HomeMy WebLinkAbout20070473 Ver 1_401 Application_20070307Memo
To: Laurie Dennison
401/Wetlands Section
North Carolina Division of Water Quality
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
From: Lynn Hicks, Engineering, Heritage, and Recreation Staff
CC:
Dato; 3/20/2007
Re: Log Hollow Bridges 1 & 2 PCN Submission
PAYCJ'~NT
RECEIVED
o~-~?~73
Enclosed are two checks for $200 to cover the application fee for the subject projects. This is in
response to our recent phone and a-mail messages related to these applications. We failed to submit
the PCN's with the fees. Thanks for holding them. while until we were able to fonnrard the checks.
If you have any questions please call meat (828) 257-4243 or by a-mail at Ilhicks@fs.fed.us
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1
Re: PCN-401 Certification Submittials
Subject: Re: PCN-401 Certification Submittials
From: Laurie Dennison <laurie.j.dennison@ncmail.net>
Date: Fri, 16 Mar 2007 15:01:10 -0500
To: Lynn L Hicks dlhicks@fs.fed.us>
No problem! Yes, mailing to our direct address works fine.
DWQ-Wetlands- 401 Unit
2321 Crabtree Blvd Ste 250
Raleigh NC 27604
Laurie Dennison
Lynn L Hicks wrote:
Laurie,
I just picked up your voice mail and left you a voice mail. We goofed!!!
If possible, please hold the applications there and we will send the
appropriate checks to your attention for them. I think we can have the
checks cut on Monday and get them in the mail to you by Tuesday. I saved
a previous e-mail which you sent me on another project....so I have your
direct mailing address (2321 Crabtree Blvd).
An a-mail confirmation of this would be fine!!!
Again, sorry for the omission........it just fell between the cracks...
Thanks,
Lynn
Lynn L. Hicks, PE
Engineering, Heritage, and Recreation Staff Officer
USDA Forest Service
National Forests in North Carolina
(828)257-4243
llhicksCafs . fed. us
PAYMENT
RECEIVED
1 of 1 3/19/2007 8:51 AM
USDA United States Forest National Forests in North Carolina 160 ZILLICOA ST STE A
Department of Service Supervisor's Office ASHEVII.LE NC 28801-1082
Agriculture 828-257-4200
File Code: 7720-1-3
Date: March 12, 2007
Ms. Cindy Karoly
Supervisor - 401 Oversight/Permitting Unit
NCDENR -Division of Water Quality v Q 7 Q 4 7 3
401/Wetlands Unit
1650 Mail Service Center FtiYM E N T
Raleigh, NC 27669-1650 RECEIVED
Dear Ms. Karoly
Enclosed are seven (7) copies of the following Pre-construction Notifications (PCN), and
appropriate application fees, for bridge replacement projects on the Pisgah Ranger District of the
Pisgah National Forest, in Transylvania County, North Carolina.
1. 24 foot span -Glue-lam timber bridge over Log Hollow Creek - $200 application fee
2. 24 foot span -Glue-lam timber bridge over an unnamed tributary of Log Hollow Creek -
$200 application fee
The purpose of the project is to replace two wooden bridges damaged by the remnants of
Hurricanes Francis, Ivan, and Jeanne which impacted the area in September 2004. This project
includes excavation, abutment construction, installation of two glue-lam timber bridges, rip-rap
placement, and site restoration.
Based on our review of the authorized Nationwide Permits (NWP) we believe this project is
covered under NWP 3. As required by General Condition #3404 and PCN instructions, we are
requesting Section 401 water quality certification for this project. Concurrent with this
application, the PCN has been submitted to the US Army Corps of Engineers for Section 404
permit approval.
If you have any questions, concerns, and/or require additional information, please contact me or
my representative, Barry Jones, at the following numbers;
Lynn Hicks (828) 257-4243, a-mail - llhicks@fs.fed.us
Barry Jones (828) 257-4835, a-mail - jbjones @fs.fed.us
Sincerely,
4 r ~
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YNN L. HICKS, PE
Engineering, Minerals, and
Telecommunications Staff Officer
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Office Use Only: Form Version March OS
~07.0473
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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 3
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 Marisue Hilliard (Forest Supervisor)
Mailing Address: US Forest Service
National Forests in North Carolina
160 Zillicoa Street Ste. A
Asheville NC 28801-1082
Telephone Number: 828-257-4200 Fax Number: (828)-259-0584
E-mail Address: mhilliard(a~fs.fed.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.)
Name: Lynn Hicks (Forest Engineer)
Company Affiliation:
Mailing Address: US Forest Service
National Forests in North Carolina
160 Zillicoa Street Ste. A
Asheville NC 28801-1082
Telephone Number: 828-257-4243 Fax Number: 828-257-4884
E-mail Address: llhicks(a~fs.fed.us
Page 1 of 10
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.
I . Name of project: Log Hollow Bridge Replacement 5043(2)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Transylvania Nearest Town: Brevard, NC
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc~Traveling west from
Asheville on I-240 take the I-26 E/LJS-74 E via the exit on the LEFT toward
HENDERSONVILLE SPARTANBURG/ASHEVILLE AIRPORT. Take the NC-280 exit-
EXIT 40- toward ASHEVILLE REGIONAL AIRPORT/ARDEN. Turn RIGHT onto NC-
280/AIlZPORT RD. Continue to follow NC-280 W. Turn right on US-276. Travel
approximately 4 miles and turn left onto NFSR # 475B Headwater Road, travel approx. 1
mile and NFSR # 5043 will be on the right hand side of the road, road is typically closed so
park at the closed Forest gate. See Map Attachment A
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.)
6. Decimal Degrees (6 digits minimum): Lat/Long): 35° 19' 27.24" / 82° 48' 43.07"
7. Property size (acres): The Pis a~ h Ranger District is 234,576 Acres.
8. Name of nearest receiving body of water: Davidson River
9. River Basin: French Broad
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adminhnaps/.)
Page 2 of 10
10. 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 purpose of this project consists of recreational use
such as camping hunting and hiking. Other uses include timber management with timber
sales fuel reduction management with prescribe fire and wild land fire control. The site has
gently slopping topography with an existing damaged wooden, single lane bridge. This
.project includes replacing two bridges however this PCN is for Log Hollow Bridge 5043(1)
replacement a second PCN is attached. The location of this bridge 5043(2) crosses Log
Hollow Creek approximately a quarter mile from the first bridge 5043(1).
The Log Hollow Bridges washed out during Hurricane Frances in 2004 causing scour to the
bridge abutments. At this time both bridges are impassable!
10. Overall project description in detail including the type of equipment to be used:
Description:
This project is to restore forest user safe along National Forest System Road # 5043, damaged as a
result of severe flooding in 2004.
The project is to remove the existing wooden timber bridge and disposed of properly off National
Forest Lands Excavate two new concrete footings for the abutments and wing walls alone the current
alignment approximately 5' behind the_previous abutments. Construct new superstructure to provide
flow volume to pass of a min SOyear flow as well as any debris moving downstream. Riprap will be
machine placed and ke e~prevent scour around the newlyformed footings.
Restore existing road template by repairing to the standards in attachment B.
Equipment:
WB-40's earth movers dump trucks cranes All areas disturbed during construction to be returned to
their original state.
11. Purpose of the proposed work:
At this time the existing brid e is impassable. This proposed project is to replace the existing
wooden abutment bridge with a concrete abutment structure with a wooden laminated deck. The new
structure will provide access to administrative use such as forestry equipment and fire equipment for
fire protection as well as timber management equipment.
The current bridge provides minimum flow due to the existing undersized short span and opening.
Hurricane Frances eroded existing_ abutment foundations resulting in a weakened impassable
structure.
Expected Benefits:
a. Reduce the potential for further scouring_of the existing abutments.
b Protect water quality by reducing_sediment delivery to the existing cold water resource.
c. Reducing thepotential for a debris plug due to the small end area.
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
Page 3 of 10
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately 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 clearly 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
1. Provide a written description of the proposed impacts: Construction of new super and
substructure over Log Hollow Creek. The extent of these impacts will be approximately 108 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. N/A
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
None N/A N/A No 0 0
Page 4 of 10
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
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 map)
Stream Name
Type of Impact
perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
West abutment Log Hollow Creek Riprap Placement p 9'-10' S4' <0.1
East abutment Log Hollow Creek Riprap Placement P 9'-10' S4' <0.1
Total Stream Impact (by length and acreage) 108 0.1
* Totals for both bridges
4. 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 map)
Name of Waterbody
(if applicable)
Type of Impact
~ Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
0 N/A None N/A 0
Total Open Water Impact (acres) 0
5. List the cumulative impact to all Waters of the U.S. resulting from the project:*
Stream Impact (acres): 0.1
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.1
Total Stream Impact (linear feet): 108
Page 5 of 10
6. 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.
7. Pond Creation: No pond creation for this project. 0 Acres
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 area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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.
For this project when at all possible excavation equipment will not work directly in the stream
channel. Excavation and disturbance will be done within the construction limits. USFS has
incorporated standard erosion & sediment control practices into the construction drawings &
specifications. Standard practices will include• construction scheduling -work shall be
accomplished when water level is low. Structural controls -erosion and sediment control
measures such as temporary sediment traps temporary diversions silt fence cofferdams may
be incorporated and inspected after each rain event.
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
Page 6 of 10
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 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 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~,i de.htm 1.
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 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.cnr.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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 7 of 10
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 ^
NEPA Documentation is Attached.
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 (NA)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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. 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 multipliers.
Zone* Impact
(square feet) Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Gone 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.
Page 8 of 10
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 identif ed
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Storm water (required by DWQ)
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.
Impervious acreage will not change. Erosion and sedimentation prevention and control will be maintained
throughout this project primaril t~g_h proper water management, construction sequencingproper
staging and stockpiling material, and the maintenance at all times of suitable channel capacity for
expected flow events. No equipment, fuels, lubricants, or other potential sources of water pollution will
be stored in areas that could be flooded during this project.
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.
Temporaryportable facilities will be required for the duration of the project.
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. 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):
Page 9 of 10
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).
~ ~~ ~~~~~
pplicant/Agent's Signature Date
's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
`_"".~""~'_; ~ United States Forest National Forests in 16OA Zillicoa Street
i,, ,~ Department of Service North Carolina P.O. Box 2750
Agriculture Asheville, NC 28802
R2R_257_d2tlfl
File Code: 1230 Date: November 21, 2005
Route To: (~ 100)
Subject: Delegation of Authority
To: Lynn L. Hicks, Engineering and Minerals Staff Officer
You are hereby delegated the authority to act as my Agent for all phases of the application
process for permits required by Section 404 of the Clean Water Act, for road, bridge, culvert, and
facilities projects on the National Forests in North Carolina. You are authorized to make formal
application for all permits to the US Army Corps of Engineers, the North Carolina Division of
Water Quality, and the North Carolina Wildlife Resources Commission, provide all necessary
information, and sign all correspondence.
Include this letter as part of all applications for Section 404 permits to the US Army Corps of
Engineers, North Carolina Division of Water Quality, and North Carolina Wildlife Resources
Commission.
_---_
MARISUE HILLIARD
Forest Supervisor
U~S
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