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HomeMy WebLinkAbout20070471 Ver 1_401 Application_20070307t Memo Ta Laurie Dennison 401NVetlands Section North Carolina Division of Water Quality 401 Oversight and Express Permitting Unit 2321 Crabtree Blvd. Raleigh, NC 27604 Frorri Lynn Hicks, Engineering, Heritage, and Recreation Staff CC: Dates 3/20/2007 Ree Log Hollow Bridges 1 & 2 PCN Submission ~A~r~~IvT RECEIVED o~-~~k7~ 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 forward the checks. If you have any questions please call meat (828) 257-4243 or by a-mail at IlhicksC~fs.fed.us ~~ Q~c~~oe~~ MAR 2 1 2007 t7ENR • WATER QiJALITY NIETtAND9 AND STQRIWWATER BRANCH 1 USDA United States Forest National Forests in North Carolina 160 ZII.LICOA 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 v o 7 Q 4 7 1 NCDENR -Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center ' Raleigh, NC 27669-1650 R ~ i , ~'u ~ ~) 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, e-mail - llhicks@fs.fed.us Barry Jones (828) 257-4835, a-mail - jbiones@fs.fed.us Sincerely, .C YNN L. HICKS, PE Engineering, Minerals, and Telecommunications Staff Officer l ,•:; .,t , ,,; ~''~ ..~.:... Office Use Only: Form version March OS y07.0479 USAGE Action ID No. DWQ No. (1t any particular item rs not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: R F ~ ~ ~- ~ ,v ~_ U ® 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: ^ 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 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(~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 maybe 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: Log_Hollow Bridge Replacement 5043(1) 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/US-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/AIRPORT 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' 34.5" / 82°48' 32.44" 7. Property size (acres): The Pis ag_h Ramer 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/admin/maps/.) 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 application is for the Log Hollow Bridge 5043 ~1) replacement, a second PCN is attached for bridge 5043(2). The Log Hollow Bridges washed out during Hurricane Frances in 2004 causing scour to the bride abutments. At this time both brides are impassable! 11. 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 dispose of properly off National Forest Lands Excavate two new concrete footings for the abutments and wing walls along the current alignment approximately 5' behind the previous abutments Construct new superstructure to provide flow volume to pass of a min 50 year flow as well as any debris moving downstream. Riprap will be machine laced and ke e~prevent scour around the newly formed footings. Restore existing road temglate 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 bridge 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 openinc. 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 qualit~by reducingsediment deliveryto the existing cold water resource. c. Reducing the potential for a debris plug due to the small end area. Page 3 of 10 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. 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 100 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) 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 Im act Impact Length (linear feet) Area of Impact (acres) West abutment Unnamed Stream Riprap Placement P 6 -~ 50' <0.1 East abutment Unnamed Stream Riprap Placement P 6,-~, 50' <0.1 Total Stream Impact (by length and acreage) 100 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 tl le cumulative impact to all Waters of the U.S. resulting from the projec~ Stream Impact (acres): 0.1 Wetland Impact (acres): 0 Page 5 of 10 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.1 Total Stream Impact (linear feet): 100 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 proiect when at all possible excavation equipment will not work directly in the stream channel. Excavation and disturbance will be done within the construction limits. USES 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 Page 6 of 10 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. USAGE - 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 acid/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 USAGE 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.em•.state.nc.us/ncwetlands/stnn~ide.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 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://1z2o.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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Page 7 of 10 Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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. Page 8 of 10 Zone* Impact (s uare feet) Multiplier Required Mitigation 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 ] . 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. 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 chance. Erosion and sedimentation prevention and control will be maintained throughout this project primaril t~gh proper water management, construction sequencing, proper 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 durine this proiect. 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. Temporary portable 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 Page 9 of 10 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.statc.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). ,r pplicant/Agent's Signature Date 's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 x..ir a°"".~"''~ United States Forest ~~ _'~ National Forests in 160A Zillicoa Street ~,,'~ Department of Service North Carolina P.O. Box 2750 Agriculture Asheville, NC 28802 R2R_~s~_d~nn File Code: 1230 Date: November 21, 2005 Route To: (7100) 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. 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