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HomeMy WebLinkAbout20010443 Ver 1_Complete File_20010326O?O?A T ?RQG April 25, 2001 Avery County DWQ Project # 010443 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Town of Banner Elk C/o Danny Clark Post Office Box 156 Banner Elk, NC 28604 Dear Mr. Clark: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 30 linear feet of streams for the purpose of temporary road crossings to a wetland improvement area near Banner Elk Town Hall as described in your revised application dated April 18, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, 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. Only three culverts are approved and one must be higher to accept flood flows. 2. The two culverts in the active stream must be set one feet below the stream bed to allow fish movement. 3. Only clean shore shall be used for fill. 4. No live concrete shall contact surface waters. 5. Sediment and Erosion Control measures for High Quality Waters must be used. 6. Culverts shall be removed and site revegetated immediately after construction is complete. ev. ?..i Michael F. Easley Governor Sherri Evans-Stanton, Acting Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-9959 w Ark 9 p Michael F. Easley \Q G Governor Sherri Evans-Stanton, Acting Secretary Department of Environment and Natural Resources Kerr T, Stevens Division of Water Quality 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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 John Dorney at 919-733- 9646. Sincerely, Derr . Steve s Attachment cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office File copy Central Files Todd St. John NhuLN4 Division of Water Quality 1621 Mail Service Center Ralelgh, NC 27699-1621 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-9959 MEMORANDUM TO: John Dorney Regional Contact: Michael R. Parker Non-Discharge Branch WO Supervisor: Forrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Town of Banner Elk County Avery Project Number 01 0443 County2 Recvd From APP Region Asheville Received Date 3/26/01 Recvd By Region Project Type temp road Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 14 Stream O YO N F- 8-22-7 F-c 7 TR 40,201. F F_ 30.00 I - Y Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y tP N Did you request more Info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? p Y (P N Recommendation: Q Issue 0 Issue/Coed O Deny Provided by Region: Latitude (ddmmss) 360951 Longitude (ddmmss) 815202 Comments: Requested change of design from four culverts to three with one culvert set high to accept stormwater flow. Recommend issuance with the following conditions: 1. Culverts in the actual water be set one foot below the surface of water to allow for fish and wildlife migration. 2. Only clean stone is to be used for backfill. 3. No live concrete shall be allowed to come into contact with surface waters until it has hardened. 4. Sediment and Erosion control practices for trout waters shall be employed, Trout are present in this area. WRC shocked stream while I was there. 5. Culverts shall be removed when construction of wetland is complete, cc: Regional Office Central Office Page Number 1 VAUGHN & MELTON Consulting Engineers 1318-F PATTON AVENUE ASHEVILLE, NORTH CAROLINA 28806 (828) 253-2796 FAX (828) 253-4864 To PcDegofZ WETLA00S 40 1 0017- 2-371 CPAOT9EF OL-V0.4# zsa Pa lei b, NG 2 _160? WE ARE SENDING YOU)N?Attached II Under separate cover via- Shop drawings I Prints [ 1 Plans Copy of letter LI Change order +-18-01 L * 3oa 48-01 ATTENTION RE P2E -CoNsTPQoc-nwJ AppL?cA-noAJ C ?-Fvr?io??S? following items: 1-1 Samples -1 Specifications COPIES DATE NO. DESCRIPTION 5 4--IB-o1 ?tu?sed D(LgWIN1S Cg??i ?I X II ?? pvx ?l K2 ?AR K2(? APR 2 3 2001 THESE ARE TRANSMITTED as checked below: XFor approval I I Approved as submitted ? For your use I I Approved as noted I-] As requested 1-1 Returned for corrections 1-1 For review and comment I :I 1-1 FOR BIDS DUE REMARKS 1-:1 Resubmit copies for approval [ I Submit copies for distribution I I Return----corrected prints 19-- 1 1 PRINTS RETURNED AFTER LOAN TO US __?f-?_ COPY TO --- - - -- - - SIGNED: Vaughn & Melton Consulting Engineers Post Office Box 16339 Asheville, North Carolina 28816 (828) 253-2796 Fax (828) 253-4864 Email: vandm@vaughnandmelton.com April 18, 2001 APR Z 3 2MI Mr. John Dorney NCDEHNR 2321 Crabtree Blvd. #250 Raleigh, NC 27604 Dear Mr. Dorney: Please find attached the revised drawings for the Shawneehaw Creek crossing in Banner Elk, NC near the town hall. We hope they meet your approval, but if you have any further questions please call. Thank you for your time to review this project. Tamra K. Dawsey Sincerely, 4'.. Park Terrace Center • 1318-F Patton Avenue • Asheville, North Carolina 28806 ,Z. W n IN roa TOW WILL BIT B8T PROPOSED RIVER CROSSING NEAR TOWN HALL THE TO WN OF BANNER ELK BANNER ELI(, N09M CAROLINA TATE-EVANS PAW A, NOTE: BACK ILL LCD p'S WITH WAS STONE. IP I ?Aw .4Pr mw *A" .41 PROPOSED RIVER CROSSING NEAR TOWN HALL THE TOWN OF BANNER ELK BANNER ELK, NORTH CAROLM v mw 11 ILX • lm re a TOWN WILL Aw TAT[-CVAM TANK NOTE: BACKFILL MP'S WITH /AS ED STONE. IP GC]TBRIEIGE im or 1AlIe1 ax Mumma TMM FALL NP 3-24" CMP' S 1IN8'B'8AM, PROPOSED RIVER CROSSING NEAR TOWN HALL THE TOWN OF BANNER ELK 9ANNER ELK. NORTH CAROLINA TAT[-CVMR PM NOT': BAC&LL WITH WAS BD STONE. SU IINBB'BA F CRUX, PROPOSED RIVER CROSSING NEAR TOWN HALL 7M1 Q TY?? aK nun M" TAM-avmw PM Bsr ir-M THE TOWN OF BANNER ELK BANNER ELK. NORTH CAROLINA NOTE: BACKFILL CKP'S WITH WAS LED STONE. VAUGHN & MELTON Consulting Engineers 1318-F PATTON AVENUE ASHEVILLE, NORTH CAROLINA 28806 (828) 253-2796 FAX (828) 253-4864 TO itj c f) E 14 OK IWETLANICIS /`F01 Otia- 2321 U A1f31RF_E C3LUZ, _-J:?ZSa Fede-11 , NC sl(ooq WE ARE SENDING YOU ? Attached ? Under separate cover v ? Shop drawings L7 Prints 1-1 Plans ? Copy of letter ? Change order [ J -_- OATS -I I JO1// / -? O ?300 48-0 ATTENTION ,TDk N Dovot-, ' RE PA p-Cati S vd $1 _ -___the following items: ? Samples ? Specifications COPIES DATE NO. - ---------------------- DESCRIPTION 40 0 1044 8'/-t l i X I I, I I C1 Y.q Qi A/y 5 1 3?ca?01 COVI iZ let?ek l 3-11-01 CtiPc? : 7-00,00 THESE ARE TRANSMITTED as checked below: h(For approval I I Approved as submitted ? For your use I I Approved as noted ? As requested ? Returned for corrections [--.I For review and comment 1-1 - ? FOR BIDS DUE REMARKS ? Resubmit copies for approval F] Submit copies for distribution I I Return -corrected prints 19 11 PRINTS RETURNED AFTER LOAN TO US PAYMENT RECEIVED COPY TO SIGNED: / Vaughn & Meldon Consulting Engineers Post Office Box 16339 Asheville, North Carolina 28816 (828) 253-2796 Fax (828) 253-4864 Email: vandm@vaughnandmelton.com March 19, 2001 John R. Dorney Wetlands/401 Unit 01044' 2321 Crabtree Blvd. 4250 Raleigh, North Carolina 27604 Dear Mr. Dorney: Please find enclosed 7 ke-construction notification applications, along with 7 copies of the topographic vicinity map, 7 copies of 8'/2" X l 1" drawings of the project site in Banner Elk, NC. and a check for $200.00 for less than an acre of wetland impact and less than 150 linear feet of stream impact. The proposed temporary stream crossing is for construction equipment (backhoe) to cross Shawneehaw Creek during excavation for a constructed wetland. The crossing area to be constructed includes the placement of four - 24" Corrugated Metal Pipe in Shawneehaw Creek to be back-filled with washed stone using a back-hoe for placement of materials. This crossing will be designated as a Temporary Access location for construction equipment to the constructed wetland. Thank you for your time and attention to this project. PAYMENT RECEIVED Sincerely, *?C? cxa-0?1 Michael Calhoun, PE Park Terrace Center • 1318-F Patton Avenue • Asheville, North Carolina 28806 010443 ULM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : _ I!- PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT i $E4D THE ORIGINAL AND (1) COPY OF THIS, COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS,, OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD HE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PI.S -g DRINT. 1. , PN*RS MANN: owo of C3gUaE2 1:LK. ?fo 1`?auu?u? CL"t 2. MAILING ADDRESS :_ . O. 13O X 15 SUBDIVISION NAME: CITY: 13ANuert ELL(, STATE: m- ZIP CODE: Z8rioLl PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFEREM FROM MAILING ADDRESS ABOVE): t 3. TELEPHONE NUMBER ( HOME) : (WORK) : 9 28 - $ 9 S - S 3 9 8 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER : MI t khrSL A, (' 40y aN (929) Z 'f 3-21% V AyGiFN -t- mc(,TDN Com s uLnNG GNG iN izk e5 1318-F PA-fibN .4vE. , As&wi1. x, N?_?$8o _ S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY : A vs F -V NEAREST TOWN OR CITY: [bAN NEIL I I SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) e)I=F VC 'eq. NEAR GAtJ0E2 ELK 'T WQ f+A-LL 13ESIOE Fool ORLOGE A!CR45S 5RAWMEERAW C1zEEK APP 12.66ENTLIt Co1J57?dLT?n R oFM wl4y . _ 6. IMPACTED OR NEAREST STREAM/RIVER : 7A I? N EF ?7A ?'`? C ?EE;K RIVER BASIN: U.)ATTAU(PA RLUE9 DA$ W ._.-?-. PAYMENT RECHVED 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTNATSR (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORN)), WATER SUppLY . (WS - I OR WS - I I) ? YES ()() NO [ ) IF YES, EXPLAIN : . TIC VAnC L t F-E S L CON DA-A V BECK CA-T7o N , FR-(SS if . 'rito T lWA-m2S 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE OF ENVIRONMENTAL CONCERN (AEC)? 01A YES [ J NO ( ) 7C. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: AVA 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ) NO [ Ler' IF YES, PROVIDE1ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ I NO [ W IF YES, DESCRIBE ANTICIPATED WORK: 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 4 I.o At-rE 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SATE: ,L ?.O A-r-9 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: L (.O A;G(Z, - EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: .C I ACRE 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: ?( FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER : _ 15 1 FT AVERAGE DEPTH BEFORE : FT AFTER : S FT (2) STRE_nM Ckstafs?L IMPACTa WZ •L RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: _ CHANNEL ELEVATION: CONSTRUCTION OF A DAWFLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING IJ?A- TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12• DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL Bmvwnrr TO BE USED (ATTACH PLANS: ON" X 11" DRAWINGS ONLY) : _PLACEMEPT OF Foy12- 2?,? C?MP`s (k 5H-4WNEEH-ALJ CR-EEk TN-Etj (3qc? FIL Fn (?J T}? Lt)A? S N? D 57-60E Foe. A- 'TLm PoR A-f q ACC E'5 S -M W E T LA4ND5 )CoilE mF-&)T kQEA 13RD 6- U)ILC, 0E 0SE10 13. PURPOSE OF PROPOSED WORK:-_Q TEINPORARfLU A-GG65S THE S'mjtmWAjw TµPRoUEW?ENT h?EA f3U H-sav!/ EQUiPmgJT7, 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SSE AGENCY ADDRESSES SHEET) REGARDING, THE PRESENCE OF ANY FEDBRALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATBNBD SPECIES OR CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BB AFFSCT3D BY THE PROPOSED PROJECT. DATE CONTACTED: 2-2-3-01 (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFIgRR (SHPO) (833 AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED : 2-s3 -O 1 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [x j NO [ j (IF NO, GO TO 18) 4 30o, 0oo C'lRA?)T - C LEAO UAtTO- TRUST t--uA#a a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ j NO [ X ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ) NO ( j IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELiPHOlm (919) 733-6369. 28. TTiE FOLLOWING ITEMS SHOULD BB INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE *OF EXCAVATED OR FILL MATERIAL INTO WOTyANDS : A• WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAM AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP, MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e . WHAT IS LAND USE OF SURROUNDING PROPERTY? _ PARK . P.45TVAE L A OD f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? $. SITED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAOENSNT (WATER QUALITY) CERTIFICATION. o? vez* oe6i7-1? L6 R' S/ ENT' S SIGNA (AGENT' SIGNATURE VALID ONLY IF A IZATION LETTER FROM THE O R IS PROVIDED (18G.) ) DATE U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28806 (704) 258-3939 Water Quality Planning Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 (919) 733-1786 J, t." Dal r' ".9), U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 (704) 271-4854 State Historic Preservation Office NC Division of Archives 8t History 109 East Jones Street • Raleigh, North Carolina 27601 (919) 733-4763 North Carolina Wildlife Resources Commission Fisheries Biologists Joe Mickey 155 Timberbrook Trail State Road, NC 28676 (910) 366-2982 Alleghany Ashe Avery Burke Caldwell Mitchell Stokes S urry Watauga Wilkes 4 2 1370 4 L Zs?? ?Za?' Mark Davis Old Fish Hatchery 20830 Croat Smoky Mtn.j5cpressway Waynesville, NC 28786 (704) 452-2546/(704) 452-7772 (fax) Buncombe Cherokee Clay Graham Haywood Henderson Jackson Macon Madison McDowell Polk Rutherford Swain Transylvania Yancey w LOCATION OF PROPOSED FOUR 24" PIPES IN SHAWNEEHAW CREEK FOR TEMPORARY ACCESS CROSSING TO PROPOSED STORMWATER IMPROVEMENT LOCATION. i , All, ?? ? ? l '? ° ? y ? '? ` ?? ? `' - ?:.?' -• ;? ',;,fir, ? ? ?! '•, 4?s ` } ' ? , +?-..i? j ??? - ?l , 5 f `n , , ° ? • • 4 ` \i ' /1 ?./ ? ll i w. - - Y ? ..1 ? A . R,\ C ?„r; 1 r ' ?` `? t .. Ll ' ? q "/ ? t ,_ M ` 4?-`.•? ?.~` ?1. -'''?....? ? ?. 3 ?i° i?? ??% ? ?, ?J ? 1 1`??? 1\???•.l e? .JI? ' I./.? /??i - ._ .? . . , d '''? ,^ ?` / ' , 1 ? tea.. , ? " ? ,.? ,??", . ? ? • yb r , t .-?} " ?,.:...• t ? f? r n - r Athletic T Id uIH `i^tfAdelex.> aq`e1 - ! 11 44 71 SCALE~ 1:24000 ' ' 1 0 1 MILE - y ! MN 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET an 1 .5 0 1 KILOMETER 34t• CONTnl1R INTFRVAI AO FFFT - 62 MILS 025 9MIL NATIONAL GEODETIC VERTICAL DATUM OF 1929 PROPOSED RIVER CROSSING NEAR TOWN HALL THE TOWN OF BANNER ELK BANNER ax, MOM CM CUM f nmm 'Aft-avm Iw TaM NAtl 1/f 1 I Mora. B/CA71U CYP'S W7T9 DA ED SMNE. I I' i I I ? ro Z m i . x I. .I ? 8 II m I.I . . I.I.I. II _ KJ forth. Carolina Wildlife Resources Conimiss?«a1 ?' ? Cltarica; I?. l?ulllv,>nd, l,?:ccueivc I?)irccti>r MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of F;,gjneers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program ' DA'Z'E: March 15, 2001 SUBJECT: Review of an application by the Town of Banner Elk, Temporary Stream Crossing, Shawneehaw Creek, Avery County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NC WRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S,C. 466 et. seq) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d). The Town of BannerF,Ik proposes to install and use a temporary crossing fora construction access to a wetland restoration site during the months of July and August. Wild rainbow and brown trout are present in the creek and Elk River downstream. Based on the information provided by the applicant and our information on the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout providing the following conditions are implemented: l . Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning seasons of October 15 through April 15 to protect the egg and try stages of trout from off-site sedimentation during construction. 2. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. 3. Clean pipes and clean stone should be installed in a manner that insures a continuous thalweg so as not to interfere with fish passage. No damming or freefalling of stream waters should occur during low flow conditions. The existing stream dimensions should be fully restored upon completion. 4. Stream banks should be revegetated with native riparian species upon completion. 5. If any concrete will be used, work must be accomplished so that wet concrete does not contact stream water, ]'his will lessen the chance of altering the stream's water chemistry and causing a fish kill. "thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Michael Calhoun, Consulting Engineer .John Dorney, DWQ --- - Mai ing Address: DPOSI n o Inland 1 f wri: ? ?til riI So i cc i -trr • hil?°ihb, N(_, 27699-112 1 Telephone: (919) 71j.", ')(,33 ext. c?S; ° ) i 7 15 - 7 13