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HomeMy WebLinkAbout20010880 Ver 1_Complete File_20010612OF W A TF \O? ROG Michael F. Easley _ Governor 0) r William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 27, 2001 Haywood County DWQ Project No. 010880 TIP Project No. I-3100 Climbing lane along I-40 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Mark S. Davis, Division Environmental Officer NCDOT Division 14 P.O. Drawer 37 Sylva, NC 28779 Dear Mr. Davis: You have our approval, in accordance with the attached conditions and those listed below, to impact 145 linear feet of an unnamed tributary to Hominy Creek in order to construct climbing lanes along I40 in Haywood County. The project should be constructed in accordance with your application dated 5 June 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3106 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 18. In addition, you should acquire any other federal, state or local permits before you proceed with your project 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 ir?he Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) 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 conditions listed in the attached certification and any additional conditions listed below. 1. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season of October 15 through April 15, or as otherwise determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from sedimentation during construction. 2. Storm water should be directed to buffer areas or retention basins and should not be routed directly into streams. 3. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413 .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of ground-disturbing activities to provide long term erosion control. 4. The upper end of the culvert required for this project shall be installed in such a manner that the original stream profiles is not altered (i.e. the depth of the channel should not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above the location of culvert extension. 5. The culvert shall be bedded to provide passage for fish and other aquatic life. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 6. All work shall be performed during low flow conditions. 7. The presence of equipment in the channels must be minimized. Under no circumstances should 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. Disturbance above the newly piped section should be kept to a minimum with the existing vegetation maintained. 9. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap should be limited to the stream bank below the high water mark, and vegetation should be used for stabilization above high water. 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, 6714 Mail Service Center, Raleigh, 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 919.733.1786 or Mr. Mike Parker of the Asheville Regional Office at 828.251-6452. Sincerely, Attachment Stevens cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NCDOT - culvert along I-40 Project Number 01 0880 Recvd From DOT Received Date 6/12/01 Recvd By Region Project Type road construction Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME F18 Stream O Y -@)N F- 6-76 F_F_F__ 40,302. F__ 145.00 145.00 Y N? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 9 N Recommendation: 0 Issue DQ Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 353227 Longitude (ddmmss) 824559 Comments: This project 145 feet is to nine an unnamed tributary for Hominy Creek. This is the less of two evils where 6-8 streams would have been piped 20 to 40 feet if project had not been changed. The stream is entirely on DOT pro e , a 'acent to 1-40 and will connect to existing_piue under the Interstate. 1. Require sediment and erosion control devices. 2. Pipe should be beded to provide fish and wildlife movement. 3. The upper end of the pipe should be installed so as not to alter the orginal stream profile. Existing- stream dimensions are to be maintained above pine exstension. 4. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into streams. 5.Distrubance above the newly piped section should be kept to a minimum with the existing yeaetat6on maintained. County Haywood County2 Buncombe Region Asheville cc: Regional Office Central Office Page Number 1 TeMSTA7Fv _ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR S ECRETA ItY June 5, 2001 Mr. Steve Lund, Regulatory Project Manager US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit # 18 Culvert and fill - Unnamed tributary to Hominy Creek TIP No. I-3100 - Construct climbing lane along I-40 Haywood and Buncombe Counties Dear Mr. Lund: 10' 10000 I have enclosed a PCN application for a NWP #18, erosion control plan, permit drawing, and a location map regarding the subject culvert installation. The North Carolina Department of Transportation (NCDOT) is constructing a climbing lane along I-40 from west of SR 1599 (Holden Branch Road) to approximately 1.0 km (0.6 mile) east of the Haywood-Buncombe County line. The project was originally designed with 2:1 fill slopes, which resulted in no impacts to surface waters. However, when the project went to the Federal Highway Administration for review, they recommended 4:1 fil`lo eliminate the instaiiatien-o guardraU. The project was redesigned with 4:1 fill slopes, resulting in 10 pipe extensions totaling 480 linear feet of stream impacts. These project revisions were not reviewed by the Project Development and Environmental Analysis Branch and no permits were obtained for the project. The project was let to contract in January 2001 and construction began in early April. During the clearing phase of the project, NCDOT personnel were looking at potential waste areas w en t ie pipe extensions were brought to our attention. A field review was conducted on May 7, 2001 with representatives from NCDOT, the US Army Corps of Engineers, NC Division of Water Quality, and the NC Wildlife Resources Commission to discuss project alternatives. NCDOT agreed to incorporate the 2:1 fill slopes back into the project design, which eliminated all stream impacts associated with this project. It is generally not NCDOT policy to pipe streams to create waste disposal sites; however, due to the excessive amount of waste material generated by this project (200,000+ cubic yards), the lack of suitable waste disposal sites in the area, and the fact that the proposed waste area is located within existing NCDOT right-of-way, we are requesting authorization to pipe 145 linear feet of -u rr -C r-1 o = Fourteenth Division Office, Post Office Drawer 37, Sylva, North Carolina 28779 Telephone: 828-586-2141 www.doh.dot.statc.nc.us Fax: 828-586-4043 TIP No. I-3100 an unnamed tributar Page 2 to Hominy Creek (DWQ Class C to create a waste June 5, 2001 osal site on the east end of the project. The project will require the discharge of 16 cubic yards of fill material into the unnamed tributary. Utilization of the proposed site will also eliminate safety concerns associated with haul trucks entering the flow of traffic on I-40 to transport waste materials to offsite disposal areas. By copy of this letter, we request Mr. Owen Anderson, North Carolina Wildlife Resources Commission Mountain Region Coordinator, to comment directly to the Corps concerning the permit request. By copy of this letter, I am forwarding seven (7) copies of the application package to Mr. John Domey, NC DENR, Division of Water Quality, 401 WetlandsUnit for review. A $200.00 check is enclosed for application processing. Please forward comments directly to the Corps with a copy to the Division 14 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or need additional information, please contact me at (828) 586-2141. Sincerely, Mark S. Davis Division 14 Environmental Officer Enclosures cc: Mr. John Domey (7 copies), DWQ, 401 Wetlands Unit, NCDENR Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. R. G. Watson, P.E., Division Engineer, NCDOT Mr. W. K. Brazell, P.E., Resident Engineer, NCDOT Mr. E. L. Ingle, Area Roadside Environmental Engineer, NCDOT ?9 G k 7E Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://wt?tiv.saw.usace.army.mil/wetlands/Pemi app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at littp://Nvvvw.saw.usace.army.miI/wetlands/rcgtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 I CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (LAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum. amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://wwNv.saw.usace.anny.miI/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.htm1. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Office Use Only: Form Version April 2001 0 'i 0 0 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 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 Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 18 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: North Carolina Department of Transportation Mailing Address: PO Drawer 37 Sylva, NC 28779 Telephone Number: (828) 586-2141 Fax Number: (828) 568-4043 E-mail Address: markdavis(a?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 3 of 12 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: Construct climbing lane along I-40 from west of SR 1599 (Holden Branch Road) to approximately 1.0 km (0.6 mile) east of the Haywood-Buncombe County Line 2. T.I.P. Project Number (NCDOT Only): I-3100 3. Property Identification Number (Tax PIN): 4. Location County: Haywood-Buncombe County Nearest Town: Canton Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): I-40 to Exit 37, SR 1200 (Wiggins Road) to Ashebrook Estates. Site is located in cove to the left of entrance gate (See attached map). 5. Site coordinates, if available (UTM or Lat/Long): 035 32'27.4" N, 082 45'58.6" 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: Woodland bisected by an unnamed tributary to Hominy Creek located on existing NCDOT Right-of-Way 7. Property size (acres): Approximately 1.5 Acres 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Hominy Creek 9. River Basin: French Broad (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/.) Page 4 of 12 10. Describe the purpose of the proposed work: Pipe and fill (16 cubic yards) 145 linear feet of an unnamed tributary to Hominy Creek to provide a waste area for the disposal of excess material generated by the construction of a truck climbing lane along I-40 near the interchange (Exit 37) of I-40 and SR 1200 (Wiggins Road) 11. List the type of equipment to be used to construct the project: Excavators, Bulldozers, and Dump Trucks 12. Describe the land use in the vicinity of this project: Woodland, idle NCDOT right-of -way 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: None 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. Page 5 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but arc 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:/hvww.fcma.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/salt-,vater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) Site 1, Sta 59+25 Culvert and Fill 145.0 UT to Hominy Creek 3.0 Perennial List each impact separately and identity 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., %vww.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 145.0 linear feet Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identify 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): F? 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 construct' reduce impacts. It is generally not NCDOT policy to e dams to create waste disposal sites; lim, ever, due to the excessive amount of waste material eherated b this project 200,000 + cubi yards), the lack of suitable waste disposal sites in close roximit o the project, andth - fact that the proposed waste area is located within "existing" NCDOT rig t-o -way, NCDOT feels this request is justified. Utilization of the proposed waste site will also ease safety concerns associated with the use of I-40 (trucks entering and exiting traffic) to transport waste materials to offsite disposal areas. Appropriate erosion control and BMP's will be utilized during construction to minimize impacts to downstream aquatic resources. Page 7 of 12 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 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/ncwetlands/stnngide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A Page 8 of 12 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/ Vetlands 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 littp://li2o.enr.state.nc.us/wrp/index.litm. 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 ® No 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 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 F-1 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 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes F-1 No [:] If you answered "yes", provide the following information: Page 9 of 12 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 ' Gone t cxtenas out Su teet perpennlcular from near banK of cnannel; Gone L extcnas 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) 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. 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 ? Is this an after-the-fact permit application? Yes D No El Page 10 of 12 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). It is NCDOT policy that all proposed borrow and waste sites be surveyed for wetlands and threatened and endangered (T&E) species. Fish and Wildlife Associates, Inc. was retained by Taylor & Murphy Construction Company, Inc. (NCDOT contractor for 1-3100) to conduct these studies. The field surveys were conducted by Ms. Pamela Boaze on May 8, 2001. The environmental evaluation was submitted to NCDOT by Taylor & Murphy Construction, Inc. along with their reclamation plan for the proposed waste site on May 15, 2001. No wetlands or any ME species and/or habitats were found on the project site. ApplicanOAgent's Signature ' Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 S?a_?o ..? .?9 t ?S TYPE "811 SlL-T 'BASIN J ?-0' X--30, X3, CAPA0,17Y: 1000 cF 1,0F2 W W W W CD CN 13 ` 0 CD Lo SILT 12 ITCH SEA FiLL .. T5 Ac . FALSE SLWP lk SEE DETAIL "B" 375 41 n,2 _ F EYy 1 43 1 II 1 Htl 1 <I I c I 1 l I i ASHESR2O ESTATES, INC. PG 072 DD 389 PO 834 rs \9? \ ti.\ Eo 1 M ,0?•'O O O 6 \ + 'ReOq \ \c. Y? CCLLAA AND EXTEND 18GOnn CSP TYPE B EXTEND 1445' L ,t + ------? _ *NNW urn - - - - S 83'04`OJ.4'E o r•.? ----_ I I - 1_ V) W ' z J 2 -L- 1-0 WaL 72 6Sr -----_- ------ z2 esr o.a co c --'----- _ I 1 1 ----------`BSI------ J t 1-40 raL 72 BSr - - - - - - - - - - - - - - - -- i -L- TS Sta. 58+43.278 t 13 T 5T Sta. 58+39.244 I I il8 TAYLOR & MURPNYCONST Co., INC. ?s g;8 „ HAYWOOP / BUNCO MBE - 6.19143lo01 I I A i ' Q VATE:05111/01 SCALY : METKIC ?? MAp LEG.Et?LD ??? ° Z? SILT PITCH ` ?- NNE 1 I 1 1800 MM CS •P IT - SILT BASIN ct i i do.. r' Q V) U, v? =o ago r oo cco. O3w TL. D6 Q 7 0 w U W Ll- O Q A z 4i LU P D O C? Z r N X LU z z o d U c d 0 z W 0. 9 !U Vi w 4 0 w Z IL N Q flas z Z7 O 0 Q _N X LL1 TAIILOR & MURPHY CONST. Co.,1t4C. HAYWCov/$UWCOMBF- 8.19L436,01 VAS' E : x5h ?/O I LOCA-TioNOr WAS-T?AREA c? r ON, . • • cam'. • cv ?i (? ? 1 ? VAS ?` O • i \ 06 r co • r-r` 240 1/7 Z; / O. P (V M p N o O p LO O a O U c S O M IL ?] ti .00 N CL 0 CL • C J wr M M M N (0 z Q- p ?- O ZN U Q? C ai..? ZOcn STA-TE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYIV'DO TIPPETT GOVERNOR SECRETARY June 5, 2001 Mr. Steve Lund, Regulatory Project Manager 010880 US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 r-T-r Subject: Nationwide Permit # 18 n Culvert and fill - Unnamed tributary to Hominy Creek --" TIP No.1-3100 - Construct climbing lane along I-40 0 Haywood and Buncombe Counties Dear Mr. Lund: I have enclosed a PCN application for a NWP #18, erosion control plan, permit drawing, and a location map regarding the subject culvert installation. The North Carolina Department of Transportation (NCDOT) is constructing a climbing lane along I-40 from west of SR 1599 (Holden Branch Road) to approximately 1.0 km (0.6 mile) east of the Haywood-Buncombe County line. The project was originally designed with 2:1 fill slopes, which resulted in no impacts to surface waters. However, when the project went to the Federal Highway Administration for review, they recommended 4:1 fill slopes to eliminate the installation of guardrail. The project was redesigned with 4:1 fill slopes, resulting in 10 pipe extensions totaling 480 linear feet of stream impacts. These project revisions were not reviewed by the Project Development and Environmental Analysis Branch and no permits were obtained for the project. The project was let to contract in January 2001 and construction began in early April. During the clearing phase of the project, NCDOT personnel were looking at potential waste areas when the pipe extensions were brought to our attention. A field review was - conducted on May 7, 2001 with representatives from NCDOT, the US Army Corps of Engineers, NC Division of Water Quality, and the NC Wildlife Resources Commission to discuss project alternatives. NCDOT agreed to incorporate the 2:1 fill slopes back into the project design, which eliminated all stream impacts associated with this project. It is generally not NCDOT policy to pipe streams to create waste disposal sites; however, due to the excessive amount of waste material generated by this project (200,000+ cubic yards), the lack of suitable waste disposal sites in the area, and the fact that the proposed waste area is located within existing NCDOT right-of-way, we are requesting authorization to pipe 145 linear feet of Fourteenth Division Office, Post Office Drawer 37, Sylva, North Carolina 28779 Telephone: 828-586-2141 www.doh.dot.state.ric.us Fax: 828-586-4043 TIP No. 1-3100 Page 2 June 5, 2001 an unnamed tributary to Hominy Creek (DWQ Class C) to create a waste disposal site on the east end of the project. The project will require the discharge of 16 cubic yards of fill material into the unnamed tributary. Utilization of the proposed site will also eliminate safety concerns associated with haul trucks entering the flow of traffic on I-40 to transport waste materials to offsite disposal areas. By copy of this letter, we request Mr. Owen Anderson, North Carolina Wildlife Resources Commission Mountain Region Coordinator, to comment directly to the Corps concerning the permit request. By copy of this letter, I am forwarding seven (7) copies of the application package to Mr. John Dorney, NC DENR, Division of Water Quality, 401 WetlandsUnit for review. A $200.00 check is enclosed for application processing. Please forward comments directly to the Corps with a copy to the Division 14 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or need additional information, please contact me at (828) 586-2141. Sincerely, Mark S. Davis Division 14 Environmental Officer Enclosures cc: Mr. John Dorney (7 copies), DWQ, 401 Wetlands Unit, NCDENR Mr. Owen Anderson, Mountain Region Coordinator, NCWRC Mr. R. G. Watson, P.E., Division Engineer, NCDOT Mr. W. K. Brazell, P.E., Resident Engineer, NCDOT Mr. E. L. Ingle, Area Roadside Environmental Engineer, NCDOT \ NA TF?Q ,?O Gy c r Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http:/hvw-v.saw.usace.anny.mil/wetlands/Perm app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http:/hvww.saw.usace.army.miUwetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/newetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page I of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum. amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http:/hvww.saw.usace.army.miI/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of 5200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.litml. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Office Use Only: 0 .1 0 U 8 0 Form Vcrsion April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 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: ® Section 404 Permit Section 10 Permit ® 401 Water Quality Certification F] Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 18 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 Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: PO Drawer 37 Sylva, NC 28779 Telephone Number: (828) 586-2141 Fax Number: (828) 568-4043 E-mail Address: markdavis@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: E-mail Address: Fax Number: Page 3 of 12 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: Construct climbing lane along I-40 from west of SR 1599 (Holden Branch Road) to approximately 1.0 km (0.6 mile) east of the Haywood-Buncombe County Line 2. T.I.P. Project Number (NCDOT Only) I-3100 3. Property Identification Number (Tax PIN): 4. Location County: Haywood-Buncombe County Nearest Town: Canton Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): I-40 to Exit 37, SR 1200 (Wiggins Road) to Ashebrook Estates. Site is located in cove to the left of entrance ate (See attached map). 5. Site coordinates, if available (UTM or Lat/Long): 035 32'27.4" N, 082 45'58.6" 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: Woodland bisected by an unnamed tributary to Hominy Creek located on existing NCDOT Right-of-Way 7. Property size (acres): Approximately 1.5 Acres 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Hominy Creek 9. River Basin: French Broad (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/.) Page 4 of 12 10. Describe the purpose of the proposed work: Pipe and fill (16 cubic yards) 145 linear feet of an unnamed tributary to Hominy Creek to provide a waste area for the disposal of excess material generated by the construction of a truck climbing lane along I-40 near the interchange (Exit 37) of I-40 and SR 1200 (Wiggins Road) - 11. List the type of equipment to be used to construct the project: Excavators, Bulldozers, and Dump Trucks 12. Describe the land use in the vicinity of this project: Woodland, idle NCDOT right-of -way 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: None 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. Page 5 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 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:/hvww.fema.gov. *** 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: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) Site 1, Sta 59+25 Culvert and Fill 145.0 UT to Hominy Creek 3.0 Perennial LIST each impact separately and Identity temporary impacts. Impacts include, but arc 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.usgs.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: 145.0 linear feet Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) (if Name applicable) Watee) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify 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): F? 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. It is generally not NCDOT policy to pipe streams to create waste disposal sites; however, due to the excessive amount of waste material generated by this project (200,000 + cubic yards), the lack of suitable waste disposal sites in close proximity to the project, and the fact that the proposed waste area is located within "existing" NCDOT right-of-way, NCDOT feels this request is justified. Utilization of the proposed waste site will also ease safety concerns associated with the use of 1-40 (trucks entering and exiting traffic) to transport waste materials to offsite disposal areas. Appropriate erosion control and BMP's will be utilized during construction to minimize impacts to downstream aquatic resources. Page 7 of 12 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 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:/ih2o.enr.state.nc.us/ncwetlands/stnngide.htm1. 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 Page 8 of 12 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/wrp/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 ® No El 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 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 EJ 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 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes F-1 No E] If you answered "yes", provide the following information: Page 9 of 12 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 t cxtcnas out su tcct perpenaicuiar from ncar oanK of cnannei; Gone L extcnas an additional 20 fect 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 213.0242 or.0260. XL Stormwater (DWQ Only) 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. 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. XIIL Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No FI Is this an after-the-fact permit application? Yes ? No El Page 10 of 12 YIV. 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). It is NCDOT policy that all proposed borrow and waste sites be surveyed for wetlands and threatened and endangered (T&E) species. Fish and Wildlife Associates, Inc. was retained by Taylor & Murphy Construction Company, Inc. (NCDOT contractor for I-3100) to conduct these studies. The field surveys were conducted by Ms. Pamela Boaze on May 8, 2001. The environmental evaluation was submitted to NCDOT by Taylor & Murphy Construction, Inc. along with their reclamation plan for the proposed waste site on May 15, 2001. No wetlands or any ME species and/or habitats were found on the project site. z? ,S-19/ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N" US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CANIA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 TYP E 1311 SILT 1SIt-I 201 X301 X3, CAPACITY: 1600 cF k OF 2. cl) W . W W w vi CD N co h N 'l - 1 W Z tU -- _ 1-40 wa 7P BST Tl-- 4--- --- _____ 1-90 EBL 72 85T -T? -_---- 15 8sr . ? 1 -L- TS Sta. 58+43.278 1 IS - ST Stu, 58+39.244 1 C. (l0 1 TAYLOR & MUM NYCONs-r. CO., INC. HAYWC)OP / Bt1NCOM13E - 6.1943GOl VATE:05/1'7/01 SCALY : METRIC ; ?g;? „ 11 Ai"' t MAP LEG•EK17 51L? DITCH' F 180o mm CS.P m SILT OASIN i O ' i i i fI ? i SEPTIC TANK 4 4 j f3 i Q? 0 _..-------- ? FILL AKEA LIMITS - A Tz o / 0 Ln SILT D ITCH ax. 1.5 Ac. plQ'K FALSE SUMP SEE DETAIL "B" 375 41 2GI J E .#I F kGHEBROCK ESTATES, I14C. S PO 012 ((['' DB 389 PO 834 ti - OA ' o o 0 Q F \ ? \ + ?'?eoq t ` 43 11 V \ COLLAR A71D EXTEND . j 1800n CS n P TYPE B EXTEND 1y5' L ' 11 1 <II 1 i w 1 1 - I ?1 .3? 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