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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