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HomeMy WebLinkAbout20060163 Ver 1_Complete File_20060224i OF W?R 1 ; O, v ;r ® •? N1' 1?fiar:, 0 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality S-r6WMwU,kftic February 24, 2006 A?Recy Mitchell County DWQ Project No. 060163 NCSR 1186 (Johnson Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. J. Swain, Jr., P.E. Division Engineer N C Department of Transportation Post Office Box 3279 Asheville, North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the attached conditions and those listed below, to impact 20 linear feet of two (2) unnamed tributaries to the North Toe River and replace the culverts, without extension, at Stations 2+50 and 7+60, both unnamed tributaries to the North Toe River (20 linear feet of new pipe, replace pipe at two (2) stream crossings and temporary stream dewatering), in order to make improvements to NCSR 1186 (Johnson Road) in Mitchell County. The project should be constructed in accordance with your application dated January 30, 2006 (received February 2, 2006), including the environmental comments made in the application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you must acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211 .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. No One hCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service Intemet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. J. Swain, Jr., P.E. February 24, 2006 Page Two d. Any reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Quality has released the project. 4. Sediment and erosion control measures for sensitive watersheds [15A NCAC 04B .0124 (a)-(e)] must be used prior to construction and maintained until any disturbed soils are permanently stabilized. Temporary or permanent herbaceous vegetation. should be planted on all bare soil within fifteen (15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and.riparian areas. Matting should be secured in place with staples, stakes or wherever possible, live stakes of native trees. Tall fescue should not be used in riparian areas. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re=installed correctly, unless demonstrated that this is topographically unfeasible. 6. Rock-check dams at culvert outlets should be removed at the project completion to. avoid impeding the movement. of aquatic life. 7. The. dimension, pattern and profile of the stream, above and below the culverts, should not be modified by widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 8. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow. 9. Removal of vegetation at the stream crossings and adjacent to streams should be minimized. Native trees and shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the road crossing and along the streams within dedicated rights of way, if possible. 10. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and vegetation should be used for stabilization above the high water elevation. Riprap should not be place in stream channels in such a manner that it impedes aquatic life passage. 11. Heavy equipment should be operated from the bank rather than in the stream channels in order to minimize sedimentation and to reduce the likelihood of introducing other pollutants into the stream. This equipment should be inspected daily and maintained to prevent contamination of stream waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 12. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams, flexible pipe or other diversion structures should be used to minimize' excavation in flowing water. 13. If concrete is used during culvert construction (e.g., headwalls), a dry work area should be. maintained ,to, prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. In-stream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners. Mr. J. J. Swain, Jr., P.E. February 24, 2006 Page Three 16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the culvert extensions. 17. All work shall be performed during low flow conditions (below bankfull). 18. 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 Transportation Permitting Unit of the NC Division of Water Quality upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Alan W. Klimek, P.E., Director Division of Water Quality Attachment cc: Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Steve Lund, USACE Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office MSTNEo? yd r'"a• t. STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION %VC6 MICHAEL F. EASLEY GOVERNOR FFR ff 2 IL?° LYNDO TIPPETT SECRETARY PO BOX 3279, ASHEVILLE, NC 28802 January 30, 2006 Mr. Steve Lund US Army Corps of Engineers 060163 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permits #14 & # 33 SR 1186, Johnson Road State Project No. 13C.061021 (DWQ Minor Permit Fee $200) Mitchell County, NC Dear Mr. Lund: I have enclosed a straight-line diagram with erosion control plan, a PCN application for NWP #14 & #33, and a vicinity map relative to the proposed project on SR 1186, Johnston Road, Mitchell County, NC.' Johnson Road is currently a 12 - 14 foot wide gravel road. Division of Highways plans to pave a majority of the road at the existing width; however, the typical section will be increased where possible to improve road safety. Grading will be light. We propose to extend two (2) pipe culverts on Unnamed Tributaries (UTs) to the North Toe River. Total culvert extensions will be 20 linear feet. The UT of the North Toe River at Site 1 is an approximately 2-3 foot wide creek with some evidence of riffle/pool habitats, and cobblestone substrate. The UT of North Toe River at Site 2 is an approximately 1 foot wide feature with some evidence of riffle/pool habitats and cobblestone substrate. Both of the UTs at Site 1 and Site 2 cross beneath the adjacent railroad tracks prior to crossing beneath Johnson Road. We additionally propose to replace two pipes at existing tributary crossings. No stream relocation will be performed for the project. Existing channel morphology will be maintained upstream and downstream of the culverts. The culverts will be placed below existing streambed elevation. Riparian vegetation will be reestablished along disturbed areas associated with the culvert extensions. Stormwater will be diverted through grass-lined ditches or vegetated buffers prior to entering streams. s Mr. Steve Lund Page -2 SR 1186, Mitchell County January 30, 2006 NCDOT requests by copy of this letter that US Fish and Wildlife Services evaluate the project and we request concurrence on May Affect/ Not likely to Adversely Affect for the Appalachian elktoe (Alasmidonta raveneliana). The culvert replacements are located adjacent to the North Toe River, a known location for the Appalachian elktoe (Alasmidonta raveneliana). The proposed project contains minimal in stream work consisting of replacing two culverts on Unnamed Tributaries of the North Toe River and replacing two existing culverts on Unnamed Tributaries of the North Toe River. High Quality Water erosion control measures will be implemented to limit potential sedimentation from the project. As a part of the 401 Certification process, a copy of the application will be forwarded to the NC State Historic Preservation Office as required by Section 106 of the National Historic Preservation Act of 1966 and GS 121-12(a). By copy of this letter, we request David McHenry, North Carolina Wildlife Resources Commission Coordinator, to comment directly to the Corps concerning the permit request. By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to comment on the above project. Temporary encroachment into the buffer zone of the North Toe River (Station 0+00 - Station 19+00) will be required for the entire project. The UTs are classified as trout. A buffer variance will be required. By copy of this letter, I am forwarding seven (7) copies of the application package to Brian Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please charge the application-processing fee of $200.00 to WBS element # 13C.061021. 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) 251-6171. Sincerely, Ro D. Bryan g Division 13 Environmental Officer Enclosures cc: J.J. Swain, Jr., P.E. D.R. McNeal, P.E. Ed Ingle David McHenry Brian Wrenn Mike Parker Office Use Only: Form Version March 05 • 20060163 USACE Action ID No. DWQ No. (If any 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 ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, NWP 33 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: J.J. Swain, Jr., P.E., Division Engineer Mailing Address: NC Department of Transportation P.O. Box 3279 Asheville, NC 28802 Telephone Number: 828-251-6171 Fax Number: 828-251-6394 E-mail Address: rdbryan(a)dot.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.) N/A Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 9 ..ti 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 1186, Johnson Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): 13C.061021 3. Property Identification Number (Tax PIN): N/A 4. Location County: Mitchell Nearest Town: Toecane Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From the town of Bakersville go west on NC 226. Next, go south (left) on SR 1187 Toecane Road. Continue south until you reach SR 1186 Johnson Road. 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): Site 1: 36° 00' 4.94" N 82° 11' 34.82" W Site 2: 35° 59' 59.47" N 82° 11' 35.43" W 6. Property size (acres): 1.5-Acres 7. Name of nearest receiving body of water: North Toe River (Class C-Tr) 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:%/h2o.enr.state.ne.us/admin/mMs/.) Page 2 of 9 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is an existing gravel road. Surrounding properties are residential land and the adjacent railroad. 10. Describe the overall project in detail, including the type of equipment to be used: Division of Highways plans to pave a majority of the road at the existing width; however, we propose to grade, drain, base, pave areas where it is possible to improve safety. We will install erosion control measures for the entire project on SR 1186-Johnson Road. The equipment to be utilized includes an excavator, backhoe and trucks. 11. Explain the purpose of the proposed work: Division of Highways plans to pave a majority of the road at the existing width; however, we propose to grade, drain, base, and pave areas where it is possible to improve safety. We will install erosion control measures for the entire project on SR 1186-Johnson Road. We propose to extend two (2 existing culverts on UTs of North Toe River. Total culvert extensions will be 20 linear feet. We additionally propose to replace two (2) existing pipes at stream crossings. The culverts will be installed to insure aquatic life passage within the streams. 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 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, 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. 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 Page 3 of 9 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: We propose to extend two (2) existing nine culverts on UTs of North Toe River. Total culvert extensions will be 20 linear feet We additionally propose to replace two (2) existing nines at stream crossings. 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, se aratel list impacts due to both structure and floodin . 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 linear feet Area of Impact (acres) N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: 0.0 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 acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Impact linear feet acres Site 1 (16+00) UT North Toe Pipe Culvert Perennial , 10' 0.00023 River Extension 1 Site 2 (17+50) UT North Toe River Pipe Culvert Extension perennial 10' 0.00023 Pipe Replacements: UTs of North Toe Pipe Replacement Perennial 0 0 River No Extension (2+50),(7+60) Page 4 of 9 Total Stream Impact (by length and acreage) I 20' 0.00046 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, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres : 0.00046 Wetland Impact (acres): 0.0 Open Water Impact (acres : 0.0 Total Impact to Waters of the U.S. (acres) 0.00046 Total Stream Impact (linear feet): 20' 7. 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. 8. 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.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 5 of 9 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 raved roads. The pipe culvert extensions requested are the minimum necessary to establish an appropriate typical section for the roadway. The pipes to be replaced are damaged. 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. 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 http•//h2o.enr.state.nc.us/ncwetlands/strmEide.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, Page 6 of 9 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. We propose reforesting approximately 100 linear feet of NCDOT ROW along the North Toe River as mitigation for the proposed impacts We propose to utilize native vegetation on these areas of reforestation to help stabilize the banks adjacent to the road. We will utilize Type 1 streambank reforestation as detailed on the attached stream reforestation detail sheet. If this proposal is not acceptable we propose to utilize the Ecosystem Enhancement Program (EEP) for the mitigation requirements for the proposed impacts. NCDOT will be coordinating with the EEP to obtain the appropriate mitigation credits. 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 http://h2o.enr.state.nc.us/wo/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): 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 (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 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 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 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) - N/A 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, Page 7 of 9 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 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. Impact I I Required Zone* _,? Multiplier 3 (2 for Catawba) 1.5 XI. Total * Zone I extends out 30 feet perpendict additional 20 feet from the edge of Zone 1. the top of the near bank of channel; 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 213.0242 or.0244, or.0260. 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 the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. 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 acreage Stormwater will be diverted through settling basins or grass lined buffers prior to entering the streams. 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. N/A Page 8 of 9 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. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future 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 ht!p://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description: XV. 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 mill basins, the road is not classified as an arterial route: therefore hazardous spill basins are not required. (/3d/d ApplicagVAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 Name: BAKERSVILLE Date: 1 /27/2006 Scale: 1 inch equals 2000 feet Location: 036° 00' 13.42" N 082° 11' 21.78" W Caption: SR 1186 Johnson Road, Mitchell County, North Carolina Photo 1: A view of the upstream section. Photo 2: A view of the do,,vmstream section. Photos: Site 1: Pipe Culvert Extension -SR 1186, Mitchell County, NC. Photos: Site 2: Pipe Culvert Extension - SR 1186, Mitchell County, NC. Photo 1: A view of the upstream section. Photo 2: A view of the downstream section. TYPE 1 STREAMBANK REFORESTATION SHALL. BE PUNTED 0.9m TO L52rn ON CENTER, RANDOM SPACING, AVERAGING L22m ON CENTER. APPROXIMATELY 6726 PLANTS PER HECTARE. TYPE 2 STREAMBANK REFORESTATION SHALL BE PLANTED LSm TO 3.0m ON CENTER, RANDOM' SPACING, AVERAGING 2.4m ON CENTER. APPROXIMATELY 1680 PLANTS PER HECTARE Q NOTE: TYPE 1 AND TYPE 2 STREAMBAiNX REFORESTATION SHALL BE PAID FOR AS "STREAMBANK REFORESTATION" STREATNIBANK REFORESTATION TYPICAL I TYPE Il (TYPE I 0 all& t 44W 4?w 12.{ fmT. I ST7tE" STREA MBANK REFORESTATION MIXTURE. TYPE. SIZE, AND FURNISH SHALL CONFORM TO TIM FOLLOWING: TYPE 1 50% SALLY NIGRA BIACK WILLOW 300m- - 460mm BR .50% CORNUS AMOMUM SILKY DOGWOOD 300mm - 460mm BR TYPE 2 25% L.IQUIDAMBAR STYRACIFLUA SWEETGUM 300mm - 460mm BR 25% PLATANUS OCCIDENTAL.IS SYCAMORE 300mm - 460mzn BR 25% PRUNUS SEROTINA BLACK CHERRY 300mm - 460mm BR 25% BETUTA NIGRA RIVER BIRCH 300mm - 460mm BR SEE PLAN SHEETS FOR AREAS TO BE PLANTED ST ANK REFORESTATION DETAIL SHEET N.C.D.O.T.- ROADSIDE ENVIRONMENTAL UNIT SHEET 1 OF 16 COUNTY: Mitchell TOWNSHIP: Bakersville PROJECT: SR 1186, Johnson Rd. LENGTH: 1,900 feet, 0.36 miles WORK TYPE: grade, drain, base, pave, erosion control RURAL PRIORITY #: LOCATION: From SR. 1186, 0.01 miles south of SUBD/RESID. PRIORITY #: 3F SR. 1187, thence for 0.36 miles R/W WORK ORDER NO: 6.882234 CONSTRUCTION W. 0. NO. DATE: 2/27/02 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. SR 1239. JOHNSON RD. SHEET-OF 16 MITCHELL COUNTY m TYPICAL SECTION R/W VARIABLE R/W A. FILL SLOPE B. SHOULDER SLOPE C. DITCH SLOPE D. CUT SLOPE I Y2: 1 1' PER FT. 4 :1 I Y2: 1 R/W E ABC COMPACTED ABC LOOSE TONS (DRIVES) STONE BY TONS (INTERS.) TONS (ROAD) TONS (TOTAL) 1 7' 9' 9' 4' 4' 1 SHEET 3 OF 16 FULL SUPERELEVATION FULL SUPERELEVATION SECTION - EE 2/3 SUPERELEVATION 2/3 SUPERELEVATION P. C. OR P. T. SECTION - DD SUPERELEVATION = NORMAL CROWN NORMAL CROWN SECTION - CC LEVEL NORMAL CROWN SECTION - BB NORMAL CROWN NORMAL CROWN SECTION - AA STANDARD METHOD FOR OBTAINING SUPERELEVATION 2 LANE PAVEMENTS Ideally. 2/3 of superelevation is obtained at P. C. or P. T. as shown on Section DD Example: if maximum superelevation is +.06 -.06, the superelevation at the point of curve or point of tangent is +.04 -.04 .06 X 2/3 = .04 Superelevation for 18' Pavement .02 0.4' E.P. to E.P. .04 0.7' E.P. to E.P. .06 1.1' E.P. to E.P. .08 1.4' E.P. to E.P. Normal Crown - 0.2 b Sheet 4 of 16 EROSION CONTROL PLAN SHEET Generally, the order of installation of the erosion control measures will be as follows: 41 Temporary silt basins shall be installed before clearing and grubbing begins. Silt fences and temporary silt ditches shall be installed after clearing and before grading. Temporary stone ditch checks shall be installed as soon as ditch line is established. Pipe outlet and inlet protection will be done as soon as the pipe is installed. Seeding and other permanent erosion control measures are to be implemented as soon as practical. , Temporary rock silt checks (type B) will be spaced as required by percent of grade as described on page VI-16 in the Erosion And Sedimentation Guidelines. No. 5 stone, or equivalent, will be used in conjunction with temporary rock silt check Type-B in locations where water is leaving the project or entering a pipe. Silt basin size is 9'x3'x2' for 75 feet of disturbed ditch line unless otherwise noted. I8D4 Silt basin (Type B) are designed for 420ftubic feet per acre every storm event and cleaned out when half full. Per permit conditions for Corps of Engineers and the Wildlife Resources Commission, all pipes in streams must be buried 12" below streambed elevation. Sheet 5 of 16 PIPE INSTALLATION NOTES 4 1) Install erosion control devices. In streams, where necessary, rock silt screen will be used. 2) Remove material and existing pipe while limiting, as much as possible, material and sediment from entering the stream and/or escaping from project. 3) Prepare pipe foundation while again taking care to limit, as much as possible material and sediment from entering the stream and/or escaping from project. Where possible, new grade will be below existing streambed. If needed, bedding material will be clean stone. 4) Place the new pipe and compact backfill. 5) Install slope protection on outlet and inlet ends of pipe. Also complete installation of erosion control measures and perform maintenance as needed on existing measures. 6) Establish permanent vegetation as soon as possible. DESIGN FOR SILT BASIN SHEET ._6 _OF J2- 1800 CUBIC FEET PER ACRE CHECKED EVERY STORM EVENT AND CLEANED OUT WHEN HALF FULL NOT TO SCALE 2' SILT BASIN - 1 (S. B. 7 ) a? M -,\ r? . - - IN 14, 2' MI ?- N, 21, Y 2' ?8, ::.-- SILT BASIN - 4 ( S. B. 28 ) SILT BASIN - 2 (S. B. 14 ) SILT BASIN - 3 (S. B. 21 ) SHEET 7 OF 16 EROSION CONTROL DETAILS AND SPECIFICATIONS i Std, # Oescri tp io n Sqmho1 245.03 Temporary Silt Ditch -TSO - 245.05 Temporary Diversion To -- - 893.01 Temporary Silt Fence 890.05 Temporary Slope Drain with Earth Berm - '~ '- 245.01 Silt Basin Type A -0 245.02 Silt Basin Type B M - 892.04 Temporary Rock Silt Check Type - A 895.10 Temporary Rock Silt Check Type - B 892.01 Temporary Rock Sediment Dam Type - A - 892.02 Temporary Rock Sediment Dam Type - B _:D 897.01 Rock Pipe Inlet Protection o °o - 894.01 Rock Silt Screen L 245 04 Stilling Basin 3 . Rock Inlet Protection 896.01 Type A °°°°°° A g?-0 -OR - A 8 896.02 Type B °°°°° °°°°°° B a?0 - OR - B e 896.03 Type C °°°°°° o°°°°o C oOQo - OR - C ° 000000 SHEET 8 OF 16 ROCK SILT CHECKS - OUTLET OF PIPE (WIDTH OF ROCK AT THE OUTLET END TO BE 3 TIMES THE DIAMETER OF THE PIPE AND TAPERED INTO EXISTING DITCH) 18' CSP RR 18 M16N.- EXISTING DITCH 24' CSP RR 24 M? ? 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Owl It f. 4 I iI MIrCHELL couNry SR //B 6 c rOf/N,SON eD syEEr io of 1,6 /" = 25' ?S { r? 1, 1 Aflre /£LL COL/wrr f 1 c,S.P//8lo J'OH,dSON ,pA I <S'f/EET v OF /6 I • Q,? l t-t? s A Z, Ilz :i l y `` Z i I 1 , /r(/ / C. /7G L L GrV &j /V / jr cSe //8 6 crOAMISON RD v SAIEEr Ile IrNA 1 I ` ?' I\ ? \ + l.J 1? ? ? i J 43 ) t 72 P. P 24 c.r. + Q ?" I? c t tp °--? 73 r. - aU VEle ` ourtET' 1 MI1 4L.rIG LL [.?(/G//Y/ j 1 cfe //86 crOA1.,V lON RD. 2,5 ,.200 w. i I ti it t ?r'YS , ?v J r ? ? 0 of 1 I301 f 5 WALL ? '` ?? X GIs 1 6? ?? v ?i ? X13 ? o I, 2 1 t V , ' n??ic:He?? cou:Vry 1? SR 1186 <,roylvs6W cSHEEr /" =J 25 5% f d J ' ( V y v f I I DI v vU/LC / ' 23ir P. P. i I I !` I ` 1. V v I? i X11 I r ivy//c.r?cc..?... c..vvNi / •v /JI -? I Exis r. cTOH/USON ,P.D. -,I 300 'x i8 " syEET 5 of ? 6 f, ! L ( tr ?r 1 Ito Iz /7?T, curer .GD" CSP I I '"2D P. P. 22 'Z;r y ? I 4, L I 2O?-?1!r?P 3 I? In 55' 1 !4' i; D2• p 1 he t 11+1 PP . 33 I {., • i v I ? ?1 V I ? I l? IS.? //86 cTOYAl olv .PD. [ llz,,cT /6 OF / 6 /11 !? ? o.l .fir 2L ? ?5 o? Pte` is y(k3 k2 sw,o,owo TEG T c57w. /9 00 J /; f5 t O O co O ` L 0) +? 4? H ` C C ' Z = N N C N w O .? £ O O N _ aL t F O O N _ C p a..? ?. p N V Y i ? ?0 o. N • C L L) 0 OZ 20 q \. :3 (D a ??1 +U)+ O ! a w g &I V cc (1) J 00 -C N V CL z \ p Cn N O I $ F- 0-- E _ CO I• O 0 U) 4-7 LL co r C) J nI so ? • /. ?' O J P I (0 (0 0 0o ao O m r r C .• (A (A ? i •' ?I °-I q. ?. 1 N ?1 •'I I / aP NI Y%tt / i ' R :1 c RI o JI'a SI • I \ i E ?Ll VATER QUALITY P-r~A1T PmMCH ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director TO: Steve Lund, USACOE Asheville Field Office FROM: Ron Linville Regional Coordinator xp? Habitat Conservation Program DATE: February 7, 2006 SUBJECT: North Carolina Department of Transportation (NCDOT), SRI 186, Johnson Road, Unnamed Tributaries North Toe River, Mitchell County NCDOT proposes to replace and/or extend culverts on SRI 186. Biologists with the North Carolina Wildlife Resources. Commission are familiar with habitat values in the area. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A -I through 113A-10; NCAC 25). Removal of the existing bridge will not impact waters. The project involves extending two culverts by ten (10) feet each and removing and replacing (R&R) two culverts. All three culverts are associated with tributaries of the North Toe River and its floodplain. The North Toe in the project area supports populations of the Appalachian elktoe, Alasmidonta ravenehana (NCE, FE). Based on our review of the submittal, we will not object to the project provided the following non-prioritized conditions are implemented: 1. The USFWS must concur with the project pursuant to requirements of the US Endangered Species Act. We recommend that before doing any in channel work where suitable mussel habitats are present, the streams should be surveyed for mussels. If any mussels are found in the work area, they must be relocated by fully authorized and properly trained biologists. 2. Culverts 48" or larger should be buried approximately V into the streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 ti SRI 186, Johnson Road, North Toe Raver -Page 2 - February 7, 2006 3. The dimension, pattern, and profile of the stream above and below the crossings should not be modified by widening the stream channels or reducing the depth of the streams. Where practicable, floodplain benching must be restored or maintained to ensure water depth and to restrict the width of the base flow channel. 4. Any riprap used must not interfere with aquatic life passage during low flow conditions. 5. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 6. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 7. Heavy equipment should be new or low-hour, clean and well maintained. Spill containment materials should be readily available on the site for use should any petroleum spillage occur. 8. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124). 9. Temporary or permanent herbaceous vegetation should be planted on all bare soil within five (5) days or less if possible of ground disturbing activities to provide long- term erosion control. Any vegetation removal and land disturbance must be accomplished concurrently. We encourage NCDOT to utilize onsite vegetation and materials for streambank stabilization when practicable. 10. As indicated, NCDOT should restore an undisturbed forested buffer along the North Toe River. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at 3361769-9453. Cc: Mike Parker, DWQ-ARO Marella Buncick, USFWS-ARO Becky Fox, USEPA Roger Bryan, NCDOT Marla Chambers, NCWRC