 g I ? l0 9 1 I I ?? a I ?? I i I I 110 '' ? c ? I I I i I CSQ s) I I ? I io 9 I I I I ? 0 FLORENCE UAV1S 11!39 - V?7 I i - { I EP wont W NO WALL \ I?71 b I I I I i I I 5 110$1 1 !o: Lj t so ?3 /yIlelMeL I-AwZrAICA.6 LU14 ¢iv c?pl?ReRE?rc2 ? OOOS 12' GR. 0 12' U. EN SRI O FLORENCE WAS 1335- f * \ obs 1;11 1 1 ri . ISSUED 0115 7 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR Mr. Steve Lund PO BOX 3279, ASHEVILLE, NC 28802 October 16, 2001 US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit #14 Bridge #197 Buncombe County, NC Dear Mr. Lund: SECRETARY I ji I have enclosed plan sheets and cross-sections, a PCN application for NWP #14, and a vicinity map relative to the bridge replacement project on SR 2793, Buncombe County, NC. We propose to replace the existing timber/steel bridge with a single 128"x83"x60' metal arch pipe culvert. Total stream impact will be 60 linear feet. The current structure is in poor condition and needs replacement. Construction activities will be conducted from dry work areas whenever possible. The culvert will be constructed to enhance aquatic life passage. Existing channel morphology will be maintained upstream and downstream of - the bridge. Riparian vegetation will be reestablished along disturbed areas associated with project. No federally listed species (threatened or endangered) or critical habitats will be affected by the proposed project. By copy of this letter, we request Mr. Owen Anderson, North Carolina Wildlife Resources Commission Coordinator, to comment directly to the Corps concerning the permit request. We would like to request a moratorium similar to those from previous projects within the area (Jan. 1- April 15) to allow completion of the project during November. Construction time should not exceed one day. A Mr. Steve Lund Page-2 Bridge #197, Buncombe County October 16, 2001 Erosion control measures will be employed from the "Erosion and Sedimentation Control Guidelines for Division Maintenance Operations" and reviewed by Mr. Ed Ingle, Area Roadside Environmental Engineer. By copy of this letter, I am forwarding seven (7) copies of the application package to Cynthia Van der Wiele, NC DENR, Division of Water Quality, 401/Wetland Unit for review and comment. A $200.00 check is enclosed for application processing. Please forward comments directly to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please contact me at (828) 251-6287. Sincerely, ?g? Roger D. Bryan Division 13 Environmental Officer Enclosures cc: F.D. Martin, P.E. G. R. Spangler H. M. Coates, P.E. Owen Anderson Cynthia Van der Wiele Ed Ingle Office Use Only' Form Version April 2001 USACE Action ID No. DWQ No. 01 15 3 7 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit ? Section 10 Permit X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation Mailing Address: P.O. Box 3279 Asheville NC 28802 Telephone Number: 828-251-6287 Fax Number: 828-251-6394 E-mail Address: rdbryan@dot state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 . a III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridge #197 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Buncombe Nearest Town: Black Mountain Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Take I-40 to Exit 64, Go south on NC 9 for approximated 8 miles then turn left onto Old US 64, go approximately 4 miles then turn right onto SR 2793 (Cedar Creek Road). Bridge #197 is approximately 1 mile from the intersection. 5. Site coordinates, if available (UTM or Lat/Long): 35 31'43"N 82 11'07"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Existing Bridge 7. Property size (acres): 0.1 8. Nearest body of water (stream/river/sound/ocean/lake): Cedary Creek 9. River Basin: Broad Page 2 of 8 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:'/h2o.enr.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: We propose to replace the existing single span bridge over Cedar Creek with a 128"x8Yx60' arch pipe with headwall. 11. List the type of equipment to be used to construct the project: Excavator, backhoe, and trucks. 12. Describe the land use in the vicinity of this project: Rural, homes and wooded. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ 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.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No no future plans. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Type of Impact* ` Area of Located within Distance to Page 3 of 8 Site Number (indicate on ma) Impact (acres) 100-year Floodplain** (es/no) Nearest Stream linear feet) Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:!/www.fema.ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.0 Total area of wetland impact proposed: 0.0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? especify) Sta. 86+25 Culvert 60 Cedar Creek 12 ft P * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usLs.tzov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.to2oozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 60 feet. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Onen Water Impact Type of Impact* I Area of I Name of Waterbody I Type of Waterbody Page 4 of 8 Site Number Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma (acres) bay, ocean, etc.) N/A List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation 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.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. - The existing bridge must be replaced due to the poor condition of the structure. The proposed design uses a flat bottom arch which mimics the existing floodplain characteristics. VIII. 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. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors Page 5 of 8 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 NCWRP 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. enr. state.ne.us/ncwetl ands./stem gi d e. html . 1. 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http:7h?o.enr.state.nc.usiM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three 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): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X No ? Page 6 of 8 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) 733-5083 to review current thresholds for environmental documentation. Yes ? No X 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 (DWQ Only) 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X If you answered "yes", provide the following information: 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Page 7 of 8 Describe impervious acreage (both 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. No significant change in impervious surface. Stormwater will diverted through settling basins or grass lined buffers prior to entering the stream. XII. Sewage Disposal (DWQ Only) 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). With regard to hazardous spill basins the road is not classified as an arterial route, therefore hazardous spill basins are not required. Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 8 of 8 - \- -T; &M y _- .? 2930 T _ Vxi ?\ v/ _ n 248 - \J It ` ?- _? n: / I /i _ 1. ? 11 V i I? ==Kn PROJECT AREA = \_ ft, Creek 1e47 1 \ Lo -? `? -- 555 x \\ \ Ir -` n x 2253 C Lek _ - ?, - - - ?_J 495. 1314 ??-i - n9 12'30' 391 392 393 394 10' Vicinity Map: Bridge #197, SR 2793, Cedar Creek Road, Buncombe County, NC (Moffitt Hill Quadrangle, Scale 1:24000). s 3141516y? J9 ?: Gl c CO STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, JAMES E. HUNT JR. .??D S?CC04?'. GOVERNOEt ?- July 17, 2000 COUNTY: Buncombe MEMORANDUM TO: Mr. S.A. Moore, PE District Engineer FROM: Roger E. D'Jernes Regional Hydraulics Engineer SUBJECT: Bridge Replacement Recommendation Buncombe County Bridge Number 197 on SR 2793 Pursuant to the request on February 14, 2000, for a bridge replacement recommendation at the above subject site, the following is offered. Drainage Area: 1.3 Square Miles Existing Structure: 25' Single Span Bridge Recommended Pipe Size: 1 ()a, 128" X 83" CSPA W/Headwall Specific site conditions or limitations may dictate the use of an alternate structure. It such conditions are noted, please contact this office for further analysis. RED cc: Mr. W.D. Smart, PE 910I. ? s. e. s ? I I I ?I tW UNUKR lk (et. a(,? INN -TU '/o TAKS MULLA4EY II02? SW 77-` COUR1 CIR. MIAMI , FL 33)5% Wppy?s 0 'FLORE1yCE DAV15 I3SS - 07 I 8 log I I ?? b aeI ? I I I ? io u r ? I I ? I i W I I/ I If ?SDS) ? j,c9 ? I I W Ne WALL I ? EP i 771 b I i I I I I I ? I I IlOai J t so' WOODS )Z'(,-R. 12' YGR. EN QR 0 rukR rCE DAV>s 13SS- ?0? MOODS ih i WARRANT NO. 8871 INVOICE NUMBER SR2793 INVOICE DATE IF INCORRECT RETURN TO NC DEPARTMENT O_F TRANSPORTATION DIVISION 13 OFFICE 8282516136,_._._. DATE 10/16/2001 INVOICE AMOUNT NET AMOUNT 10/15/2001 1 $200.00 ` /gi01 I