HomeMy WebLinkAbout20010712 Ver 1_Complete File_20010510TO: Steve Lund, USACOE
Asheville Field Office
FROM: Maryellen Haggard, Regional Coordinator
Habitat Conservation Program
DATE: June 7, 2001
SUBJECT: North Carolina Department of Transportation (NCDOT), SR1532, Bradley
Branch Road, Unnamed Tributaries to Paint Fork Creek, Madison County.
The. North Carolina Department of Transportation (NCDOT) is requesting a concurrence letter
from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed the
proposed improvements and are familiar with habitat values of the project area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C.
466 et seq.).
The proposed project consists of widening and paving SR 1523. The project includes three
culvert extensions that will affect 35 linear feet of an unnamed tributary to Paint Fork Creek.
Paint Fork Creek is part of the bigger Ivy Creek watershed, which contains trout streams. It is
likely that Paint Fork Creek and its tributaries have trout present. Paint Fork Creek is also part of
a water supply watershed for the Town of Weaverville. We will not object to the project as
proposed provided that the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15 to protect
the egg and fry stages of trout from off-site sedimentation during construction. We
will allow temporary encroachment into the buffer zone because Paint Fork Creek
and tributaries are not high quality trout waters
2. Disturbance of the stream channel must be limited to only what is necessary to
install the culvert. Heavy equipment should be operated from the bank rather
than in the stream channel in order to minimize sedimentation and reduce the
likelihood of introducing other pollutants into the stream.
SR 1532, Bradley Branch Road 2 June 7, 2001
3. The pipes should be designed and constructed large enough so all waters can flow
without freefalling or damming on either end during low flow conditions to maintain
aquatic life passage. Pipes 36" or larger should be buried approximately one foot
into the streambed where bedrock is not encountered. Smaller pipes should be placed
on grade or preferably lower. The dimension, pattern, and profile of the stream
above and below the pipes should not be modified by widening the stream channel or
reducing the depth of the stream
4. Stringent erosion control measures should be installed and maintained until the
project is completed and disturbed soils are stabilized with vegetation.
5. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 15 days of ground disturbing activities to provide long-term erosion control.
NCDOT should utilize onsite native vegetation and materials for streambank
stabilization, rather than excessive riprap (or hard stabilization methods). Vegetation
provides bank stabilization, as well as shade for cooler water temperatures, and
riparian edge habitat. If riprap is used, it must be limited to the lower 1/3 of the
streambank.
6. If concrete will be used, work must be accomplished so that wet concrete does
not contact stream water. This will lessen the chance of altering the streams
water chemistry and causing a fish kill. Water that has contacted uncured concrete
should not be discharged to surface waters due to the potential for elevated pH.
7. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into streams.
8. All mechanized equipment operated near surface waters should be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials.
9. Rock silt screens at culvert outlets should be removed at project completion.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at (336) 527-
1547.
cc: Cynthia Van Der Wiele, NCDWQ
Roger Bryan, NCDOT
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1532
Project Number 01 0712
County Madison
County2
Recvd From DOT Region Asheville
Received Date 5110101 Recvd By Region
Project Type roadway paving
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ?- -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
1 t O Y O ?' C•-96-^ NV7 'FrQty F-704. 35.00 ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y QQ N Did you request more info? 0 Y QQ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0Y 0 N Recommendation: 0 Issue 0Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Recommend issuance with usual certification conditions Ian usage regarding:
stormwater, installation of culvert low flow conditions and m _chan"zed eguapment_ i.e.
cc: Regional Office
Central Office Page Number 1
Proiects reviewed with comments:
010712 - (Madison Co., DOT) the affected waterway, Paint Fork, is WS-II. Road crossings are
allowed assuming no practical alternatives, and bua must be minimized, stormwater must be
diverted away from surface waters, and DOT must usetfollow their BMPs document
010691- (Mitchell Co., DOT) no WSWP impacts, but Roaring Branch is C Tr.
010678 - (Durham Co., Triangle WWTP) the project is within WS-IV Haw River (Jordan Lake).
Kick it to Durham Planning Dept. for enforcement of BUA requirements. Crossings ok, assuming
no practical alternatives, and bua must be minimized, stormwater diverted, BMPs for water quality
used.
010666 - (Clay Co., DOT) the project is not is WS waters, but it's in Tr.
010637 - (Granville Co., John Braddy) the project is within WS-II NSW. Kick it to Butner Planning
Dept. for enforcement of BUA requirements. Crossings ok for public projects, assuming no
practical alternatives, and bua must be minimized, stormwater diverted, BMPs for water quality
used. Since its a private project, then road pavement must be included in the total bua and
crossings not ok without a variance.
010630 - (Watauga Co., Wetland and Natural Resource Consultants, Inc.) not is WS waters, but its
within TR HQW.
010628 - (Stanly Co., Gerald Goodman) The project is within the Lake Tillery WS-IV-CA. Kick to
local planning department (Norwood?) for review of bua and buffer compliance. The state
minimum for WS-IV projects is that the WSWP rules don't apply to projects not needing a SEC
plan, but local gov't can be more protective. If SEC plan is needed, must comply with bualbuffer
requirements.
010626 (S&EC Consultants, Inc., Iredell Co.) - the site is most likely in the WS-IV-CA of Lake
Norman. No new roads in CA to the extent practicable; if allowed must minimize bua, divert
stormwater, use BMPs. Private roads must be included in the bua calculations. The state
minimum for WS-IV projects is that the WSWP rules don't apply to projects not needing a SEC
plan, but local govt can be more protective. If SEC plan is needed, must comply with bualbuffer
requirements.
Proiects reviewed with NO commentslnot is WS waters:
010726 - Martin Marietta Materials, Inc., Wake Co.
010730 - Donal Humphrey, Onslow Co.
010728 - Levie Carson Bunch, Currituck Co.
_010725 -Tommy Moore, Jones Co.
010724 - Rowland Carlson, Chowan Co.
010737 - KBB Developers, Union Co.
010683 - DOT, Guilford Co.
010672 - Land Management Group, Inc., Brunswick Co.
010671- City of Lenoir, Caldwell Co.
010668 - DOT, Tyrell Co.
010654 - Ingles Markets, Inc., Buncombe Co.
010648 - Casey Jones, Guilford Co.
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PIPE INSTALLATION NOTES
Y -
1) Install erosion control devices. In streams, where necessary, rock
silt screens will be used.
2) Remove material and existing pipe while limiting, as much as
----- possible;-material •and seciiment•fro- entering the stream and/or - - --
escaping from project.
3) Prepare pipe foundation while again taking care to limit, as much
as possible, material and sediment from entering the stream and/or
escaping from project. Where possible, new grade will be below
existing streambed. If needed, bedding material will be clean
stone.
4) Place the new pipe and compact backfill.
5) Install slope protection on outlet and inlet ends of pipe. Also
complete installation of erosion control measures and perform
maintenance as needed on existing measures.
6) Establish permanent vegetation as soon as possible.
EROSION CONTROL PLAN SHEET
Silt fences and temporary silt ditches shall be installed after clearing and before
grading.
Temporary stone ditch checks shall be installed as soon as ditchline is established.
Pipe outlet and inlet protection will be done as soon as the pipe is installed.
_ Silt basins (Type B) will be constructed to the dimension of nine feet by three
---feet by two-feet-unless otherwise n-oted -oft-the plans. (SB 79)-78
ee d mensiori sheet: --- --
Seeding and other permanent erosion control measures are to be implemented. as
soon as practical.
Temporary rock silt checks (Type B) will be spaced as required by percent of
grade.
ROADWAY DITCH AND MEDIAN LINING GUIDELINES
Percent of Grade T e of Lining
a YP Recommended
Straw and Tack
2 -E-rQA04-Conrrol Matting
3 -- --
4 Synthetic Roving
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EROSION CONTROL*
DETAILS AND SPECIFICATIONS
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245.03 Temporary Silt Ditch
245.05 Temporary Diversion ..._'-------- ---------••---- no- --- VI - 2
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245.01 Silt Basin Type A
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892.04
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arY Sediment Dam TYP e-A --------- VI 16
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Rock Pipe Inlet Protection --------- I
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Rock Silt Screen VI 22
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245.04 ..................... .- VI - 24
Stilling Basin --- '-'-----
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Rock Inlet Protection:
896.01 Type A
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PIPE DATA SR# ? s 32
CO. MADISON
STATION PRESENT SIZE
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PROPOSED SIZE NOTES
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Sheet 1 of
REMARKS
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N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT: SR 1532 -BRADLEY R.
LOCATION: FROM SR. 1530 TO E, Q M.
WORK TYPE: GRADE, DRA1N,13ASE, PAVE £ EC,
WORK ORDER: PRIORITY:
COUNTY: MADISON TOWNSHIP:BEECH GLEN
DATE : 04 - 26 - 01 SCALE: 1 " = 50'
NOTES: PROPOSED 45 ' R\W PREPARED BY: J P F
N
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Location Map: SR 1532, Bradley Branch Road, Madison County, NC (Barnardsville
Quadrangle, Scale 1:24000).
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.
The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway
should eliminate sedimentation from fines associated with gravel surface treatment. The
roadway surface will be 1.4 acres of the 3.4 acres of right of way. Stormwater will diverted
through settling basins or grass lined buffers prior to entering the streams.
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.
N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
With regard to hazardous spill basins the road is not classified as an arterial route therefore
hazardous spill basins are not required. The road is located within a WS-II watershed.
AppliUnt/Agent's Sioature Ddte
(Agent's signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X No ?
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 X
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ? No X 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
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 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 7 of 8
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.
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.
N/A
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/wM/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)
Page 6 of 8
Site Number Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
N/A
* List each impact separately and identify temporary impacts. impacts include, but are not limited to: till, 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.
The existing secondary road must be improved to meet current safety standards for paved
roads The culvert extensions requested are 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.
Page 5 of 8
Site Number
(indicate on ma) Impact
acres 100-year Floodplain**
es/no) Nearest Stream
linear feet) Type of Wetland***
N/A
* 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 http://www.feina.?)o .
*** 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: 0.0
Total area of wetland impact proposed: 0.0
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 Impact Perennial or
Intermittent?
(please seci
Sta. 28+36 Culvert 10 UT to Paint Fork 2 ft P
Sta. 34+60 Culvert 10 UT to Paint Fork 2 ft P
Sta. 42+84 Culvert 15 UT to Paint Fork 2 ft P
* 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.u5LS.s;0v. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mapquest.corn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 35 feet.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Type of Impact * Area of Name of Waterbod Type of Waterbod
Page 4 of 8
10. Describe the purpose of the proposed work: We propose to grade, drain, base, pave and
install erosion control measures for SR 1532 (Bradley Branch Road). We propose to extend
three existing culverts on an UT to Paint Fork. Total culvert extension will be 35 linear feet.
The culverts will be installed to insure aquatic life passage within the stream.
11. List the type of equipment to be used to construct the project: Excavator, backhoe, and
trucks.
12. Describe the land use in the vicinity of this project: Rural, homes and pasture.
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.
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: 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. 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 Type of Impact* Area of Located within Distance to
Page 3 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: SR 1532 Bradley Branch Road
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Madison Nearest Town: Mars Hill
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): SR1532 is located off of Paint
Fork Road (SR 1530) approximately 3 miles southeast of US 19.
5. Site coordinates, if available (UTM or Lat/Long): N/A
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing secondary road
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Paint Fork
9. 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/admin/maps/.)
Page 2 of 8
Office Use Only: 010712 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
9
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 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
Name: NC Department of Transportation
Mailing Address: P.O. Box 3279
Asheville, NC 28802
Telephone Number: 828-251-6287 Fax Number: 828-251-6394
E-mail Address: rdbryan@dot.state.nc.us
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.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
1
s
OF, d
-, . M111
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
PO BOX 3279, ASHEVILLE, NC 28802
May 3, 2001
SECRETARY
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #14
SR 1532, Bradley Branch Road
Madison County, NC
Dear Mr. Lund:
0107'2
I have enclosed a straight-line diagram with erosion control plan, a PCN application for
NWP #14, and a location map relative to the proposed project on SR 1523, Bradley
Branch Road, Madison County, NC.
Bradley Branch Road is currently a 12-14 feet wide gravel road. Division of Highways
plans to pave the road 18 feet wide and increase the typical section. Grading will be light
to moderate. Whenever possible, widening will occur on the side opposite the stream.
We propose to extend three existing culverts on an unnamed tributary to Paint Fork.
Total culvert extension will be 35 linear feet. Existing channel morphology will be
maintained upstream and downstream of the culvert. The culverts will be placed below
existing streambed elevation. Riparian vegetation will be reestablished along disturbed
areas associated with the culvert extensions. Stormwater will be diverted through grass-
lined ditches or vegetated buffers prior to entering streams.
No significant effect on federally listed species (threatened or endangered) or their
habitats is anticipated.
By copy of this letter, we request Owen Anderson, North Carolina Wildlife Resources
Commission Mountain Region Coordinator, to comment directly to the Corps concerning .?
the permit request. M zy
C-) -{
M
C rn
rri
Mr. Steve Lund
Page -2 SR 1532, Madison County
May 3, 2001
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project. Temporary encroachment into the buffer zone of the UT
to Paint Fork will be required for the project, however the stream is not classified trout.
No buffer variance will be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Cynthia Van der Wiele, NC DENR, Division of Water Quality, 401/Wetland Unit for
review and comment. A $200.00 check is enclosed for application processing. Please
forward comments directly to the Corps with copy to Division 13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at (828) 251-6287.
Sincerely,
n.
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: F. D. Martin, P.E.
K. A. Wilson, P.E.
Ron Brazil
Ed Ingle
Owen Anderson
Cynthia Van der Wiele
Mike Parker
Page 2 of 2
7. All mechanized equipment operated near surface waters should be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
8. The presence of equipment in the channels must be minimized. Under no circumstances should rock,
sand or other materials be dredged from the wetted stream channel under authorization of this permit,
except in the immediate vicinity of the culverts.
9. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm
water sheet flow.
10. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap should be limited to the stream bank below the high water mark,
and vegetation should be used for stabilization above high water.
11. Rock silt screens at culvert outlets should be removed at project completion.
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 for a
hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, 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 Ms. Cynthia Van Der Wiele at 919.733.1786 or Mr.
Mike Parker of the Asheville Regional Office at 828.251-6452.
Attachment
Sincerely,
T. Stevens
WA
T ?RQG
r
Michael F. Easley _
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 8, 2001
Madison County
DWQ Project No. 010712
SR 1532 (Bradley Branch Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Roger D. Bryan, Division Environmental Officer
NCDOT Division 13
P.O. Box 3279
Asheville, NC 28802
Dear Mr. Bryan:
You have our approval, in accordance with the attached conditions and those listed below, to impact 35
linear feet of unnamed tributaries to Paint Fork in order improve SR 1532 (Bradley Branch Road) in
Madison County. The project should be constructed in accordance with your application dated 3 May
2001 (received May 10, 2001). After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers
Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
1. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or as otherwise determined by the North ..
Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during constriction.
2. • Requirements for WS-II waters as described in 15A NCAC 2B .0214.
3. Implementation of the stormwater management requirements specific to HQW as described in 15A
NCAC 2H.1006.
4. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must
be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic
resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5
days of ground-disturbing activities to provide long term erosion control
5. The culvert required for this project shall be installed in such a manner that the original stream profile
is not altered (i.e. the depth of the channel should not be reduced by a widening of the streambed).
Existing stream dimensions are to be maintained above and below locations of culvert extensions.
6. All work shall be performed during low flow conditions.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
IF INCORRECT RETURN TO
NC DEPARTMENT OF TRANSPORTATION
8282516136
WARRANT NO. 82-
INVOICE NUMBER INVOICE DATE INVOICE AMOUNT
05/03/2001 $200.00
S M
DATE 05/03/2001
NET AMOUNT
$200.00