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HomeMy WebLinkAbout20081556 Ver 1_Application_20081010project with a Biological Conclusion of "No Effect" on federally listed threatened and endangered species and/or their critical habitats 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 Impacts to Waters of the United States In order to construct the project it will be necessary to temporarily impact waters of the United States in the Little Tennessee River Basin Specifically, NCDOT is requesting to place temporary fill (precast concrete blocks) in the West Fork Tuckasegee River a TNW (DWQ Class WS-III, B, Tr) Listed below is a summary of the proposed impacts Site No. Existing Condition Proposed Condition Net Impacts (Temporary) Site 1 N/A Place 2' x 2'x 6' precast 144 sq ft concrete blocks in the W (36 linear feet) Fork Tuckasegee River (4' wide x 36' long) Total Impact (Temp) 144 sq. ft. 0.01 Acres Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above By copy of this letter, I am asking Mr David McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ) In addition, I am asking Mr McHenry and Mr Ed Ingle, (NCDOT) to comment directly to me concerning this permit request If you have any questions or need additional information, please contact me at (828) 586-2141 Your early review and consideration will be greatly appreciated Sincerely, Mark S Davis, Environmental Program Supervisor B-4161 Page 3 October 7, 2008 Enclosures cc Mr Brian Wrenn, DWQ, DENR, Raleigh (4 copies) Mr Mike Parker, DWQ, DENR, Asheville Mr David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr Troy Wilson, Biologist, USF&WS, Asheville Mr Joel B Setzer, PE, Division Engineer, NCDOT, Sylva Mr C R Styles, PE, Resident Engineer, Whittier Mr E L Ingle, Roadside Environmental Field Operations Engineer, NCDOT Office Use Only Form Version March 05 20081556 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Appticabte" or "NIA' ) 1. Processing 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 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, 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 North Carolina Department of Transportation Mailing Address 253 Webster Rd Sylva, NC 28779 Attn Mark D Davis Environmental Program Manager Telephone Number 828-586-2141 Fax Number 828-586-4043 E-mail Address markdavis@ncdot gov 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 E-mail Address N/A Fax Number N/A 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 Replace Bridge No 211 on SR 1132 over West Fork Tuckasegee River 2 T I P Project Number or State Project Number (NCDOT Only) B-4161 3 Property Identification Number (Tax PIN) N/A 4 Location County Jackson Nearest Town Cullowhee Subdivision name (include phase/lot number) N/A Directions to site (include road numbers/names, landmarks, etc ) From Asheville, Proceed west on I-40 to exit 27 Proceed on US 19/74 to Exit 85 at Sylva Proceed into Sylva to the intersection of NC 107 Proceed South on NC 107 to SR 1132 approximately 1 mile south of the intersection of NC 107 and NC 281 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) Site #1 35 1506° N 83 0749°W 6 Property size (acres) N/A 7 Name of nearest receiving body of water West Fork Tuckasegee River (DWO Class WS- III B Tr ) 8 River Basin Little Tennessee (Note - this must be one of North Carolina's seventeen designated mayor river basins The River Basin map is available at http //h2o enr state nc us/adman/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 Rural residential and woodlands Page 2 of 8 10 Describe the overall project in detail, including the type of equipment to be used Bridge replacement project on new location which will require the installation of a temporary work platform in the West Fork Tuckasegee River Equipment to be used is trackhoes, cranes, piledrivers bulldozers and dumptrucks 11 Explain the purpose of the proposed work To replace an obsolete single lane bridge structure with a new two lane concrete and steel structure The temporary work platform is required because the old single lane truss bridge will not support the weight of construction equipment to access the west side of the river A crane can be placed on the work platform to drive the piles necessary to construct the abutment and place the steel I-beams 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 mmtmgatmon (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 project9 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 nprap 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 (mnternuttent 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 The impacts associated with this project are minor Precast concrete blocks will be placed on the river bottom in order to set the temporary work platform which will be removed following construction 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 ma) Type of Impact Type of Wetland (e g ,forested, marsh, herbaceous, bog, etc) Located within 100-year Floodplam (yes/no) Distance to Nearest - Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 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, np-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 Pere Average Stream Impact Stream Impact or Width Before Length Area of Number Stream Name Type of Impact mittent Intermittent Impact (linear Impact (indicate on feet) (acres) map) Site 1 West Fork Temporary Fill Perennial 40' 4'x 36' 0 01 Tuckasegee River 4' x 36' = 144 sq ft 144 sq ft Total Temporary Impacts 36' 001 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, dred2in,, 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 N/A N/A N/A N/A Total Open Water Impact (acres) N/A Page 4 of 8 6 List the cumulative impact to all Waters of the U S resulting from the project Stream Impact (acres) Temporary 0 01 Wetland Impact (acres) N/A Open Water Impact (acres) N/A Total Impact to Waters of the U S (acres) Temporary 0 01 Total Stream Impact (linear feet) Temporary 36' 7 Isolated Waters Do any isolated waters exist on the property9 ? 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/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 A temporary work platform is required because the contractor cannot get heavy equipment to the western streambank because the old single lane truss bridge will not support the weight Precast concrete blocks were selected to minimize impacts to the streambed Any potential impacts from sedimentation downstream of the protect site will be avoided by the implementation and maintenance of appropriate BMP's - Page 5 of 8 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/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 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 websrte 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) N/A 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) 1 Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No E] 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 Cleannghouse9 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 1 Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233 (Neuse), 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 N/A )? Yes ? No 2 If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers If buffer rmtigation is required calculate the required amount of mitigation by applying the buffer multipliers Zone* Impact Multiplier Required (square feet) Mitigation I 1 3 (2 for Catawba) 2 15 Total I I I * 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 (le, 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%, 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 N/A 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 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 quality9 Yes ? No If yes, please subnut 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 This bridge replacement project should not result in any additional development in the area It only involves the replacement of an obsolete bridge structure XV. Other Circumstances (Optional): It is the applicant's responsibility to subn-nt 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 Jll,e 2) /?/ /U- 7'z2,9 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 W 0 T O d E c°.I m Y U o M O o z 2 5 c e 0 c co C U r. m m x 0?U mJ a co ca p 2 E_ 61M -j c n c m m?w31r ioom? ONOO 1 I co I 1 rn ¢Z 1 O uOl C K zWZQ ¢ U 1 LL R LL W 11 z URRRU z y O w O F co Cl) LL 0 co C7 0 1 z z N 1 W m W 1 m N m 1 1 1 l ? p Y LL a x x m \?= LL q pry riy 1. 1 0 II IXF? 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Z L (i v ) W W ?.I L7 (t a a 2 Q J? .y ? 1- I- rl 41 wrlil u, to a F- ? ( v -?`+ ucc.r o. ?cL i i C` 1 I I- LJ? U) i C _l i? vs, \ ? L \ 1 J' I 013- 08' p0. 0" W 0 3° 07' i 0. 0 0 3° T Q DO- F ' \4 rP 1 ; { z 1 1 ?? - l 4 , 1 4 o ! ` y o o B 1641 ter'' r Project Site o ti y C -` o r 1,? ] _ -, • ti'i 14 ° . r eel f Ilk. 76 ' K ? \ ? J ? !31 A + 23 ? _ r -`•,.?? =-_ , % + ' 11 ,' }"i Cy- O it Ir/ - r 1 7 I i , Ira- O O +r' II*'jr ?? II ^_?. _ ' P 171 .' ?. +?, ?? _ J+ I• / it , cy) cy) - 0 3° b8' P 0.00" ?N 0 3° 7' O.60" ?N ! 0 3° 67' 0. 0" Name: SYLVA SOUTH Location: 035° 15'06.42" N 083o 07'40.66" W NAD 27 Date: 10/7/2008 Caption: B-4161 on SR 1132 Scale: 1 inch equals 1000 feet West Fork Tuckasegee River Jackson County Copyright (C) 1997, Maptech, Inc.