HomeMy WebLinkAbout20161130 Ver 1_Bridge 100592 Buncombe Permit Application_20161116 (2)Corps Submittal Cover Sheet
Ylease provide the following info:
1. Project Name: Bridge 100592, SR 2875 Dve Leaf Road
2. Name of Propei�Cy Owner/Applicant: NC DOT
3. Name of Consultant/Agent:
*Agcnt aulhoriza[ion nceds [o be attached.
4. Related/Previous Action ID number(s):
5. Site Address: N/A
6. Subdivision Name:
7. City: Fairview
8. County: Buncombe
9. Lat: 35.54322 Long: -82.35481 (Decimal Degrees Please )
10. Quadrangle Name: Black Mountain
11. Waterway: Cane Creek
12. Watershed: French Broad River
13. Requested Action:
X Nationwide Permit # 14
General Permit #
_ Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM Be�in Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site/Waters Name:
Keywords:
Transportation
November I5. 2016
Ms. Lori Beckwith
US Army Corps of Cngineers
I 51 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: NationwidePermit#14
Bridge 100592, SR 2875 Dye Leaf Road
State Project No. 17BP.13.R.38
Buncombe County, NC
Dear Ms. I3eckwith:
PAT McCRORY
Covomar'
NICHOLAS J. TENNYSON
secmmry
I have enclosed a set of plans, a PCN application for NWP #14, and a vicinity map relative to the
proposed bridge replacement project on SR 2875 Dye Leaf Road, Buncombe County, NC.
We propose to replace the existing 16'6" timber bridge with an aluminum box culvert
(22'9"x5'4") with low flow sills and baftles. Stream slope at the site is 2.8%. Culvert
installation will result in permanent impact to 32 linear feet of Cane Creek. Temporary impacts
to 92 linear feet of the stream are necessa�y for dewatering/diversion and an onsite detour. The
stream is approximately 12 feet wide with predominately gravel and cobble substrate. Cane
Creek is classitied as Class C, Trout.
Existing channel morphology will be maintained upstream and do�vnstream of the culvert.
Riparian vegetation will be reestablished along disturbed areas associated with the project.
Stonnwater will be diverted tlu�ough grass-lined ditches or vegetaCed buffers prior to entering
streams.
This project may impact potentially suitable northern Iong-eared bat (Myotis septen[rionalia)
(NI,EQ) sununer roosting habitat via tree clearii�g. Less than 10 trees will be cleared for the
piroject. However, the project is located outside of the highlighted areas/12-digit HUC's and
does not require prohibited iiicidental take; as such, this project meets the criteria for the 4(d) rule
and any associated take is exempted/excepted. No effect on the remaining Buncombe County list
of federally protected species (threatened or endangered) or designated critical habitat will occur.
Andrew Henderson of US Fish and Wildlife Service is copied on the application for review.
!'i'Nothing Compares'%.�
S�a�eo(NorihCarolina I Depa�imen�o('17anspoite�ion I DirisionThinccn
SS Orangc Strect I� 6ox 3279 � Ashe�311e, NC 288023279
R282516191 T
Lori Beckwith
Page —2 Bridge 100592, Buncombe County
November 15, 2016
As a part of the 401 Certification process, the project was processed through the DOT
P�rogrammatic Agreement for Minor Project as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a). No Historic Resources will be affected.
These forms are attached for the Corps file.
By copy of this letter, we request Marla Chambers, North Carolina Wildlife Resources
Commission Western Region Coordinator, to comment directly to the Corps concerning the
permit request.
By copy of this Ietter, we are asking the Area Roadside Field Operations Engineer, to comment
on Uie above project. Cane Creek is classified as Class C, Trout. The project will not require a
trout buffer variance.
By copy of this letter, I am forwarding one electronic copy of the application package to Kristi
Lynn Carpenter, NC Division of Water Resources, Transportation Pennitting Unit with cc to
Kevin Barnett, NC DWR Asheville Regional Office for review and comment. Please charge the
application fee of $240.00 to WBS element # 17BP.13.R38. Please forward comments directly
to the Corps with copy to Division 13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated
questions or information needs, please contact me at (828) 251-6171.
Sincerely,
G°�` p �y�
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
Chris Medlin, P.E.
Reid Whitehead, P.E., CPESC
Kevin Barnett
Marla Chambers
Andrew Henderson
If you have any
Office Use Only:
Corps aclion ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? X Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes X No ❑ Yes X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation X Yes ❑ No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
tg. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ❑ Yes X No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No
2. Project Information
2a. Name of project: Bridge 100592, SR 2785
2b. County: Buncombe
2c. Nearest municipality / town: Fairview
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state 17BP.13.R.38
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if N/A
applicable):
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: North Carolina Department of Transportation
4b. Name: J.J. Swain, Jr., P.E., Division Engineer
4c. Business name N.C. Department of Transportation
(if applicable):
4d. Street address: 55 Orange Street, P.O. Box 3279
4e. City, state, zip: Asheville, NC 28802
4f. Telephone no.: 828-251-6171
4g. Fax no.: 828-251-6394
4h. Email address: rdbryan(a�ncdot.qov
5. AgenUConsultant Information (if applicable)
5a. Name: N/A
5b. Business name N/A
(if applicable):
5c. Street address: N/A
5d. City, state, zip: N/A
Se. Telephone no.: N/A
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID) N/A
1 b. Site coordinates (in decimal degrees): Latitude: 35.54322° N Longitude: - 82.35481 ° W
1c. Propertysize: 0.lacres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Cane Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C, Trout
2c. River basin: French Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing bridge on SR 2785 surrounded by low density residential area and forest.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
100
3d. Explain the purpose of the proposed project:
Replace the existing 16'6" timber bridge with an aluminum box culvert (22'9" x 5'4" x 32') with low flow sills and baffles.
3e. Describe the overall project in detail, including the type of equipment to be used:
A permanent impact to 32 linear feet of Cane Creek will be necessary for culvert installation with 36'of temporary
impact(2@ 54") for an onsite detour during construction. In addition, a temporary impact to 56 linear feet will be
necessary for an impervious dike/diversion to dewater the work area during construction. Equipment used will
include excavator, crane, and trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / � Yes X No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type � preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for � Yes X No ❑ Unknown
this project (including all prior phases) in the past?
Sb. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ❑ Yes X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.3 December 10, 2008 Version
Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands X Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non-404, other) (acres)
Tem orar T
W� � P� T ❑ Yes ❑ Corps
❑ No ❑ DWQ
WZ � P� T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W3 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W4 � P� T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W5 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W6 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3 b. 3c. 3d. 3 e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ — non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
St ❑ P X T Impervious Cane Creek X PER X Corps 12 56
Dike/Dewatering ❑ INT ❑ DWQ
S1 ❑ P X T Temporary Detour Cane Creek X PER X Corps 12 36
Pipes ❑ INT ❑ DWQ
S1 X P❑ T Aluminum Box Cane Creek X PER X Corps 12 32
Culvert ❑ INT ❑ DWQ
S2 � P 0 T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S3 ❑ P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
3h. Total stream and tributary impacts 124
3i. Comments: 32 feet of permanent culvert impact, 92 feet of temporary impacts for dewatering and temporary detour pipes.
Page 4 of 10
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individuall list all o en water im acts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem orar T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If ond or lake construction ro osed, then com lete the chart below.
5a. 5b. Sc. 5d. Se.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
Sf. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar-Pamlico ❑ Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number — Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Tem orar T im act re uired?
B1 ❑P❑T ❑Yes
❑ No
62 ❑P❑T ❑Yes
❑ No
B3 ❑P❑T ❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Minimized length of culvert and has low flow arch and sills to maintain natural stream channel boltom within the structure.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
N/A
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for X Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ X Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this X Payment to in-lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (altach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is altached. X Yes
4b. Stream mitigation requested: 32 linear feet
4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool X cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3(2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified � Yes X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? N/A
2b. Does this project require a Stormwater Management Plan? X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The project will use BMP's to the Maximum Extent Practicable (MEP) in compliance with NCDOT's NPDES Permit No.
000250 Post Construction Stormwater Program
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? X DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? N/A
❑ Phase II
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
apply (check all that apply): ❑ USMP
❑ Water Supply Watershed
X Other: N/A
3c. Has the approved Stormwater Management Plan with proof of approval been N/A
attached?
4. DWQ Stormwater Pro ram Review
❑ Coastal counties
❑ HQW
4a. Which of the following state-implemented stormwater management programs apply � ORW
(check all that apply): ❑ Session Law 2006-246
X Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? N�A
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A
5b. Have all of the 401 Unit submittal requirements been met? N�q
Page 8 of 10
PCN Form — Version 1.3 December 10. 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes � No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surtace Water or Wetland Standards, ❑ Yes � No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ❑ Yes � No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or � yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act � Yes � No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Field survey of the project area and evaluation of current distribution data.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes � No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Current Maps/Database
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation � Yes � No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Current Maps/Database
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? � Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: Project will not impact water passage or flood zone beyond existing
conditions
Sc. What source(s) did you use to make the floodplain determination? Current FEMA Maps
Roger D. Bryan 11115/2016
�y �
Applicant/AgenYs Printed Name ApplicanUAge 's Signature Date
(AgenPs signaWr is valid only if an authorization letter from the applicant
is rovided.)
Page 10 of 10
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Figure 1. Bridge 100592, SR 2785, Cane Creek, Buncombe County, NC.
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Figure 2. Bridge 100592, SR 2785, Temporary Detour Location (existing pipe) over UT to Cane Creek and existing bridge
structure, Buncombe County, NC.
Environmental
Quality
PAT MCCRORY
Go�emor
DONALD R. VAN DER VAART
Secrefary
Mr. Roger Bryan
NCDOT Division I3 Environmental Supervisor
North Carolina Department of Transportation
Post Officc Box 3279
Asheville, North Carolina 28R02
Dear Mr. Bryan:
November 14, 2016
Subject: Mitigation Acceptance l,etter:
Division 13 Project, Replace Bridge Number �00592 over Cane Creek on SR 2785 (Dye Leaf
Road), Suncombe County; WBS Element 17AP.13.R38
The purpose of this letter is to notify you [hat the North Carolina Department of Environmental Quality -
Division of Mitigation Services (NCDEQ-DMS) will provide the compe�uatory stream mitigauon for the subjec[
project Based on the information received from you on November 14, 2016, the impacts are located in CU
06010105 of the French Broad River basin in the Southern Mountains (SM) Eco-Region, and aze as follows:
--- -- ._..----... --
French Broad Stream Wetlands Buffer (Sq. FtJ
06070105 Non- Coastal
Sy�,� Cold Coo] Warm Riparian � arian Marsh Zonel 'Lone2
Impacts 32.0 0 0 0 0 0 0 0
(feet/acres _ _ _
This impact and associated mitigation need were under projected by the NCDOT in the 2016 impact data.
NCDF.Q-DMS will commi[ to implement sufficient compen5atory streazn mi[igation credits to offset the impacts
associated with this project as determined by the regulatory agencies using the delivery timeline lis[ed in Section
F3.c.iii of the In-Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amonnts are revised, then
this mitigation acceptanec letter will no longer be valid and a new mitigation acceptancc letter will be required from
NCDEQ-DMS.
8420.
If you have any questions or need additional infonna[ion, please conWct Ms. Beth Harmon at 919-707-
Sincerely, <�-�
James . tanfill
Credit nagcment Supervisor
ec: Ms. Lori Beckwith, USACE - Asheville Regulatory Field Office
Mr. Christopher D. Medlin, Y.E., Division 13 Sridge Maintenance Manager
Ms. Linda Fitzpatrick, NCUOT - PDEA
File: SR 2785 - Bridge 100592 - Divisiou 13
�Nothing Compares�
Sta!e n; fJortl� Carolina � Em�mnmentai Qwlity
1601 Ma;ISe�vi<e Center � Falr.igh, kortli Camrw Ubi9- �: l'
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