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HomeMy WebLinkAboutNCG200437_Regional Office Historical File 2002 to 2003State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, Director June 13, 2003 Bobby Smith Graham County POB 575 Robbinsville, North Carolina 28771 1 • • NOR' ENVIROI Subject: General Permit No. NCG200000 Graham County Recycling Facility COC NCG200437 Graham County Dear Mr. Smith: In accordance with your application for discharge permit received on March 10, 2003, we are forwarding herewith the subject certificate of coverage to discharge under the subject state -. NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1` .and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated. May 9, 1994 (or as subsequently amended). . If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable. to you, you have the right 'to request an individual permit by submitting an individual permit application. Unless such. demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or. permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact.Ken Pickle at telephone number (919) 733-5083 ext. 584. ft,, emki, SIGNED BY WIL LIAM G. MILLS Alan W. Klimek, P. E. cc: 1V/tsh� gionalOffice Centra F ev Stormwater and General Permits Unit Files SWU-259-011001 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY : GENERAL PERMIT NO. NCG200000 MI CERTIFICATE OF COVERAGE No. NCG200437 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, County of Graham is hereby authorized to discharge stormwater from a facility located at Graham County Recycling Facility 400 Snowbird Road Robbinsville, North Carolina Graham County to receiving waters designated as Atoah Creek, a class C water in the Little Tennessee River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III, IV, V, and VI of General Permit No. NCG200000 as attached. This certificate of coverage shall become effective June 13, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 13, 2003. ORIGINAL SIGNED BY WILLIAM C. MILLS Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission W AT F9Q Michael F. Easley • (� Governor William G. Ross, Jr., Secretary > Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality October 11, 2002 Mr. Jeff Cabe I ; County Manager _ -_. 2002 Graham County 12 N. Main Street Robbinsville, NC 28771 - Subject: Stormwater Management Solid Waste Transfer Station Graham County, NC DWQ# 021152 Dear Mr. Cabe: This Office is in receipt of the plans dated September 25, 2002 for the stormwater management at the subject facility prepared on your behalf by McGill and Asssociates and submitted to the Division on September 27, 2002. Staff from the Wetlands Unit reviewed the plans and found them acceptable. Please note that this approval is for water quality purposes only and shall not be construed as an approval of the design for dam/outlet structure integrity, Dam Safety, public safety, or flood attenuation purposes. If you have any questions regarding this matter, please contact Mr. Todd St. John at (919) 733-9584. rnR. y up rvisorcc: Mr. Todd St. John, WetlandAsheville-Regional Office Mark Cathey, PE, McGill Associates, 55 Broad Street, Asheville, NC 28801 File North Carolina 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/ncwetiands/ A� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Mr. Jeff Cabe County Manager Graham County 12 N. Main Street Robbinsville, NC, 28771 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Cabe: Alan W. Klimek, P.E. Director Division of Water Quality July 30, 2002 DWQ# 02-1152 Graham County Page 1 of 2 t AUG - 5 2002 You have our approval, in accordance with the attached conditions, to place fill in 149 linear feet' of perennial streams in order to construct road crossings at the Graham County Solid Waste Transfer Station in Graham County, as described in your. application received by the Division of Water Quality on July 22, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at htto://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. 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, Non -Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the. property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.. If total wetland and/or stream fills for this project (now or in the future) including future phases of this subdivision exceed one acre or 150 linear feet of. perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: The following condition applies unless you can demonstrate to the Division that the anticipated buildout impervious area is less than 30%: A final, writtenstormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities; as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. This Office will consider the use of the existing wetland to meet this condition if pretreatment is provided; 2. All culverts must be designed, constructed and.placed to allow aquatic life passage; 3. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401 Certification has been completed. 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. 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 Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Questions regarding stormwater requirements should be directed to Todd St. John in the Central Office at 919- 733-9584. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-16'17 (919) 733-7015 ,\�A' f� NM58 Customer Service 1 800 623-7748 AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office AsheWIe_DVUQ-Regional ffE6 Central Files File Copy Mark Cathey, P.O. Box 2259, Asheville, NC, 28802 021152 Pre -Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.usace.anny.miI/wetlands/Perm aUp.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.aimy.mil/wetlands/regtour.htm, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwctlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application). Page 1 of 12 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USAGE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saNv.usace.ariny.mil/wetlands/iiwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.eluir.state.ne.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on -hold letter pending receipt of additional requested information, or denial. Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wihnington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763 Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 Page 3 of 12 LAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kemersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 12 Office Use Only: Form Version October 2001 USAGE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ❑ Section 10 Permit ® 401 Water Quality Certification ❑ Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII — Mitigation), check here: ❑ II. Applicant Information Owner/Applicant Information Name: Mr._ Jeff Cabe, County Manager, Graham Count Mailing Address: Graham County 12 N. Main Street Robbinsville NC 28771 Telephone Number: E-mail Address: Fax Number: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Solid Waste Transfer Station — Graham County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 5589-0000-41-0701 4. Location - County: Graham Nearest Town: Robbinsville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Project is located on the south side of the road at the intersection of U.S. 19-129 and S.R. 1202 (Jack Branch Road). 5. Site coordinates, if available (UTM or Lat/Long): 35' 16' 30" N, 83' 43' 45" W (Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Generally undeveloped with an old abandoned road running through the portion to be 7. Property size (acres): 1 8. Nearest body of water (stream/river/sound/ocean/lake): Tulula Creek 9. River Basin: Little Tennessee (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.) Page 6 of 12 10. Describe the purpose of the proposed work: The work is for the construction of grading roads and buildings for a new solid waste transfer facility to serve Graham County. 11. List the type of equipment to be used to construct the project: Equipment will be that normally associated with earthwork projects such as bulldozers Track hoe, back hoe, compaction equipment and dump trucks. 12. Describe the land use in the vicinity of this project: Surrounding areas are undeveloped. 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: None are anticipated VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Roadway fill .09 No 0' to UT Forested wetland 2 Embankment fill .16 No 80' to UT Forested wetland List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management 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 http://www.lema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.96 Acres Total area of wetland impact proposed: 0.25 acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Culvert 50 UT to Tulula Creek 2' Perennial 2 Culvert 99 UT to Tulula Creek 2' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip -rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip -rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., %N1ww.topozone.c2m, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 148' Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) pact Type of Impact* Area of Im pact (acres) Name p 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. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, - local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Intrusions into the wetlands area and stream impacts were minimized to the neatest extent possible that would allow for safe operation of vehicles and personnel. The site is bounded on the west side by a large steep bank that dictated the location of the facilities relative to the stream and wetlands. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://l12o.enr.state.ne.us/ncwetlands/strm,gide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a - description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.ennstate.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non -riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ❑ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ - Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar -Pamlico), 15A NCAC 213 .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 (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Gone l extends out SU teet perpendicular tram near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 07/16/2002 08:13 FAX 2529333 _ McGILL ASSOCS. IM002 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only). Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existing impervious area is 0.3 ac. 2.6% of site). Proposed impervious area is 2.0 ac. ( 17.1 % of Site). Storm water will flow overland (no curb and gutter or storm sewers) and through grasses and other plantings before reaching the wetlands and stream. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewage will be disposed of by pump and haul method, with sewage taken to an appropriate - treatment facility for disposal. XIII. Violations (DWQ Only) 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 MV. 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). CGS q Appl�a /Agen's Signature v Date (Ag6rts signature is valid only if an authorization letter from the applicant is provided.) ➢,— 1') of 1'7 4 CS3p 4n}gyyPo »�isyyy i 00'q \ NK / \ ij a VG p S sy m r �•.. \ 2.AG0TWSFER \ nAn� g 2b, , \ \ \ 4v L \ 4 \. \ zeta \ \ WEFE r \ \ s \ \ g 'o o � ST \br, x,\M-44ALF PAM\ \ E,t m c o \ \ 8�5 oS u d b d' • ; co / \ �l A,w ' OOPS FENGINEERS UTTA . I '? Z SOLID P' #cc��°.' 3"l t'2 rA q,. 55 BROAD STREET �' S "$ ('1 ...,._..._._..__....._.... �S SOLI WASTE T 7 AI i+.:�s *,,. �'Sr�„�'a,,.� ,� 1 ASHEYILLE. HC p ? FR. (Taa) 25Z-05?5 y I tax (azn} 252-2513 GRAHAM COUNTY A S S O C I A T E S GRAHAM COUNTY, NORTH t;,�RCL WA � »„ . � „ SNGI MMMG•FIANNING FIN®NCI; McGill her A S S O C I A T E S July 19, 2002 ` Mr. David Baker U.S. Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, North Carolina 28801 JUL J M2 G iOUP Y SECTION RE: Application- for 404 / 401 General Permits Graham County Solid Waste Transfer Station Graham County, North Carolina Dear David: As you have discussed with Bill Roark of our office, Graham County wishes to construct a new Solid Waste Transfer Station in Graham County. The proposed project is located at the intersection of U.S. 19-129 and S.R. 1202 (Jack Branch Road) on the south side of U.S. 19-129. Construction of this project will require filling in an existing wetland and piping of an existing unnamed tributary to Tulula Creek. Based upon a survey performed by Brian T. Moore, PLS of the wetland boundary determined by Fish and Wildlife Associates, Inc., the area of wetlands was determined to be 0.96 acres. If the project is approved as currently designed, 148 linear feet of stream and 0.25 acres of wetlands will be impacted.. On behalf of Graham County, we are transmitting to you the enclosed Pre -construction Notification Application. We are also submitting seven (7) copies of the application, along with the required $200 fee to the North Carolina Division of Water Quality, Raleigh office. In accordance with the requirements of the above application, we are also notifying the State Historic Preservation Office and the United States Fish & Wildlife Service of the anticipated project. The application package includes the following documents: • 1 executed copy of the "Pre -Construction Notification Application". • USGS quad sheet indicating the project location. • Proposed Site Plan with wetlands delineation map. E n g i n e e r i n g P l a n n i n g • F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 ^ FAX 828-252-2518 Mr. David Baker July 19, 2002 Page 2 This project is scheduled to begin immediately upon receipt of the necessary permit approvals. We appreciate your attention to this application at your earliest convenience. Please do not hesitate to call if you have any questions or need any additional information. Sincerely, McGILL ASSOCIATES, PA MARK CATHEY, P.E. MC/bjr cc: Jeff Cabe, Graham County M\projects\01304\corps_permits\draft db19ju102.doc Mr. Mark Cathey, PE McGill Associates PO Box 2259 Asheville, NC 28802 Subject: Dear Mr. Cathey: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources August 21, 2002 Solid Waste Transfer Station DWQ Project No. 021152 Graham County Alan W. Klimek, P.E. Director Division of Water Quality p�G 2 6 20C2 The Wetlands Unit staff reviewed the stormwater management plans for the subject project and determined that additional information is necessary to complete the technical review process. The required additional information is as follows: 1. Site Imperviousness Although the entire site may be less than 30% impervious, there is a concentrated area of imperviousness that exceeds 30% imperviousness and requires stormwater management. Please note that if level spreaders, sheet flow, or other pretreatment measures.were to be provided into the existing wetlands to the maximum extent practicable, then condition no.1 of the 401 Water Quality Certification would be met. Division wetlands unit staff will strive to complete a final technical review within 10 working days of receipt of the requested information. If you have any questions or would like to discuss this project, please contact me at (919) 733- 9584. Also, please note that the NCDENR Stormwater Best Management Practices Manual, April 1999, and other documents and information can be downloaded from the Wetlands Unit web site at http://h2o.ehnr.state.nc.us/ncwetlands/. Sincerely, Todd St. Joh , PE Environmental Engineer cc: Asheyilie-Regional-Office File North Carolina 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/ J.-.,,McGffl A S S O C I A T E S August 8, 2002¢°:. Mr. Alan W. Klimek, P.E. Division of Water Quality 9 "1D North Carolina Department of Environment And Natural Resources 1617 Mail Service Center - Raleigh, North Carolina 27699-1617 RE: Solid Waste Transfer Station Graham County, North Carolina DWQ# 02-1152 Dear Mr. Klimek: In response to your approval letter for this project to Mr. Jeff Cabe, dated July 30, 2002, specifically additional condition #1, we offer the following. The total impervious area proposed for the project is 2.6 acres. This includes all of the buildings, asphalt roadway, & gravel roadway. The total area of the site is 11.72 acres. Therefore, the anticipated buildout impervious area is approximately 22.2 % and a stormwater management plan is not required. All culverts designed for this project will be placed to allow aquatic life passage. We look forward to working with you to complete 401 Water Quality Permitting for this prof ect. Sincerely, MCGILL ASSOCIATES, P.A. MARK D. CATHEY, P.E. cc: -Jeff Cabe, Graham County vo'Mr. Mike Parker, NCDENR-DWQ, Asheville Ms. Cyndi Karoly, NCDENR-DWQ, Raleigh Mr. Todd St. John, NCDENR-DWQ, Raleigh 0 1 304/letters/alan-kli mek-8-8-02.doc E n g i n e e r i n g • P l a n n i n g F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • FAX 828-252-2518 17' 301, 3908 590,000 FEET 3907 zz 3905 \ '-�q( +` 0 J �N PROJECT SITE -;�J _ moo A0, II © R _ o 35'1>'+':, ", �. , i. v� 1� l r_1 rvv 83° 45' S0 �51 s9o.000 FEET 253 42' 30" �l Mapped and edited by T�ennessee'Valley Authority MORPHY 2 Published by the -GeoloS.tal Survey * I Control by USC&GS, USGS, and TVA MN 10F� y ogra Topography by USGS by photmmetric methods. Map field checked by TVA, 1940 GN E � 11���') �Cj{ 1 E� Polyconic projection. 1927 North American datum 3! V 62 MILS W 1 v 10,000-foot grid based on North Carolina rectangular 28oMILS coordinate system 1000 meter Universal Transverse.Mereator Grid ticks, Zone 17, shown in blue UTM GRID AND 1990 MAGNETIC NORTH To place on the predicted North Americani©atum 1983 a DECLINATION AT CENTER OF SHEET move the projection lines 8 meters south FOR SALE BY U.S. GEOLC 9 meters west as shown b dashed corner ti y s Revisions shown in purple and woodland compiled by theTE AND U.S. There may berivate inholdin s within the bo y p g Mclaries of Geological Survey from aerial photographs taken 1987 and other sources. This information not field checked CF a FOLDER DESCF the National or State reservations shown on th M. ap Map edited 1990 PV September 11, 2002 Mr. David Baker U.S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 SUBJECT: Graham County Solid Waste Transfer Station 404 Permit Application Culverts and Wetland Fill — Unnamed Tributary Tulula Creek, Graham County, North Carolina Dear Mr. Baker: McGill Associates on behalf of Graham Countyy, is re uesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. I have reviewed information provided by the applicant, and I am familiar . with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to install 148 feet of culvert in an unnamed tributary to Tulula Creek and fill 0.25 acres of an approximately 0.96 acre wetland. The purpose of the project is to create a municipal solid -waste transfer station. The Division of Water Quality classifies Tulula Creek as WS-III tout and the NCWRC designates Tulula Creek as hatchery -supported trout water. The propertis directly adjacent to US Forest Service property that is managed as gamela.nds. We believe that this project has a high probability of resulting in direct adverse impacts to trout waters. Additionally, we believe that this project is likely to result in adverse impacts to wildlife species and could pose a safety hazard to motorists. Although it is our understanding that there is a small waste disposal site nearby, we must question if it is prudent to locate a solid waste transfer station in close proximity of a stream designated for water supply and trout. Additionally locating a waste site immediately adjacent to National Forest lands has a high potential of attracting wildlife to the station. During certain times of the year, bears are likely to seek out the station in search of food. If the frequency of bear movement to and from this area increases, we believe the potential for automobile accidents will increase. Additionally, bears that have altered their feeding behavior and loose their fear of humans have a greater probability of causing problems for local residents or users of the surrounding National Forest. The confluences of Bear Creek, Jacks Creek, and Juts Creek with Tulula Creek are all within 2000 feet or less of this site. Since streams are natural movement corridors for wildlife the dendritic pattern radiating from the project site is likely to exacerbate wildlife problems. The fact that the Graham County Solid Waste Transfer Station 2 September 11, 2002 Graham County, UT Tulula Creek transfer station is in a sharp curve could further increase hazards to motorists if animal visitation becomes a problem. We are also concerned about the potential for adverse impacts to water quality and to the remaining wetlands on site. Other than overland flow through grasses, it is not clear from the application what measures would be taken to prevent pollutants from the waste disposal site from entering surface waters. Although avoidance of curb and gutter and filtering stormwater through grasses is an acceptable practice, we must question if it is sufficient to protect water quality in this case. Collecting the water and sending it through an oil & water separator and a sediment removal device (e.g., stormceptor) prior to discharge may be preferable. A level spreader discharging to the wetland could possibly be used to provide some final treatment before the water reached Tulula Creek. Additionally, it is our understanding that there is sufficient room for a retention basin or a constructed wetland and these may be preferable for treating stormwater from the site. Given what we believe are public safety issues, the potential to adversely impact trout waters and the potential to adversely impact the behavior of area wildlife, we must request that this permit application be held until sufficient information is provided to this agency to address the concerns discussed above. Alternative locations for this project need to be provided. Once the above issues are satisfactorily addressed, the NCWRC would anticipate concurring with a permit for a solid waste transfer station. However, we anticipate that the following conditions will be needed for any 404 permit that involves these quality surface waters. 1. Adequate sedimentation and erosion control measures must be implemented prior to any ground -disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting in conjunction with appropriate seeding should be used on disturbed soils at the road crossing and adjacent to streams. 2. Under no circumstances should rock, sand, or other materials be dredged from the wetted stream channel under authorization of this permit; except in the immediate vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent landowners. 3. If possible, culverts should be placed in a dry work area. Sandbags, flexible pipe, or other diversion structures should be used where possible to minimize excavation in flowing water. 4. If concrete is used during construction of the road crossing (e.�., headwalls), a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts live concrete should not be discharged to surface waters due to the potential for elevated pH. 5. A stormwater management plan should be prepared for the site. Stormwater from the roads and parking lots and trash receptacle areas should be managed to maintain the quality and quantity of stormwater to pre -construction conditions. Stormwater should be routed through an oiUwater separator and sediment removal device or through a retention basin or constructed wetland prior to discharge. To prevent scouring of wetlands and stream channels, treated stormwater should be directed to vegetated buffer areas via a level spreader. 6. All mechanized equipment operated at the waste disposal site should be inspected and maintained routinely to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. v 7. Work instream and within the 25-foot buffer is prohibited during the trout -spawning season of October 15-April 15 to protect the egg and fry stages from sedimentation. rCounty Solid Waste Transfer Station 3 September 11, 2002 County, UT Tulula Creek 8. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs (e.g., rhododendron, dog hobble, willows, alders, sycamores, dogwoods,black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control and canopy cover over the stream in the vicinity of the road crossing. 9. Any remaining wetlands at the site should be protected from any future impacts from expansion of the facilities and wetland hydrology should be maintained by routing sufficient water to these areas. 10. A minimum 10-foot heavy duty chain link fence with barbwire strands extending outward along the top of the fence should be installed around the entire facility to discourage bear entry. Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546 ext 24. Sincerely, Owen F. Anderson Mountain Region Coordinator Habitat Conservation Program cc: Mr. Mark Cathey, McGill Associates, Consultant Mr. Jeff Cabe, Graham County Manager