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Home My WebLink About20090485 Ver 1_Application_20090429O N STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR April 24, 2009 Mr. David Baker, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 , 17, :.ST FkQ h/4// `?9a`uY EUGENE A. CONTI, JR. SECRETARY ®9®485 Subject: Nationwide 14 Permit Application SR-1564, Brasstown Road - Safety Improvement Cherokee County State Project No. 14C.020031 (DWQ Minor Permit Fee $240) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to widen the shoulder and improve safety at a single point on SR 1564, Brasstown Road, near the intersection of SR 1568, Hemphill Road, in Cherokee County. This proposal entails the extension of an existing pipe, stabilizing a section of undercut bank and relocating a section of stream channel. There is currently insufficient width to widen the shoulder to provide the necessary safety improvement. NCDOT would like to proceed with this work as soon as the permits can be obtained. I am enclosing a pipe installation detail, photographs, a marked county map and USGS topographic map. We propose to extend one culvert slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. The North Carolina Natural Heritage Database was checked for records of federally threatened and endangered species. 'There are no records listed in the database for the Ricks Branch watershed. Additionally, there are no records listed for Little Brasstown Creek from the confluence of Ricks Branch to the confluence of Little Brasstown Creek with Brasstown Creek. The unnamed tributary is small and does not have sufficient flow to support mussels. This project is limited in scope and impacts should be minimal. For these reasons, we believe there will be "no effect" to threatened or endangered species. Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation Office (SHPO) and the Office of State Archaeology determines that further investigations are required, NCDOT will conduct the appropriate site investigations and obtain compliance from SHPO prior to project construction. The best management practices will be used to minimize and control sedimentation and erosion at this site. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion is being effectively controlled. If the planned devices are not functioning as intended, they will be immediately replaced with better devices. The rock silt screens and other erosion control devices will be in place prior to pipe culvert construction and will remain in place until the project is stabilized. Impacts to Waters of the United States Ricks Branch is shown on the USGS topographic map as a perennial stream. The channel substrate is primarily composed of gravel, sand and silt. The channel lacks vegetation. Ricks Branch flows into Little Brasstown Creek approximately 360 feet downstream of SR 1564. Little Brasstown Creek in turn flows into Brasstown Creek approximately 2.5 miles downstream. Brasstown Creek flows into the Hiwassee River approximately 1.2 miles below the confluence with Little Brasstown Creek. The Hiwassee River meets the definition of a Traditional Navigable Water. For these Reasons, we believe that Ricks Branch is a Relatively Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to make the desired safety improvements to SR 1564, it will be necessary to impact waters of the United States in the Hiwassee River Basin. Specifically, NCDOT is requesting to extend one culvert in Ricks Branch (DWQ Class IV), stabilize an undercut bank and relocate the channel away from the road. The proposed impacts are listed below. Site No. Existing Condition Proposed Condition Net Impacts Station Site 1 48' x 60" CMP 58'x 60" CMP 10' Site IA Free Flowing Channel Flow Diversion 135' Site 2 15' Eroding Undercut 15' Bank stabilized with IS' Bank Class II Shot Rock Site 3 30' Free Flowing 30' free flowing , 30 Channel relocated channel Temporary Impact for Impervious Dike and Flow Diversion: 135 linear feet Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact Michael Jones at (828) 321-4105. Your early review and consideration will be greatly appreciated. Sincerely, lC Wesley Grindstaff, . District Engineer cc: Mr. Brian Wrenn DWQ, DENR, Raleigh (four copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. Troy Wilson, Biologist, U.S. Fish and Wildlife Service, Asheville Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr. J. B. Setzer, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT O2oF WA7f9Q a o -mac Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. A ticant Information 1. Processing I a. Type(s) of approval sought from the Corps: Section 404 Permit ? Section 10 Permit I 1 b. Specify Nationwide Permit (NW P) number: NW 14 or General Permit (GP) number: 1c. Has the NW P or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ® Yes ? No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No I h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: SR 1564, Brasstown Road Spot Safety Repair 2b. County: Cherokee 2c. Nearest municipality /town: Brasstown 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 140.020031 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 applicable): N/A 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: ? Agent ® Other, specify: District Engineer 4b. Name: Wesley Grindstaff 4c. Business name (if applicable): North Crarolina Department of Transportation 4d. Street address: 191 Robbinsville Road 4e. City, state, zip: Andrews, NC 28901 4f. Telephone no.: 828-321-4105 4g. Fax no.: 828-321-3228 4h. Email address: wtgrindstaff@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 5b. Business name (if applicable): N/A 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Telephone no.: N/A 5f. Fax no.: N/A 5g. Email address: N/A Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification ' 1 a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude: 35.0217 Longitude: - 83.9939 (DD.ODDDDD) (-DD.DDDDDD) 1c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ricks Branch proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Hiwassee 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: Landscape is forested and open land. 31b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: To widen the shoulder near the intersection and eliminate a safety hazard. 3e. Describe the overall project in detail, including the type of equipment to be used: A 15-foot section of bank will be stabilzed with Class II shot rock. A new channel will be constructed and the existing pipe will be extended. Once the channel is diverted the old channel will be filled. The shoulder then will be widened. Back hoe, dump truck, water pumps, diversion pipe, various hand tools will be used to accomplish the work. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: N/A 4b. If the Corps made the jurisdictional determination, what type El Prelimina El Final ry of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A 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. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ®No 6b. If yes, explain. N/A Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ® 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 ora T W1 ? PEI T N/A N/A ? Yes ? Corps N/A ? No ? DWQ W2 ? 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. 3b. 3c. 3d. 3e. 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) S1 ®P ? T Culvert Ricks Branch ® PER ? INT ® Corps ® DWQ 6 10 S2 ? P ® T Flow Diversion Ricks Branch ® PER ? INT ® Corps ® DWQ 6 135 S3 ®P ? T Bank Stabilization Ricks Branch ® PER ? INT ? Corps ? DWQ 6 15 S4 ® P ? T Channel Ricks Branch ® PER ? Corps 6 30 Relocation ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 55 3i. Comments: Temporary Impacts Impervious Dike and Flow Diversion is 135 feet Page 4 of 10 PCN Form -Version 1.3 December 10, 2008 Version 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 individually list all open water impacts 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 ora T 01 ? P ? T N/A N/A N/A N/A 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts N/A 4g. Comments: N/A 5. Pond or Lake Construction If and or lake construction Proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. 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 N/A N/A N/A N/A N/A N/A N/A N/A P2 5f. Total N/A N/A N/A N/A N/A N/A N/A 5g. Comments: N/A 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 6. Buffer Impacts (for DWO) If project will impact a.protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ?Tor-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) Temporary T impact required? 61 ? P ? T N/A N/A ?? Yes N/A N/A B2 ?P?T ?Yes ? No 83 ?P?T ?Yes , ? No 6h. Total buffer impacts N/A N/A 6i. Comments: N/A Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ? No 2b. If yes, mitigation is required by (check all that apply): ® DW Q ® Corps 26. If yes, which mitigation option will be used for this project? ? Mitigation bank ® Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ®cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A 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. N/A Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWO _ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® 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 N/A N/A 3 (2 for Catawba) N/A Zone 2 1.5 6f. Total buffer mitigation required: N/A 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). N/A 6h. Comments: N/A Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes N No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diff use flow plan included? If no, explain why. ? Yes ? No Comments: N/A 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ? Yes N No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is covered by individual NPDES Permit NCS000250 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? 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 E] NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes No El attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HOW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) I a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1b. 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)? 1c. 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 Surface 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. This is a rural secondary road with a necessary isolated safety improvement. Development patterns are not anticipated to change significantly. 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? El Raleigh Sc. 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? 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? N/A-There are no marine or estuarine communities within the Blue Ridge Province. 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? A copy of this pemit will be submitted by DWO to the State Historical Office for review for cultural resources. 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: Be. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Wesley Grindstaff 4/24/2009 Applicant/Agent's Printed Name A IicanUAgent's f ature (Agent's signature is valid only if an out r ion fetter from the applicant Date is rovid Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version COUNTY: CHEROKEE GPS SR.NO_ SR 1 64 RD_ NAME: BRASSTOWN RD. 0 ^ 35 01 18 N JDEC.3S.0217 PIPE STA. N/A SITE No. o ' " W. BR. .83 59 38 DE.83.9939 EXIST. g UNDER CUT'.BANK ?GHANNEL d' CL CLASS II SHOT;-ROCK F z; u PROP. \ { . CHANNEL NORTH uI b0 / HEMPHILL RD.SR-1568 i ti J( ' 6'fiBR. ' l NOTE: i PROPOSED--ADD 1D'X 60"CMP_ BRASSTOWN RD. TO INLET END OF EXIST.60" CMP. SR-1564 TO WIDEN SHOULDER--FOR SAFETY PURPOSE. APPROX. 30' OF CHANNEL MUST BE SHIFTED TO BUILD SE. ` I E .I l I I T " = ` I -I 1 - i- r J I III I I - - - - - - -- - - - - - - - - - ? ' I I I I I -I-I _ lil t f_ = _ . - - - I { I I I I f ? . ? ` I I I I 1 I 1 1 I 1 1 I ? ? - - µ . ! ? . '' I - ? I I. I I . I I . . -a - i I- rl - - i ` I I I f ' I I .il IL ml Pl - - E [L 71 If I I I _1 7 -1- 7 l .. _ - I ? T - - - ? I I I I I I I I 'i ? L I I rT T I -? r - - - - - I 1 - - - - I I I I I I I ? I I I I I I I 1 I I- I ? I M _ - ? - I - I I I I . I I I I t i I I I I I I V I I I I I I I I I I I I i I I I I I I I 1 1 = - T I I I t i I 1 I I I I I I I I I I I I I I I I I I i I I ? I I I I I I I , I I . I I 1 1 1 I I ? 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