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S I~.ATE c~~ NORTH CAROLI~;A
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
Govt~atrvoa
Si citr r ~itti
PO BOX X279, ASEIEVILLE. NC 28802
April 3. 2008
Mr. David Baker
US Army Corps of Engineers
151 Patton Avenue. Room 208 0 Q O
Asheville, NC 28801-006 Q
Subject: Nationwide Permits # 14
SR 1194, Allen Banks Road
State Project No. 130.0>71 12 (DWQ Minor Permit Fee $240)
Madison County. NC
Dear Mr. Baker:
I have enclosed astraight-line diagram with erosion control plan, a PCN application for
NWP #14, and a vicinity map relative to the proposed project on SR 1 194 Allen Banks
Road. Madison County. NC.
Allen Banks Road is currently a 12-14 feet wide gravel road. Division of Highways
plans to pave the road 18 feet wide and increase the t~~pical section. Grading will be
light. y
We propose to extend one (1) pipe culvert on an iTf to Brush Creek. Total culvert
extension will be 10 linear feet with a temporary impervious dike for dewatering during
installation. The UT is an approximately 1-toot wide spring feds stream with sand/silt
substrate and very little flow.
No stream relocation will be performed for the project. F_,xisting channel morphology
will be maintained upstream and downstream of the culvert. The culvert will be placed
below existing streambed elevation ~tihenever possible. Riparian vegetation will be
reestablished along disturbed areas associated with the culvert extensions. Stormwater
will be diverted through grass-lined ditches ur vegetated buffers prior to entering streams.
Mr. David Baker
Page -2 SR l 194, Madison County
April 3, 2008
No effect on federally listed species (threatened or endan~~ered) or their habitats is
anticipated.
As a part of the 401 Certitication process. a copy of the application will be for~yarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request David McHenry. North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
By copy of this letter, we are asking Ed Ingle, Area Roadside Field Operations Engineer,
to comment on the above project. The UT of Brush Creek is not classitied as trout. A
buffer variance will not be required for the project.
By copy of this letter, I am forwarding four (4) copies of the application package to Brian
Wrenn, NC Division of Water Quality, 401!Wetland Unit and an additional copy to Mike
Parker, NC DWQ Asheville Regional Office for review and comment. Please charge the
application fee of $240.00 to WBS element # 130.057112. Please forward comments
directly to the Corps with copy to Division 13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. ]f you have any
questions or information needs, please contact me at (828) 2~ 1-6171.
Sincerely,
Roger D. Bryan
Division 13 Environmental Otticer
Enclosures
cc: .1.,1. Swain, Jr., P.F..
MK Calloway
Ed Ingle. CPESC
David Mcf-lenrv
Brian w'renn
Mike Parker
Office Use Only: f=orm 4'~rsion \larch I1~
20080643
USACE Action ID No. DWQ No.
(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
NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, 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: ^
lI. Applicant Information
Owner/Applicant Information
Name: J.J. Swain, Jr., P.E., Division En Tig ricer
Mailing Address: _ _ NC Department of Transportation
P.O. Box 3279
Asheville, NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-2~ 1-6394
E-mail Address: rdbrYan!a;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.) N/A
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion.
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format:
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1194, Allen Banks Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 13C.0571 I2
3. Property Identification Number (Tax PIN)
N/A
4. Location
County: Madison Nearest Town: Marshall
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, Landmarks, etc.): SR 1194 is located off of
US 25/70 near the NC DOT Maintenance Yard (see map).
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):
35.8125° N 82.6926° W
6. Property size (acres): 2.8-Acres
7. Name of nearest receiving body of water: UT to Brush Creek (Class C)
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 http://h2o.enr.state.nc.us/adminlmaps/.)
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 site is an existing gavel road. Surrounding properties
are forest, and very low density residential.
Page 2 of 9
10. Describe the overall project in detail. including the type of equipment to be used: We
propose to grade, drain, base. pave and install erosion control measures for SR 1191 Allen
Banks Road. The equipment to be utilized includes an excavator, backhoe. and trucks.
1 1. Explain the purpose of the proposed work: We propose to grade, drain, base, pave and install
erosion control measures for SR 1191. VVe propose to extend an existing, 40• pipe by 10 feet.
The additional pipe is necessary to widen the road to the required typical section. A small
impervious dike will be constructed for dewaterin~ during_pipe extension. Total culvert
extensions will be 10 linear feet. The culvert will be installed to insure aquatic life passa~~e
within the streams.
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.
No, no future plans.
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
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.
Page 3 of 9
1. Provide a written description of the proposed impacts: We propose to extend one (1) pipe
culvert on an UT to Brush Creek. Total culvert extension will be 10 linear feet.
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 Hooding.
Wetland Impact
Site Number
(indicate on map)
T e of Im act
yp p T}pe of Wetland
(e.~;., forested, marsh,
herbaceous, bob, etc.)
` Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres}
N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0
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.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
LenUth
(linear feet) Area of
Im act
(acres)
Site I (26+25) UT to Brush Creek Pipe Culvert Perennial
1' 10 0.00023
~ Site I (26+25) UT to Middle Fork Temp. Dewaterin~ Perennial I 60 O.OOI~t
Page 4 of 9
Total Stream Impact (by length and acreage) ~~' 0.0016
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
till, excavation, dredgin~~, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the oroiect:
Stream Impact (acres): 0.0016
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.00]6
Total Temporary Stream Impact (linear feet): 60
Total Permanent Stream Impact (linear feet): 10
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond.
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 5 of 9
VII. [mpact 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. The existin~~ secondary road
must be improved to meet current safety standards for paved roads The pipe culvert e~ctension
requested is the minimum necessary to establish an appropriate typical section for the roadway
Riparian vegetation will be established on disturbed areas associated with the project
construction.
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 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/stnncide hurl.
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 -nethod of construction. Please attach
a separate sheet if more space is needed.
Page 6 of 9
We do not feel that miti<~ation is warranted due to the minimal impacts of the pipe culvert
extension. Additionally, pavinU of the roadwav should eliminate sedimentation from fines
associated with gavel roadwav and provide a ve~7etated shoulder to buffer runoff
If required, we propose to utilize the Ecosystem Enhancement Program (EEP) for the
mitigation requirements for the proposed impacts NCDOT will be coordinating with the
EEP to obtain the appropriate mitigation credits if required
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicants responsibility to contact the NCEEP at
(9I9) 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):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 aNEPA/SEPA document is required, call the SEPA
coordinator at (9I 9) 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) - N/A
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 7 of 9
Will the project impact protected riparian buffers identified within 15A NCAC 2B .023
(Neuse). 15A NCAC 2B .029 (Tar-Pamlico), I ~A NCAC 02B .0243 (Catawba) I ~A NCAC'
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identity- )? 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 Multiplier Required
(square feet) Miti<iation
~ 3 (? for Cata~~~ba)
~ 1.5
Total
* "Lone I extends out 30 legit perpendicular from the top of the near bank ofchannei: Zone Z extends an
additional 20 feet from the edge of 7.one 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. The existing compacted gavel roadway acts as
an impervious surface. Paving of the roadwav should eliminate sedimentation from tines
associated with gravel surface treatment The roadwav surface will be 40% of right of wav
acreage. Stormwater will be diverted through settlinti basins or grass lined buffers prior to
enterinti the streams.
XI1. 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
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 ~A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No ^
Page 8 of 9
Is this an after-the-fact permit application'? Yes ^ No
XIV. Cumulative Impacts (required by DN~Q)
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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
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).
With regard to hazardous spill basins the road is not classified as an arterial route• therefore
hazardous spill basins are not required
;~ Applic+><nt/Agent's Signature % ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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Name: MARSHALL Location: 035.8113439° N 082.6925975° W
Date: 3/31/2008 Caption: SR 1194/Allen Banks Road
Scale: 1 inch equals 1000 feet UT to Walnut Creek
Madison County, NC
Copyrigh~ rC) 1998. Maptech. Inc
Figure 1. SR 119, l'T to Brush Creek, Station 26+2~. Madison Count~~, NC.
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT: SR 1154, Allen Banks
LOCATION: From US 25/70 to Bus 25/70
WORK TYPE: Grade, Drain, Base and Pave
WORK ORDER: 130.057112 PRIORITY: 17
COUNTY: Madison TOWNSHIP:1WIarshall
DATE 03-24-08 SCALE: 1" = 50'
NOTES: Existing 60' R/W
Length :2056 ft / .39 mi
PREPARED BY: JSA/JPR/JMD
Page 1 of 2
PIPE DATA SR 1194, Allen Banks Rd.
County:
Madison WURK URDER :130.057112
STATION PRESENT
SIZE PROPOSED
SIZE NOTES
10+80
12+50
14+55
25'x15" CMP 60'x18"CMP
25'x15" CMP
25'x15" CMP Proposed Cross Pipe
Drive Pipe) Clean or replace
Driveway Pipe
17+00 40'x15" CMP 40'x18"CMP Cross Pipe
21+47
26+25 40'x18" CMP
40'x18" CMP
50'x18"CMP Cross Pipe
Cross Pipe Ext 10', Wet pipe
26+30
27+30
30+42 15"x15" CMP
40'x15"CMP
15'x15" CMP
40'X18"CMP Driveway Pipe
Driveway Pipe
Cross Pipe
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