HomeMy WebLinkAbout20011573 Ver 1_COMPLETE FILE_20011026Michael F. Easley, Governor
OF W AT?R William G. Ross Jr., Secretary
?O? QG North Carolina Department of Environment and Natural Resources
Cq ? Gregory J. Thorpe, Ph.D.
Acting Director
.? Division of Water Quality
November 7, 2001
DWQ # 01-1573
Henderson County
Fletcher Academy, Inc.
PO Box 5440
Fletcher, NC 28732
APPROVAL of 401 Water Quality Certification
Dear Mr. Nash:
You have our approval, in accordance with the attached conditions, to impact 20 linear feet of Mud Creek for the
purpose of constructing the Fletcher Academy Water System Improvements, as described in your application materials
received by the Division of Water Quality on October 26, 2001. After reviewing your application, we have decided that this
work is covered by General Water Quality Certification Number 3288, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 12 when the US Army
Corps of Engineers (USACE) 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, Non-Discharge, State Stormwater and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 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. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the 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 N. For this approval to be valid, you must follow the
conditions listed in the attached certification and those listed below.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27611-6714. 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 Dave Penrose at 919-733-1786 or Mike Parker in the DWQ Asheville Regional Office at
828-251-6208.
Sinc ely,
pe, PhD.
PDirector
c
Attachment
cc: USACE Asheville Regulatory Field Office
Asheville DWQ Regional Office .
File Copy
Central Files
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-7015
01-1573
N EM
Customer Service
1 800 623-7748
Office Use Only: 011573 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information }
1. Owner/Applicant Information' (1fT 2 6 2001%
Name: Gerald Nash y
2
Mailing Address: Fletcher Academy, Inc.
P. O. Box 5440 WATER QUALM
Fletcher, North Carolina 28732
Telephone Number: 828-687-5114 Fax Number: 828-687-5111
E-mail Address:
Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Page 3 of 12
Fax Number:
?D
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Fletcher Academy Water System Improvements
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A (Utility Crossing)
4. Location
County: Henderson Nearest Town: Fletcher
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Asheville - I-26 East to
U.S. 25 U S 25 South 1/2 mile to SR1534 and turn left. Follow to Howard Gap Road. Turn
left. Fletcher Academy'/4 mile on right.
5. Site coordinates, if available (UTM or Lat/Long): 35-21-22 Lat. 82-26-03 Long
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Vacant open grass field
7. Property size (acres): <0.10 Acre
8. Nearest body of water (stream/river/sound/ocean/lake): Mud Creek
9. 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.usi'admin/mai)s/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Stream crossing with 4" D.I.P. water line for
water so ly to Fletcher Academy
11. List the type of equipment to be used to construct the project: Small rubber tired
backhoe or ditchwitch
12. Describe the land use in the vicinity of this project: Vacant open gassy field
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 additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts N/A
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hQ:/ANv. w.fema.gov-
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name* * Average Width
of Stream
Before Im act Perennial or
Intermittent?
leasespecify)
I Ditching for 20' Byers Creek 8' Perennial
Water line
crossing
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at I-800-358-9616, or online at
Nv%vw.usRs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., w-vNy.topozone.com,
NNnvN r-.map_quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20'
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, cean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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 apply): ? 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.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Byers Creek is approximately 8' wide at point of crossing. Water depth is approximately 1'.
Coffer Dam construction will be used if necessary to facilitate avoidance of impact.
Construction time crossing stream will be approximately two (2) hours after Coffer Dams are
installed
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc.us/ncwetlands/stnngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
Page 8of12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httQ//h2o.enr.state.ne.us/wM/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
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 (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 teet perpendicular from near uanx or cnannei; cone L extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 10 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
??.v 0 /
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
.'? .crG.1/E
'O?e'n'4p
?11G/x/i
ys6?
8213U HENDERSONVILLE 4 t' M Authority
S?\ Mapped and edited by Tennessee Valley Published by the Geological Survey
Control by NOSINOAA, USGS, and TVA
?oP
Revised by TVA in l b
aerial photographs taken 1964 and by reference methods to TVASUSGS
quadrangle dated 1942. Map field checked by TVA, 1965
/ //- aWiw
Polyconic projection. 1927 North American datum
10,000-foot grid based on North Carolina
rectangular coordinate system
1000 meter Universal Transverse Mercator Grid ticks.
Zone 17, shown in blue
To place on the predicted North American Datum 1983
move the proiection lines 9 meters south and
13 metals vrsst as sh,,wri by dashed comer ticks
--- co-lwcted fence and field lines wh"
MN
?GM
4W
86 MILS ?•?
15 MILS
UTM GRID AMD 199 MAGNETIC NORTH
DECLIMATIOM AT CENTER OF SHEET
Revisions shown in purple and woodland compiled by "M
Geologksl Survey from aerial photographs taken 1997
and other sources. This information not field cheC%ed
Ilsp edited 1990
14??z?p do
,W-4 TER t?N
f
/It, (i t"'O
HIV / i
i
?PUCANT: ?? ?TG.?F?Q /¢Cff 1?Ery? ..L•vG.
?
.? d. ?oX 5 s?v kwrEe sys rEM.?,?v?E M?.v
/?L •? TG/?6.( /? C . O? S 7 3 ?. ADJACENT PROPERTY OWNERS:
%OPOSEO CONSTMJCTION: yD?JE
XAT10N: John T. Covey Cor tug Engineengg, P.A.
Asheville, North Carolina
ouNtY:?E?r/pE.QSON STATE:
CALF: ' S DATE: / ?? SHEET OF 828-645-4046 FAX 658-1304
N
q
,?,p??v spa a o ? . ,?-
o 4JG.
G'
4
w
D
6:;Ir
>6G4aM?v
i i
'PIP gap s
a/DS?
,,,q iN
??O D 5F /? ? G yEivT
CDC - ?.vc.? E'
PROJECT: iPavE/?!E/v
APPIJCANT= -51V. 5A-1
??D- ?30X S ADJACENT PROPERTY QWNERS:
PROPOSED CONSTRUCnON: /!/ONE
LOCAMON: i31 ,0,0 5 4• e,001:? _ John T. Coxe?r Ca?sul?ii ?• P.A.
/-,?E.TIdF SON A dIG. N*M CarOhm
COUNTY: ,r?E?}?t4SGY1? STATE; 828-645-4046 FAX 658-1344
SHEET Of
SCAIE:?D? DATE: /O ?/ O
4
Vokm FLOW
COFFER DA
MOTS
INN l??
M? d AI ALL WS
I wTLT? = ? = TK mrc?r ra TIMLL ?Ot r: L1N0 Iplt Donor Ow
1 w Lpw LgfO r0lt OOnot Ow Ot rNrW -
it 4,ve
Sox s ?yo
873?-
PROPOSED CONSTRUCTION:
N AA
kM QgAL
CO MM IM sl • OOMLM
A;" gi" %mww a .oCrtl t wr sw.
PROJECT:
ADJACENT PROPERTY 004M
LOCATION:
??1?,vo<•P s o,v ??•vey, .?l
` /lle440e? 549U STATE:
SCALP: DDATE: /V // 0/ SHEET OF
John T.
Asevdlc, i carte
828-645-4046
FAX 658-1304
(:IVII-i f:NVIRONMI-:N'I:-\1. / W/VIT:K \V;AS1'1 \,N1TR
JOHN T. CUXEY
(;ON,';I'I:IIN(; I_--NG1NEF?R1N(,. I'
October 23. 2001
Mr. David Baker
U.S. Army Corps of Engineers
Asheville Office
171 Patton Avenue Room 208
Asheville. North Carolina 28801-5006
Re: Pre-Construction Notification Application
Creek Crossing
Fletcher Academy
Henderson County
Project No: 20021
Dear David:
PAYMENT
RECEIVED
Attached please find one (1) original and one ( I ) copy of the above referenced
permit including site location map and plan and cross-section drawings of the proposed
installation.
Please call me if additional information is required
Sincerely,
John T. Coxey Consulting Engineering. P A
John T. Coxey, P. E.
JTCipc
Enclosure
cc: David Wack
Mq pavis w/enci
Division of Water Quality w/enci
State Historic Preservation Office w/enci
JOHN T COXEY, PE.
PRESIDENT
53 FOX CHASE RD. \VFST
ASF I1:VIL.LI:, N.(: 28804
17
011573
U
i? 262
111( )NF (828) 645-4046
I?AX (828) 658- 1 304