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HomeMy WebLinkAbout20050600 Ver 1_Complete File_20050506OF W A11 e _ -1 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 ?i. ?-?? -? , ?? / ?` ?. i ??\ i r 0 0 0 f s 0 v 44, 44i k r \ /J( 1 /lr t I :! 1 `? - (Jl 1/ 111 c "J n..? y •t \\ / . ? V _ f _ia o ?/• r. __t?11f \ iJ y??l ,I I?.,` SI !!B .,m l_???.f : '"•• I _ pok Con i1 ?- Mt G?ali??ty Ch 11 • • '_. Banners l ) SR 1337 O em ?? I Proposed tey jp k Nitt , ` of waste area Qspl al' a i i , NC 184~. _ 1 C ?- • t1 - i ./ ' ngi nK Rat k - hap4t ti q ° l en / Detour location I N' I Y: i- 38??- R2 1 = "F/ 1 ;1 .r t ,u.? l (t i rr ? I.. r , H If : . I,?• ?1v • _ I 1 ,. .? j i Y f r?i j t !- - ,i( Sr`i' F r i f ' f. r 'DO ' \+ \ .?:N 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 III ?? rwrs I 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.