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
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