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HomeMy WebLinkAbout20080380 Ver 1_Application_20080303'~~~,~. ~y -~ ~~ ~~ s ~ .~ ," .~ ~.~• STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LY'NDO TIPPETT GOVERNOR SECRETARY PO BOX 3279, ASHEVILLE, NC 28802 February 28, 2008 Mr. David Baker US Army Corps of Engineers 0 Q ®~ 151 Patton Avenue, Room 208 (~ Q Asheville, NC 28801-5006 Subject: Nationwide Permits #14 SR 1524, Sam Fox Road State Project No. 130.057118 (DWQ Minor Permit Fee $240) Madison County, NC Dear Mr. Baker: I have enclosed astraight-line diagram with erosion control plan, a PCN application for NWP #14, and a vicinity map relative to the proposed project on SR 1524 Sam Fox Road, Madison County, NC. Sam Fox Road is currently a 12-14 feet wide gravel road. Division of Highways plans to pave the road l 8 feet wide and increase the typical section. Grading will be moderate. We propose to extend one (1) pipe culvert on an UT to Middle Fork. Total culvert extension will be 5 linear feet with a temporary impervious dike for dewatering during installation. The UT is an approximately 0.5-foot wide stream with sand/silt substrate and very little flow. - No stream relocation will be performed for the project. Existing channel morphology will be maintained upstream and downstream of the culvert. The culvert will be placed below existing streambed elevation whenever possible. Riparian vegetation will be reestablished along disturbed areas associated with the culvert extensions. Stormwater will be diverted through grass-lined ditches or vegetated buffers prior to entering streams. ~•'c. ~,! ~ 1~~, ~ ~~~~~ ~~ ~ ~ ~ ~~~~' w ~ ~ roc ~%' ~~~~r~ ~,,,~.~~,~v Mr. David Baker Page -2 SR 1524, Madison County February 28, 2008 No effect on federally listed species (threatened or endangered) or their habitats i~ anticipated. As a part of the 401 Certification process, a copy of the application will be forwarded to the NC State Historic Preservation Office as required by Section 106 of the National Historic Preservation Act of 1966 and GS 121-12(a). By copy of this letter, we request David McHenry, North Carolina Wildlife Resources Commission Coordinator, to comment directly to the Corps concerning the permit request. By copy of this letter, we are asking Ed Ingle, Area Roadside Field Operations Engineer, to comment on the above project. The UT of Middle Fork is not classified as trout. A buffer variance will not be required for the project. By copy of this letter, I am forwarding four (4) copies of the application package to Brian Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please charge the application fee of $240.00 to WBS element # 130.057118. Please forward comments directly to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please contact me at (828) 251-6171. Sincerely, ~ ~ ~ ~~~ Roger D. Bryan Division 13 Environmental Officer Enclosures cc: J.J. Swain, Jr., P.E. H. M. Coates, P.E. Ed Ingle, CPESC David McHenry Brian Wrenn Mike Parker ~ff1Ce USe OriIV: form Version R~tarch 0~ 2.0080380 USACE Action ID No. DWQ No. fir any particular item is not applicable to this project, please enter "Not Applicable" or "N;A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on pa~~e 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ I1. Applicant Information Owner/Applicant Information Name: J.J. Swain, Jr. P.E., Division Engineer Mailing Address: NC Department of Transportation P.O. Box 3279 Asheville NC 28802 Telephone Number: 828-251-6171 Fax Number: 828-251-6394 E-mail Address: rdbryanna,dot.state.nc.us ' 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) N/A Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as to~~ns, 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 1524, Sam Fox Road 2. T.LP. Project Number or State Project Number (NCDOT Only): 130.057118 3. Property Identification Number (Tax PIN): N/A 4. Location County: Madison Nearest Town: Mars Hill Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): SR 1524 is located off of US 19 and SR 1525 approximately 1 mile east of I-26 (see mad) 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.84655° N 82.50789° W 6. Property size (acres): 2.6-Acres 7. Name of nearest receiving body of water: UT to Middle Fork (WS - II) 8. River Basin: French Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is an existing_gravel road. Surrounding properties are farmland, forest and very low density residential Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: We propose to Grade drain base pave and install erosion control measures for SR 1524 Sam Foy Road. The equipment to be utilized includes an excavator backhoe and trucks 11. Explain the purpose of the proposed work: We propose to grade, drain. base. pave and install erosion control measures for SR 1524 We propose to extend an existing 4~' pipe by 5 feet The additional pipe is necessary to widen the road to the required typical section A small impervious dike will be constructed for dewatering during pipe extension Total culvert extensions will be 5 linear feet. The culvert will be installed to insure aquatic life passage within the streams. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits. certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project. list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No, no future plans. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts. permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 9 1. Provide a written description of the proposed impacts: We pose to extend one (1) pipe culvert on an UT to Middle Fork. Total culvert extension will be 5 linear feet. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams. separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: 0.0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length ~ (linear feet) Area of Im act p (acres) Site 1 (32+36) UT to Middle Fork Pipe Culvert Perennial 0.5' ~ 0.00006 Site I (32+36) UT to Middle Fork Temp. Dewatering Perennial 0'S 50 0.0006 Page 4 of 9 Total Stream Impact (by length and acreage) 5~' 0.0007 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds. Atlantic Ocean and any other water of the U.S.). Open water impacts include. but are not limited to fill excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma (• p) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) N; A 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.0007 Wetland Impact (acres): 0.0 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.0007 Total Temporary Stream Impact (linear feet): 50 Total Permanent Stream Impact (linear feet): 5 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that appi-y'): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 5 of 9 VII. Impact Justification (Avoidance and IVlinimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility. and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The existing secondary road must be improved to meet current safety standards for paved roads The pipe culvert extension requested is the minimum necessary to establish an appropriate typical section for the roadway- Riparian vegetation will be established on disturbed areas associated with the project construction. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing. or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall~be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnntide 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. Page 6 of 9 W'e do not feel that mitigation is warranted due to the minimal impacts of the ape culvert extension. Additionally paving of the roadway should eliminate sedimentation from tines associated with gavel roadway and provide a vegetated shoulder to buffer runoff If required, we propose to utilize the Ecosystem Enhancement Program (EEP) for the mitigation requirements for the proposed impacts NCDOT will be coordinating with the EEP to obtain the appropriate mitigation credits if required 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicati~l~~ that they are will to accept payment for the mitigation must be attached to this form. l~or additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.ushvrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) - N/A It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein. 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. Page 7 of 9 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .02;3 (Neuse), ] SA NCAC 2B .0259 (Tar-Pamlico). 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact Multiplier Required (square feet) Mitigation I 3 (2 for Catawba) 2 I.5 Total * 'Lone I extends out 30 feet perpendicular from the top of the near bank of channel:L_.one 2 extends an additional 20 feet from the edge of Z..one I. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway should eliminate sedimentation from fines associated with gravel surface treatment The roadway surface will be 40% of right of ~vav acreage. Stormwater will be diverted throuPh settling basins or grass lined buffers prior to entering the streams. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Page 8 of 9 Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance ~~ ith the most recent North Carolina Division of Water Quality policy posted on our website at http:/!h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). With regard to hazardous spill basins the road is not classified as an arterial route• therefore hazardous spill basins are not required 2/2 U Applica~/Agent's Signature D to (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 •~ ~ „q ~ ,~ rte.,, ~,''~s _ ~ ~ ~ ~~ .ti~~ ., r ~'_ _ - . / . y' ~ 'Ml .~ '~ `+. n ry i ~. i ... 1 ~ ._ .+ ~ ,, s; ' ~ ~ ....,~ ~ ~ r -" ,~ ,+ ri ~. _ . ~ .> ~, i! r _ 1 ~ t i : ~ `"~,i~ Q~ `, i .yam ~_ `uJ~ ~~' ~ I _ #i x t "r.,' .~ _.. , , , ;~ . ,~ ~ ~ ~ p f. ~r ~ '~''C,,'~ j J ~ r ~ ~ I ` • ~~ s~ ' t ~~ , ~4~~1 f '~ t ~ ~ t ~ ,. ~ y..t ~ _• s 1. ~ i r ~ ~ 'j I ~e r. t- o ~~~ ._ _ "-' ~ ~, ;~~ ~~~ ~.' t~ Site ~ ~ ~.~ +~~'' ~~ ,~ ~ ' 1~l ~~ ~ V ~ ~ j ~ t ` ^ ~ ~ ~ ~ , fl t` ~ ~, .. C ~` 1 `' ~ Y ~ \ '~ C l ~ ~ St ~ ~ L d ~ ~ ~ J ~ ~ ~~~~ ~` ,~~# 9 .^3 _ ~ ~ ` j r~_ ~.. ° ~' ~) r ~~ ~ ~ ~F.~1~~- ~' - A ~ '~. 5 _ ~~~ ~' ~ ~ `+, ~ ~ „'w°` ~,+ ~ ''s P ~ ~ •s ~ ~~ ~ ti ++. ~~ 1 _ ~ ~ ~,'4 ~ 1 Ate' ,_ ~ - ~ r ;~, p~~~+F,y~ ~. 4k.. Name: MARS HILL Date: 2/26/2008 Scale: 1 inch equals 1000 feet S t t` '.A Location: 035.8450900° N 082.5113618° W Caption: SR 1524 Sam Fox Road UT to Middle Fork Madison County, NC '~ it (_ ~ ~ ~` ~ ~:. ~t ~~ ~ ~ , . • f 4 ~ . . I ~ ; J `T ~ 'x Y~ J +~M ~ ~ ` '.~ P ~ t w~ 0 ~~ I'~ j ~ ; .'~ ~~ S f ~ ~ ,; ~' !~ _ , r~ ~ ~ ~ ~ ~ ~ ~ ~ k "" . fjfi •' °~ ~ ~~ __ Y ~ ~ • ~ is 3'_ .: ~ } ~ .. ~ ~ 1 ~ a ' {I r ~~ ( a~ r ~*..~, _~ ~~~ 2 ~ _. ~: O r 1998, Maptech, Inc Figure I. SK 152~t, UT to I~'liddle Fork, Station 32+36, 1~1adison County, NC N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD SURVEY SUBJECT: SR 1524 Sam Fox Rd. LOCATION: From SR 1525 To Survey Sta. 35+35 WORK TYPE: Grade, Drain, Base & Pave WORK ORDER: /3 ~ a ~5 ~ PRIORITY COUNTY: Madison TOV~-jNSHIP: Beech Glen DATE: 2-22-08 SCALE: 1"=50' NOTES: R/W 45' LENGTH: 2,535 = 0.48 mi. PREPARED BY:JSA/JPR/JMD Page 1 of 1 PIPE DATA SR 1524 Sam Fox Rd. County: Madison WORK ORDER STATION PRESENT SIZE PROPOSED SIZE NOTES 10+17 15" HOPE Cross Pipe/Other End Off Project/ Repair 10+22 24" CMP Other End Off Project 11+72 25'x18"CMP 40'x18" CMP Cross Pipe 12+52 50'x15"CMP Drive Pipe 14+50 40'x18" CMP Cross Pipe 22+26 30'x18"CMP '40'x18" CMP Cross Pipe 24+63 30'x36"HOPE Drive Pipe 25+50 40'x18" CMP Cross Pipe 30+00 80'x18"CMP Drive Pipe 32+36 45'x24"CMP 50'x24"CMP Cross Pipe 32+46 20'x12"CMP 20'x15" CMP Drive Pipe 34+00 40'x15" CMP Drive Pipe Page 1 of 1 POLE DATA Project: SR.1524 Sam Fox Rd. County: Madison Owner: French Broad / Verizon Station Pole Number Dist. From Center Present Road .. Dist. From Center Project Dist. Center Project After Moving Remarks Lt. Rt. Lt. Rt. Lt. 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