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HomeMy WebLinkAbout20011602 Ver 1_Complete File_20011102O?O? WA T?RQG co o -c Michael F. Easley, Governor William G. Ross Jr., Secretary - North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality November 8, 2001 McDowell County DWQ Project No. 011602 SR 1282 (Bartlett Hollow Road) 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 zpproval, in accordance with the attached cons and hose listed below, to impact 30 linear feet of Clarks Branch in order to upgrade SR 1M (Bartlett Ebllow Road) in McDowell County. The project should be constructed in accordance awl your application dated October 30, 2001 (received November 2- 2001). After reviewing your apQTkation, we have decided that this fill is covered by Gemeial Water Quality Certification No. 3289 bonding 1o the U? S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you slMd acquire any other federal, state or local permits before you proceed with your project inclumg (but not limited to) Sediment and Erosion Control., Non-DisL:harge and Water Supply Watershad regulatio. This approval will expire with the accau5panying 404 permit unless otherwise specified. In the Wa= Quality Certification. This approval is only valid for the purpose and desima that yam described im your application except as modified below_ If you cbange your project. you notify a? in write and send us a new application. If the prope-av is sold, the new owner innst be l a copy ofihis Certification and approval letter a<nd is d e eby responsible for complying with a conditions. If total wetland fills for this project (now or in the future) exceed one acre or stream impacts exec 150 lines feet, compensatory >nfitigation may be required as described in 15A24C'AC 2H A506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed im the attacbzd certdxation and any additional conffrtions listed below. - -1. - Terrq)orary or permanent hefl=eous vegetation shall be on A bare soil wirhin 15 days _ of grovndbing acuities to provide long term erosion dol. 2. All culverts rNuired for this project shall be inmtalled in smch a main that the original stream profiles are mot altered (i.e. the depth of the efi mnel ms- mat be raced by a widening of the streambe4 Existing stream dimensions are to be. above maiinuffiied and below. locations of culvert ems. Culverts shall be installed one foot belvR%the slftam to allow for fish and other wiikW a movement- 3. All work skull be performed during loan flow coadiitions 4. The presen= of equiptnent in the channels must be mid. Una so circumstances must rock, sand rar other materials be dredged from the wetted dam chaff under authorization of this permit, wept in the immediate vicinity of dr- culvert. - 5. Existing mated buffers shall not be mowed in order to tu?Ze it f&ssorm water sheet flow. Worth CaRAr s Division of Water Qluality, 409 Wetlands Catfifcation [Half!', 1550 Mall Sxric'.e Center, Raleigh NC 27866 16'50 (I+feTiirgAdrress} 2321 Cfa Blvd., Rafegh, NG 27604-222M %Dc agml) 2119-733-17SP, G)honel. 919-733-6893 (fax), hWJm2o arnx.*We-musr ndsi 6. Use of rip-rap for bank stabilization is to be minimized; 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. 7. 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 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 919.733.5715 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. . Attachment Sincerely, I. FILE COPY s.w SU7? o ?n ISSUED STATE OF NORTH CAROLINA 011602 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY PO BOX 3279, ASHEVILLE, NC 28802 October 30, 2001 Mr. Steve Lund US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit #14 SR 1282, Bartlett Hollow Road McDowell County, NC Dear Mr. Lund: I have enclosed a straight-line diagram with erosion control plan, a PCN application for NWP #14, and a vicinity map relative to the proposed pipe extension on SR 1282, Bartlett Hollow Road, McDowell County, NC. Bartlett Hollow Road is currently a 14-16 feet wide gravel road. Division of Highways plans to pave the road 18 feet wide and increase the typical section. Grading will be light. We propose to extend one existing culvert on Clarks Branch at station 29+50. Existing channel morphology will be maintained upstream and downstream of the culvert. The culvert will be placed below existing streambed elevation. Riparian vegetation will be reestablished along disturbed areas associated with the culvert extensions. No significant effect on federally listed species (threatened or endangered) or their critical habitats is anticipated. 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. PAyM,EAT REcEIV D Mr. Steve Lund Page -2 SR 1282, McDowell County October 30, 2001 By copy of this letter, we are asking Mr. Ed Ingle, Area Roadside Environmental Engineer, to comment on the above project. Temporary encroachment into the buffer zone will be not required for the project. The stream is not classified as trout. 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, 10b ?.? Ro r D. BryaW Division 13 Environmental Officer Enclosures cc: F. D. Martin, P.E. G. R. Spangler L. R. Watkins, P.E. Ed Ingle Owen Anderson Cynthia Van der Wiele Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 01 16 0 2 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 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 i 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: SR 1282 Bartlett Hollow Road 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: McDowell Nearest Town: Old Fort Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): SR 1282 is located approximately 3 miles south of Old Fort off of SR 1106 ( Little Crooked Creek Road). 5. Site coordinates, if available (UTM or Lat/Long): 35`35'21" N 82`'11'42" 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 secondary road 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Clarks Branch 9. River Basin: Catawba (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/aclniin/mUs/.) Page 2 of 8 10. Describe the purpose of the proposed work: We propose to grade, drain, base, pave and install erosion control measures for SR 1282(Bartlett Hollow Road). We propose to extend one existing culvert on Clarks Branch. Total culvert extension will be 30 linear feet. The culvert will be installed to insure aquatic life passage within the stream 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 pasture. 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 httr.)://www.fet-na.?lov. *** 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. 29+50 Culvert 30 Clarks Branch 3 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.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mal2 uest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 30 feet. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water impact Type of Impact* Area of Name of Waterbod Type of Waterbod Page 4 of 8 Site Number Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean, etc. N/A * List each impact separately and identify 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 secondary road must be improved to meet current safety standards for a paved road The culvert extension requested is the minimum necessary to establish an appropriate typical section for the roadway that will be stable and prevent future erosion. Riparian vegetation will be established on disturbed areas associated with the project construction. 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. Page 5 of 8 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/stnn.izide.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.u5:`M/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) Page 6 of 8 Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X 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 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 213 .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. Page 7 of 8 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. The existing compacted gavel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gavel surface treatment. The roadway surface will be 40% of right of way surface area. Stormwater will diverted through settling basins or grass lined buffers prior to entering the streams. 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 d, /3d/?' AppUant/Agent's Fgnature Nate (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 8 of 8 Ca offs 111 2 no •Cem . ? - _ cP IIto b } \0 tom. zooo . Gap 1564 x -- c? 8 X165 - -7 S. PROJECT AREA (. / ` _ D \ 7522 1452 ee, kiM Ch Springs e _ •?ch 1470 1485 Pine Cove Chem U ;? \ - ? / • '? _.. 1543 1 C /q Cem / Ott/e el Ch 1482 '\ I 1 - ... _ 5 IlC6 n - - ) . 178 irco ?2 so 7502 00 0' G L Vicinity Map: SR 1282, Bartlett Hollow Road, McDowell County, NC (Moffitt Hill Quadrangle, Scale 1:24000). SHEET 1 OF 15 COUNTY: Mc Dowell TOWNSHIP: Crooked Creek PROJECT: SR. 1282, Bartlett Hollow Rd. LENGTH: 3,112 feet, 0.59 miles WORK TYPE: grade, drain, base, pave, erosion control RURAL PRIORITY M 27 LOCATION: From SR. 1106, thence for 0.59 miles SUBD/RESID. PRIORITY M R/W WORK ORDER NO: CONSTRUCTION W. O. NO. DATE: 6/15/01 SCALE: V=50' DRAWN BY: K.E.P. 1. Assigned right of way agent needs to verify all property owners. Property owners shown on the straight line diagram are taken from tax maps only. 2. Fences to be moved off the right of way and reset off right of way by the Department of Transportation crews. Any new materials, posts, wire, etc.. to be supplied by the property owner. 3. Existing asphalt or concrete drives to be tied in with asphalt if the existing driveway is within 20 feet of proposed centerline. See any exceptions on straight line diagram. 4. Driveway pipes to be furnished and installed as needed by Department of Transportation crews in existing driveways. 5. Existing water lines, sewer lines, drain lines, etc., under road project to be adjusted by Department of Transportation as needed during construction. Property owners to supply all materials and release Department of Transportation from any liability. 6. Underground utility lines to be located by owner. Lines to be adjusted by owner as needed, otherwise retain. 7. Note proposed right of way markers shown on straight line diagram. 8. Please inform property owners that cuts and fills could exceed proposed right of way. 9. The erosion plan should be used for erosion control purposes only. ?- 1 ,qc DOWcLL COl!/t/rY ,5.e /262 BlgerLETrMOLLOW ,eD SHEET /5 of /5 -so Oj 3o cr Q/??fD,t/?1 f CI C.I 3 0 t exrsr. I GR. i Tia 1 N 'CIA END Pleayre r (yrfA• .3/ ?/Z &AID "1,5 rllVq 30',e1X1'1-7 f R r, EXIST. /j'x 12 "RCP so,- 30 END r/fig e7,- - O,vsr.PUCr 7;4 P//,/ c,elSr..el,v 3o ",049 SEG/v r/A Pr i ? ? 7S 3o'2r. EX/ST 30, _ PP/X/ MONA(r r. W'>c 24"e, 6P /O' SO/L F z.a ,r L / N SR. 1282, Bartlett Hollow Road.: begin project at survey station 0+00 the centerline of SR. 1106, thence in a northwesterly direction for a O distance of 3,112 feet, 0.59 miles, to the end of project at survey. station 31+12. - 0. V Cx CREEK GAP .- 41 MCDOWELL COUNTY r? S In38 / 1111 j / ?'.Y/I c BA(.PUREE GAP BIG LN/REL •-In33 - - i b NrN. • • \ ,'" y?.! w. Sunny Vale so -L ? BIG CRAGGY •, / ? ? 2 y Ic36 ^ ,? . Let. ? Mm.. e?J? ?\? woe / /' /• c3c ?? -'fV 1 ? ? ? / • \ ? / ` \ 1 159) ?.. G 5% - H/GH PINNAC'1 ! DEEP GAP C) \ - c '.? MT. MITC? EL4 WILDLIFE I GLASS B xMANAGEMENT AREA / GREYBEARD .t/7•M. .?pY.K` ? t• .\\•, \ \ ease \ Go ens\ 1!•?0' ? \. ? 4671 172] / . /* \, Ca C \-- 1 0 Greenlee ? Imy \ I1 U ` III) `y l ?1 , . Ord _ '! •' 110) 1 . / 161 I \ \ / ? sai. / 1407 SNANNANOA _•_,+p I t/' 1.? '? -~ I_.I? ?i i?? GAP •1 )0 \" 1320,.0 ! a^ 1 J ``• \ \4• Providence \\ 'Z74 CAT WBA . ? , EVANS KNOB moft \ \ Hill ? 1 \ '282 106 -_ • I'27 1133 1,28 71b, i Ire. 2c O ?.? 110] _29 ; 30 1_33 . SugOr . 1100 C6 0a .•1103 ?. "23 Hill •? ; a_ 1_C5- j 123 , 1? 1 '23 0 Jai' cc. 38 CROSS urv. ww? \ szc -Y?•? / 132 a J. CU''-HUAN RIOGE %A, j ' \ `•? -( ? -rte ? ? ''- x Tie x ` 2 - /_ ?- R U T H E R F O R D a i l N p ...`Aya 011602 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR PO BOX 3279, ASHEVILLE, NC 28802 October 30, 2001 SECRETARY Mr. Steve Lund US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit #14 SR 1282, Bartlett Hollow Road McDowell County, NC Dear Mr. Lund: I have enclosed a straight-line diagram with erosion control plan, a PCN application for NWP #14, and a vicinity map relative to the proposed pipe extension on SR 1282, Bartlett Hollow Road, McDowell County, NC. Bartlett Hollow Road is currently a 14-16 feet wide gravel road. Division of Highways plans to pave the road 18 feet wide and increase the typical section. Grading will be light. We propose to extend one existing culvert on Clarks Branch at station 29+50. Existing channel morphology will be maintained upstream and downstream of the culvert. The culvert will be placed below existing streambed elevation. Riparian vegetation will be reestablished along disturbed areas associated with the culvert extensions. No significant effect on federally listed species (threatened or endangered) or their critical habitats is anticipated. 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. P,q D 1 Mr. Steve Lund Page -2 SR 1282, McDowell County October 30, 2001 By copy of this letter, we are asking Mr. Ed Ingle, Area Roadside Environmental Engineer, to comment on the above project. Temporary encroachment into the buffer zone will be not required for the project. The stream is not classified as trout. 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, 12 Ro r D. BryatV Division 13 Environmental Officer Enclosures cc: F. D. Martin, P.E. G. R. Spangler L. R. Watkins, P.E. Ed Ingle Owen Anderson Cynthia Van der Wiele Office Use Only: Form Version April 2001 0116®2 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. 1. Processing 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: rdbr an ?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 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: SR 1282 Bartlett Hollow Road 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: McDowell Nearest Town: Old Fort Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): SR 1282 is located approximately 3 miles south of Old Fort off of SR 1106 ( Little Crooked Creek Road). 5. Site coordinates, if available (UTM or Lat/Long): 35`35'21" N 82`'11'42" 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 secondary road 7. Property size (acres 8. Nearest body of water (stream/river/sound/ocean/lake): Clarks Branch 9. River Basin: Catawba (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/mqps .) Page 2 of 8 10. Describe the purpose of the proposed work: We propose to grade, drain, base, pave and install erosion control measures for SR 1282(Bartlett Hollow Road). We propose to extend one existing culvert on Clarks Branch. Total culvert extension will be 30 linear feet. The culvert will be installed to insure aquatic life passage within the stream 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 pasture. 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, till, 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:Hwww.fema.%)V. *** 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? (please seci ) Sta. 29+50 Culvert 30 Clarks Branch 3 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.uses.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.malquest.corn, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 30 feet. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact T e of Impact* Area of Name of Waterbod Type of Waterbod Page 4 of 8 Site Number Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma (acres) bay, ocean, etc. N/A * List each impact separately and identify 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 secondary road must be improved to meet current safety standards for a paved road The culvert extension requested is the minimum necessary to establish an appropriate typical section for the roadway that will be stable and prevent future erosion. Riparian vegetation will be established on disturbed areas associated with the project construction. 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. Page 5 of 8 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 htt_p://h2o.enr.state.ne.us/ncwetlands/strmgide.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 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 littp:/,"h-'o.cnr.state.ne.us/wM/in(dlex.hntni. 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) Page 6 of 8 Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X 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 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; Gone I extenas 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. Page 7 of 8 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. The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with Gravel surface treatment. The roadway surface will be 40% of right of way surface area. Stormwater will diverted through settling basins or grass lined buffers prior to entering the streams. 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. N/A 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 4"/.3d /111 Appkyant/Agent's %gnature / /Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 8 of 8 1 \ I eo0 - \ - - - 1 it ca offi ill ?. 2 X nb ?{).. •Cem ? •Cem' I1I0 L the Dee / 000 Gap --- - -- ." _ - - ??- " as - - ?0 \ 0- I564 -x - - _ - _ " ..- X1658 - i' - U? C PROJECAREA 1622 7452 CII 00 17. ?' - /• Springs i - `Cem 1470 / S485 ?Qi -'?? 00S Pine Cove em J ? Cem ? / ?-- ? - ' C/tree •;:e-i. ?? ? `? el Ch 285 - 1482? I1C6 /1 - - ?f . 1785 % 0,3 1502 Ode -1600 Vicinity Map: SR 1282, Bartlett Hollow Road, McDowell County, NC (Moffitt Hill Quadrangle, Scale 1:24000). SHEET 1 OF 15 COUNTY: Mc Dowell TOWNSHIP: Crooked Creek PROJECT: SR. 1282, Bartlett Hollow Rd. LENGTH: 3,112 feet, 0.59 miles WORK TYPE: grade, drain, base, pave, erosion control RURAL PRIORITY M 27 LOCATION: From SR. 1106, thence for 0.59 miles SUBD/RESID. PRIORITY M R/W WORK ORDER NO: CONSTRUCTION W. 0. NO. DATE: 6/15/01 SCALE: 1"=50' DRAWN BY: K.E.P. NOTES AND PROVISIONS PERTAINING TO STRAIGHT LINE DIAGRAM 1. Assigned right of way agent needs to verify all property owners. Property owners shown on the straight line diagram are taken from tax maps only. 2. Fences to be moved off the right of way and reset off right of way by the Department of Transportation crews. Any new materials, posts, wire, etc.. to be supplied by the property owner. 3. Existing asphalt or concrete drives to be tied in with asphalt if the existing driveway is within 20 feet of proposed centerline. See any exceptions on straight line diagram. 4. Driveway pipes to be furnished and installed as needed by Department of Transportation crews in existing driveways. 5. Existing water lines, sewer lines, drain lines, etc., under road project to be adjusted by Department of Transportation as needed during construction. Property owners to supply all materials and release Department of Transportation from any liability. 6. Underground utility lines to be located by owner. Lines to be adjusted by owner as needed, otherwise retain. 7. Note proposed right of way markers shown on straight line diagram. 8. Please inform property owners that cuts and fills could exceed proposed right of way. 9. The erosion plan should be used for erosion control purposes only. 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Thorpe, Ph.D. Acting Director Division of Water Quality z?Y 7 .J? r s DWQ Project No.: _0 (1 lo (?a County: Applicant: C M-r Project Name: 59_ )a4a A?erl-1?++ lidl!m?Lacrsl `?! ` Date of Issuance of 401 Water Quality Certification: OV, 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 Cfprtificgtion 1,1 , 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: Agent's Certification I, , 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 . Z ZZ, Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit_ (919) 733-1786 Fax: (919) 733-6893 D P Pd o N m O Z N ? ttl N O z \ C W O O n \ C?J N z O y O ? N 1 N t O ? O o a O C ?- O y Z Z O O l0 O O ' -I ?m H O y W N O O \ O O N ? O 00 y 0 z n v m q T F4 2 5 z o ?t' O m - -n 0 63 -4 A O?m z 100 n 0 z