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HomeMy WebLinkAbout20021247 Ver 1_COMPLETE FILE_20020808O? W A rz9P October 3, 2002 DWQ# 02-1247 Haywood County Mr. Chet Hollomon Southeastern Jurisdictional Administrative Council of the United Methodist Church P.O. Box 67 Lake Junaluska, NC, 28745 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Hollomon: You have our approval, in accordance with the attached conditions, to place fill in 145 linear feet of Haw Creek and to construct a temporary 56-foot diversion of Richland Creek in order to construct dam repairs at Lake Junaluska near SR 1375 in Haywood County, as described in your application received by the Division of Water Quality on August 7, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change.your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland and/or stream fills for this project (now or in the future) including future phases of this subdivision exceed one acre or 150 linear feet of perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The culverts must be designed, constructed and placed to allow aquatic life passage; 2. All temporary fill materials shall be limited to clean rock material. No dirt material shall be used. 3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask fora hearing, send a written petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, Mail Service Center 6714, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. 'n rely, . Klimek, P.E. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality . am Customer Service 1 800 623-7748 AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional,Office Central Files File Copy Mickey Henson, P.O. Box 52, Webster, NC 28788-0052 021247 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Lake Junaluska Dam Repair Project County Haywood Project Number 02 1247 County2 Recvd From APP Region Asheville Received Date 8/7/02 Recvd By Region Project Type dam repair Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet EM Type Type Impact Score Index Prim. Supp. Basin Req. Req. F 14 Waters O Y O N F- 5-16-(1) B ?- 40,305. ? 145.00 145.00 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y QQ N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? 0 Y D N Recommendation: 0 Issue p Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 353138 Longitude (ddmmss) 825755 Comments: A shallow age pool exist at the base of the dam spillway overflow. The stream forms two separate channel one on the right and one the left of the spoil way and rejoins after crossing under NCSR 1375. Periodic maintenance is required on the dam and Lake Junaluska Assembly has requested a certification for permanent culverts in two locations and a temoraay stream diversion dam extending from a point on land to the dam apnroxmiately 28 feet wide and 56 feet long. The proposal is to use compacted earth and rock. Recommend issuance of WO Certification. All temporary fill material should be clean rock material and no dirt material should be used. cc: Regional Office Central Office Page Number 1 Facility Name Lake Junaluska Dam Repair Project County Haywood Project Number 02 1247 Regional Contact: Michael R. Parker Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 19 APPALACHIAN ENVIRONMENTAL SERVICES LAND & WATER • DESIGN & BUILD August 1, 2002 U.S. Army Corps of Engineers Asheville Regulatory Field Office David Baker V Yj 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 RE: Lake Junaluska Dam Repair Project Dear Mr. Baker, On behalf of the Southeastern Jurisdictional Administrative Council of the United Methodist Church we are submitting Clean Water Act 401 and 404 permit applications for the for the Lake Junaluska Dam Repair Project located in Haywood County, North Carolina. This project is being conducted for dam safety, maintenance and repair. We are proposing a permanent access road for maintenance and repair and a temporary diversion below the dam for dam repair. Enclosed, please find the following: 1. Agent Authorization Letter 2. PCN Application 3. Location Map 4. Site Plan (Sheet 2) 5. Detail Sheet (Sheet 4) Sincerely, Mickey B. Henson Vice President Principal Scientist Cc: John Dorney, NC Division of Water Quality - Wetlands Unit Mike Parker, NC Division of Water Quality - Asheville Regional Office Owen Anderson, NC Wildlife Resources Commission Appalachian Environmental Services Post Office Box 52 72 Allman Lane Webster, NC 28788 828.586.1973 Phone 828.631.0343 Fax mickey.henson@appalachianenvironment.com www.appalachianenvironment.com THE UNITED METHODIST CHURCH SOUTHEASTERN Jf.7]?ISDI'CTf0NAL AD.UL ISTRATIVE COUNCIL August 2, 2002 U.S. Army Corps of Engineers Asheville Regulatory Field Office David Baker 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Dear Mr. Baker: The Southeast?crn Jurisdictional Administrative Council of the United Methodist Church is authorizing Mickey B. Benson of Appalachian Environmental Services to act as our agent for the Lake Junaluska Dam Repair Project located in Haywood County, North Carolina. Sincerely, Chet Hollomon Executive Counsel Southeastern Jurisdictional Administrative Council of the United Methodist Church POST OFFICE BOX 67 - LALKE JUNALUSKA, NOR'T'H CAROLINA 23745 • (828) 452-2881 Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or-"N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information: Southeastern Jurisdictional Administrative Council of the United Methodist Church Chet Hollomon, Executive Counsel Post Office Box 67 Lake Junaluska, NC 28745 (828) 452-2881, Ext. 758 Fax: (828) 456-4040 cholloman @ sej ac-umc.org 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Appalachian Environmental Services Mickey B. Henson, VP and Principal Post Office Box 52 Webster, NC 28788-0052 (828) 586-1973 Fax: (828) 631-0343 mickey.henson@appalachianenvironment.com Page 3 of 12 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: Lake Junaluska Dam Repair Project 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): # 8616-89-7735 and #8616-89-2336 4. Location County: Haywood Nearest Town: Lake Junaluska, N.C. Subdivision name: Directions to site (include road numbers, landmarks, etc.): Take I-40 to US 19 South. From US 19 turn onto SR 209. Turn left onto SR 1376 then immediately onto SR 1375. Then right onto Lakeshore Drive. Project is located on Left approximately 590 feet. 5. Site coordinates, if available (Lat/Long): N351 31.644' / W820 57.768' 6. Describe the existing land use or condition of the site at the time of this application: Cleared Dam 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Lake Junaluska 9. River Basin: French Broad 10. Describe the purpose of the proposed work: Dam improvements 11. List the type of equipment to be used to construct the project: Excavator 12. Describe the land use in the vicinity of this project: Wooded/Houses Page 4 of 12 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. Dam repair work was done in 1955 and in 1977. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Page 5 of 12 * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hU://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (please secif ) Area 1 Culvert 70' Richland Creek 13 ft Perennial Area 2 Culvert 75' Richland Creek 13 ft Perennial Area 3 Temp. Diversion 56' Richland Creek 300 ft Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toi)ozone.com. www.maoguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Area 1: two 18" CMP at 35' long Area 2: three 18" CMP at 25' long and a temporary flow diversion. Areas 1 and 2 will be installed as a permanent crossing for dam safety, maintenance and repair. Area 3 will be installed temporarily for dam repair. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Page 6 of 12 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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.): Size of watershed draining to pond: Expected pond surface area: 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. Areas 1 and 2 will be a permanent crossing for dam safety, maintenance and repair. Area 3 will be installed temporarily for dam repair. 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 March 9, 2000, 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. Page 7 of 12 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 NCWRP 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 Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three 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 of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No Page 8 of 12 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 ? - 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 (DWQ Only) 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify_ )? Yes ? No ? If you answered "yes", provide the following information: 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 (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Gone 1 extends out 30 teet perpendicular from near bank of channel; "Lone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Page 9 of 12 XI. Stormwater (DWQ Only) Describe impervious acreage (both 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. XII. Sewage Disposal (DWQ Only) 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 (DWQ Only) 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. 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). Page 10 of 12 (Agent's signature is valid only if an authorization letter from the applicant is provided.) ii i iii i ? r ?? Triage Check List Date:J ?- Project Name: `wtt a- DwQ#: OZl2y? County: t 6:1 tMuy?./ To: ARO ? O ? MRO ? RRO Mike Parker Ken Averitte Mike Parker Steve Mitchell From: ? WaRO. Deborah Sawyer ? WiRO Joanne Steenhuis ? WSRO Jennifer Frye Telephone : (919) ?S_02 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps nimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern /tr V-LXNIAA-- e? 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