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HomeMy WebLinkAbout20071056 Ver 1_Application_20070618ar • s"` ~~~~ STATE of NORTH CAROLINA '~Qt. 4(,,:.. ~I<, . ~. ~~~~, „q~~h' DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERrrOR May 31, 2007 Mr. David Baker, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: General Regional Permit 31 Bridge Number 188 over Knob Creek, SR 1145 In Jackson Countylf~~ ~ ~...~Q~ a. (~ ~~ ~ ~ Dear Mr. Baker, LYNDO TIPPETT SECRETARY 071056 The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 188 on SR 1 I45, over Knob Creek (WS-III, Tr.), in Jackson County. The existing bridge is a single span steel beam and concrete abutment structure with an overall length of 39 feet. It was determined that in the interest of public safety, that this bridge be widened due to insu~'icient width. The proposed change is to widen the bridge six feet tv the downstream side and to retain its original length. The concrete footers will be sawed and doweled to provide the extra width. Construction will be phased to allow traffic to flow on the half of the existing bridge while the other half is built. Sandbag cofferdams will be used to ensure a clean, dry area, and 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 federally threatened and endangered species. There are no records listed for the vicinity of the bridge or within the Knob Creek watershed. Additionally, there are no records listed for Norton Creek watershed. Lake Glenville has destroyed stream habitat approximately 1300 feet below the project. wluttier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Teiephone(828)497-7953 Faz(8Z8~97~095 The project consists of upgrading an existing spanning structure. In water impacts will be limited to temporary cofferdams; therefore, impacts from this project should be very minimal. For these reasons, we believe this project will have "no effect" on threatened and endangered species. Impacts to historic or cultural resources are not amicipated. If the State Historic Preservation Office (SHPO) and the Office of State Archaeology determines that fiuther 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 aze not functioning as intended, they will be immediately replaced with better devices. Impacts to Waters of the United States Knob Creek is shown as a perennial stream on the USGS topographic map. This stream has sufficient flow to support trout and other fish. The stream has awell-defined channel composed primarily of cobble and gravel. The channel lacks vegetation. For these reasons, we believe this stream is under the jurisdiction of the U. S. Army Corps of Engineers. In order to construct the project in accordance with our Current Bridge Maintenance standards, it will be necessary to temporarily impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to replace Jackson County Bridge No,188. Listed below is a summary of the proposed impacts. Site No. Station Ezisting Condition Proposed Condition Net Inn acts Site 1 A: 20' wide free flowing stream Free flowing stream w/temporary 60 ft2 with 39' long bridge. cofferdam 6' wide by 10 feet long and 24' wide x 39'lon s brid e Site 1B 20' wide free flowing stream Free flowing stream w/temporary 60 ft2 with 39' long bridge cofferdam 6' wide by 10 feet long and 24' wide x 39'lon s annin brid e Total 'temporary Impact 120 ftz 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 Cazolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Teiephone(828)497-7953 Fag(828)497-6o9S Also, by copy of this letter, I am requesting authorization under Section 4~I 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 requesting 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) 497-7953. Your early review and Consideration will be greatly appreciated. Sincerely, ~~ l Chris Lee, EI Division 14 Bridge Maintenance Engineer cc: ~OIr. John Hennessy, DWQ, DENR Raleigh (4 Copies) Mr. Mike Parker, DWQ, Asheville Regional Office Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr. Joel Setter, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Divitsion Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Whittier Bridge Maintenance,178 Henry Bird Rd., Whittier, NC 28789Telephone(828)497-7953 Fag(828)497-6095 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to tlvs project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check alI of the approval(s) requested far this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Sectiton 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Numbers} Requested: CP-31 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information Owner/Applicant Information Name: NC De~utment of Transportation c/o C D Lee Mailing Address:_ 178 Henry Bird Rd. Whittier, NC 287$9 Telephone Number: 828-497-7953 Fax Number: 828-497-6095 E-mail Address:_ cdlee ,dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: N/A Mailing Address:_ N/A Telephone Number: N/A Fax Number: N/A E-mail Address: N/A III. Project Information Page 1 of 8 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: Bridge. Number 188 aver Knob Creek on SR 1145 in Jackson County; 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIl~: N/A 4. Location County: Jackson Nearest Town: Tuckasegee Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.}: From Tuckasegee. proceed approximately 8.1 miles South on NC107 to SR 1157 fCullowhee Mtn. Road) Turn right. Then trave13.2 miles to SR 1145 Norton Road} an left. Proceed 4. I miles to site. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.} Decimal Degrees (6 digits minimum): 35.1547° N 83.1529° W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Knob Creek~'WS-III; TrJ 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 http:/Ih2o.enr.state.nc.us/adminimaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The geeseral land use in the area is residernial and farmland. Page Z of 8 10. Describe the overall project in detail, including the type of equipment to be used: Bridge #188_ in Jackson County is a single span steel beam bridge that we are proposing to widen using existing and some new materials. The footers will be doweled and extended 6' downstream. The bridge will be .stage constructed to maintain traffic with the upstream remaining open to traffic, and the downstream being. widened. Backhoe. boomtruckz powertools, handtools, etc. will be used. 11. Explain the purpose of the proposed work: To update the bridge by .widening to new two lane standards in conjunction with the rebuilding of the roadway. 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. 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. N/A VL 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 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 ar description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: There will be Temporary Page 3 of 8 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 Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream ear feet) Area of Impact (acres) N/A NIA Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 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 acres e, multi 1 len h X width, then divide b 43,560. Stream Impact Average Stream ~Pa~ Area of Number Stream Name Type of Impact Perennial or Width Before Length Impact (indicate on map) Inten~ittent? Impact (linear (acres) feet Temporary 20' Stream Width ' lA Knob Creek Cofferdam Perennial (6' Cofferdam) 10 0.04138 1B Knob Creek Temporary Cofferdam Perennial 20' Stream Width (6 Cofferdam) 10' 0.00138 Temporary Total Stream hnpact (by length and acreage) N/A 0.00276 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the. U. S.). Open water impacts include, but are not limited to fill,, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (~ applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of l:mgact acres N/A Total Open Water Impact (acres) NIA Page 4 of 8 6. List the cumulative impact to all Waters of the U. S. resulting from the protect: Stream Im act acres : Tem ora .00276 Wetland Im act (acres): N/A en Water Im act acres : N/A Total Impact to Waters of the U. S. acres) Tem orary .00276 Total Stream Im act inear feet): N/A 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 USAGE. N/A 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, excavatioq installation of draw-dawn valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigatioq aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A~ Expected pond surface area:_ N/A VII. Impact JnstifiGation {Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to sits constraints such as topography, building ordinances, accessibility, and f nancial 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. .Silt. fence will be used around the protect to reduce run-off into the stream. Anv potential impacts from offsite sedimentation from the project site will be avoided ~y,the implementation of appropriate BMP's. (See manual and attached Erosion Control Dial ~. VIII. Mitigation DWQ - In accordance with I SA 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 5 of 8 USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required far this project, a copy of the mitigation plan must be attached in order for USAGE 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/ncwetlandslstrmgide.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. 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:1/h2o.enr.state.nc.us/wrp/index.htm. If use ofthe NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland, mitigation requested (acres): 0 Page 6 of 8 IX. Environmental Documentation (required by DWQ} Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) 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 ^ ~. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ} Tt 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 applicaxrt's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), l5A NCAC ZB .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or ,other (please identify . N/A )? 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* 1 .impact Multiplier Required 2 Total * Zone 1 extends out 30 feet perpendicu additiona120 feet from the edge of Zone 1. 3 (2 for Catawba) 1.5 the top of the near bank of Zone 2 extends an ~ 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. N/A Page 7 of 8 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°/a, please provide calculations demonstrating total proposed impervious levei._The drainage area for the creek is approximately 90-95% forest and woodlands. Silt fences, check dams, and other applicable erosion control devices will be used around the project to reduce any off-site, ar in stream sedimentation. 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. No wastewater will be generated from the project. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http:/1h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The bridge is being r_Qaired due to age_and condition. It is being_widened tv make it safer. These slight improvements should not increase the potential for secondary development. 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). N/.A Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 c~~ •:~' ~" ~-- -~ ~ ~.,~ , Q " ~ .~ ~ _.- fins lF a ` ~'-`~ ~--_ .•'' `~._.~-' ", ~ , -~ .-•" ' q= " .; 55:i ~ - i ~ ~/ / Gtr ~qo ,~ r ~ ~ ii , ye6~,~'" _ •,i . } ~S a ,.__.~ _ /(//'' ~' / H ).. /fig ,} ~ ~. u _ ~"' } • 1 , r rr } ~~ ~ Q" `~-~ r /~/// is ivtile i ~.. ~ ~ - ~ +' ~-~--.-~ - ~ r_• ~n y j ~ r', ..°. 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