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HomeMy WebLinkAbout20020404 Ver 1_COMPLETE FILE_20020318tat.-0,91( g 1l } 4 ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Dorney, Division of Water Quality Dept. of Environment and Natural Reso ces FROM: Ron Linville, Regional Coordinat Habitat Conservation Program DATE: March 27, 2002 SUBJECT: Review of a 401 Application for City of Morganton Walking and Biking Trail, Unnamed Tributaries to Catawba River, DWQ 020404, Burke County The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality for stream crossings for recreational trails. 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). Please be advised that we previously commented on this project to the US Army Corps of Engineers. Generally, we recommend that culverts 48" or larger should be buried approximately 1' into the streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. It is our understanding from discussions with the City of Morganton's consulting engineer that one of these crossings will occur adjacent to a North Carolina Department of Transportation (NCDOT) right-of-way and that an associated NCDOT culvert will be replaced in the near future. We further understand that the NCDOT and the City of Morganton will coordinate their respective projects so that improved aquatic life passage will be provided. 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. Attachments: USACOE Memo of November 26, 2001 USACOE Memo of December 13, 2001 Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 I ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director TO: Tim Smith, USACOE Asheville Field Office Original S by J. R. U.ti FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: December 13, 2001 SUBJECT: City of Morganton, Catawba River Greenway Culvert Installation, Unnamed Tributaries to Catawba River, Burke County The City of Morganton proposes to install two additional stream crossings for Section II of the Catawba River Greenway. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25). The City of Morganton proposes install a 52-foot long 66" CSP and a 30-foot long 84" CSP on separate streams in order to complete Section II of the Greenway. Total impacts will be 82 linear feet of stream (two unnamed tributaries of the Catawba River). We will not object to the project provided that the following conditions are implemented to provide aquatic life passage and to maintain stream geomorphology The culverts should be sized large enough to be placed 12" below streambed grade. Floodplain benching should be maintained above and below the pipes. No freefalling or damming of stream waters should occur on either end of the pipes upon project completion. The dimension, pattern, and profile of the stream and floodplain above and below the pipes should not be modified. Natural streambed materials should be allowed to re-establish the base flow channel through the pipes. 2. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Catawba River Greenway Section II 2 December 13, 2001 3. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 4. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. The use of riprap should be minimized to the extent practicable so as not to modify the channel or floodplain benching. No riprap fill should occur within the main stream channel. Work should be done in the dry to the extent possible. 5. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of ground disturbing activities to provide long-term erosion control. We encourage the use of onsite vegetation and natural materials for streambank stabilization. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Jeffrey W. Brittain, PE, TGS Engineers Mr. Jeffrey W. Brittain, PE, VP TGS Engineers 146 West Parker Road Morganton, NC 28655 ?'Y 4 2002 WE LAN; 5 CA, m' liJt;' ITY SECT IC,. ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director TO: Tim Smith, USACOE Asheville Field Office ., FROM: Ron Linville, Regional Coordinator Original Si Habitat Conservation Program by J. R. Lii DATE: November 26, 2001 SUBJECT: City of Morganton, Catawba River Greenway Culvert Installation, Unnamed Tributary to Catawba River, Burke County These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G. S. 113A-1 through I I3A-10; NCAC 25). The City of Morganton proposes to extend an existing corrugated metal pipe (CMP) with a 54-inch CMP. It appears that proposed stream impacts will be 51 linear feet to an unnamed tributary of the Catawba River. The existing CMP is a hanging culvert. We will not object to the project provided that the following conditions are implemented to encourage aquatic life passage and maintain stream geomorphology The hanging culvert needs to be removed. The replacement culvert should be sized large enough to be placed 12" below streambed grade. Floodplain benching should be maintained above and below the CMP. No freefalling or damming of stream waters should occur on either end of the CMP upon project completion. The dimension, pattern, and profile of the stream and floodplain above and below the CMP should not be modified. Natural streambed materials should be allowed to re- establish the base flow channel through the CMP. 2. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 9 Fax: (919) 715-7643 Catawba River Greenway Section Il 2 November 26,2001 3. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 4. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. The use of riprap should be minimized to the extent practicable so as not to modify the channel or floodplain benching. No riprap fill should occur within the main stream channel. 5. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of ground disturbing activities to provide long-term erosion control. We encourage the use of onsite vegetation and natural materials for streambank stabilization. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Jeffrey W. Brittain, PE, TGS Engineers Mr. Jeffrey W. Brittain, PE, VP TGS Engineers 146 West Parker Road Morganton, NC 28655 F `NATF \O?? 9QG Michael F. Easley Governor Oj William G. Ross, Jr., Secretary j Department of Environment and Natural Resources 4 Y Gregory J. Thorpe, Ph.D. Division of Water Quality April 10, 2002 DWQ# 02-0404 Burke County Lee Anderson City of Morganton P.O. Box 3448 Morganton, NC, 28680 APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules Dear Mr. Anderson: You have our approval, in accordance with the attached conditions, to place fill in 206 linear feet of perennial streams - in order to construct five greenway crossings at the Catawba River Greenway in Burke County, as you described in your application received by the Division of Water Quality on March 18, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quarry Cer?ufication Numbers 3375, which can be viewed on our web site at .http-*//h2o.enr.state.nc.us/ncwetlands. This Cerfficat?on allows you to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). In addition, you shouid gat any other federal, state or local permits before you go ahead with your project including (but not limited to) Stern, &nt and Erosion Control,,Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this aplzova) 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 mk y be required to send us a new application for a new certification. If the property is sold, the new owner must be green a copy ref die Certification and approval letter and is thereby responsible for complying with all conditions. If total wedarud fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2Y..0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification If you do not accept any of the conc5fecs of J?s certi-Mical' , you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive was let-19 -to ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina Gener- Sties to # e Offlce of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its- ccntxrs ar oral and binding unless you ask for a hearing. This letter completes the review of Ur- EKAsaon &f Water Quarity under Section 401 of the Clean Water Act. If you have any questions, please telephone Jim Reid in mx.Asteville Regional Office at 828-251-6208 or Cyndi Karoly in our Central Office at 919-733-9721_ Attachments Sincerely, i T rpe, Ph. cc: Corps of Engineers Asheville Regul j Find t Asheville DWQ Regional Office Central Files File Copy Jeffrey Brittain, 145 West Parker Road, Moon, NC, 28655 020404 North Carolina Division of Wawrotmrity, 433 Vretfands G crt unit, 1650 Mail Service Center, RaW-gk !tC 2TFa-;E50 (1Aa&,g Address) 2321 Crabtree Btvd_, Raleigh, PC 276Y_2Cj gxca kn) 919-733-1786 (phone). 919-7'..3-17 ' ( xY sa 1R ?rsfa-fe nc?rs/ncwetlands/ MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Morganton Greenway County Burke Project Number 02 0404 County2 Recvd From APP Region Asheville Received Date 3/18/02 Recvd By Region 3/25/2002 Project Type commercial Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. supp. Basin Req. Req. 14 F- O Y O N 11 (37) wSIII B & CA 30,831. F_ 124.00 206.00' F- CBR F_- O Y O N ?F_-F-F_- 30,831. F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: QQ Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 35 45 34 Longitude (ddmmss) 81 42 20 Comments: Greenway request ender Project # 02.0404 is at two cites and icludes culverting in 5 different streame Total c lyerting is 206 feat Stream segments are in a hiuhJh y developed and impacted area; the proposed cuAverting is not expected to mead 1Yeably deteriorate any of the 5 unnamed tributaries Issuance of certification is recommended cc: Regional Office Page Number 1 Central Office 145 West Parker Road Morganton, North Carolina 28655 . Phone 828 437 4681 Fax 828 433 9146 www.tgsengineers.com December 12, 2001 TGS Mr. Tim Smith E N G I N E E R S Project Manager US Army Corps of Engineers r7 151 Patton Avenue Asheville, NC 28801-5006 Description: Morganton, NC - Proposed Section H of the Catawba River Greenway, E-3814 Burke County Re: U.S. Army Corps of Engineers Permit for Pipe Crossing Dear Mr. Chapin: FILE COPY Please find enclosed, one (1) copy of the completed Application for Permit To Excavate or Fill for the second phase of the project captioned above as requested. Please provide us with your comments at your earliest, convenience. By copy of this letter, we are forwarding a copy of this permit application to the North Carolina Wildlife Resources Commission for their comments. If you have any questions, please call. Best Regards, TGS ENGINEERS Jeffrey W. Brittain, P.E. Project Engineer Enclosures i Cc: Lee Anderson - Director of Community Development, City of Morganton Ron Linville - Western Piedmont Region Coordinator, NCWRC Office Use Only: Form Version October 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. 1. Processing 1. Checkpll of the approval(s) requested for this project: F1 Section 10 Permit 2. Nationwide, Regional or General Permit Number(s) Requested: 41A 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: F1 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: E] II. Applicant Information 1. Owner/Applicant Information Name: Ci of Morganton Mailing Address: P.O. Box 3448 Morganton, NC 28680 Telephone Number: (828) 438-5270 Fax Number: (828) 432-2670 E-mail Address: landersonAhci.net 2. 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: TGS Engineers Company Affiliation: Mailing Address: 145 West Parker Road Morganton, NC 28655 Telephone Number: (828) 4374681 Fax Number: (828) 433-9146 E-mail Address: jbrittain0 t sengineers.com Section 404 Permit ? 401 Water Quality Certification ? Riparian or Watershed Buffer Rules Page 5 of 12 III. 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: Morganton Greenwav 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 179416737408 & 270409153337 4. Location County: Burke Nearest Town:_ Morganton Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): See Permit 1 of 7 and 3 of 7 5. Site coordinates, if available (UTM or Lat/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 wooded land and National Forest Service 7. Property size (acres): 198 acres & 24 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Catawba River 9. River Basin: Catawba River (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.ne.us/admin/mVs/.) Page 6 of 12 10. Describe the purpose of the proposed work: Walk and Bike Path 11. List the type of equipment to be used to construct the project: Bulldozer, Backhoe, Compactor 12. Describe the land use in the vicinity of this project: Vacant wooded land and National Forest Service (Nurseryl 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. V. Future Project Plans Are any future permit requests anticipated for this project? 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 7 of 12 1. Wetland Impacts 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 inpacts. 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 hgp://www.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: N/A Total area of wetland impact proposed: N/A 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 Impact Perennial or Intermittent? leasespecify) 1 66" CSP 52 UT to Catawba River 2' Perennial 2 84" CSP 30 UT to Catawba River 2' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not linited 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 1-800-358-9616, or online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.lMzone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams ow'site: 82 Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact acres Name Waterbod? ) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. 1 Fill 0.012 UT to Catawba River UT 2 Fill 0.001 UT to Catawba River UT List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredgicg, 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. There is only 0.013 acres of unavoidable impact required for construction. There are no other feasible alternatives. 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. Page 9 of 12 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/strmgide.html. 1. 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 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 hft://h2o.enr.state.nc.us/mo/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes Q' No El 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 g If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA fi al approval letter. Yes ? No [?] 1? 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. V Yes ? No H? If you answered "yes", provide the following information: 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* s ufinpct are feet Multiplier Required Mitigation 1 0 3 0 2 0 1.5 0 Total 0 0 Zone I extends out 3U feet perpendicular from near bank of channel; Zone Z extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 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 2B .0242 or .0260. N/A 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. There is no existing impervious acreage and the proposed is less than 2% of the total area of the plates of land. There are no storm water controls due to the minimal impact of the site. XII. 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. None XIII. Violations (DWQ Only) Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit pplication? Yes ? No 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). No _0 A hcant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 LEGEND --- WLB ? WETLAND BOUNDARY L WETLAND L ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ®DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER • • • • DENOTES MECHANIZED ••+ ••• CLEARING XXXXX a LIVE STAKES < -E- FLOW DIRECTION --- T8 --- TOP OF BANK WE EDGE OF WATER C PROP. LIMIT OF CUT -- F -- PROP. LIMIT OF FILL -? PROP. RIGHT OF WAY --- NG--- NATURAL GROUND ---l---- PROPERTY LINE -TOE- TEMP. DRAINAGE EASEMENT -POE- PERMANENT DRAINAGE EASEMENT --EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY --EPB-- EXIST. NT ENDANGERED PL BOUNDARY WATER SURFACE BOULDER -- COIR FIBER ROLLS g ADJACENT PROPERTY OWNER OR PARCEL NUMBER PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 0 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAO VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN CITY OF MORGANTON NORTH CAROLINA BURKE COUNTY PROJECT: E-3814 MORGANTON GREENWAY ? W o PINE. Z c w Z-4 H ?W U W I E: PINE a ® w? A • WE ?4u % `• ®H a az a A HZ ? a? el ?\ O V E-4 RED a W"\ARFp •'•, a x \ ta• 494'98-o5 PT \? t ; REEK \ F Q I \ t;? J'--' I ' • C P4 U? t , r t I t I ' O I O t M I t f? I \ _jLLJ i ' HQ I Q I O wC) U , o O ~a M O LL t co 0 W(Y- I p 0 (n ' O W t \ \ i Q i i U \ t ' (n F I , I F' , G % N Q J `. N G F (nw F V) V) Qom. ? ; U V ' m 1 1 Cf' . . . F? n 0 a - H ? w z ? z4 w a w w a ?a H z ? g)55 U a® ® w0 o U U EH o ti off W a d oz o rik w ?z a p U W a a a Z Q rj) O ? 0- Z H i W H Q LL- 3?:j (f) W . WU O F- Q IV) O ti O Z Cy- r) LLJ=> O u) O Vj `- J Q U O 1 V) LO G Q? . . . . . . . . . 'F . . . . . . ?j? a ? O N U ? CO N co L L: V W a. 4)U W c c m 0 0 0 ? wMLL W V c0w 0 0 0 v V1 LL > - N r • O M r O O O Z 0 0 O LL `? N G ' r- C M Co L N t OS - U Q C a 0,0 Z m ° g W? W ? c 'a LL= E m Co 0 C U =ia fC lL >N d D. U N CO U 2 co) to = co O O c p LO E co + O + O • Cl) L d N d O Q (p Z s- N O H PROPERTY OWNER SITE # OWNER'S NAME ADDRESS SITE 1 & 2 CITY OF MORGNATON P.O. BOX 3448 MORGANTON,NC 28680 --- mac, C ?Cp Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. 'n20 20 ? 04, If any particular item is not applicable to this project, ease enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing tN tit 1. Check all of the approval(s) requested for this !12A?, MA ? Section 404 Permit 2Q0? Section 10 Permit WETIR?vOS GCUP 401 Water Quality Certification .,. _ 4'„ 1Tt:? QUr?UTY SECTIO; ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: N/A 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: ? II. Applicant Information 1. Owner/Applicant Information Name: City of Morganton Mailing Address: P.O. Box 3448 Morganton, NC 28680 Telephone Number: (828) 438-5270 Fax Number: (828) 432-2670 E-mail Address: landerson(@ci.morganton.nc.us 2. 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: TGS Engineers Company Affiliation: Mailing Address: 145 West Parker Road Morganton, NC 28655 Telephone Number: (828) 437-4681 Fax Number: (828) 433-9146 E-mail Address: jbrittainna,tgsengineers.com Page 5 of 12 III. 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: Morganton Greenway 2. T.I.P. Project Number or State Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): 179416737408 & 270409153337 4. Location County: Burke Nearest Town: Morganton Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): See Permits 1 of 7 3 of 7 and 3 of 6 5. Site coordinates, if available (UTM or Lat/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 wooded land and National Forest Service 7. Property size (acres): 198 acres & 24 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Catawba River 9. River Basin: Catawba River (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.ne.us/admin/maps/.) Page 6 of 12 10. Describe the purpose of the proposed work: Walk and Bike Path 11. List the type of equipment to be used to construct the project: Bulldozer, Backhoe, Compactor 12. Describe the land use in the vicinity of this project: Vacant wooded land and National Forest Service (Nursery) 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. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: 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 7 of 12 1. Wetland Impacts 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 Agencys (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 bgp://www.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: N/A Total area of wetland impact proposed: N/A 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 Impact Perennial or Intermittent? leasespecify) 1 of 2 66" CSP 52 UT to Catawba River 2' Perennial 2 of 2 84" CSP 30 UT to Catawba River 2' Perennial 1 of 1 54" CMP 42 UT to Catawba River 2' Perennial * 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 1-800-358-9616, or online at www.usQs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site/` 124 Page 8 of 12 3. Open Water Impacts, including L/Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. 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, ocean, etc. 1 of 1 Fill 0.012 UT to Catawba River UT 2 of 2 Fill 0.001 UT to Catawba River UT 1 of 1 Fill 0.023 UT to Catawba River UT * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. There is onlv 0.036 acres of unavoidable impact reauired for construction. There are no other feasible alternatives. 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. Page 9 of 12 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/strmgide.html. 1. 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 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 htt p: /h2o.enr.state.nc.uL--p/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 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 M 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 V Yes ? No ? If you answered "yes", provide the following information: 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* s uImpact are feet) Multiplier Mitigation 1 0 3 0 2 0 1.5 0 Total 0 0 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 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 2B .0242 or .0260. N/A 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. There is no existing impervious acreage and the proposed is less than 2% of the total area of the plates of land. There are no storm water controls due to the minimal impact of the site. XII. 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No V?l Is this an after-the-fact permit application? I-tn Yes ? No 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). Applicant/Agent's Signature I Daie (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 145 West Parker Road Morganton, North Carolina 28655 Phone 828 437 4681 Fax 828 433 91 46 www.tgsengineers.com October 15, 2001 TGS Mr. Steve Chapin, PSS E N G I N E E R S Project Manager US Army Corps of Engineers M7 151 Patton Avenue Asheville, NC 28801-5006 Description: Morganton, NC - Proposed Section II of the Catawba River Greenway, E-3814 Burke County Re: Permit for Pipe Crossing Dear Mr. Chapin: FILE Please find enclosed, one (1) copy of the completed Application for Permit To Excavate or Fill for the project captioned above as requested. Please provide us with your comments at your earliest convenience. If you have any questions, please call. Best Regards, TGS ENGINEERS " /3? Jeffrey W. Bnttain, P.E. Corporate Vice President Enclosures Cc: Lee Anderson - Director of Community Development, City of Morganton APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Det of Administration State of North Carolina Department of the Army R 14612) Department of Natural Resources and Community Development Corps of Engineers Wilmington District (GS 113-29, 143-215.3(a)(1),143-215.3(c), 113A-118) (33 CFR 209 320-3i9) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information A. Name City of Morganton B. Address P.O. Box 3448 Morganton, NC 28680 11. Location of Proposed Project. A. County Burke B. 1. City, town, community or landmark Morganton 2. Is proposed work within city limits? Yes X No _ C. Creek, river, sound or bay upon which project is located or nearest named body of water to project. Catawba River III. Description of Project A. 1. Maintenance of existing project N/A 2. New Work Walk & Bike Path B. Purpose of excavation or fill 1. Access channel N/A length N/A width N/A depth N/A 2. Boat basin N/A length N/A width N/A depth N/A 3. Fill area Yes length 51 Ft. width 22 Ft. depth 16 Ft. 4. Other N/A length N/A width NIA depth N/A C. 1. Bulkhead length N/A Average distance waterward of MHW N/A 2. Type of bulkhead construction (material) 54 inch CMP D. Fill (total for project) 1. Cubic yards 580 2. Type of material Select Backfill (Soil) E. Fill material to be placed below MHW (see also VI A) 1. Cubic yards 580 2. Type of material Select Backfill (Soil) IV. Land Type, Disposal Area, and Construction Equipment A. Does the area to be excavated include any marshland, swamps or other wetland? Yes _ No X B. Does the disposal area include any marshland, swamps or other wetland? Yes- No _X C. Disposal Area 1. Location N/A 2. Do you claim title in disposal area? N/A D. Fill material source if fill is to be trucked in N/A E. How will excavated material be entrapped and erosion controlled? Class I ft Rap & Temp Silt Fence F. Type of equipment to be used Bulldozer, Backhoe. Compactor G. Will marshland be crossed in transporting equipment to project site? If yes, explain N/A V. Intended Use of Project Area (Describe) A. 1. Private N/A 2. Commercial N/A 3. Housing Development or Industrial N/A 4. Other Public Walk & Bike Path B. 1. Lot size(s) 198 Acres 2. Elevation of lot(s) above mean high water N/A 3. Soil type and texture Sandy Silty Clay 4. Type of building facilities or structures None 5. Sewage disposal and/or waste water treatment A. Existing N/A Planned N/A Describe N/A 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNI RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No` B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes - No X 2. Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known) N/A VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable None Known IX. Length of time required to complete project 8 Months X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affectedpproperty, UR- if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'/z x 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent d pan mail or by publication (G.S. 1 1 serv an landowners by registered or certified 3-229 (d)) Enter date D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. See Permit 6 of 6 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted to a manner consistent with such program. XH. Any permit issued pursuant to this application will allow only the development described in this application and plat. Applications should therefore descri be in the application and plat all anticipate evelopment activities, including construction, excavation, filling and land clearing. ?o\ v?- \ C). ? Da Applicants Signature SHEET 1 OF 6 LEGEND -WLB WETLAND BOUNDARY 4 WETLAND ® DENOTES FILL IN wETLANO ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ®DENOTES TEMPORARY FILL IN. WETLANO ®DENOTES EXCAVATION IN WETLAND DENOTES TEMPORARY FILL IN SURFACE WATER ++ • ++ DENOTES MECHANIZED •+ •• CLEARING -? E- FLOW DIRECTION , TOP OF BANK WE EDGE OF WATER _- PROP. LIMIT OF CUT -- F -- PROP. LIMIT OF FILL ,i PROP. RIGHT OF WAY --- NG--- NATURAL GROUND --EL-- PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT - PDE - PERMANENT DRAINAGE EASEMENT --EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY --EPB-- EXIST. PLANT BOUNDARY 0 WATER SURFACE CITY OF MORGANTON NORTH CAROLINA BURKE COUNTY PROJECT: E-3814 MORGANTON GREENWAY XXXXX a LIVE STAKES BOULDER -- COIR FIBER ROLLS 5 ADJACENT PROPERTY OWNER OR PARCEL NUMBER 4or F---I PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 0 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN SITE MAP SHEET 3 OF MORGANTON CAROLINA I PROJECT: E-3814 MORGANTON GRESNWAY w °o H ? H Z ?. w Z I w U a ?O a U W U Z ?o tai C? ®? 0g Z w W ?Z 04? C U a ? w a x a :' i' :2 11 w ?? U J t ? o Q to Z x d- 11 : O / + (D / of / t ; to ?- / 11 ' z to cr- 1 , • / W I (233 of (n W :oF LLJ - Q \ I O LL- \\ z (L' LILJI O O (n ;?\ ; • p O N + L N LLI Q J Q (n U • t (n v m °a cy v U L cU W U H m m co r- U Q p c: g L ?U W F.. m c 'a ? ? m? o 0 ? WULL W Lt. c ? U ° ° a 0co S " i ti N C N M O N ° Co = Z p O LL ' ^ I N co - co C O U O v c G ? c G ? c m O U ^ V N a ? o "' C m cc co z g W c W = o LL c ^ E m t - c C ? U LL mm m CL ? m N U co O O o fn 2 N LL m O `- J a 65 Z l - O t- PROPERTY OWNER SITE # OWNER'S NAME ADDRESS SITE 1 CITY OF MORGNATON P.O. BOX 3448 MORGANTON, NC 28680 dfi = Triage CbeckE US ? { Date r To QP.RO _ Steve Miitdiien'. (:7 37 ?FRO Ken AverutebQ Nttrrib??-t1? Li ' ., `*- DwaRO 1) .r eborh-viry ?VYiRO Joanne rStas: M,.t; _ ?` - r _ _ ?VVSRO Jennifer Frye ... " s ]MRO Pie Cofv?? r From= J L l'C Telephora !9191 The file attached is being forw-arded to you for your e%-duadom Please cell if you need assistarce_ EJ Stream tenth Qn 3 Sir?m d-_!5T ?inafon - - CWeii. et-ermi-?? and distance to blue-fie surer wafers on USGW to[so GUM s _v6dance issues 1 5urw Rulas {Ne• ar-Pamitco Pond £ 1 _ mz_ oar P.?as -_ -'- - hlg CIA, to 5--e am and cxweJand mffgabon skes av- able and viable? - ? - _ - 13 Check &a wh-,as is tt3a a?pbon carsstenf vnffi pre-appii?one?las . ?- _ ? Curnut impact concerns -? ?„,c ,• fie--.'? *^x. -. ?"? - _ ' -?'?,.+ -?- - +?.y. - _ Y? 'V 145 West Parker Road Morganton, North Carolina 28655 Phone 828 437 4681 Fax 828 433 9146 www.tgsengineers.com 020404; March 15, 2002 TGS Division of Water Quality ENGINEERS 401/Wetlands Unit rFlLE CQPY 07 1650 Mail Service Center Raleigh, NC 27699-1650 r MAk r r' ? .... ?, ill,?a 7, ! -Wr;, -? .? ? '+ti -.:?-- Or Description: Morganton, NC - Proposed Section II of the Catawba River Greenway, E-3814 Burke County Re: 401 Division of Water Quality Permit Application Dear Sirs: Please find enclosed, seven (7) copies of the 401 Application, the Nationwide USACE Nationwide 39 Permit and the USACE Permit Applications for the Catawba River Greenway Section H. Please be advised that a Erosion Control Permit has been applied for this project. The City is wanting to advertise this project as soon as available, so a prompt reply and/or acceptance would be appreciated. If you have any questions, please call. Best Regards, TGS ENGINEERS JP.E. Corporate Vice President Enclosures Cc: Lee Anderson-Director of Community Development, City of Morganton Kumar Trivedi-NCDOT Bicycle & Pedestrian Division (letter only)