HomeMy WebLinkAbout20050600 Ver 1_Complete File_20050506OF W A11
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Mr. Heath Slaughter
Division Environmental Officer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Slaughter:
Q?
v" Michael F. Easley, Governor
/? William G. Ross Jr., Secretary
N 4',Carolina ent of Environment and Natural Resources
6' Alan W. Klimek, P.E. Director
9?0 I Division of Water Quality
May 3, 2005
cy
Subject: Error in WQ Certification No. 05-0600
NCSR 1337 Dobbins Road
Avery County
Please find enclosed modified copies of the subject 401 Water Quality Certification issued on April 22, 2005. The wrong
county was listed at the top of page one and these copies correct that error.
If you have questions, please call me at 828-296-4500.
cc: John Thomas, USACE Raleigh Field Office
Vfransportation Permitting Unit
Sincerely, ?Q
Michael R. Parker
Environmental Specialist
N"qr? hhCarolina
ARAMa!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
w
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina D partm vironmenband Natural Resources
n W. Klimek, P.E. Director
Ot 'Lp o? ? Qivision of Water Quality
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
9li Ap r2005
99? Avery County
DWQpject No. 050600
NCSR 133?r(Dobbins Road)
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.06 acres of
wetlands adjacent to NCSR 1337 (Dobbins Road) and Hanging Dog Creek in Avery County. The project must be
constructed in accordance with the application dated April 4, 2004 (received April 11, 2005), including the environmental
commitments made in the application letter. We have decided that this fill is covered by General Water Quality
Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. 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 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.
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 Sup face Mining Manual.
North Carolina
Naturiqll?
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Intemet: h2o.encstate.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal OoportunitvlAffirmative Action Emnlover
Mr. Mike Pettyjohn, P.E.
April 22, 2005
Page Two
d. The 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. Land disturbance within the 25-foot wide buffer zone is 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.
5. Stringent sediment and erosion control measures should be implemented prior to any ground disturbing activities to
minimize impacts to adjacent and downstream aquatic resources. Temporary or permanent herbaceous vegetation
should be planted on all bare soil within ten (10) days of ground disturbing activities in the riparian buffer to provide
long-term erosion control. The WRC encourages the NCDOT to utilize. onsite vegetation and materials for
streambank stabilization, when practicable. The NCDOT shall comply with any and all conditions or moratoriums
requested by the NC Wildlife Resources Commission. Riparian vegetation must be reestablished within the
construction limits of the project by the end of the growing season following completion of construction.
6. 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.
7. Native trees and shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red
maple) should be planted along the toe of the fill slope adjacent to the wetland to reestablish the riparian zone. and to
provide long-term erosion control in the vicinity of the wetland.
8. Heavy equipment must be operated from the high ground rather than in the wetland in order to minimize disturbance
to vegetation and compacting soils.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials..
10. Discharging hydroseed mixtures and washing out hydroseeders and other, equipment in or adjacent to wetlands or
surface waters is strictly prohibited. .
11. Upon completion of the project, any temporary impacts from sediment and erosion control practices should be
removed and the affected areas restored to the extent practicable.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the 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 fora 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.
Mr. Mike Pettyjohn, P.E.
April 22, 2005
Page Three
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 or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely, / - l
C-.-Alan W. Klimek, P.E.
Attachment
cc: Heath Slaughter, Division 11, DEO
?ohn Thomas, USACE Raleigh Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
I
?QQ ??? Michael F. Easley, Governor
_ Wiliam G. Ross Jr., Secretary
vN rth Carolina Department of Environment and Natural Resources
[?J Alan W. Klimek, P.E. Director
Division of Water Quality
S,yN?s ??RQV? (?3
M?yq iry N April 22, 2005
8191 Caldwell County
cy DWQ Project No. 050600
NCSR 1337 (Dobbins Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.06 acres of
wetlands adjacent to NCSR 1337 (Dobbins Road) and Hanging Dog Creek in Avery County. The project must be
constructed in accordance with the application dated April 4, 2004 (received April 11, 2005), including the environmental
commitments made in the application letter. We have decided that this fill is covered by General Water Quality
Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. 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 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. 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.
Noe Carolina
aturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Intemet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. Mike Pettyjohn, P.E.
April 22, 2005
Page Two
d. The 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. Land disturbance within the 25-foot wide buffer zone is 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.
5. Stringent sediment and erosion control measures should be implemented prior to any ground disturbing activities to
minimize impacts to adjacent and downstream aquatic resources. Temporary or permanent herbaceous vegetation
should be planted on all bare soil within ten (10) days of ground disturbing activities in the riparian buffer to provide
long-term erosion control. The WRC encourages. the NCDOT to utilize onsite vegetation and materials for
streambank stabilization, when practicable. The NCDOT shall comply with any and all conditions or moratoriums
requested by the NC Wildlife Resources Commission. Riparian vegetation must be reestablished within the
construction limits of the project by the end of the growing season following completion of construction.
6. 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.
7. Native trees and shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red
maple) should be planted along the toe of the fill slope adjacent to the wetland to reestablish the riparian zone and to
provide long-term erosion control in the vicinity of the wetland.
8. Heavy equipment must be operated from the high ground rather than in the wetland in order to minimize disturbance
to vegetation and compacting soils.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to wetlands or
surface waters is strictly prohibited.
11. Upon completion of the project, any temporary impacts from sediment and erosion control practices should be
removed and the affected areas restored to the extent practicable.
12. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the 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.
' Mr. Mike Pettyjohn, P.E.
April 22, 2005
Page Three
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 or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, US Army Corps of Engineers
Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
STATE OF NORTH CAROLINA
10kka':74Q
0,9
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: 919-733-2520 SECRETARY
April 4, 2005
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office V v O
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #14
SR 1337 (Dobbins Road) and NC 184 Intersection
Avery County, North Carolina
Project Number: 112.1006014 (DWQ Permit Fee: $200)
Dear Mr. Thomas:
In October 2004, The NC Department of Transportation began work repairing hurricane storm
damage to the culvert carrying Hanging Rock Creek (Class C; Tr) under NC 184 outside Banner
Elk in Avery County. As a result of these repairs, a detour was needed in order to keep traffic
moving on NC 184. A temporary detour was constructed on the east side of NC 184. Since that
time, a new culvert has been constructed and traffic has been put back on NC 184. We are
proposing to put some of the fill material from the detour in the adjacent field and parallel to SR
1337 (Dobbins Road) due to the close proximity to the project. Dump trucks entering and exiting
the project will be less of a safety concern with an onsite waste area. Relocating the detour
material to this site will require filling 0.06 acres (2416 ft') of wetland adjacent to the toe of the
fill slope. At this time, there are no immediate plans to expand/widen the roadway (SR 1337) at
this location.
The area along SR 1337 that is underneath the existing detour and is within 50 feet of Hanging
Rock Creek will be graded back to pre-detour construction elevations. Once a buffer of greater
than 50 feet from the creek can be achieved, fill material will be tapered in along the roadway
shoulder. Fill material will end at a location greater than 50 feet from the tributary to Hanging
Rock Creek at this location (please see attached photographs, maps, and drawings). This site is
located within a conservation easement area and Hanging Rock Creek through this site is a
NCDOT mitigation site (COE Action ID #: 200320456, TIP #: R-2237WM, Project
6.739003T).
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE (336)667-9111 FAx (336)667-4549
f
Mr. John Thomas
SR 1337 and NC 184 intersection, Avery
Page 2
April 4, 2005
Construction of this project will require impacts to waters of the United States in the Watauga
River Basin. This project was reviewed for the presence of threatened and endangered species on
April 4, 2005. The subject project will have no effect on any federally listed endangered plant or
animal species. Historic compliance work will be scheduled and concurrence with the State
Historic Preservation Office will be obtained if required.
By utilizing the erosion control measures outlined in the attached plan, adjacent and downstream
water quality standards will be protected. All appropriate BMPs will be used during construction.
Please note that the special sediment control fence will be added approximately 5-10 feet from the
toe of the new fill throughout the wetland area. Impacts were calculated up to this fenceline.
Attached is a Preconstruction Notification Form, plan sheet with the proposed wetland fill
location, routine wetland determination datasheets, a wetland rating worksheet, a marked county
map, a marked topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
By copy of this letter, I am forwarding seven (7) copies of this application package to John
Hennessey, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his review. It is
requested that any comments related to the 401 certification be forwarded directly to me with a
copy sent to the US Army Corps of Engineers.
Since traffic has already been routed onto the new section of NC 184, we would like to begin
construction as soon as possible. If further information is required, please let me know. Your
early review and consideration will be appreciated.
Sincerely,
Staci Hining
Division Environmental Specialist
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessey, Division of Water Quality (7 copies)
Mike Parker, Division of Water Quality
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Jerry Combs, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Dennis Bennett, Bridge Maintenance Engineer
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 0606 00
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW #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: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659
Telephone Number: (336) 903-9203 Fax Number: (336) 667-4549
E-mail Address: sshiningndot.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: Staci Hining, Division Environmental Specialist
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro NC 28659
Telephone Number: (336) 903-9203 Fax Number: (336) 667-4549
E-mail Address: sshining@dot.state.nc.us
Page 3 of 12
J
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 1337 and NC 184 Intersection
2. T.I.P. Project Number or State Project Number (NCDOT Only): 112.1006014
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Avery Nearest Town: Banner Elk
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached SR map
5. Site coordinates, if available (UTM or Lat/Long):
Approximate Wetland DD: 36.1533°N, 81.8635° W
(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:
7. Property size (acres): Approximately 0.5 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Hanging Rock Creek (C; Trout)
9. River Basin: Watauga
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp:Hh2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
P,
10. Describe the purpose of the proposed work: Waste detour material closer to detour
location
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, dump
trucks
12. Describe the land use in the vicinity of this project: Residential/Farm
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.
The temporary detour wetland impacts were permitted through the 2004 hurricane damage
permit process.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
l
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number
indicate on ma Type of Impact* Impact
acres 100-year Floodplain**
es/no Nearest Stream
linear feet Type of Wetland***
yes
-10+00 - 12+00 Fill 0.06 Zone AE (Base flood 50 to>100 feet Ephemeral
elevations determined)
fi List each impact separately and identity 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
*** 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: 0.3 acres
Total area of wetland impact proposed: 0.06 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Perennial or
Site Number Type of Impact* Impact Stream Name** Width of Intermittent?
(indicate on map) (linear feet) Stream Before (please specify)
Impact
N/A
* 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, ditchingtstraightening, 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
uwtiv.usos.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., yc«w.topozonc.com,
Niww.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of
Name of Wat Type of Waterbody
Site Number Type of Impact* Impact (if applicable)
(lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
Page 6 of 12
r
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
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.
This site was selected because of its close proximity to the detour project. Dump trucks
entering and exiting the project will be less of a safety concern with an onsite waste area. By
utilizing the erosion control measures as shown in the plan, adverse impacts to Hanging Rock
Creek and adjacent wetland areas will be minimized. All approlriate BMPs will be used during
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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 7 of 12
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr. state. nc.us/ncwetlands/strm?,,ide.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/N.-rp/index.htun. 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
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):To be determined by COE
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
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
Page 8 of 12
4e
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A. NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I 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 213 .0242 or.0260.
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.
Impervious surface area will not increase. All appropriate best management practices for
sediment and erosion control will be implemented during construction.
Page 9 of 12
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
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Union
Watauga
Yancey
Page 10 of 12
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Name: VALLE CRUCIS Location: 036.1572837° N 081.8627003° W
Date: 4/4/2005
Scale: 1 inch equals 1333 feet
Copyright (C) 1998, Maptech, Inc.
Intersection of SR 1337 and NC 184 proposed waste site
Overall
Detour on right
inging Rock Creek
Existing detour
nd area to be impacted
Slope stakes
f
NOTE : END FILL CONSTRUCTION AT STATION
13+20 DUE TO STAY 50 Ft.
FROM BANK OF TRIBUTARY
NOTE FILL APEA FROM NEW HEAD WALL TO
FIRST SLOPE STAKE STA. II+00 SHALL
BE PLACED BACK AT EXISTING SLOPE
TO A POINT THAT IT CAN BE TAPERED
TO STA.11+00 AND NOT BE WITHIN ----- E`!S'NC si P
50 Ft. OF CREEK BANK e iwE---- - - _
SEO?E SiuRE LINE - - - - - -
`12+50 +13+00 ?
W 12+00 ?I3+50
\_
NOTE EROSION MEASURE FROM NEW HEAD 11+50 +?0
WALL TO STA. 12+00 SHALL BE ? Q7 END ':ON$T.
_?`\E I
SPECIAL SEDIMENT COIJTROL FENCE
REFER TO ROADWAY STANDARD / ?1 mI
DRAWINGS 1606.01 \E\ --II+00 0l
E \
l \ ` HANGING ROCK CREEK
C /89 \ Oc TO \
\ \ l?\ \? FOB
\ tiC 16"7
tHEAD WALL
WET AREA IN PROPOSED FILL = 2416 sq ft
` OR 0.06 ACRE
IO 0 0 ;o J
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Wetland site
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: NC 184 and SR 1337 (Dobbins Road) Intersection Date: 3/29/05
Applicant/ Owner: NCDOT County: Avery
Investigator: Staci Hining State: NC
Do normal circumstances exist on the site? Yes x No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID:
Is the area a potential problem area? Yes No s Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncus effusus herb FACW+
I 9.
2. Festuca spp. herb 10.
3. Ranunculus spp. herb ll.
4. Carex spp. herb 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other X Inundated
-Saturated in Upper 12"
X No Recorded Data Available Water Marks
Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: 3 (in.) Secondary Indicators:
Depth to Free Water in Pit: 3 (in.) x Oxidized Roots Channels in Upper 12"
x Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: 0 (in.) , FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Free water in pit was taken at places where no water was standing
SOILS
Map Unit Name
(Series and Phase): Nik-wasi loam Drainage Class: poorly/very poorly
drained
Taxonomy (Subgroup): Confirm Mapped Type? Yes x No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon tMunsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
10 A 10YR 4/1 10YR 4/6 few/distinct clavg loam
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy
Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No
Wetland Hydrology Present? Yes a No
Hydric Soils Present? Yes x No
Remarks:
Is the Sampling Point
Within a Wetland? Yes x No
Upland site
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: NC 184 and SR 1337 (Dobbins Road) Intersection Date: 3/29/05
Applicant / Owner: NCDOT County: Avery
Investigator: Staci Hining State: NC
Do normal circumstances exist on the site? Yes x No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No x Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Festuca spp. herb 9.
2. Ranunculus spp. herb 10. _
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 0%
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs Primary Indicators:
_ Other Inundated
Saturated in Upper 12"
X No Recorded Data Available _ Water Marks
_ Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: >12 (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: >12 (in.) _ FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Nikwasi loam Drainage Class: poorly/very poorly
drained
Taxonomy (Subgroup): Confirm Mapped Type? Yes No x
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
10 A 10YR 4/3 None None loam
Hydric Soil Indicators:
_ Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy
Soils
Sulfidic Odor Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Remarks:
No x Is the Sampling Point
No x Within a Wetland? Yes_ No x
No x
WETLAND RATING WORKSHEET
(Fourth Version)
Project Name: NC 184 and SR 1337 Intersection.
County: Avery Wetland Area: 0,06(acres)
Name of Evaluator: Staci Hining Date: 4/5/05
Wetland Location
? On pond or lake
® On perennial stream
? On intermittent stream
? Within intermittent stream divide
? other:
Soil Series: Nikwasi loam
? Predominantly orgard-liukinus, muck. or peat
® Predominantly mineral-nonsandy
? Predominantly sandy
Hydraulic Factors
? Steep topography
? Ditched or channelized
? Total wetland width > 100 feet
Nearest Rd. SR 1337
Wetland Width: -30 (feet)
Adjacent Land Use
Forested/natural vegetation 40%
Agriculture, urban/suburban 55%
Impervious surface 5%
Dominant Vegetation
(1) Juncus effiisus
(2) Fescue sp.
(3) Ranunculus spp.
Flooding and Wetness
? Semipennanently to permanently
flooded or inundated
® Seasonally flooded or inundated
? Intermittantly flooded or temporary
Surface water
? No evidence of flooding or surface water
Wetland Type (select one)
? Bottoinland Hardwood Forest
? Headwater Forest
? Swamp Forest
? Wet Flat
? Pocosin
? Bog Forest
? Pine Savanna
? Freshwater Marsh
? Bog/Fen
® Ephemeral Wetland
? Carolina Bay
? Other:
*The rating system cannot be applied to salt or brackish marshes or stream channels.
Rating
Water Storage
Bank/Shoreline Stabelization
Pollutant Removal
Wildlife Habitat
Aquatic Life Value
Recreation/Education
3 X 4.00 = 12
1 X 4.00 = 4 WETLAND RATING
4X5.00= 20 51
1 X 2.00 = 2
3 X 4.00 = 12
1 X 1.00 = 1
*Add 1 point if in sensitive watershed and > 10 % nonpoint disturbanc ewithin'/? mile upstream,
upslope, or radius.