HomeMy WebLinkAbout20060163 Ver 1_Complete File_20060224i OF W?R
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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
S-r6WMwU,kftic February 24, 2006
A?Recy Mitchell County
DWQ Project No. 060163
NCSR 1186 (Johnson Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, to impact 20 linear feet of two
(2) unnamed tributaries to the North Toe River and replace the culverts, without extension, at Stations 2+50 and 7+60,
both unnamed tributaries to the North Toe River (20 linear feet of new pipe, replace pipe at two (2) stream crossings and
temporary stream dewatering), in order to make improvements to NCSR 1186 (Johnson Road) in Mitchell County. The
project should be constructed in accordance with your application dated January 30, 2006 (received February 2, 2006),
including the environmental comments made in the application letter. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you must 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 in writing 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 if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211 .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. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
No One
hCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service
Intemet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. J. Swain, Jr., P.E.
February 24, 2006
Page Two
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. Sediment and erosion control measures for sensitive watersheds [15A NCAC 04B .0124 (a)-(e)] must be used prior to
construction and maintained until any disturbed soils are permanently stabilized. Temporary or permanent
herbaceous vegetation. should be planted on all bare soil within fifteen (15) days of ground disturbing activities to
provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on
disturbed soils in steep slope and.riparian areas. Matting should be secured in place with staples, stakes or wherever
possible, live stakes of native trees. Tall fescue should not be used in riparian areas. Riparian vegetation must be
reestablished within the construction limits of the project by the end of the growing season following completion of
construction.
5. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below
the stream bottom to allow natural stream bottom material to become established in the culvert following installation
and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and
re=installed correctly, unless demonstrated that this is topographically unfeasible.
6. Rock-check dams at culvert outlets should be removed at the project completion to. avoid impeding the movement. of
aquatic life.
7. The. dimension, pattern and profile of the stream, above and below the culverts, should not be modified by widening
the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions.
8. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
9. Removal of vegetation at the stream crossings and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the road crossing and along the streams within dedicated rights of way, if possible.
10. Any riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be place in stream
channels in such a manner that it impedes aquatic life passage.
11. Heavy equipment should be operated from the bank rather than in the stream channels in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream. This equipment should be
inspected daily and maintained to prevent contamination of stream waters from leaking fuels, lubricants, hydraulic
fluids, or other toxic materials.
12. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams,
flexible pipe or other diversion structures should be used to minimize' excavation in flowing water.
13. If concrete is used during culvert construction (e.g., headwalls), a dry work area should be. maintained ,to, prevent
direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
15. The presence of equipment in the channels must be minimized. Under no circumstances must 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. In-stream dredging has catastrophic effects on aquatic life, and disturbance of the natural
form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
Mr. J. J. Swain, Jr., P.E.
February 24, 2006
Page Three
16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the culvert extensions.
17. All work shall be performed during low flow conditions (below bankfull).
18. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion " form
to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water Quality
upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and downstream of
each structure to document correct installation.
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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachment
cc: Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Steve Lund, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION %VC6
MICHAEL F. EASLEY
GOVERNOR
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LYNDO TIPPETT
SECRETARY
PO BOX 3279, ASHEVILLE, NC 28802
January 30, 2006
Mr. Steve Lund
US Army Corps of Engineers 060163
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permits #14 & # 33
SR 1186, Johnson Road
State Project No. 13C.061021 (DWQ Minor Permit Fee $200)
Mitchell County, NC
Dear Mr. Lund:
I have enclosed a straight-line diagram with erosion control plan, a PCN application for
NWP #14 & #33, and a vicinity map relative to the proposed project on SR 1186,
Johnston Road, Mitchell County, NC.'
Johnson Road is currently a 12 - 14 foot wide gravel road. Division of Highways plans to
pave a majority of the road at the existing width; however, the typical section will be
increased where possible to improve road safety. Grading will be light.
We propose to extend two (2) pipe culverts on Unnamed Tributaries (UTs) to the North
Toe River. Total culvert extensions will be 20 linear feet. The UT of the North Toe
River at Site 1 is an approximately 2-3 foot wide creek with some evidence of riffle/pool
habitats, and cobblestone substrate. The UT of North Toe River at Site 2 is an
approximately 1 foot wide feature with some evidence of riffle/pool habitats and
cobblestone substrate. Both of the UTs at Site 1 and Site 2 cross beneath the adjacent
railroad tracks prior to crossing beneath Johnson Road. We additionally propose to
replace two pipes at existing tributary crossings.
No stream relocation will be performed for the project. Existing channel morphology
will be maintained upstream and downstream of the culverts. 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.
s Mr. Steve Lund
Page -2 SR 1186, Mitchell County
January 30, 2006
NCDOT requests by copy of this letter that US Fish and Wildlife Services evaluate the
project and we request concurrence on May Affect/ Not likely to Adversely Affect for the
Appalachian elktoe (Alasmidonta raveneliana). The culvert replacements are located
adjacent to the North Toe River, a known location for the Appalachian elktoe
(Alasmidonta raveneliana). The proposed project contains minimal in stream work
consisting of replacing two culverts on Unnamed Tributaries of the North Toe River and
replacing two existing culverts on Unnamed Tributaries of the North Toe River. High
Quality Water erosion control measures will be implemented to limit potential
sedimentation from the project.
As a part of the 401 Certification process, a copy of the application will be forwarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request David McHenry, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
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
North Toe River (Station 0+00 - Station 19+00) will be required for the entire project.
The UTs are classified as trout. A buffer variance will be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Brian Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to
Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please
charge the application-processing fee of $200.00 to WBS element # 13C.061021. 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) 251-6171.
Sincerely,
Ro D. Bryan
g
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
D.R. McNeal, P.E.
Ed Ingle
David McHenry
Brian Wrenn
Mike Parker
Office Use Only: Form Version March 05
• 20060163
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, NWP 33
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: J.J. Swain, Jr., P.E., Division Engineer
Mailing Address: NC Department of Transportation
P.O. Box 3279
Asheville, NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-251-6394
E-mail Address: rdbryan(a)dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) N/A
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 9
..ti
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 1186, Johnson Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 13C.061021
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Mitchell Nearest Town: Toecane
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From the town of
Bakersville go west on NC 226. Next, go south (left) on SR 1187 Toecane Road. Continue
south until you reach SR 1186 Johnson Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):
Site 1: 36° 00' 4.94" N 82° 11' 34.82" W
Site 2: 35° 59' 59.47" N 82° 11' 35.43" W
6. Property size (acres): 1.5-Acres
7. Name of nearest receiving body of water: North Toe River (Class C-Tr)
8. 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.ne.us/admin/mMs/.)
Page 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is an existing gravel road. Surrounding properties
are residential land and the adjacent railroad.
10. Describe the overall project in detail, including the type of equipment to be used: Division
of Highways plans to pave a majority of the road at the existing width; however, we propose
to grade, drain, base, pave areas where it is possible to improve safety. We will install
erosion control measures for the entire project on SR 1186-Johnson Road. The equipment to
be utilized includes an excavator, backhoe and trucks.
11. Explain the purpose of the proposed work: Division of Highways plans to pave a majority
of the road at the existing width; however, we propose to grade, drain, base, and pave areas
where it is possible to improve safety. We will install erosion control measures for the entire
project on SR 1186-Johnson Road. We propose to extend two (2 existing culverts on UTs
of North Toe River. Total culvert extensions will be 20 linear feet. We additionally propose
to replace two (2) existing pipes at stream crossings. The culverts will be installed to insure
aquatic life passage within the streams.
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.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
Page 3 of 9
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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. Provide a written description of the proposed impacts: We propose to extend two (2)
existing nine culverts on UTs of North Toe River. Total culvert extensions will be 20 linear
feet We additionally propose to replace two (2) existing nines at stream crossings.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
Site 1 (16+00) UT North Toe Pipe Culvert Perennial , 10' 0.00023
River Extension 1
Site 2 (17+50) UT North Toe
River Pipe Culvert
Extension
perennial
10'
0.00023
Pipe
Replacements: UTs of North Toe Pipe Replacement
Perennial
0
0
River No Extension
(2+50),(7+60)
Page 4 of 9
Total Stream Impact (by length and acreage) I 20' 0.00046
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres : 0.00046
Wetland Impact (acres): 0.0
Open Water Impact (acres : 0.0
Total Impact to Waters of the U.S. (acres) 0.00046
Total Stream Impact (linear feet): 20'
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 5 of 9
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 raved roads. The pipe culvert extensions
requested are the minimum necessary to establish an appropriate typical section for the roadway.
The pipes to be replaced are damaged. 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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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/strmEide.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,
Page 6 of 9
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.
We propose reforesting approximately 100 linear feet of NCDOT ROW along the North Toe
River as mitigation for the proposed impacts We propose to utilize native vegetation on
these areas of reforestation to help stabilize the banks adjacent to the road. We will utilize
Type 1 streambank reforestation as detailed on the attached stream reforestation detail sheet.
If this proposal is not acceptable we propose to utilize the Ecosystem Enhancement Program
(EEP) for the mitigation requirements for the proposed impacts. NCDOT will be
coordinating with the EEP to obtain the appropriate mitigation credits.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wo/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. 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
3. 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 (required by DWQ) - N/A
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,
Page 7 of 9
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", 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.
Impact I I Required
Zone* _,? Multiplier
3 (2 for Catawba)
1.5
XI.
Total
* Zone I extends out 30 feet perpendict
additional 20 feet from the edge of Zone 1.
the top of the near bank of channel; Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as. identified
within 15A NCAC 213.0242 or.0244, or.0260.
Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The existing compacted gavel roadway acts as
an impervious surface. Paving of the roadway should eliminate sedimentation from fines
associated with gavel surface treatment. The roadway surface will be 40% of right of way
acreage Stormwater will be diverted through settling basins or grass lined buffers prior to
entering the streams.
XII. Sewage Disposal (required by DWQ)
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
Page 8 of 9
XIII. Violations (required by DWQ)
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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ht!p://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description:
XV. 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 mill basins, the road is not classified as an arterial route: therefore
hazardous spill basins are not required.
(/3d/d
ApplicagVAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Name: BAKERSVILLE
Date: 1 /27/2006
Scale: 1 inch equals 2000 feet
Location: 036° 00' 13.42" N 082° 11' 21.78" W
Caption: SR 1186 Johnson Road, Mitchell County, North Carolina
Photo 1: A view of the upstream section.
Photo 2: A view of the do,,vmstream section.
Photos: Site 1: Pipe Culvert Extension -SR 1186, Mitchell County, NC.
Photos: Site 2: Pipe Culvert Extension - SR 1186, Mitchell County, NC.
Photo 1: A view of the upstream section.
Photo 2: A view of the downstream section.
TYPE 1 STREAMBANK REFORESTATION SHALL. BE PUNTED 0.9m TO L52rn ON CENTER, RANDOM
SPACING, AVERAGING L22m ON CENTER. APPROXIMATELY 6726 PLANTS PER HECTARE.
TYPE 2 STREAMBANK REFORESTATION SHALL BE PLANTED LSm TO 3.0m ON CENTER, RANDOM'
SPACING, AVERAGING 2.4m ON CENTER. APPROXIMATELY 1680 PLANTS PER HECTARE
Q NOTE: TYPE 1 AND TYPE 2 STREAMBAiNX REFORESTATION SHALL BE
PAID FOR AS "STREAMBANK REFORESTATION"
STREATNIBANK REFORESTATION TYPICAL
I TYPE Il
(TYPE I
0
all&
t
44W 4?w
12.{ fmT. I
ST7tE"
STREA MBANK REFORESTATION
MIXTURE. TYPE. SIZE, AND FURNISH SHALL CONFORM TO TIM FOLLOWING:
TYPE 1
50% SALLY NIGRA BIACK WILLOW 300m- - 460mm BR
.50% CORNUS AMOMUM SILKY DOGWOOD 300mm - 460mm BR
TYPE 2
25% L.IQUIDAMBAR STYRACIFLUA SWEETGUM 300mm - 460mm BR
25% PLATANUS OCCIDENTAL.IS SYCAMORE 300mm - 460mzn BR
25% PRUNUS SEROTINA BLACK CHERRY 300mm - 460mm BR
25% BETUTA NIGRA RIVER BIRCH 300mm - 460mm BR
SEE PLAN SHEETS FOR AREAS TO BE PLANTED
ST ANK REFORESTATION
DETAIL SHEET
N.C.D.O.T.- ROADSIDE ENVIRONMENTAL UNIT
SHEET 1 OF 16
COUNTY: Mitchell TOWNSHIP: Bakersville
PROJECT: SR 1186, Johnson Rd. LENGTH: 1,900 feet, 0.36 miles
WORK TYPE: grade, drain, base, pave, erosion control RURAL PRIORITY #:
LOCATION: From SR. 1186, 0.01 miles south of SUBD/RESID. PRIORITY #: 3F
SR. 1187, thence for 0.36 miles
R/W WORK ORDER NO: 6.882234 CONSTRUCTION W. 0. NO.
DATE: 2/27/02 SCALE: 1"=50' DRAWN BY: K.E.P.
NOTES AND PROVISIONS PERTAINING TO STRAIGHT LINE DIAGRAM
1. Assigned right of way agent needs to verify all property owners. Property owners shown on
the straight line diagram are taken from tax maps only.
2. Fences to be moved off the right of way and reset off right of way by the Department of
Transportation crews. Any new materials, posts, wire, etc.. to be supplied by the property
owner.
3. Existing asphalt or concrete drives to be tied in with asphalt if the existing driveway is
within 20 feet of proposed centerline. See any exceptions on straight line diagram.
4. Driveway pipes to be furnished and installed as needed by Department of Transportation
crews in existing driveways.
5. Existing water lines, sewer lines, drain lines, etc., under road project to be adjusted by
Department of Transportation as needed during construction. Property owners to supply
all materials and release Department of Transportation from any liability.
6. Underground utility lines to be located by owner. Lines to be adjusted by owner as needed,
otherwise retain.
7. Note proposed right of way markers shown on straight line diagram.
8. Please inform property owners that cuts and fills could exceed proposed right of way.
9. The erosion plan should be used for erosion control purposes only.
SR 1239. JOHNSON RD. SHEET-OF 16
MITCHELL COUNTY
m
TYPICAL SECTION
R/W VARIABLE R/W
A. FILL SLOPE
B. SHOULDER SLOPE
C. DITCH SLOPE
D. CUT SLOPE
I Y2: 1
1' PER FT.
4 :1
I Y2: 1
R/W
E
ABC COMPACTED
ABC LOOSE
TONS (DRIVES) STONE BY
TONS (INTERS.)
TONS (ROAD)
TONS (TOTAL)
1 7' 9' 9' 4' 4' 1
SHEET 3 OF 16
FULL
SUPERELEVATION
FULL SUPERELEVATION
SECTION - EE
2/3
SUPERELEVATION 2/3 SUPERELEVATION
P. C. OR P. T.
SECTION - DD
SUPERELEVATION =
NORMAL CROWN NORMAL CROWN
SECTION - CC
LEVEL NORMAL CROWN
SECTION - BB
NORMAL CROWN NORMAL CROWN
SECTION - AA
STANDARD METHOD FOR OBTAINING SUPERELEVATION
2 LANE PAVEMENTS
Ideally. 2/3 of superelevation is obtained at P. C. or P. T.
as shown on Section DD
Example: if maximum superelevation is +.06 -.06, the superelevation
at the point of curve or point of tangent is +.04 -.04
.06 X 2/3 = .04
Superelevation for 18' Pavement
.02 0.4' E.P. to E.P.
.04 0.7' E.P. to E.P.
.06 1.1' E.P. to E.P.
.08 1.4' E.P. to E.P.
Normal Crown - 0.2
b
Sheet 4 of 16
EROSION CONTROL PLAN SHEET
Generally, the order of installation of the erosion control measures will be as
follows: 41
Temporary silt basins shall be installed before clearing and
grubbing begins.
Silt fences and temporary silt ditches shall be installed after
clearing and before grading.
Temporary stone ditch checks shall be installed as soon as
ditch line is established.
Pipe outlet and inlet protection will be done as soon as the
pipe is installed.
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 as described on page VI-16 in the Erosion
And Sedimentation Guidelines.
No. 5 stone, or equivalent, will be used in conjunction with
temporary rock silt check Type-B in locations where water is
leaving the project or entering a pipe.
Silt basin size is 9'x3'x2' for 75 feet of disturbed ditch line unless otherwise
noted.
I8D4
Silt basin (Type B) are designed for 420ftubic feet per acre every storm event
and cleaned out when half full.
Per permit conditions for Corps of Engineers and the Wildlife Resources
Commission, all pipes in streams must be buried 12" below streambed
elevation.
Sheet 5 of 16
PIPE INSTALLATION NOTES
4
1) Install erosion control devices. In streams, where necessary, rock silt
screen will be used.
2) Remove material and existing pipe while limiting, as much as possible,
material and sediment from 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.
DESIGN FOR SILT BASIN SHEET ._6 _OF J2-
1800 CUBIC FEET PER ACRE
CHECKED EVERY STORM EVENT AND CLEANED OUT WHEN HALF FULL
NOT TO SCALE
2'
SILT BASIN - 1
(S. B. 7 )
a?
M -,\ r? . - - IN 14,
2'
MI
?- N, 21,
Y
2' ?8,
::.--
SILT BASIN - 4
( S. B. 28 )
SILT BASIN - 2
(S. B. 14 )
SILT BASIN - 3
(S. B. 21 )
SHEET 7 OF 16
EROSION CONTROL
DETAILS AND
SPECIFICATIONS
i
Std, # Oescri tp io n Sqmho1
245.03 Temporary Silt Ditch -TSO -
245.05 Temporary Diversion To -- -
893.01 Temporary Silt Fence
890.05 Temporary Slope Drain with Earth Berm - '~ '-
245.01 Silt Basin Type A -0
245.02 Silt Basin Type B
M -
892.04 Temporary Rock Silt Check Type - A
895.10 Temporary Rock Silt Check Type - B
892.01 Temporary Rock Sediment Dam Type - A -
892.02 Temporary Rock Sediment Dam Type - B _:D
897.01 Rock Pipe Inlet Protection o
°o -
894.01 Rock Silt Screen L
245
04
Stilling Basin 3
.
Rock Inlet Protection
896.01
Type A °°°°°°
A g?-0 -OR
- A
8
896.02
Type B °°°°°
°°°°°°
B a?0 - OR
- B e
896.03
Type C °°°°°°
o°°°°o
C oOQo - OR
- C °
000000
SHEET 8 OF 16
ROCK SILT CHECKS - OUTLET OF PIPE
(WIDTH OF ROCK AT THE OUTLET END TO BE 3 TIMES THE DIAMETER
OF THE PIPE AND TAPERED INTO EXISTING DITCH)
18' CSP
RR 18
M16N.-
EXISTING DITCH
24' CSP
RR 24
M? ? J
EXISTING DITCH
30' CSP
RR 30
M4=?I
EXISTING DITCH 9'
36' CSP
RR 36
MAN.
EXISTING DITCH 10.5'
42' CSP
RR 42
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VATER QUALITY
P-r~A1T PmMCH
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
TO: Steve Lund, USACOE
Asheville Field Office
FROM: Ron Linville Regional Coordinator xp?
Habitat Conservation Program
DATE: February 7, 2006
SUBJECT: North Carolina Department of Transportation (NCDOT), SRI 186, Johnson Road,
Unnamed Tributaries North Toe River, Mitchell County
NCDOT proposes to replace and/or extend culverts on SRI 186. Biologists with the North
Carolina Wildlife Resources. Commission are familiar with habitat values in the 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 North Carolina Environmental
Policy Act (G.S. 113A -I through 113A-10; NCAC 25). Removal of the existing bridge will not
impact waters.
The project involves extending two culverts by ten (10) feet each and removing and replacing
(R&R) two culverts. All three culverts are associated with tributaries of the North Toe River and
its floodplain. The North Toe in the project area supports populations of the Appalachian elktoe,
Alasmidonta ravenehana (NCE, FE).
Based on our review of the submittal, we will not object to the project provided the following
non-prioritized conditions are implemented:
1. The USFWS must concur with the project pursuant to requirements of the US
Endangered Species Act. We recommend that before doing any in channel work
where suitable mussel habitats are present, the streams should be surveyed for
mussels. If any mussels are found in the work area, they must be relocated by fully
authorized and properly trained biologists.
2. Culverts 48" or larger should be buried approximately V into the streambed.
Culverts less than 48 inches in diameter should be buried to a depth equal to or
greater than 20% their size to allow for aquatic life passage. These measurements
must be based on natural thalweg depths.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
ti SRI 186, Johnson Road, North Toe Raver -Page 2 - February 7, 2006
3. The dimension, pattern, and profile of the stream above and below the crossings
should not be modified by widening the stream channels or reducing the depth of the
streams. Where practicable, floodplain benching must be restored or maintained to
ensure water depth and to restrict the width of the base flow channel.
4. Any riprap used must not interfere with aquatic life passage during low flow
conditions.
5. 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 stream's water
chemistry and causing a fish kill.
6. 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.
7. Heavy equipment should be new or low-hour, clean and well maintained. Spill
containment materials should be readily available on the site for use should any
petroleum spillage occur.
8. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Sediment and erosion control measures shall
adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124).
9. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within five (5) days or less if possible of ground disturbing activities to provide long-
term erosion control. Any vegetation removal and land disturbance must be
accomplished concurrently. We encourage NCDOT to utilize onsite vegetation and
materials for streambank stabilization when practicable.
10. As indicated, NCDOT should restore an undisturbed forested buffer along the North
Toe River.
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 3361769-9453.
Cc: Mike Parker, DWQ-ARO
Marella Buncick, USFWS-ARO
Becky Fox, USEPA
Roger Bryan, NCDOT
Marla Chambers, NCWRC