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HomeMy WebLinkAbout20170638 Ver 1_U-5105_permit modification request Feb2020_20200221'PTZp STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR February 21, 2020 Ms. Crystal Amschler U. S. Army Corps of Engineers NCDOT Regulatory Project Manager 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Modification Request for General Permit 31 Verification Action ID SAW 2012-00203 and DWR 20170638 NC 225 at SR 1779 (Shephard Dr.) and SR 1164 (Erkwood Dr.) Unnamed Tributary to King Creek, Henderson County, NC TIP No. U-5105, State Project No. 410903.1.1 Dear Ms. Amschler: JAMES H. TROGDON, III SECRETARY The North Carolina Department of Transportation (NCDOT) is requesting modification of its authorization for improvements to NC225 South of downtown Hendersonville, NC to cover unavoidable temporary impacts in the same footprint of previously approved impacts. During the installation of utilities (sewer lines) under the road system, the final inspection of these utilities did not pass inspection from the Town of Hendersonville. In order to effect repairs of these utilities, the UT to King Creek will require the removal of banks stabilization and floodplain benches to facilitate the excavation of these sewer lines and relaying them, such that they will pass the requirements of the Town of Hendersonville. Temporary dewatering and replacement of permanent stabilization will be required in order to complete the necessary repairs. The impacts associated with these repairs are noted in the table below in bold and are identified in the supplied drawings. Impacts to Waters of the United States The UT to King Creek has well-defined channel is shown on the USGS topographic map. King Creek (DWR Class: C) is shown on the USGS topographic map as a perennial stream. It has a 10' wide channel with a sand and cobble bed. King Creek flows on to the French Broad River via Bat Fork Creek, Johnson Drainage Ditch, and Mud Creek prior to the it's discharge into the French Broad River, which meets the definition of a Traditional Navigable Water (TNW). For these reasons, we believe King Creek and its tributaries is a Relatively Permanent Waters and under the jurisdiction of the U.S. Army Corps of Engineers. In order to complete the project, it was necessary to impact waters of the United States in the French Broad River Basin (CU 06010105). Listed below is a summary of the impacts, including in bold the additional impacts for which authorization is now requested: Mailing Address: Telephone: (828)586-2141 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (828)5864043 NC DEPARTMENT OF TRANSPORTATION Division 14 Customer Service: 1-877-368-4968 Division 14 253 Webster Road 253 Webster Road Sylva, North Carolina 28779 Website: www.ncdot.gov Sylva, North Carolina 28779 U-5105, Henderson County Page 2 February 21, 2020 Net Site No. Surface Water Proposed Condition Impacts Station (linear feet) 1 UT to King Creek Dewatering and Culvert Extension 257' IA UT to King Creek Construction of floodplain benches 55' 2 UT to UT to King Creek Installation of Culvert Extension 60' Temp dewatering (100') and open cut of stream (30') at the inlet end of box 1 UT to King Creek culvert to facilitate re-laying of sewer 0' line. All bank stabilization and flood lain benches shall be reinstalled. Temp dewatering (100') and open cut of stream (30') at the outlet end of box 1A UT to King Creek culvert to facilitate re-laying of sewer 0' line. All bank stabilization and flood lain benches shall be reinstalled. Compensatory Mitigation As there will be no resulting permanent impacts with this activity, no additional mitigation is proposed. Permits Requested NCDOT hereby requests authorization under Section 404 of the Clean Water Act. NCDOT requests authorization for the project under Section 401 of the Clean Water Act from the North Carolina Department of Environmental Quality, Division of Water Resources (DWR). Please contact me at (828) 586-2141 if you have any questions or need additional information to evaluate this request. We regret that this stream was missed during field reviews and that additional permitting was therefore needed for this project. Srijr "d by: ►Cw;. H FA44'ty FGA7 88622Ct - evm arnet Division 14 Environmental Specialist Enclosures cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh U-5105, Henderson County Page 3 February 21, 2020 Mr. Kevin Mitchell, Division of Water Resources, DEQ, Asheville