HomeMy WebLinkAbout20060763 Ver 1_Complete File_20060508Staff Report
Project Num: 20060763
Name: NCDOT- SR 1752
County: Jackson
Location: Negroskull Creek Cullowhee
Latitude: +35°15'47"
SW Plan Location:
Owner: NC DOT Division 14 - Bryson City
Contact Person: Tippett, Lyndo
Inspection Date: 05/09/2006
Reason for Inspection: Routine
On-Site Representative(s):
Primary Inspector: Michael R Parker
Secondary Inspector(s):
Phone: 828-296-4500
Question Areas-
0 Site Visit
Inspection Summary:
DOT is requesting a 401 Certification to install 30 linear feet of culvert in Negroskull Creek at an existing ford in the roadway. It is
recommended that WQ Certification Nos. 3404 and 3366 be issued.
The 401 Certification was issued on May 12, 2006.
Version: 1 Status: Issued
Project Type: Pipe replacement
Region: Asheville
Longitude: -83°04'30"
Title:
Phone:
Entry Time: 12:30 PM Exit Time: 12:55 PM
Inspection Type: Staff Report
Page: 1
Project Num: 20060763 Owner: NC DOT Division 14 - Bryson City
Inspection Date: 05/09/2006 Inspection Type: Staff Report Reason for Visit: Routine
Site Visit Yes No NA NE
Do impacts described in the application differ those seen in the field? ? 0 ? ?
If yes, please describe differences:
Are the Intermittent/Perennial calls different in the application? ? 0 ? ?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application? ? 0 ? ?
If yes, please describe and quantify:
Were the impacts in place prior to the application for the 401 Certification? ? M ? ?
Additional conditions recommended for the Certification:
Recommended project modifications:
Is this a modification request to an existing Certification? ? ¦ ? ?
Are there additional stromwater conditions that should be required due to the following classifications: ? 0 ? ?
# 303(d)list, Class WS, NSW, ORW, HQW
Describe:
Is this a subdivision or otherwise part of a larger project? ? ? ¦ ?
# If yes, what phase is this?
Are there prior impacts from prior phases? ? ? ¦ ?
If yes, what are the cumulative imacts for this project?
Possible secondary impacts noted:
Comment:
Page: 2
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STATE of NORTH CAROLINA
_-LA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 2, 2006
Mr. Steve Lund, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY
Subject: Nationwide 14 Permit Application
SR 1752 - Cedar Valley Farm Rd.
Jackson County
State Project No. 14C.050058 (DWQ Minor Permit Fee 5200)
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) is proposing to install a culvert in a
ford on SR 1752, Cedar Valley Farm Road, in Jackson County. The proposed improvements of
SR 1752 have been identified as necessary for maintenance and safety. Funds have been
allocated for this project and NCDOT would like to perform these activities sometime during the
2005-06 paving season.
I am sending cross sections, drawings for pipe culvert replacement, a marked county map and
USGS quad map. We propose to install the new culvert slightly below the existing streambed
elevations where bedrock is not encountered to minimize 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 threatened and
endangered species. There are no records listed for Negroskull Creek. Negroskull Creek flows
into Cedar Cliff Lake approximately 0.6 miles downstream of the project. There are no records
listed for Cedar Cliff Lake. The impacts from the installation of this culvert will be relatively
minimal. For these reasons, there will be "no effect" on threatened or 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 are not
functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
Negroskull Creek is shown on the USGS topographic map and has perennial flow. The channel
is composed of cobble, gravel and sand. The channel lacks vegetation. For these reasons, we
believe that 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 secondary road standards, it will be
necessary to impact waters of the United States in the Little Tennessee River Basin.
Specifically, NCDOT is requesting to install one metal culvert in Negroskull Creek (DWQ Class
WS III, Tr). Listed below is a summary of the proposed impacts.
Site No. Existinb Proposed Condition Net Impacts
Station Condition
Site 1 Open Channel 30' x 66" X 51" Arch CMP 30'
r _t
30 imear ices wLai
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 Carolina Wildlife Resources Commission
(NCWRC), to comment directly to you concerning the 404 Nationwide Permit request.
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) 488-2131.
Your early review and consideration will be greatly appreciated.
in
e y,
Sin e
Jonathan L. Woodard, P.E.
District Engineer
cc: Mr. John Hennessy, DWQ, DENR (7 Copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. J. B. Setzer, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Ms. Wanda Roach, P.E., County Maintenance Engineer
Office Use Only' Form Vcrsion May 2002
USACE Action ID No. DWQ No. 2 0 0 (3 0 7 Q 2
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check her
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN),
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
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
Brvson City NC 28713
Attn • J L Woodard PE District Engineer
Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518
E-mail Address: iwood ardpdot state nc us
2. Agent/Consultant 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 Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A Fax Number: N/
E-mail Address: N/A
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 1 l 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: Install culvert in existing ford on SR 1752 in Jackson County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.050058
3. Property Identification Number (Tax PIN): n/
4. Location
County: Jackson Nearest Town: Cullowhee
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Cullowhee take NC 107
towards Cashiers. Turn left on NC 281. Follow NC 281 to SR 1752. Turn left on SR 1752
and go approximately 0.96 miles. This is the project.
5. Site coordinates, if available (UTM or Lat/Long): N 35.263° W 83.075°
6. (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.)
7. Property size (acres): 0.04 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Negroskull Creek WS III Tr
9. 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/adinin/naps/.)
10. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page 2 of 8
11. Describe the overall project in detail, including the type of equipment to be used:
This proiect will include the installation of a culvert in an existing ford. Equipment to be
used will be Track Hoes Back Hoes Dump Trucks Bulldozers Manual Labor, etc.
12. Explain the purpose of the proposed work:-
To install a culvert in an existine, ford to maintain the into my of the road.
IV. Prior Project History
If jurisdictional detenninations 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 pennits,
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.
No additional permits have been applied for in the past.
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.
No additional permits are anticipated
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 (intennittent 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. Provide a written description of the proposed impacts: Culvert Installation
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of wetland***
N/A
* List each impact separately and identify temporary impacts. Impacts maude, out are not nmiicu to: mccnaruacu dcaru,g, gm-6,
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 ham://www.fema.y
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
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 secif
Site 1 Culvert Installation 30 Negroskull Creek 5' Perennial
_? , ..,, ., r..A
* List each impact separately and identify temporary impacts. impacts include, out are not u,n,tcu to. CU VC-L3 u„? "aO? Iw. ••r ?r••
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.eov. Several intcmet sites also allow direct download and printing of USGS maps (e.g., W%%W.topozone.com,
www.ma2quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 48
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA
Page 4 of 8
:,. ,._L : ..,•..1.. „,J t-n- imnnrtc Impacts include- but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
Impacts cannot be avoided The culvert must be installed in order to maintain the roadway in
a safe condition The culvert will be placed below the existing stream bed gradient so natural
substrate can be re-established.
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
Page 5 of 8
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
ide.html.
http://h2o.enr.state.nc.us/ncwetlands/stn-nP
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): 30
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
Page 6 of 8
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
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 (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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® 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 I 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.
N/A
Page 7 of 8
XI. Stormwater (required by DWQ)
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.
N/A
XII. 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 generated from the proposed protect
XIII. Violations (required by DWQ)
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 ? No
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).
N/A
zj,t;
Applicant/Agent's Stnature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
SITE
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BRANCH SIZE
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PROP.
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NO EXIST. PIPE
30' X 66' X 51'
70'
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VICINITY MAP
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