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HomeMy WebLinkAbout20070549 Ver 1_Application_200703303 ~ r .,,~ 3`.. +~~-' ~~(y~/"'~: s" . „~ h s.,~=1,. ~'{. ~Cy STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY CiOVERIVOR LYNDO TIPPETT SECRETARY March 20, 2007 Mr. David Baker, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 - - - - Asheville, NC 28801-2714 O ~' Subject: General Regional Permit 31 Bridge Number 183 over Johns Creek, SR 1747 In Jackson County W r3 s ~ ~ !.~ ~ . ~ 6 5 ~ 1 / Dear Mr. Baker, The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 183 on SR 1747, over Johns Creek (WS-III), in Jackson County. The existing bridge is a single span timber beam and timber abutment structure with an overall length of 2lfeet. It was determined that in the interest of public safety, that this bridge be replaced due to insufficient width and deterioration due to age. The proposed replacement will be a timber beam and abutment structure widened to 26' and retaining its original length. The mudsills will be removed and replaced with concrete footers. Construction will be phased to allow traffic to flow on half of the existvag bridge while the other half is built, then traffic will be moved onto the new half to complete construction. Sandbag cofferdams will be used to ensure a clean, dry area, and to rni_nimi7e impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. The North Carolina Natural Heritage Database was checked for records of federally threatened and endangered species. There are no records listed for Johns Creek watershed. Additionally, there are no records between the confluence of Johns Creek with Caney Fork and the confluence of Caney Fork with the Tuckasegee River. Johns Creek is considered cold water habitat and is not characteristic of habitat for freshwater mussels. The impacts from this project are related to Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Telephone(828)497-7953 Fag(828)497-6095 l C t , cofferdams; therefore, actual impacts to the stream will be very minimal. For these reasons, we believe there will be "no effect" on threatened and endangered species. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. If the planned devices aze not functioning as intended, they will be immediately replaced with better devices. Impacts to Waters of the United States Johns Creek is a perennial stream that is shown on the USGS topographic map. This stream has sufficient flow to support trout and other fish. The stream has swell-defined channel composed primarily of cobble and gravel. The channel lacks vegetation. For these reasons, we believe this stream is under the jurisdiction of the U. S. Army Corps of Engineers. In order to construct the project in accordance with our Current Bridge Maintenance standazds, it will be necessary to temporarily impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to replace Jackson County Bridge No.183. Listed below is a summary of the proposed impacts. Site No. Ezisting Condition Proposed Condition Net Impacts Station Site l: 10' wide free flowing Free flowing stream 40'Temp. Bridge 183 stream with 21' wide w/temporary coffer dams and s annin structure 26' wide s annin structure Total = 40' Temporary Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David McHenry, Mountain Region Coordinator, of the North Cazolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am requesting Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 497-7953. Your early review and consideration will be greatly appreciated. Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Telephone(828)497-7953 Faz(828)497-6095 r Sincerely, G~ ' - Chris Lee, EI Division 14 Bridge Maintenance Engineer cc: '~~. John Hennessy, DWQ, DENR Raleigh Mr. Mike Parker, DWQ, Asheville Regional Office Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Telephone(828j497-7953 Faa(828)497-6095 Y Office Use Only: Form Version March OS U5ACE Actign ID No. ~ DWQ No. lu auy pzuuc:war uem is not appucaoie to ttus project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: GP 31 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation c/o C D Lee Mailing Address: 178 Henry Bird Rd. Whittier NC 28789 Telephone Number: 828-497-7953 Fax Number: 828-497-6095 E-mail Address: cdleenu,dot.state.nc.us 2. AgentlConsultant 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: N/A Company Ai~iliation: N/A Mailing Address: N/A Telephone Number: N/A Fax Number: N/A E-mail Address: N/A f 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 inch.~ded. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridge Number 183 over Johns Creek on SR 1747 in Jackson County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIl~: 4. Location County: Jackson Nearest Town: Sylva Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From Sylva; Take Hwy 107 south 9.8 miles. Turn left on Cane~fork road (SR~737) and proceed 4 5 miles to Johns Creek Road 11747) Turn Right onto Johns Creek road and proceed 3 2 miles to site 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.2862°N 83.0650°W 6. Property size (acres): NIA 7. Name of nearest receiving body of water: Johns Creek (WS-IIll 8. River Basin: Little Tennessee (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Bridge #183 in Jackson County is a small sin lg_e _span timber bride that we are broposing to rebuild using existing and some new materials The mudsills will be replaced with concrete footers The general land use in the area is residential and farmland. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The bridge will be stage constructed to maintain traffic with each half being; removed and replaced with concrete footers and timber abutments Backhoe, boomtruck, powertools handtools etc. will be used 11. Explain the purpose of the proposed work: To u date the timber brid e b securin footers and re-floorin deck. 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 NCDQT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Provide a written description of the proposed impacts:_ There will be Temporary impacts on each end bent approximately 20 feet in length due to the replacement of the mud sills with concrete footers. Page 3 of 8 J ~ 2. Individually list wetland impacts. Types of 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 flnn~l;no Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100 year Floodplain es/no) Distance to Nearest Stream inear feet Area of Impact (acres) N/A N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acres a multi 1 len h X widt then divide b 43 560 Stream Impact Number indicate on ma Stream Name ~ Type of Impact Perennial or Intermittent? Average Sn.~ Width Before Im ct Impact Length 'ear feet Area of Impact acres 1 Johns Creek Temporary Perennial 10~ 40 .004 Total Stream Impact (by length and acreage) 0 0 Total Temporary Impact (by length and acreage) 40 .004 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in , floodin drains a bulkheads etc Open Water Impact Site Number indicate on ma Name of Waterbody ~ a h C PP 'cable) Type of Impact Type of Waterbody (lake, pond, estuary, soon ba ~ y, ocean, etc. Area of ~Pa~ acres) N/A Total Open Water Impact (acres) N/A Page 4 of 8 ~ s 6. List the cumulative impact t~ alt Wares of the t r c r~enl+iT,n ~-~.,., +t,o ..,~,.:..,.+. Stream Im act acres :Tem ora .004 Wetland Im act acres : N/A O en Water Im act acres : N/A Total Im act to Waters of the U. S. acres Tem ora .004 Total Stream Im act linear feet :Tem orary 40' 6. Isolated Waters Do any isolated waters exist on the property? ^ Yes (~ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 1T/ 7. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact JustiCcation (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. Silt fence will be used around the proiect to reduce run-off into the stream Anv ,potential impacts from offsite sedimentation from the project site will be avoided by the implementation of annronnate BMP's (attached Erosion Control Diagram) 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 a USACE - In .accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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 httn://h2o.enr state nc 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. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at httn:l/h2o.enr.state.nc us/wrp/index htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres}: 0 Amount of Coastal wetland mitigation requested (acres): 0 VIII. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federal/state) land? Yes ® No ^ Page 6 of 8 2. 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 IX. 3. 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 ^ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 ZB .0233 (Meuse), 1 SA NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )?Yes ^ No X. 2. If "yes", 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* I .impact 2 Total * Zone 1 extends out 30 feet perpendicular additiona120 feet from the edge of Zone 1. Multiplier 3 (2 for Catawba) 1.5 the top of the near bank of Required Zone 2 extends an 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from Page 7 of 8 the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The drainage area for the small creek is approximately 90-95% forest and woodlands Silt fences, check dams, and other ap licable erosion control devices will be used around the project to reduce any off-site, or in stream sedimentation. XI. Sewage Disposal (required by DWQ) 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. No wastewater will be venerated from the project XII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (Y5A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ N4 XIII. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated fixture impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This project involves the repair of an existing bridge The road is not being upgraded The impacts generated should be insignificant 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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