HomeMy WebLinkAbout20070490 Ver 1_Application_20070320~eo.5U710~
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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ~ ~{-,
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MICHAEL F. EASLEY LYNDO TIPPETI'~
GOVERNOR
PO BOX 3279, ASHEVILLE, NC 28802
March 15, 2007
Mr. David Baker
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
SECRETARY
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Subject: Nationwide Permits #14 & # 33
SR 1940, Old Colony Road
State Project No. 41405 (DWQ Minor Permit Fee $200)
Burke County, NC
Dear Mr. Baker:
Og~c~
I have enclosed astraight-line diagram with erosion control plan, a PCN application for
NWP #14 & #33, and a vicinity map relative to the proposed project on SR 1940 Old
Colony Road, Burke County, NC.
Old Colony Road is currently a 20-foot wide paved road. Division of Highways plans to
widen the road to provide access to the new school. Grading will be light.
We propose to extend one (1) double-barrel pipe culvert on Fiddlers Run. Total culvert
extensions will be 20 linear feet. Impervious dikes will be used to shift the stream from
one pipe to the other during construction. Fiddlers Run is approximately 5-foot wide
stream with run/pool habitats and sand/gravel substrate. Bed/bank features are
prominent.
No stream relocation will be performed for the project. Existing channel morphology
will be maintained upstream and downstream of the culverts. The culvert will be placed
below existing streambed elevation. Riparian vegetation will be reestablished along
disturbed areas associated with the culvert extensions. Stormwater will be diverted
through grass-lined ditches or vegetated buffers prior to entering streams.
Mr. David Baker
Page -2 SR 1940, Burke County
March 15, 2007
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated.
As a part of the 401 Certification process, a copy of the application will be forwarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request Ron Linville, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
By copy of this letter, we are asking Ed Ingle, Area Roadside Field Operations Engineer,
to comment on the above project. The stream is classified as WS-IV and is not classified
as trout. A buffer variance will not be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Brian Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to
Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please
charge the application fee of $200.00 to WBS element # 41405. Please forward
comments directly to the Corps with copy to Division 13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at (828) 251-6171.
Sincerely,
~~~
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
D.R. McNeal, P.E.
Ed Ingle, CPESC
Ron Linville
Brian Wrenn
Mike Parker
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version March OS
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, NWP 33
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: J J Swain Jr P E Division Engineer
Mailing Address: NC Department of Transportation
P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-251-6394
E-mail Address: rdbrvan~a dot state nc us
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.) N/A
N
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address
Page 1 of 9
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: SR 1940 Old Colony Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): 41405
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Burke Nearest Town: Morganton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-40
East to Exit 104 then take Enola Road(SR 1922) south for 0 7 mile. Turn left onto SR 1940
and_proceed 0 3 mile to_project site
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):
Site : 35° 42' 19.3" N 81° 40' 01.2" W
6. Property size (acres): 0.1-Acres
7. Name of nearest receiving body of water: Fiddlers Run (WS-IVl
8. River Basin: Catawba
(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/maps/.)
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 site is an existing_naved road The road serves as access
to two,public schools.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: We
propose to extend an existing crossin¢ on Fiddlers Run to allow construction of turn- lanes to
access the new school The equipment to be utilized includes an excavator, backhoe, and
trucks.
1 1. Explain the purpose of the proposed work: We propose to extend one crossing and add turn
lanes for SR 1940 -Old Colony Road We_propose to extend one (1) double-barrel pipe
culvert on Fiddlers Run to allow construction of turn lanes for school access. Concrete
headwall and endwall will be constructed to minimize impacts. Total culvert extension will
be 20 linear feet The stream will be diverted through one .pipe with an impervious dike
while the other~ipe is extended The culvert will be installed to insure aquatic life passage
within the streams.
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.
. No no future klans
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. Each impact must be
listed sepazately in the tables below (e.g., culvert installation should be listed sepazately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and cleazly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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 3 of 9
1. Provide a written description of the proposed impacts: We propose to extend one (1) double-
barrel pipe culvert on Fiddlers Run The existing_pipes (?~ 84") will be extended by 10 feet
on each end for a total impact of 20 feet
2. Individually list wetland impacts. Types of 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.
Wetland Im act
p
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: 0.0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
SR 1940 Fiddlers Run Pipe Culvert perennial 20 0.0022
Page 4 of 9
Total Stream Impact (by length and acreage) 20' 0.0022
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma
Name of Waterbody
(if applicable)
T e of Im act
~ p Type of Waterbody
lake, pond, es sound, ba ,
( ~~' y
ocean, etc. Area of
Im act
p
acres
N/A
Total Open Water Impact (acres) N/A
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres): 0.0022
Wetland Im act acres : 0.0
O en Water Im act acres): 0.0
Total Im act to Waters of the U.S. acres 0.0022
Total Stream Im act linear feet : 20'
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface azea:
Page 5 of 9
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 existing_naved road must
be widened to provide access to a new school facility The pine culvert extension requested is
the minimum necessary to establish an a~pyropriate twical section for the proposed access.
Riparian vegetation will be established on disturbed azeas associated with the protect
construction.
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 January 15, 2002, 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 maybe 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 similaz
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 NCEEP 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/strm~ide.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/lineaz 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.
Page 6 of 9
We do not feel that miti ation is warranted due to the minimal impacts of the pipe culvert
extension.
If required we propose to utilize the Ecosystem Enhancement Program (EEPI for the
mitigation reauirements for the proposed impacts NCDOT will be coordmatm~ with_ the
EEP to obtain the appropriate mit~¢ation credits if reauired.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http'//h2o enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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
3. 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) - N/A
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.
Page 7 of 9
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2
Impact Required
Zone* s uare feet Multiplier Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
If "yes", 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 multi Tiers
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The existing~paved road acts as an impervious
surface The roadway surface will be increased by 50% within the localized area of the turn
lanes Stormwater will be diverted throu settlin>; basins or ;;rass lined buffers pnor to
enterin the streams.
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 anafter-the-fact permit application? Yes ^ No
Page 8 of 9
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http•/~'h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
With regard to hazardous spill basins the road is not classified as an arterial route; therefore
hazardous spill basins are not required
3~/S
,pplicant/ gent's Signature ~ Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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Name: MORGANTON SOUTH Location: 035° 42' 18.79" N 081 ° 40' 11.28" W ~~
Date: 3/15/2007 Caption: SR 1940 Old Colony Road
Scale: 1 inch equals 1000 feet Burke County, NC
Copyright (C) 1998, Maptech, Inc.
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Sheet 4 of 9
EROSION CONTROL PLAN SHEET
Generally, the order of installation of the erosion control measures will be as
follows:
Temporary silt basins shall be installed before clearing and
grubbing begins.
Silt fences and temporary silt ditches shall be installed after
clearing and before grading.
Temporary stone ditch checks shall be installed as soon as
ditch line is established.
Pipe outlet and inlet protection will be done as soon as the
pipe is installed.
Seeding and other permanent erosion control measures are
to be implemented as soon as practical.
Temporary rock silt checks (type B) will be spaced as required
by percent of grade as described on page VI-16 in the Erosion
And Sedimentation Guidelines.
No. 5 stone, or equivalent, will be used in conjunction with
temporary rock silt check Type-6 in locations where water is
leaving the project or entering a pipe.
Silt basin size is 9'x3'x2' for 75 feet~of disturbed ditch line unless otherwise
noted.
Silt basin (Type B) are designed for 1800 cubic feet per acre every storm event
and cleaned out when half full.
Per permit conditions for Corps of Engineers and the Wildlife Resources
Commission, all pipes in streams 48" or greater must be buried 12° below
streambed elevation. Pipes less than 48" must be buried with 20% of the
diameter below streambed elevation.
Sheet 5 of 9
PIPE INSTALLATION NOTES
1) Install erosion control devices.
2) Remove material and existing pipe while limiting, as much as possible,
material and sediment from entering the stream and/or escaping from project.
3) Prepare pipe foundation while again taking care to limit, as much as possible
material and sediment from entering the stream and/or escaping from project.
Where possible, new grade will be below existing streambed. If needed,
bedding material will be clean stone.
4) Place the new pipe and compact backfill.
5) Install slope protection on outlet and inlet ends of pipe. Also complete
installation of erosion control measures and perform maintenance as needed
on existing measures.
6) Establish permanent vegetation as soon as possible.
DESIGN FOR SILT 6ASIN SHEET ~oF~_
1800 CUBIC FEET PER ACRE
CHECKED EVERY STORM EVENT ANO CLEANED OUT WHEN HALF FULL
NOT TO SCALE
3 ~ MIN
' ~y
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EROSION CONTROL =""'-°"
DETRILS (ND
SPECIFICATIONS
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1630.03 Temporary Silt Ditch rso
1630.05 Temporary Diversion - To -
F
1605.01 ence
Temporary Silt
1622.01 Temporary Slope Drain ---- ----
1630.01 Silt Basin Type A -O
1630.02 Silt Basin Type B LL1~
1633.01 Temporary Rock Silt Check Type A - '`
1633.02 Temporary Rock Silt Check Type B -
1634.01 Temporary Rock Sediment Dam Type A -
1634.02 Temporary Rock Sediment Dam Type B -
1635.01 Rock Pipe Inlet Sediment Trap Type A - A
1635.02 Rock Pipe Inlet Sediment Trap Type B - ~~ B
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Pipe Outlet or Inlet Stabilization D
Environmentally Sensitive Area
SHEET 8 OF 9
ROCK SILT CHECKS
- OUTLET OF PIPE
(WIDTH OF ROCK AT THE OUTLET END TO BE 3 TIMES THE DIAMETER
OF THE PIPE AND TAPERED INTO EXISTING DITCH)
MIN.
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RR 18
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X IN 1 N
24' CSP
RR 24
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EXISTING DITCH T.5'
30' CSP
RR 30
V----1
EXISTING DITCH 9'
36' CSP
RR 36
MiN.
EXISTING DITCH 10.5'
42' CSP
RR 42
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