HomeMy WebLinkAbout20021733 Ver 1_COMPLETE FILE_20021028r? Michael
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F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
November 4, 2002
Mitchell County
DWQ Project #: 02-1733
APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS
Mr. John Locascio
US Cellular
707 Concord Road
Knoxville, TN 37909
Dear Mr.
You have our approval, in accordance with the attached conditions, to impact 0.016 acres of
wetlands or waters for the purpose of a road crossing at the Ledger Tower Site as you described in your
application dated October 24, 2002. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3375, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 14
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you. change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed .
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o_enr.state.nc.us/ncwetlands
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
;,File copy
Central Files
Law Engineering and Environmental Services, 720 Gracern Rd, Suite 132, Columbia, SC 29210
Office Use Only: Form Version May 2002 1102 17 6-1 J" USACE Action ID No. DWQ No.
Q
(If any particular item is not applicable to this project, please enter "Not Appil
I. Processing
1. Check all of the approval(s) requested for this project: v
® Section 404 Permit ? Riparian o? Wa er s
? Section 10 Permit ? Isolated Wetland-1-`e?APVQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 - Road Crossings
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. John Locascio
Mailing Address: US Cellular (Care of Site Management Services, LLC)
707 Concord Road
Knoxville, TN
Telephone Number: 865-777-7039 Fax Number: 865-777-7012
E-mail Address: John. Locascio(iDuscellular. corn
2. Agent/Consultant 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: James A. Smith
Company Affiliation: Law Engineering and Environmental Services, Inc.
Mailing Address: 720 Gracern Road
Suite 132
Columbia, SC 29210
Telephone Number: 803-798-1200 Fax Number: 803-750-1303
E-mail Address: jim.smith6c mactec.com
III. Project Information
Page 5 of 13
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: Ledger Tower Site (30300-1-1021-19)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Map 0871 Block 26 Parcel 9464
4. Location
County: Mitchell Nearest Town: Ledizer
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Ashville take 19/23 north
to 19E. Go through Burnsville (App 12 miles). After you go through Burnsville go app 11
miles to light. Make left on 226 South. Go app 5 miles past Boyds Family Rest. When you
see Exxon on right go app 1 mile to top of hill. Make left on Wing Road (see B&C motors on
corner). Go on Wing Road until you come to Y in road. Vear left (still Wing Road) and go
ap-p 0.75 miles. Look for entrance on left with cable crossing the entrance. Site is about 2
miles up dirt road.
5. Site coordinates, if available (UTM or Lat/Long): Site- N35°57'00"/W82°07'24"
(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. Property size (acres): 10 acres (protect site 100' by 1001
7. Nearest body of water (stream/river/sound/ocean/lake): Wing Branch
8. 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.us/admin/mays/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The parcel of land is located on a west-facing slope of a
ridge in a partially cleared partially wooded area east of Wing Road in Mitchell County,
Page 6 of 13
North Carolina The site extends to the toe of the ridize. The area of interest (road
improvement) is located approximately 500 feet northwest of the tower site on the access
road Other U.S. Waters crossings on the access road currently have adequate culverts in
place.
10. Describe the overall project in detail, including the type of equipment to be used:
The protect involves improvements to an existing logging road with installation of a culvert.
The culvert will be 24 inches in diameter and will extend 3 feet on either side of the road.
The existing road will not be widened. The road will be improved (grade and gavel).
Construction equipment will include a front-end loader/backhoe.
11. Explain the purpose of the proposed work: The road improvement and associated culvert
installation will provide improved access to the eastern portion of the property. It will serve
as an access easement for a planned communications tower site. The road, in its current
condition does not provide viable access for service vehicles.
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 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
Page 7 of 13
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.
1. Provide a written description of the proposed impacts:
The culvert installation will require the placement of fill material in approximately 0.016 acre of
forested headwater.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill 0.016 NO App. 900 feet Forested Headwater
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleanng, grading, till,
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 htti)://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.25 acres
Total area of wetland impact proposed: 0.016 acres
3. Individually list all intermittent and perennial stream impacts below:
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)
N/A
* 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
Page 8 of 13
www.usizs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toaozone.com,
www.manauest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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.
The tower site is to be located at the ton of the ridiie. on the west-facing slope. Due to
topo gphical constraints and the present layout of the existing road, impacts will be to a
minimum by improving the existing logging road. Re-routing the road will create greater
disturbance to the area due to the steep gradient that would be altered and the densely forested
mountain side that would need to be cleared. Unless the road is to be rerouted to the eastern-
facing slope there is no way to completely avoid crossing the forested headwater with minimum
Page 9 of 13
impacts. Impacts to the wetland would be reduced to a minimum by installing a culvert on the
existing logaina road.
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/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). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
Page 10 of 13
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
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
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:
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 Multiplier Required
(square feet) Mitigation
Page 11 of 13
I . N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone z extenas 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 2B .0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
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.
N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
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
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).
Page 12 of 13
(Agent's /C) • Z .bZ.
/Agent's Signature Date
-e 's valid only if an au 'zation letter from the applicant is provided.)
Page 13 of 13
Irloo
SITE
A, MANAGEMENT
SERVICES, LLC
Wireless Site Solutions
5500 Lonas Drive, Suite 310
Knoxville, TN 37909
August 7, 2002
Mr. Jim Smith
Law Engineering and Environmental Services, Inc.
720 Gracem Road, Suite 132
Columbia, SC 29210
Mr. Smith:
Site Management Services, LLC acting Ph 9 se ceouiarnmental Site authorize Ste survey, GEO
Environmental Services. Inc. to perform
Exploration and NEPA checklist.
Please proceed with the above stated tasks.
Thanks,
?) Iv
V"
Missy M Ilan
Project Manager
.,.ate
PHONE: 865-212-4023 TOLL 1FREE: 888-807-402
E-MnII.: jrIPO . SIT BAG S VICES-COW WFB SITE: WWw SITxACQSS?VICES.COM
nrT ':)S ?AA? 11:35 8652124083 PAGE.02
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Name: MICAVILLE Location: 035° 57' 15.8" N 082° 07' 31.1" W
Date: 8/27/2002 Caption: Ledger Tower Site
Scale: 1 inch equals 2000 feet Mitchell County
30500-1-1021-19
Copyright (C)1997, Maptech, Inc.
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7F V I?t + `` ??'•- {,' 352 LAW #: 30500-1-1021-19
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I TCHELI COUNTY .1 NORT,tk _ .AkQ.4INA _ SAIL SVRVE'1... xl.€ !,.-I'? SGA1.E ?_`I•=
TIP LETED 4-91. By, ?AN s 13 r 2
U. S. DEPARTMENT OF
SOIL CONSERVATION SERVICEURE APPROX. SCALE 1" = 1000'
COOPERATING WITH MITCHESOIL SURVEY LL COUNTY, IEN
STATE AGRICULTURAL EXPERIMENT STATION USDA.9CS•FOgT WORTH, TEXAS ADVANCE COPY - SUJE(
1141b. SURVEY HAS NOT BEEN COMPILED NC
rnotograph 41. View of headwater to be impacted. Please note existing road crossing
with timber as culvert. Photograph facing northwest.
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Ledger Tower Site
US Cellular
Photograph #2. View of headwater to be imp
with timber as culvert. Photograph facing sot
r 24, 2002
1-1021-19
;d. Please, note existing road crossing
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