HomeMy WebLinkAbout20051001 Ver 1_Complete File_20050705W AC7 'C'
h(bu.idl,
D ?^
08 a
Ab,D A'&- Mi. __
Alan W. Klimek, P.E. Director
Division of Water Quality
7Eke C'v July 5, 2005
Macon County
DWQ Project No. 051001
NCSR 1640 (Buckeye Branch 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, Noy th Carolina 28779
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 294 linear feet of
three (3) unnamed tributaries to Buckeye Creek (40 linear feet of temporary pipe, 9 linear feet of new pipe and 245 linear
feet of wet ditch relocation), in order to make improvements to NCSR 1640 (Buckeye Branch Road) in Macon County.
The project should be constructed in accordance with your application dated May 23, 2005 (received June 1, 2005) and
additional information dated June 27, 2005 (received June 27, 2005), 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 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.
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.
One
Npi hCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. J. B. Setzer, P.E.
July 5, 2005
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
perfonned 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. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of
Januaryl through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of
the roadway.
5. Adequate sediment and erosion control measures should be implemented prior to any ground disturbing activities to
minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be
planted on all bare soil within 10 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 stables or wherever possible, live stakes of native trees. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
6. 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.
7. The wet ditch relocation must be constructed in a dry work area, and stabilized before stream flows are diverted into
the new channel. Natural channel design techniques should be used in the wet ditch relocation. It is recommended
that coir fiber matting be used in the new stream channel.
8. Rock check dams at culvert outlets should be removed at the.project completion to avoid impeding the movement of
aquatic life.
9. 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.
10. 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.
11. Removal of vegetation at the stream crossing 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.
12. 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.
13. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
15. 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.
16. 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 fish kills.
It
Mr. J. B. Setzer, P.E.
July 5, 2005
Page Three
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
18. 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.
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 extensions.
20. All work shall be performed during low flow conditions (below bankfull).
21. 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: Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
4ngie Pennock, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
?QF vvn ??RQ
?O G
JUN
2 7 7??5
BAWDS AND sT BMWA ALIT y
June 20, 2005
TER BRAryDH
Mr. J. B. Setzer, P.E.
Division Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
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
Subject: Permit Application for Proposed Road Improvements
DWQ Project No. 051001
NCSR 1640-Buckeye Branch Road
Macon County
Dear Mr. Setzer:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the subject
project. Review of your application revealed it was lacking necessary information required for making an informed
permit decision. The permit application was deficient in the following areas:
• The application did not include any plans or drawings for the 245 linear feet of stream relocation between
Stations 2+20 and 4+65. Please provide a stream relocation plan for this project.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we receive the
requested information. Furthermore, until the NC Division of Water Quality receives the information, we request (by copy
of this letter) that the US Army Corps of Engineers place the permit application on hold.
If you have any question or require additional information, please contact Mike Parker at 828-296-4500.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Angie Pennick, USACE Asheville Field Office
Mark Davis, Division 14 DEO
Transportation Permitting Unit
Asheville Regional Office
One
NhCarolina
,11vah Club,
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Staff Report
Project Num: 20051001
Name: NCDOT - Sr 1640
County: Macon
Location: Buckeye Creek
Latitude: +35°04'56"
SW Plan Location:
Owner: NC DOT Division 14 -Andrews
Contact Person: Tippett, Lyndo
Version: 1 Status: On Hold
Project Type: Pave road
Region: Asheville
Otto
Longitude: -83°20'50"
Title:
Phone:
Inspection Date: 06110/2005 Entry Time: 11:00 AM Exit Time:
Reason for Inspection: Routine Inspection Type: Staff Report
On-Site Representative(s):
Primary Inspector: Michael R Parker Phone: 828-296-4500 Ext.4661
Secondary Inspector(s):
Question Areas:
Site Visit
Inspection Summary:
Site inspection conducted on June 10,2005. NCSR 1640 is to be graded, widened and paved. The stream (spring) relocation (240
linear feet) is in the existing ditch and is proposed to be relocated to the new ditch. This spring seep is very small and no aquatic life
was found in the ditch. There is very little substrate in the ditch. DOT plans to relocate the spring seep into the new roadway ditch but
will make a small channel. Mitigation should not be requied at this site.
It is recommended that WQ Certification Nos. 3404 and 3366 be issued.
The 401 Certification was issued on July 5 2005.
Page: 1
Project Num: 20051001 Owner: NC DOT Division 14 - Andrews
Inspection Date: 06/10/2005 Inspection Type: Staff Report Reason for Visit: Routine
Site Visit
Do impacts described in the application differ those seen in the field?
If yes, please describe differences:
Are the Intermittent/Perennial calls different in the application?
If yes, please describe differences, and how mitigation ratios are affected:
Are there additional impacts not described in the application?
If yes, please describe and quantify:
Were the impacts in place prior to the application for the 401 Certification?
Additional conditions recommended for the Certification:
Recommended project modifications:
Is this a modification request to an existing Certification?
Are there additional stromwater conditions that should be required due to the following classifications:
303(d)list, Class WS, NSW, ORW, HQW
Describe:
Is this a subdivision or otherwise part of a larger project?
If yes, what phase is this?
Are there prior impacts from prior phases?
If yes, what are the cumulative imacts for this project?
Possible secondary impacts noted:
Comment:
Yes No NA NE
? ¦ ? ?
? ¦ ? ?
? N ? ?
? ¦ ? ?
? ¦ ? ?
? N ? ?
? ? ¦ ?
? ? N ?
Page: 2
FROM :NCDOT ANDREWS DISTRICT OFFICE FAX NO. :8283213228 Jun. 27 2005 11:21AII P1
191 RobbU1G09 Rd.
Andmm, NC 2 AI
pfwne: 8U-321-4105
Fmc 82Ml-3228
I I MOA
Tie Mike Parker
North Carobn,*
"yNOFq' ?'S ?O
Os9N ?'q '?? O
??9?Rry
FAX 826-299-7043 Papaw 9
mom Dula OM7M5
RM CM
? urg=A d For Review ? Plems Cemmen! ? Pkmme Reply D 9Ptiao" Recycle
e Commsm m Attached acs drawings and emss-eam ins for Site *1 on SR 1640, buckeye Branch
Rd., in Macon County. The drawing for Sim- 1 was not 9* quate far the wet dlch rekocafian in the
oriSM psm* package. if you have any questions, piease cal me at 828-3214108.
1 lilt!
?1 ?I JUN 2 ._?.... '?.r
t
999 A - - .; U _ c
Frame Josh Deybn
FROM : NCDOT ANDREWS DISTRICT OFFICE FAX NO. : 8283213228
r
I
Jun. 27 2005 11:21Ahf P3
STP..?
TEMP,PIPE PLACEMENT
DURING ROADSIDE STRE&H
I
1
PROPOSED: I
I
RE-LOCATED -ROALDSIDE J•00 _ 4.00
STREAM 15.5' rROM
NEW CENTER DINE + 1 'EXISTING LOCATION OF
LT. STA.2+20 - 4+65 I ROADSIDE STREAM
. (2)
? I
1
I ' '
• t
. + I
STA. 2t?O REPLACE EXIST. 15" CMR
WITH NEW 18" CMV. LT. TO RT.
?
f RODNEY, LYNDA 13ULLOCH
160 OLD FARM AD.
I FAYETTEVILLE, Gtr. 30214
I (27
DORIS M. HENRY ' - w
3334 TESSENTEE R0.
FRANKLIN, N.C. 28714 1
I S It25
?.?xa I ?•oo
1.7' i (1•)
Nt1TE;. NOTE REDUCE RfW TO
?
,
17' nUE TO SHOD 18 51
I?
415'
FROM :NCDOT ANDREWS DISTRICT OFFICE FAX NO. :(3283213228 Jun. 27 2005 11:21A1q P4
, - - -
A W"Ll
ROAD 8113B.
-
S
TR L A M
,
V If- A..
1 - - ,
_
.1..
1
+-
1
`
•
-
r
-
L
I
i
I
_
-
;
-'
?..-?
:
I
t
-
-
?_r.
,
..
{ r -
. - - -'
, r
•' i
-1
- r7
1
r
-
_i
1
L
1
..
1
••
1 1
r•i r
1 r'
?
r '
1
1 I
1
1
1
1 I 1 - . i ? t . _ r_ ?_I
,_
t - - - - - r - - c-i- ? ; _{ r?'Y° : r- r r? 1 I ' 1
..i.. 1
1 1
I
1 1
?
I
I ,
1 1 , ,
Jill
-
!
T 1- 1 T- 7
• i
i
I 1 1
i
? F
1 1 t
` I
?
y
:
`
.. ? 1 I ?? + ? I•"? ! :r.: 'f`k• ; 7- ,? • ? ? __
-_-
1 l ;.. ?'; 1 1 . 1
7 7
?
'
?
_ I
'
'
? s..L.i
' .. '..-.--
T r.
1 I 1 1 1 1 I 1
+ ! ?
- ? !_i =...! '_I f f T I-_'_TI 'f•i•_?'? ?
? ? rT ? i i
1 1 1 1 I I I
~ 1 I
' rr l i • y I __L?_ I ! 1 .' I I . 1
?... .?-_-;_ • )
. 1 1 1 1 I I t 1 I 1 1 1 i IJ .` ?I I .?. . '?. {-.'? I : 1 •
1
-1 1 1
H
v 1
+
1 - - T _ ? ]= 1 _ '? ?
, + I I I I I r
17 i 1 1 1 1 1
H11 F1 1
I
.. .
- - I-
- - F -
1 1 - _?
FROM :NCDOT ANDREWS DI
1
14- 1 r< a L i tX r a tC r" ^ nu . tsG ts 3G 13 r?C J un. 2 7 200 5 11: 22A I`i P5
,
1
1
_ 4
1 . .
1•
-
_ 4
- - -- '?- - -- - - -r -- - , t-_
- I
-
- i _i -- _ - - -- 'AI - - _ - -
- - 1' - - - -
- - - - - 1 - - - -
.
1 t - 9
• ,-
-
_
? 1
_l.. L - - - - J -
_ -
- - - - - - - - - - _ _
- =I- - - I - - i -
_ -
- - - -
"y_ - -
_ _-
- - - - ? - -- - - - - 'I_ - - - _- - _ - _
- - - -- - - - - - - -
, -
- II
l
-
-
-
-
h
- 11 4
-
1'
__
-
-
-
-
'
-
-J_.
-
-
- - l
-
'
-
'
-
- -
a.
- 7 7
-
-
-
-
- -- I r - - I- ?.
Sd Wuzz : Z Z SDOz Lz 'Lmf ezz?iz?8zs : 'ON Xtd 3:I I ddO LJ I AILS IQ SPSNGNd 1O(I3N : WOiyd
FROM :NCDOT ANDREWS DISTRICT OFFICE FAX NO. :8283213228 Jun. 27 2005 11:26AM P7
W O
u
In U
?-- >- -I-
O L1J 4-
G 0
I<
Ic?yyJ
LJ- V) .
r?
V J
I
I
a' Q
O'
tai U
I
r
4- I
n, I W
O z c LX I LLI
I
i- O ?- i
D a(l) - --?.
U O+- `
L C t
(D r '
C U '
4-
i
X r
LIB C?? n
i
i
L 4-
+-
r r ... rrr?,, Q
-F-
CV -{- _• LJ
4-
tV
4 . (IV°
O
UJ
L
QD
w 4-
0
a L
O 0
nR off
FROM :NCDOT ANDREJS DISTRICT OFFICE FAX NO. :8283213228
,A4
col
w
ci?
i
4
•d. ?y
'a•
?
.
I o
?fi
M3
g
y
All I
a ?+
.(L I • ? m I
?
3C I
?
3 I •?
1
I I
11
Jun. 27 2005 11:25A11 PB
0
N z
z?
z 4-4
' z ? in
H
i
I
a {f G^
V
W
N2 t
IV-
P-?-W1°
0 41
FROM :NCDOT ANDREWS DISTRICT OFFICE FAX NO. :8283213228 Jun. 27 2005 11:27AM P9
4
_h
Nr
J
0
0
d
W
I-
N
C
O_
LL..
r
to
!L.
O
w
CL
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WQ Supervisor: Roger Edwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1640 County MACON
Project Number 05 1001 County2
Recvd From DOT Region Asheville
Received Date 611105 Recvd By Region
Project Type pave road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score °Index Prim. Supp. Basin Req. Req.
N714 Stream F7--@) N F__ 2-9-7 F_c-F_40,40E F F_ 294.00 F_-
N77, _, F_ PT O ?? F- 7 7 F_ F__ 40,401.
Mitigation Wetland
MitigationType - Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y (0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 350456 Longitude (ddmmss) 832050
Comments:
Project has been placed on hold for failure to submit a stream relocation plan for 245 linear feet of
relocation between Stations 2+20 and 4+65. On hold letter dated June 20. 2005,
cc: Regional Office
Central Office Page Number 1
051001
yd .v' ° ny
• STATE OF NORTH CAROLINA
JUN ?p
lyfTZ,NOSA SST RMQGAGI?`
DEPARTMENT OF TRANSPORTATION wAT4-p.QG
MICHAEL F. EASLEY
GOVERNOR
May 23, 2005.
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 14 and 33 Permit Application
SR 1640, Buckeye Branch Road
Macon County
State Project No. 14C.056009 (DWQ Minor Permit Fee $200)
Dear Ms. Pennock:
LYNDO TIPPETT
SECRETARY
lli,uLF V L
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and
pave SR 1640, Buckeye Branch Road, in Macon County. This proposal entails widening and
paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of
SR 1640 have been identified as necessary maintenance and safety improvements. Funds have
been allocated and NCDOT would like to construct this project during the 2005-paving season.
I am sending a pipe installation, a marked county map and USGS quad map and photographs.
We propose to install the 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 North Carolina Natural Heritage Database was checked for records of threatened or
endangered species. There are no records of threatened and endangered species listed for the
Buckeye Creek watershed. Additionally, there are no records listed for the adjacent watershed,
Wheatfield Branch. The impacts from this project will be minimal. For these reasons, this
project will have "no effect" on threatened and 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 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 to Buckeye Branch are perennial streams. The channels of these
streams are composed of sand and gravel and the channels lack vegetation. For these reasons,
Andrews District Office
191 Robbinsville Road, Andrews, N. C. 28901
Phone: (828) 321-4105 Fax: (828) 321-3228
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.
Specifically, NCDOT is requesting to relocate 245 feet of roadside seep (site #1). The seep will
be temporarily redirected through a metal culvert (site #2) and into Buckeye Creek while the new
channel is constructed. Also, we are proposing to replace two metal culverts in unnamed
tributaries to Buckeye Creek (DWQ Class C). Listed below is a summary of th° proposed
impacts.
Site No. Existing Proposed Condition Net Impacts
Station Condition
Site 1 Roadside Seep 245' of Relocated Roadside 0
2+20-4+65 245' See
Site 2 None Temporary 40' temporary
4+65 40'x 18" CMP
Site 3 20'x 15" CMP 30' x 24" CMP 10' impact
7+65
Site 4 31' x 24" CMP 30' x 24" CMP -1' impact
9+45
Permits Requested
1 otai Permanent Impacts 9 linear feet
Total Temporary Impacts 40 linear feet
Total Relocated Seep 245 linear feet
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 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, r
Joshua B. Deyton
County Maintenance Engineer
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. 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
Office Use Only: rtrt
1 Form Version May 2002
Q V `
USACE Action ID No. DWQ Noo 5 -- 1
kit ally pan.icuiar Rem is not appucaoie to inis 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: ibdeyton@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
Company Affiliation: County Maintenance Enjzineer
Mailing Address: (same as above)
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
III. Project Information
Attach a vicinity.' map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and'north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 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: Buckeye Branch Road SR 1640
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.056009
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 US 441
south to SR 1636, Tessentee Road. Turn left onto Tessentee and continue fora roximatel
3.6 miles to SR 1640. Buckeye Branch Road Vicinity map included with permit package
5. Site coordinates, if available (UTM or Lat/Long):See attached drawings of individual sites
(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): 1
7. Nearest body of water (stream/river/sound/ocean/lake):Buckeye Creek (Stream ID #: 2-9-7
Class C)
8. River Basin: Little Tennessee
(Note this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hLtp://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 and pasture with some residential dwellings
Page 2 of 8
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 extended. A roadside seep will be relocated 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:_ To upgrade the road to secondary road standards
and pave
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
Page 3 of 8
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:_ Two metal pipes will be
extended and one temporary pipe will be installed A roadside seep will be relocated
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
* T ict r•a 1, ;m ? rr
-11• - ......Fw.. ? F?u,,y -U ,.e„iiy icuipvtary 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 I-800-358-9616, or
online at httn://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
Site #1 Roadside seep 245 UT Buckeye Creek 6 inches P
Site #2 Temp. Culvert 40 UT Buckeye Creek 6 inches P
Site #3 Culvert 10 feet UT Buckeye Creek 1 foot P
Site #4 Culvert -1 feet UT Buckeye Creek 2-3 feet P
* T..ict each. impart c P„?.otot.. -A
---"- - ••••F°?-Fu..+ V1 j -U .uciuuy ictupOraiy 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.uses.2ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: 9 Permanent
40 Temporary
245 Channel Relocation
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
(if Name p Waterbody
applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A
L.uL Gacu 1111PWA Scparatcty MCI Wenury temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Roadway features were designed not to exceed North Carolina's minimum secondary roadway
standards. Therefore, impacts were minimized to the extent possible including pipe lenn hts
A wet roadside ditch will be relocated so that there is no net loss of channel.
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
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance -with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
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/stnngide.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.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): 9
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 6 of 8
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 213 .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
s uare feet
Multiplier
Required
Mitigation
1 3
2 1.5
Total
cone 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
Page 7 of 8
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
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 ravel 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 (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
s"- a 3 /05'
Applicant/ Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
! i9 )(fir''/ J." f t ?: I, f r
rte' '
t?
OmQ 111f F, x 5 th x tkl;
r / ? r
t?.. ?A .1?1 .k",f-? ?tti. ?• R ?;? i J t ?' "d E .. 4.
wY ° ?k? t
SR 1640
Buckeye Branch Rd.
Scaly Mt. Quadrangle
v1 / i
I, F 'Q "
tI
a'. x ,,.. ??/'? f ? 1''...?,r•''?r"',/fir ? „ +;a ,'t;?d.,c, { `'? y i. !l? -r
Name: SCALY MT Location: 035° 04'56.28" N 083° 20'50.16" W
Date: 5/26/2005 Caption: SR 1640, Buckeye Branch Rd.
Scale: 1 inch equals 1000 feet Macon Co.
1121 '
'22 1115
ZZMN
33
112J
Ct 111
N
1? 11O9?,I
i 1 107 1108 '
jv
1
f .S -2 2
1167
1106
rQ Al:
J
? Mulberry
r h
IbGy
?. 1
a
1
1640 r
41
634 1636
-
', 16 7•?? 1
` r
--50 ?.
1622 ' \s C
r BUCK V?)
F, 295
KNOB
16351624`fo
7
310 1623
O
b.A
C
O
O
0
V
c?c 1?
W
V
n
O
rr^?I
Vl
^I
O
?.?y1J
^I
O
O
• rl
. ry
C?
NO
V
C?
M?
AA
a?
V
O
d'
`O
O
a
0
4)
. P.4
Vl
CCU
??/
W
V
C?
M?
N+?1
4?
V
'?
?/
W
a
.?
M
?--?
A
C?.
....,
M
a?
.,.,
C?
?O
V
C?
M?
F?
V
V
V
O
0
C?
a?
a?
?t
a?