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HomeMy WebLinkAbout20070091 Ver 1_Application_20070117e,,. s'fiVFv~ ~y ,,,,. •~ r.n 'a mow,,. STATE of NORTH CAROLINA ~ ~~ ., v s~~., {Nn `tiv ~~~.~ r''s' ~~~4j~'~y., DEPARTMENT OF TRANSPORTATION ~a,±,,, MICHAEL F. EASLEY GOVERNOR January 16, 2007 Mr. David Baker, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 and Nationwide 33 Permit Application US 276 and SR 1118, Gallimore Road Transylvania County State Project # 36303 Dear Mr. Baker: ~~, LYNDO TIPPETT SECRETARY o~oosi The North Carolina Department of Transportation (NCDOT) is proposing to replace one existing metal culvert under US 276, and one existing metal culvert under SR 1118, Gallimore Road, in Brevard. The culverts have deteriorated from decades of use, resulting in the potential failure of the roadway and shoulder. In order to avoid these potential failures and to construct turn lanes to improve traffic flow near an elementary school, NCDOT is seeking a permit for the culvert replacements on this project. US 276 is a primary paved road, which carries a high volume of traffic. Gallimore Road is a secondary paved road, which conveys local traffic. I am enclosing a typical section of the road, drawings for pipe culvert replacements, a marked county map and a USGS quad map. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records of threatened or endangered species for the unnamed stream on the Gallimore Road replacement, which is not shown on the USGS quad maps. This stream is tributary to an unnamed tributary of the French Broad River, which intersects the US 276 replacement outlet at a junction box. Additionally, there are no records downstream in the French Broad River within 5 miles of the project site. The unnamed tributary is small (1-foot wide) at Gallimore Road and is small (2-foot wide) at US 276 and do not have sufficient flow to support mussels. The impacts from these culvert replacements will be minimal. For these reasons, there will be "no effect" on threatened or endangered species. The best management practices will be used to minimize and control sedimentation and erosion on this project. Water will be pumped around the work area to minimize erosion and sedimentation from the pipe trench. The construction foreman will review all sedimentation control measures during installation to ensure sedimentation is effectively controlled. If the planned devices are not functioning as intended, they will be replaced immediately with better devices. The sedimentation control devices will be in place prior to pipe culvert removal and remain in place until the new pipe is in place. Page 2 Impacts to Waters of the United States The unnamed stream on the US 276 replacement is shown as a perennial stream on the USGS topographic map. The stream is approximately 2 feet in width with awell-defined channel composed of sand and gravel substrate. The unnamed stream on the Gallimore Road replacement is not shown as a perennial stream on the USGS topographic map. The stream is approximately 1 foot in width with awell-defined channel composed of sand and gravel substrate. The channels lack vegetation. Leaf litter along both channels have signs of deposition. For these reasons, we believe that the streams are under the jurisdiction of the U.S. Army Corps of Engineers. In order to replace these culverts, it will be necessary to impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is requesting to replace and extend two metal culvert in unnamed tributaries to the French Broad River. (DWQ Class: B). Listed below is a summary of the proposed impacts. Site No. Existing Condition Station Site 1 ~ 75' x 30" CMP w/headwall Proposed Condition Net Impacts 80' x 36" CMP w/headwall 5' Site 2 150' x 24" CMP out of a catch basin 70', 30" CMP out of a catch basin I 20' Total Impact 25 linear feet Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act for 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. If you have any questions or need additional information, please contact me at (828) 891-7911 or Lori Jones at (828) 891-7911. Sincerely, ~ ~ ~~~ ~ Mark T. Gibbs, P.E. District Engineer Enclosures cc: Mr. John Hennessy, DWQ, DENR, Raleigh (7 copies) Mr. David McHenry, Mountain Region Coordinator, NCWRC Mr. Mike Parker, DWQ, Asheville (1 Courtesy Copy) 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, Mr. Jeffrey H. Moore, P.E., Transylvania County Maintenance Engineer, NCDOT File ,~~ . ~~° ~ ,, of waTF9 ~~~ Q~ ~ r -i a ~' Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401General Water Quality Certificatioies and Riparian Buffer and Watershed Buffer Ru US 276 and SR 1118, Gallimore Road Transylvania County ~~~ ~~• h~ ~'Q ~ ~-P l ~~~~ OF NCDOT, Division 14 Page 1 of 10 Office Use Only: ID N Form Version March OS No. 2007000 USACE Actton o. - (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecocestance 1 tter fromtNC ~PmcompEete sectpon VIIId, for mitigation of impacts, attach the a p and check here: 5. If your project is located in any North Carolinal Divisiontof CoastaloManagement Areaaof 4), and the project is within a Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information Owner/Applicant Information Name: North Carolina De artment of Trans ortation Mailing Address: 4142 Ha ood Road Horse Shoe NC 28742 Telephone Number: 828-891-7911 Fax Number: 828-891-5026 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mark T. Gibbs P.E. Company Affiliation: North Carolina De artment of Trans ortation Mailing Address: 4142 Ha ood Road Horse Shoe NC 28742 Telephone Number: 828-891-7911 Fax Number: 828-891-5026 E-mail Address: m ibbs dot.state.ne.us Page 2 of 10 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 maybe 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: US 276 and SR 1118 Gallimore Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): 36303 3. Property Identification Number (Tax PIN): N/ 4. Location County: Transylvania Nearest Town: Brevard Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From the intersection of US 276 and US 64 in Brevard take US 276 and o south a rox. 0.9 miles to the intersection of US 276 and SR 1118. The referenced i e at Site 1 is located 150 feet south of SR 1118 The referenced pipe at Site 2 is located on SR 1118 approx. 30 feet off US 276. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): Site 2: 35.22566°N 82.72509°W 6. Property size (acres): 7. Name of nearest receiving body of water: UT to the French Broad 8. River Basin: French Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~•//h2o enr state nc us/admin/maps/.) Page 3 of 10 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mixed use 10. Describe the overall project in detail, including the type of equipment to be used: The existing pipes have deteriorated from decades of use resulting in the possible failures of the roadwa and shoulders. The existm i es will be excavated and re laced. Cross i es will be re laced/extended to accommodate turn lanes and standard shoulder widths for safety. A backhoe loader, dump truck and standard hand tools will be used to com lete this work. 11. Explain the purpose of the proposed work: The crosspipes will be replaced/extended t_o prevent failure to the shoulders and roadway and due to the proximity to an elementa school turn lanes will be added. 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 USAGE 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an Page 4 of 10 accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: In order to construct the project in accordance with our current secondary road standards it is necessary to impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is requesting a permit to extend/replace 1 culvert in an unnamed tributary to an unnamed tributary to the French Broad River (DWQ Class B) Impacts are listed in tables below. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Impac Site Number Type of (e.g., forested, marsh, 100- ear y Flood lain p Nearest Stream (acres) (indicate on Impact herbaceous, bog, etc.) (es/no) (linear feet) ma) ~ N/A Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Page 5 of 10 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Impact Type of Waterbody (lake, pond, estuary, sound, Area of Impact Site Number indicate on ma) (if applicable) ba ,ocean, etc. (acres) N/A 0 Total Onen Water Impact (acres) ~ 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.00069 Wetland Im act (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.00069 Total Stream Impact (linear feet): Permanent 25 Total Stream Impact (linear feet) _Temporary 170 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/. Size of watershed draining to pond: N/A Expected pond surface area: NJA Page 6 of 10 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The pipes are being extended the minimum required to install turn lanes Water will be diverted during the installation of the pipe to minimize sedimentation The pipe will be placed below the stream bottom to minimize fragmentation of aquatic habitat. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe 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 Page 7 of 10 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http•//h2o.enr.state:nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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. Page 8 of 10 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No Page 9 of 10 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at htt~•//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 12 ~ Applicant/Agent's Signature Dafe (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 r N O t 0 N a+ d O r d X O C. Q t4 ~~-. A r N C ~ ~V Z o R .a ~ 'c c m ~ ~ co C >, ~N £ c zin~t~i= C J c a~ U d. 0 a c ~x W N N W ~ ti c rn - ~ O a~ c ~ x 0 - ~ 3 ~ 0 at°i m c ~ c ~ ~ ~ O (0 _ C a 3 U ~ o M ~ ~ ~ ~ iO ~ a m a- o c ~ a N U -~ W M ~ ~_-c~ ~ ~ N a~w ~ 3 « W ~ ~ C ~ N C a~ U C f0 N a~ c_ o rn ~ c ~° c ~ ~ 'X C a~ ~ O O ~ T -° 3 ~ w 0 0 L ~ ~ ~ ~ O ~`- w ~ O ~ N ~ ~+ Q ~ ~ ~. ~ i N ~ 0- ~ C Q ~ 3 ~ N N (B U N O ... O C c .~ m N 0 d 3 m m 0 M d a K 0 a °: ~. c M 3 M ~ U Z O N -a ~ ~C ~ ~ O ~ N r £ C zcnv~t~t- a~ c J O C O U a 0 a O C N 'x w N O W ~ N c ~ a~ c x 0 c 0 U C 7 a ~ ~, U ~ N ~ N p O ma O C ~ Q. N U -o w c°o ~ rn U O '.C-. (0 I~ ~ N ~ W ~ 3+ N w ~~ c rn -rn i O C .N c6 .n O U o .~ ~ U ~ o c ~X '~ O ca 0 3 ~ o ~~ ~ a, o •` `~ o o E o o '~ N ~ ~ N a 'a c~ E c ~ M a'~ ~ o_ c Q ~, v~ a~ 3 ~- N f9 H a~ ~a U N O ... O C m C .3 Transylvania County SR 1118 - Gallimore Road NW 14 and NW33 Sites Site 1 ~" ,, ,; ~: ~` :u~: _. Inlet Site 2 Outlet Outlet Inlet .~ ~- ~ ,~ „~ ~ ' `~i'~ ,, ~~ SF. ~~ ~~'r ~ , ,~ tix. 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