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HomeMy WebLinkAbout20061505 Ver 1_Complete File_20061030O?WA'T ?r >_ Q _ - ? October 30, 2006 Macon County DWQ Project No. 061505 NCSR 1341 (Leatherman Gap 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, for the following impacts for the purpose of making improvements to NCSR 1341, Leatherman Gap Road in Macon County: Stream Impacts in the Little Tennessee River Basin Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring Mitigation linear ft Site 1 20 20 Site 2 15 15 Site 3 22 40 ft. Temporary 22 Dewatering Site 4 15 15 Site 5 5 5 Total 77 40 77 Total Stream Impact for Project: 117 linear feet. The project should be constructed in accordance with your application dated September 15, 2006 (received September 20, 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 Pert 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. North Carolina Division of Water Quality 2090 U.S. Highway 70 Swarmanoa, NC 28778 )ntemet www.ncwaterquality.org 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 NorthCarolina Naturally Phone (828) 296-4500 Customer Service FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. October 30, 2006 Page Two 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. 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 4B .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. The NCWRC is requesting that in-stream work and land disturbance within the 25-foot wide buffer zone not occur during the trout-spawning season of January 1 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway, if possible. 7. NCDOT will need to adhere to all appropriate in-water work moratoriums prescribed by the US Fish and Wildlife Service. No in-water work is permitted between September 1 and November 30 of any year, without approval from the NC Division of Water Quality and the US Fish and Wildlife Service. 8. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-1, WS-11), 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 prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 9. 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. 10. 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. Mr. J. B. Setzer, P.E. October 30, 2006 Page Three 11. 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. 12. 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. 13. 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. 14. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement. 15. 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. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. 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. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. 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. 21. 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 bank stabilization work. 22. 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. 23. 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 cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office o? @ Ile, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR September 15, 2006 SECRETARY Mr. David K. Baker, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 061,50,5 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 and Nationwide 33 Permit Application SR 1341, Leatherman Gap Road Macon County State Project No. 14C.056105 (DWQ Minor Permit Fee $200) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1341, Leatherman Gap Road, in Macon County. This proposal entails widening the existing,paved road by two feet to a standard 18-foot paved roadway. The proposed improvements of SR 1341 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2006 and 2007 paving seasons. I am sending a pipe installation detail as well as a marked county map and USGS quad map. We propose to install new culverts 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 existing culvert at Site 3 will be removed with the use of a temporary stream diversion to prevent debris caused by demolition from entering the stream. The diversion will include an impervious dike that will allow the stream to be pumped around the demolition site. Cowee Creek is a tributary to the Little Tennessee River (RM 107.5), which supports populations of the federally endangered Appalachian elktoe (Alasmidonta raveneliana), the federally endangered little-wing pearly mussel (Pegias fabula), and the federally threatened spotfin chub (Erimonax monachus). It is also listed as critical habitat for the spotfin chub from the Georgia State line to Fontana Lake and the Appalachian elktoe from Lake Emory to Fontana Lake. The North Carolina Natural Heritage Database lists a record for the spotfin chub within Cowee Creek. Additionally, there is a record for the bog turtle (Glyptemys muhlenbergii) within the Cowee Creek watershed. At the time of listing, two known populations of the Appalachian elktoe existed in North Carolina, the Nolichucky River (including its tributaries of the Cane River and the North Toe Andrews District Office 191 Robbinsville Road, Andrews, N. C. 28901 Phone: (828) 321-4105 Fax: (828) 321-3228 River), and the Little Tennessee River and its tributaries. Since listing, the elktoe has been found in additional areas. These "new" occurrences include extensions of the known ranges in the South Toe River (Nolichucky River Basin) and the Tuckasegee and Cheoah Rivers (Little Tennessee River Basin). Within the French Broad River Basin, thee elktoe has been rediscovered in the Pigeon River and the Little River and a new record has been found in Mills River. 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 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 little-winged pearly mussel 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. A live specimen has been observed within the last two years in the Little Tennessee River (personnel communication, Steve Fraley, North Carolina Wildlife Resources Commission). The spotfin chub 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 (McLarney, Jenkins, and Burkhead). Streams include Cowee Creek, Bumingtown Creek, Iotla Creek, Tellico Creek, Watauga Creek, Brush Creek, Rattlesnake Creek, Sawmill Creek, and Wiggins Creek in Macon and Swain Counties. Cowee Creek has a bankfull width of 14-16 feet with a substrate of boulders, cobble, gravel and sand/silt. Riparian vegetation consists of mixed hardwoods, shrubs, grasses, and herbaceous plants. However, Cowee Creek has been degraded by improper land use practices in the past such as livestock grazing and agriculture. Cowee Creek provides habitat for a variety of fish species and other aquatic organisms. Spotfin chub have been observed in Cowee Creek during the fall of the year (September/October). The unnamed tributaries of Cowee Creek are small with bankfull widths of 2-4 feet. The substrate of these streams is composed primarily of sand with some silt gravel and scattered cobble. These streams do not appear to have sufficient flow at the impact sites to support fish. Riparian vegetation consists primarily of grasses and other herbaceous plants with some shrubs. Shepherd Creek has a bankfull width of 6-8 feet and has a substrate of sand, gravel and cobble. Riparian vegetation is maintained grass on the inlet end with shrubs and herbaceous vegetation on the outlet. Shepherd Creek has sufficient flow to support fish. Five pipes will be replaced on this project. The culvert sites range from approximately 20 feet to 850 feet from the confluence with Cowee Creek. The nearest site is approximately 2.8 miles from the confluence with the Little Tennessee. NCDOT personnel conducted an onsite investigation on September 12, 2006, to evaluate potential impacts to threatened and endangered (T & E) species. Wetlands will not be impacted and cuts and fills will be limited. The existing bog turtle record is outside of the project area. Therefore, there will be no effects on the bog turtle. Due to the small size of the streams involved, the distance to the Little Tennessee River (-2.8miles) and the implementation and maintenance of appropriate BMP's, it was determined that the project would have no adverse impact on mussel populations in the Little Tennessee River. However, there is some concern regarding potential impacts to the federally threatened spotfin chub due to the close proximity of the culvert sites to Cowee Creek. Spotfin chub have been observed in Cowee Creek downstream of the project during the fall of the year. To address this potential impact, NCDOT proposes to replace the culverts in the "dry" by placing sand bags on the inlet end of the pipe and pumping the water around the site during installation to reduce downstream sedimentation. Based upon the distance between the project area and the Little Tennessee River, existing habitat conditions, and the implementation of appropriate BMP's, the NCDOT believes this project "may affect-is not likely to adversely affect" T & E species and/or their critical habitats. In addition, NCDOT will implement the following measures to further reduce potential impacts to T & E species and other aquatic resources downstream of the project area: Adequate sedimentation and erosion control measures will be implemented prior to any ground-disturbing activities. Structures will be inspected and maintained regularly, especially following rainfall events, to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation will be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 2. Excavation of the stream crossing will be conducted in a dry work area. Sandbags, pumps, flexible pipe, or other diversion structures will be used to divert water flow around the site to minimize excavation/demolition in flowing water. 3. The culverts will be placed with the floor of the barrel approximately one foot below the level of the stream bottom to allow natural stream bottom materials to become established in the culvert and to allow fish passage during periods of low flow. 4. Stormwater will be directed to buffer areas or retention basins and will not be routed directly into streams. 5. All mechanized equipment operated near surface waters will be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 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 immediately replaced with better devices. The rock silt screens and other erosion control devices will be in place prior to pipe culvert construction and will remain in place until the project is stabilized. Impacts to Waters of the United States The unnamed tributaries of Cowee Creek are small but all appear to have perennial flow. The channels are composed primarily of sand but some silt, gravel and cobble are present. The channels lack vegetation. Shepherd Creek has sufficient flow to support fish. The channel is composed primarily of sand and cobble. For these reasons, we believe these streams are under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the Little Tennessee River Basin. Listed below is a summary of the proposed impacts. SR 1341 Site No. Existing Proposed Net Impacts Station Condition Condition Site 1 35'x 36" CMP 55' x 48" 20' 0+55 CMP Site 2 40'x 36" CMP 55' x 36" 15' 17+84 CMP Site 3 28.0'x 4.5' x 6.5' 40' x 73" x 22' 32+89 Concrete and Rock 55" CMP Culvert w/ Concrete and Rock Bottom Site 3 Impervious 40'Temporary 32+89' Dike with 6" Pump Site 4 40'x 24" CMP 55' x 36" 15' 56+83 CMP Site 5 40'x 18" CMP 45' x 24" 5' 61+85 CMP 77 linear feet total 40 linear feet temporary Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David McHenry, Mountain Region Coordinator, of the North 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 Mr. David McHenry, Mountain Region Coordinator, NCWRC Mr. J.B. Setzer, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT C R ?I OF Vq AT ?f ?irv=i 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 1341, Leatherman Gap Rd., Macon County Yp R7li ?.`. P 4F"4 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 USACE Action ID No. DWQ No. 2 0 0 6 1 5 0 5 (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 & NW 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 (verify availability with NCEEP prior to submittal of PCN), complete section VIII and check here: 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 (NCDOT) Mailing Address: 191 Robbinsville Road Andrews NC 28901 Telephone Number: 828.321.4105 Fax Number: 828.321.3228 E-mail Address: jbdeyton(cr),dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: 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 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: Leatherman Gap Rd., SR 1341 2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.056105 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 5.9 miles to SR 1340, Cowee Creek Rd. Turn right onto Cowee Creek Road. Go approximately 1.2 miles to SR 1341, Leatherman Gap Rd. Turn left onto Leatherman Gap Rd. Vicinityap included with permit package. 5. Site coordinates, if available (UTM or Lat/Long): Site 1 -35.2781°N, 83.3864°W, Site 2 - 35.28310N 83.3861°W Site 3,- 35.2831°N 83.3806°W Site 4 - 35.2858°N 83.3756°W Site 5 - 35.2881°N, 83.3742°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): 7.09 7. Nearest body of water (stream/river/sound/ocean/lake): Cowee Creek (Stream ID #: 2-29 Class C TO 8. River Basin: Little Tennessee River (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, residential Page 3 10. Describe the overall project in detail, including the type of equipment to be used: Widening, paving, and installation of new pipes using a hydraulic excavator, backhoe loader, dozer, wheel loader, motor grader, dump trucks and hand tools. 11 Explain the purpose of the proposed work: Widen and resurface existing paved roadway for the purpose of safety iMprovements and scheduled maintenance. 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. Provide a written description of the proposed impacts: Installation of new pipes . Page 4 1. 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, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.2ov. *** 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 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? leasespecify) Site #1 Culvert 20 UT to Cowee Ck. 3' P Site #2 Culvert 15 UT to Cowee Ck. 3' P Site #3 Culvert 22 Shepherd Ck. 6' P Site #3 Culvert 40 (temp) Shepherd Ck. 6' P Site #4 Culvert 15 UT to Cowee Ck. 1' P Site #5 Culvert 5 UT to Cowee Ck. 3' P * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topoozone.com, www.mQguest.com, etc.). Page 5 Cumulative impacts (linear distance in feet) to all streams on site: 77 linear feet, 40 linear feet temporary 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name (if applicable) Wateplicabllee) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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 secondarv roadwav standards. Therefore, impacts were minimized to the extent possible, including pipe lengths VIII. Mitigation DWQ - In accordance with 15A NCAC ZH .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 6 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or 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/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.ncegp.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 IX. Environmental Documentation (required by DWQ) Page 7 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 (Meuse), 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 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A Page 8 XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The existing paved roadway acts as an impervious surface. The roadway surface will be approximately 20% 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. 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. XII. 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 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 /1U, 8- rAw! September 15, 2006 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 COUNTY:-..--MAC ON CPS: 35 0 16 ' 41 N_ SR- N0. SR-1341 RD - Nom= LEATHERMAN GAP 83 0 23? 11 N_ PIPE STA'. 0+55 1 SITE No. ?p CHECK DAMS AS REQ. CENTER LINE-OLD&NEW T.S.F. & ROCK BERM R.S.D. TYPE B r ? ? R S . TYPEB D 10'X 3'X 2''""°?'" ` . . . 10 X3 X2 4? I 3' BR. RIP RAP ! HEADALL ! ?S.B.TYPE B o ls 10' 'X2' ® S.B. v i - ?- TYPE B F 10'X3'X2' ?? R.S.D. TYPE B T.S.F. & R.B. 1 X3''' X-2 r ` RIP RAP ENDWALL 41 EXIST. 35'X 36" CMP. CHECK DAMS / - - REPLACE W/ 55'X 48"CMP AS REQ. TYPE B 10'X3'X2' SILT BASIN TYPE B 10'X3'X2' I I I 1 1 I 1 1 1 1 1 1 1 I I I I I I I I I I I I X 1 1 I ' I ? I I I I I I I ? I I I . I I ? I I I I I I * I - - I I I I '1 I I i I I i ? I I I I I I I , I I I I - ? - - 1 1 1 I I 1 1 I - I I I ( ? I I I I I i ? ?I ? 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