Loading...
HomeMy WebLinkAbout20060753 Ver 1_Complete File_20060523pF WA DER 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 May 23, 2006 Macon County DWQ Project No. 060753 NCSR 1490 (Mason Mountain Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, to impact 5 linear feet in an unnamed tributary to the Little Tennessee River (5 linear feet of new pipe and temporary dewatering), in order to make improvements to NCSR 1490 (Mason Mountain Road) in Macon County. The project should be constructed in accordance with your application dated April 28, 2006 (received May 5, 2006), including the environmental commitments 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 Water Quality Certification will expire with the accompanying 404 Permit issued by the US Army Corps of Engineers. 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 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. 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. I NCazolina c tura!!? r 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. B. Setzer, P.E. May 23, 2006 Page Two 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated, with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 4. Placement of culverts and other structures in waters, streams and wetlands, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48-inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48-inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, streambeds or banks, adjacent to, or upstream and down stream of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 413.0124 (a)-(e)]. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover 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 or wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. 6. In-stream work is prohibited from May 15 through August 31 to protect the Spotfin Chub during reproduction. 7. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 8. All stormwater runoff shall be directed as sheet flow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 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 the active thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 11. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 12. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 13. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement. 14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures should be used to prevent excavation in flowing water. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. If concrete is used during 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. Mr. J. B. Setzer, P.E. May 23, 2006 Page Three 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 19. 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 installation. 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 21. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. 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: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Steve Lund, USACE Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office Staff Report Project Num: 20060753 Version: 1 Status: Issued Name: NCDOT Sr 1490 Project Type: Pave road County: Macon Region: Asheville Location: Little Tennessee (303D) lotla Latitude: +35°15'37" Longitude: -83°24'14" SW Plan Location: Owner: NC DOT Division 14 - Andrews Contact Person: Tippett, Lyndo Title: Inspection Date: 05/15/2006 Entry Time: 12:40 PM Reason for Inspection: Routine On-Site Representative(s): Primary Inspector: Michael R Parker Secondary Inspector(s): Phone: Exit Time: 12:55 PM Inspection Type: Staff Report Phone: 828-296-4500 Question Areas: 0 Site Visit Inspection Summary: NCDOT is proposing to grade, widen and pave NCSR 1490, Mason Mountain Road. This is a short road 0.3 mile with one existing stream crossing of an unnamed tributary to the Little Tennessee River. It is proposed to extend the existing culvert five additional feet. As a note there are impacts from the existing tourist gem mine at the beginning of the road. Sediment is probably getting in the stream from this area, which is unpaved. It is recommended that WQ Certification Nos. 3404 and 3366 be issued. The 401 Certification was issued on May 23, 2006. Page: 1 Project Num: 20060753 Owner: NC DOT Division 14 - Andrews Inspection Date: 05/15/2006 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? n ¦ o n If yes, please describe differences: Are the Intermittent/Perennial calls different in the application? E) 0 n n If yes, please describe differences, and how mitigation ratios are affected: Are there additional impacts not described in the application? n ¦ n n If yes, please describe and quantify: Were the impacts in place prior to the application for the 401 Certification? n N n ? Additional conditions recommended for the Certification: Recommended project modifications: Is this a modification request to an existing Certification? ? N n n Are there additional stromwater conditions that should be required due to.the following classifications: 0000 # 303(d)list, Class WS, NSW, ORW, HQW Describe: Is this a subdivision or otherwise part of a larger project? n n ¦ n # If yes, what phase is this? Are there prior impacts from prior phases? n Q N n If yes, what are the cumulative imacts for this project? Possible secondary impacts noted: Comment: Page: 2 D dd SfAT[o /{//?????{ wee. ?:.?5 r ` tY i'.44Y Q1 osq aSQtF??U? ?5 STATE OF NORTH CAROLINA ?MWgRB DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY April 28, 2006 LYNDO TIPPETT GOVERNOR SECRETARY Mr. Steve Lund, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 O6 O 7 5 3_? Subject: Nationwide 14 Permit Application SR 1490, Mason Mountain Road Macon County State Project No. 14C.056097 (DWQ Minor Permit Fee S200) Dear Mr. Lund: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1490, Mason Mountain Road, in Macon County. This proposal entails widening and paving the existing gravel road to a standard 18-foot roadway. The total project length is approximately 0.30 mile. The proposed improvements of SR 1490 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 2006-paving season. I am sending a pipe installation detail, 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 in the database for this unnamed tributary of the Little Tennessee River. However, this project begins in close proximity (225 feet) of the Little Tennessee River and the stream impact site is approximately 600 feet from the river. The Little Tennessee River is a significant natural heritage area and supports a diverse aquatic fauna, which includes the federally endangered Appalachian elktoe (Alasmidonta raveneliana), the federally endangered little-wing pearly mussel (Pegias fabula), and the federally threatened spotfin chub (Arimonax monachus). At the time of listing, two known populations of the Appalachian elktoe (Alasmidonta raveneliana) existed in North Carolina; the Nolichucky River (including its tributaries of the Cane River and the North Toe River), and the Little Tennessee River and its tributaries. Since listing, the elktoe has been found in additional areas. These "new" occurrences include Andrews District Office 191 Robbinsville Road, Andrews, N. C. 28901 Phone: (828) 321-4105 Fax: (828) 321-3228 t extensions of the known ranges in the South Toe River (Nolichucky River Basin) and the Tuckasegee and Cheoah Rivers (Little Tennessee River Basin) as well as a rediscovery in the Pigeon and Little River watersheds of the French Broad River Basin. Habitat for this species has been described as medium-sized creeks and rivers with cool, well oxygenated, flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks of bedrock and in relatively silt-free, coarse sandy substrates (USFWS 1996). Water quality and habitat degradation appear to be the major factors affecting species distribution and reproduction. The little-wing pearlymussel (Pegias fabula) is endemic to the southern Appalachian Mountains and the Cumberland Plateau. Historically, the little-wing pearlymussel inhabited many small to medium size tributaries of the Tennessee and Cumberland River systems in Alabama, Tennessee, Kentucky, Virginia, and North Carolina. Historically, the species was known from 24 stream reaches in these states, but, is presently known from only six stream reaches, one of which is the Little Tennessee River. The rarity of the species could be attributed to its small size and preference to stay buried in the substrate, which makes it difficult to observe and document. The species is a riffle dwelling species, which inhabits cool, clear, high gradient streams and rivers. They can also be found in the transition zone between pools and riffles, buried under large flat rocks, and in the gravel substrate. No live specimens have been observed in the past few years of surveys, until a recent discovery in the Little Tennessee River in the Needmore area (personal communication, Steve Fraley, NCWRC). The spotfin chub (Erimonax monachus) is endemic to the Tennessee River drainage in Alabama, Georgia, North Carolina, Tennessee and Virginia. Presently, it is known to survive in only four isolated tributary systems (Duck, Little Tennessee, Emory and North Fork Holston River systems) (USFWS 1983). Habitat for this species has been described as moderate to large streams, 15-70 in (49-230 ft) in width and 0.3-1.0 in (1-3 ft) in depth. These streams should have, clear water, cool to warm temperatures, and pools alternating with riffles. Specimens of spotfin chub have been taken from a variety of substrates, but rarely from significantly silted substrates. During the spawning season they occur over areas of clean bedrock. Spotfin chub have recently been documented in several tributary streams to the Little Tennessee River during the fall of the year (McLamey, Jenkins, and Burkhead). Streams include Cowee Creek, Burningtown Creek, Iotla Creek, Tellico Creek, Watauga Creek, Brush Creek, Rattlesnake Creek, Sawmill Creek, and Wiggins Creek in Macon and Swain Counties. The unnamed tributary has a bankfull width of 3-4 feet with a substrate of gravel and sand/silt. Riparian vegetation consists primarily of shrubs, grasses, and herbaceous plants with a few scattered trees. This tributary has been degraded especially at the lower end of the project due to facilities associated with a private recreational gem mining operation. An unpaved access road parallels one side of this stream and the recreational mine washing areas is along the opposite side of the creek. Additionally, there are two culverts in this lower 500-foot section of stream plus the culvert under NC 28. The stream is significantly smaller than what is described as suitable habitakor the three federally listed species. The unnamed tributary to Little Tennessee River at Site 1 (Sta. 4+85) has a bankfull width of 3-4 feet with a substrate of gravel and sand-silt. Fish habitat is limited or nonexistent. Riparian vegetation consists primarily of shrubs, grasses and herbaceous plants and has been degraded from the recreational mining operation, roads and associated culverts from this point to its confluence with the Little Tennessee River. We propose to replace an existing 24" x 60' concrete culvert with a 48" x 65' CMP. This site lies approximately 600 feet from the confluence with the Little Tennessee River. The work will be completed during the summer of 2006, prior to the spawning season for the spotfin chub The unnamed tributary is too small to support the Appalachian elktoe or little wing pearly mussel. The spotfin chub is known to use larger creeks in the area of the project for spawning; however, the unnamed tributary is small (3 feet) and is not typical of streams used by the spotfin chub. The impact from the culvert replacement/extension will be very minimal. For these reasons, we believe that there will be "no effect" on threatened or endangered species. If the State Historic Preservation Office (SHPO) and the Office of State Archaeology determines that further investigations are required, NCDOT will conduct the appropriate site investigations and obtain compliance from SHPO prior to project construction. 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 replaced immediately 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 The unnamed tributary is shown on the USGS topographic map. The stream has perennial flow and has a well-defined channel composed primarily of sand and gravel. The channel lacks vegetation. For these reasons, we believe the streams are under the jurisdiction of the US Army Corps of Engineers. To comply with 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 replace/extend one culvert in an unnamed tributary to Little Tennessee River (DWQ Class C). Listed below is a summary of the proposed impacts. Site No. Station Existing Condition Proposed Condition Net Impacts Site 1 4+85 60' x 24" CMP 65' x 48" CMP 5' Total Impact 5 linear feet Permits Requested NCDOT is herby 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. 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 asking 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) 321-4105. Your early review and consideration will be greatly appreciated. Sincerely, Joshua B. Deyton, P.E. County Maintenance Engineer cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Ms. Denise Moldenhauer, Biologist, USFWS, Asheville David McHenry, Mountain Region Coordinator, NCWRC Mr. Joel Setzer, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT of CO wATF9 QG Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules SR 1490, MASON MOUNTAIN DRIVE, MACON COUNTY ?oExo:r? Coo b S^e O 9 ? NCDOT Division 14, District III Prepared by: Joshua B. Deyton, P.E. County Maintenance Engineer Clay and Macon Counties Page 1 Office Use Only: Form Version May 2002 20060753 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 2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina 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 1. Owner, Applicant Information Name: North Carolina Department of Transportation (,,CDOT) Mailina Address: 191 Robbinsville Road Andrews. NC 28901 Telephone Number: 828.321.4105 Fax Number: 828.321.3228 E-mail Address: ibdeyton(iydot.state. nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Joshua B. Deyton. P.E. Company Affiliation: County Maintenance Engineer Mailing Address: (same as above) Telephone Number: Fax Number: E-mail Address: Page 2 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 USAGE 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: Mason Mountain Drive, SR 1490 2. T.I.P. Project Number or State Project Number (NCDOT Only): 140.056097 3. Property Identification Number (Tax PIN): N/A 4. Location County: Macon Nearest Town: Franklin Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Franklin, take NC 28 north approximately 5.3 miles and turn right onto SR 1490. Mason Mountain Drive. 5. Site coordinates, if available (UTM or Lat/Long): 35.2603° N. 83.4039° W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 0. 7. Nearest body of water (stream/river/sound/ocean/lake):Little Tennessee River (Stream ID # 2-0)) Clas s C 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: Forest with some residential dwellings Page 3 10. Describe the overall project in detail, including the type of equipment to be used: The existing road will be widened by clearing, grubbing, cutting and filling to gain width required for secondary road standards. Drainage will be installed as needed and several culverts will be replaced. The road will then be graded and paved. The work will be accomplished with trackhoes, bulldozers, motor graders, dump trucks and various hand tools. 11. Explain the purpose of the proposed work: Construct road to current NCDOT secondary road standards. 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. None 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 (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: One metal pipe will be replaced and extended. Page 4 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) 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 I Individually list all intermittent and perennial stream impacts below: Stream Impact Lenath of Average Width of Perennial or Site Number Type of Impact* Impact Stream Name** Stream Before Intermittent? (indicate on map) (linear feet) Impact (please specify) Site rl culvert j UT Little 3 P Tennessee River * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap. dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net lossigain). 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., «ww.topozone.coin, www.magyuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 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; Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (acres) bay, ocean, etc.) N/A Page 5 List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): 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. Roadwav features were designed not to exceed North Carolina's minimum secondary roadwav standards. Therefore, impacts were minimized to the extent possible, including pipe lengths. 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 SAze 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 Page 6 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:/ih2o.enr.state.nc.us/ncwetlands/stn-ngide.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) 71-0476 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:iiwww.neeep.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): 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 Page 7 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 ? 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 trom near bank of channel; Zone 2 extends an 74 1 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 Page 8 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A 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. The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gravel surface treatment The roadway surface will be approximately 40% of the right-of-way area. Stormwater will be diverted through settling basins lined with filtering stone or grass lined buffers prior to entering streams. (See erosion control plan). 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 XII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Z XIII. 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 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 ? ..? • •'•' Z 7 -._ U it = i -", ? -'?-^?? _ ?^•)' i / .1160- -?- ? ? ,rr, ..1S71S71 n ?leasant Hill d - - F - Ch' Creek Caler rlry_ L sue! 8 C^ '14 8 ?? +^ s; -(',OWk? B'N LHT?106 010 V - •c p7 ?`.oh` Sr?w Hill Ch .. I • I l 1 - ?:? k em LMT I• r I ?? i `?? 'CC°- / ?We?ts Mill. 2049.E (1 BHP IO J ?C 9 oh o`er <i 1 `tt ??` is I : %: J f \,? Cowee - ?~ ?SQQ' r ? i - \, I Ii ?I X111 ^''I'/ v ?? .? V J _ \ w@Sta. _ COyB _ \-- ?t ?•1ii v ?-: F SR 1490. Mason Mtn Rd.. Site 1. Station 4+85 _ 2340 ' _G _/ J ?? t•? . to \? - - BM i N7 :03 - - ?- 1983 r_ -A ^3C ??`gg. ?` Op0 1454 ,! 7.400 - ? o r-? ?= I 1C ??'' \ 'O,°- . Iotla Piney-Grove Ch ?\ j l n _" ?/ f l Rtd 2 ' 61.1 LHT I035 I (: ~ /•`^J ti. 6 i . 2200 2 .. I _ Br goo • '. r -. o - '.? j- ti ISM R fJ - - -080 J i r °a Name: FRANKLIN Date: 5/2/2006 Scale: 1 inch equals 2000 feet Location: 035' 14'54.95" N 083° 23' 46.66" W 1998, Maptech. Inc. CD O C/1 a. ` 1424 teYico 1360 347 0 ? Sopt Ch 13 2 1361 142 QO 1a ^11455 ---.- Gr 1357 11353 134 k ' r 1341/ 8 1346 ' e 0V. a / .1 a Bkpt Ch 1351 hty +? ? - G1V 6' ' LlDe 1364 s 1370 ` + -- - .r _ _ a 1354 _ i.oill.nn an _ ? - s1?. 343 a 136 . torn a Bw _ - _ _?_? Snor 'r, 353 Y 1353 C C Ch ° o t igtown Go Bna v 135 1365 , °1349 1345 7rurF Fomny tCh 1372 t Ch j ° 1343 Warship Center ' ? 1370 A 5 1472 1472, t ?"? O 1 341 ? Penecostai Cn? . 6 371 1 t? 1? CMS i 1.7 v 1445 \ 1459 ! 1340 ?.e : ? 1343 1342 W v /Dem sch a Rocky Fete \ / R 149'0 M a t n. Rd. ti 1 Z4 1 ' 4 3 9 _?'i rosxw 1 1372 453 1487 1490 8 / 1332 L* Knob l as1 1474 1389 t 145 T ! 1334 Se v" Dc \ n isr C? 35 ?s ? ? eri1?? + 458 d .e 388 1 Bopt Cn 13 6 / 133 -? 1 1 1500 1501 K)TlA ?? ?y, e R 1377 1427 / 429 - 1390 s 2 ?? t RgxwKnob 1 \ 416 1421 1335 1378 a 1335 _ }? 428 J wolo , /? Ak- ?# O r uq - " O aF? j D- \ 1521 PAW 1 Ho4 Sp'ip Te I ' 23 C= 1001 PJDGE