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HomeMy WebLinkAbout20020528 Ver 1_Complete File_20020405w. d STNto STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR April 2, 2002 U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Attention: Mr. John Hendrix NCDOT Coordinator 1 y. WATERTOUALITY 3OECTIOP,' LYNDO TIPPETT SECRETARY 020528 Subject: Emergency Slide Repair on SR 1160, Little Buffalo Road, in Graham County near Robbinsville, NC Dear Mr. Hendrix: As you are aware, a series of heavy rainfalls earlier this year caused a section of SR 1160, Little Buffalo Road, in Graham county to fail and slide into West Buffalo Creek (Class C - Trout). You, along with Mr. Owen Anderson, were contacted regarding the situation and a site visit was made prior to any repairs. It was the recommendation of you and Mr. Anderson that NCDOT remove all of the material that had slid into West Buffalo Creek, restore the roadway with a stable fill, and apply for NWP 3 once the repairs were made. As of last week, all repairs have been completed on this project and the area has been seeded and mulched. All repairs were done in a manner that minimized impacts to West Buffalo Creek. No equipment was placed in the creek at any time during the repairs. As is evident by the attached photos, clean rock was used along the stream bank for the majority of the fill so erosion and sedimentation would be eliminated. The elevation of the existing road was brought down approximately five feet so that a flatter, more stable fill slope could be established. The roadway ditch lines were lined with clay material to better carry stormwater runoff, where before, the existing material was permeable and allowed water to soak into the fill, contributing to the slide that occurred. Where possible, all disturbed areas were seeded and covered with jute mesh to further protect the seed and promote fast vegetation growth. In areas where jute mesh was not feasible, seed and mulch was applied. Andrews District Office P. O. Box 1551, Andrews, N. C. 28901 Phone: (828) 321-4105 G'.,... tQ')Q%'2-„ 9'1,10 .w Impacts to Waters of the United States In order to remove the slide material and make the necessary repairs to SR 1160 in Graham County, it was necessary to impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting permission to work in the trout buffer zone to remove the material from West Buffalo Creek (Class C - Trout) and construct a rock bench adjacent to the stream on which stable fill material could be placed. Permits Requested NCDOT is hereby requesting authorization under NWP 3 and Section 404 of the Clean Water Act for the work outlined above. Again, the work is complete and no further construction activities other than maintenance of erosion control devices are planned. Thank you for your assistance in this matter. I hope that the work performed is to your satisfaction. I welcome any comments or suggestions that you might have regarding the reduction of environmental impacts to this or any other NCDOT project. Should you require additional information regarding this project, please contact me at 828.321.4105. Sincerely, Wesley T. Grindstaff County Maintenance Engineer Copy: Mr. Richard Phillips, P.E., Regional Engineer DEHNR Mr. R.G. Watson, P.E., Division Engineer Mr. John Dorney, DWQ, DENR Mr. Owen Anderson, Western Mountain Coordinator, NCWRC Mr. B.C. Burch, P.E., District Engineer Mr. W. D. Laughter, Transportation Supervisor II Mr. Mark Davis, Division Environmental Officer Office Use Only: Form Version October 2001 USACE Action Ill No. DWQ No. 020528 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: n Section 10 Permit Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: X 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: 0 II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: P.O. Box 1551 Andrews, NC 28901 Telephone Number: 828.321.4105 E-mail Address: Fax Number: 828.321.3228 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: Wesley T. Grindstaff Company Affiliation: NCDOT Mailing Address: P.O. Box 1551 Andrews, NC 28901 Telephone Number: 828.321.4105 Fax Number: 828.321.3228 E-mail Address: wtgrindstaff@dot.state.nc.us Page I of 9 III. Project Information 4 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: Emergency Slide Repair, SR 1160, Little Buffalo Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Location County: Graham Nearest Town: Robbinsville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Robbinsville, take NC 143 west to SR 1148. Continue on SR 1148 to SR 1160. 5. Site coordinates, if available (UTM or Lat/Long): Listed on attached USGS map (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 16' gravel roadway. 7. Property size (acres): 0.10 W?sT 8. Nearest body of water (stream/river/sound/ocean/lake): Buffalo Creek (Class C - Trout 1 (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/.) 9. River Basin: Little Tennessee Page 2 of 9 10. Describe the purpose of the proposed work: Perform emergency slide repairs 11. List the type of equipment to be used to construct the project: Track excavator, Grader, Loader, tandem dump trucks 12. Describe the land use in the vicinity of this project: Residential, farmland, forest resources. 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. N/A V. Future Project Plans Are any future permit requests anticipated for this project? 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. Page 3 of 9 I. Wetland Impacts None Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each itnnart cr narntrly onrl i.1 n.,NF.. ? ? ....... ....... : __ __,__._.-., ................1 ,,,,t,u',W. 1111Paus u,c,uue, out 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.fema,&pv. *** 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 map) Site 1 Type of Impact* Slide Removal Length of Impact (linear feet) Stream Name** West Buffalo Creek Average Width of Stream Before Impact 16' Perennial or Intermittent? (please specify) Perennial * List each im act 1 p separate y and tdemily 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 internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 4 of 9 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. - None Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acmes) Name of Waterbody (if applicable) Type of Waterbod y (lake, pond, estuary, sound, bay, ocean, etc.) ' List each iinnact ce narafriv an.t id-tiff, rA.,,.... -- --'----? ---_ •??•••••? •?•••r?•uv ^?•V-1- iulNaua inuuuc, DU[ are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation - None If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): [] uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A rroposea use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. On January 4, 2002, after a series of heavy rainfalls, a section of SR 1160 gave way and slid into West Buffalo Creek in Graham County. This resulted in a situation that was unsafe for motorists and rock and debris partially blocking a section of Little Buffalo Creek After consulting with NCWRC and USACE representatives, it was determined that the material in the creek was to be removed, the roadway repaired, and NCDOT apply for an "After the Fact" Permit to do this work. 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 Page 5 of 9 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. 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/wrp/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): N/A Amount of buffer mitigation requested (square feet): N/A Page 6 of 9 ix. Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® 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 D 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes E] 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 LVIIe I extcnas ouL JV ieei perpenuicuiar from near DanK of cnannei; [,one 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 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. N/A 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. No change in impervious acreage. 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 E] No Is this an after-the-fact permit application? Yes X 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 8 of 9 D Applicant/Agent's SignkUre ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) 0110A, Page 9 of 9 "O I I ? ti '. x,7.4 •y Ag RY ptrl hrrr e? yy .. 1)17 ,` Q d-f Iwo k » o Ywi j r apoao ] '. ?' or t V .1711 y F ( t ' 4 L rA? f ?\ i j (q 7 ` / 1716 ^ io 4 tilt S Font no 1261 i ? 1711 VilluOa 7 Colo SMING RNOR I I :? 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GRAHAM' COUNTY 1110 F y Pa" ,BE FoR E- SR l l too, L 1 r= l 3 v FFALO I?o A D s: t+ 4 W4 of 4 4/1/02 1:35 AM Subject: (no subject) Date: Mon, 01 Apr 2002 10:35:10 -0500 From: "Wesley Grindstaff <wtgrindstaff@dot.state.nc.us> Organization: North Carolina Department of Transportation To: Wesley Grindstaff<wtgrindstaff@dot.state.nc.us> J3EF0RE - VEST SuPPALo difrrK 1 U4 4/x/6210:35 AM i of4 LD C-f&-FK t . I 1 r c i ( 1 t f t i' j t i 1 { T i 1 f ? I V 1 b t. :a F t 1 f - i 1 1 1 f 1 E { ' ? r 1 ,