19980321 Ver 1_Complete File_19980413

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
a ? FAA
9 •
A 1
; 1k
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1998
Buncombe County
DWQ Project # 980321
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS,, WRP
Mr. David Robinson
NC DOT
PO Box 25201
Raleigh, NC 27611-5201
Dear Mr. Robinson:
You have our approval, in accordance with the attached conditions and those listed below, to impact in 189
linear feet of waters for the purpose of widening US 25A from SR 3081 to SR 3079 Buncombe County, as you
described in your application dated April 3, 1998. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3103. This certification allows you to use Nationwide
Permit Number 14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approve l letter and is thereby responsible for complying with all conditions. If total wetland fills fo-,this
project (now or in the future) exceed one acre, 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 and
any additional conditions listed below.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0500, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). According to 15A NCAC 2H
.0506(h), 189 feet of restoration will be required. Until the Wetland Restoration Program receives and clears your
check (made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron
Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions?concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 189 feet of streams, in 040302 river and subbasin 189 feet of stream
restoration are required. Please be aware that the wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 211 .0503(b)).
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 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.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely
Pres oward, r. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Ron Ferrell; Wetland Restoration Program 980321.1tr
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NC DOT has been given permission to impact 189 feet of stream for the
purpose(s) of proposed widening US25A. All activities associated with these authorized impacts must be conducted in
accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION
LOCATION: US 25A widening
COUNTY: Buncombe
BASIN/SUBBASIN: 040302
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to
one-quarter acre increments according to 15A 2R.0503(b)
acres of Class WL wetlands
acres of riparian wetlands
acres of non-riparian wetlands
acres of Class SWL wetlands
189 linear feet of stream channel
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R .0503. If you chonse this option, please sign this form and mail it to the
Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 358
1
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bill Gilmore
Manager, Planning and Environmental Branch
NCDOT
P.O. Box 25201
Raleigh, N.C. 27611-5201
1 ? •
Aw-
Blom
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 19, 1998
NCDWQ# 980321
U-2801
SUBJECT: WRP-FAILURE OF PAYMENT NOTIFICATION
U.S. 25A Widening
From SR 3081 to 3079
Buncombe County
Dear Mr. Robinson:
On June 2, 1998 you were issued a 401 Water Quality Certification authorizing you to
impact wetlands and or waters of the State. As part of this Certification you were required to
make a payment to the N.C. Wetland Restoration Program for impacts to 189 feet of stream. As
of this date, no payment for these activities has been received.
You are hereby notified that the wetland and or water impacts approved by your 401
Certification must not be initiated PRIOR to payment into the WRP. Failure to make payment
for wetland or stream impacts as required by your 401 Water Quality Certification may result in
an enforcement action being initiated against you. Additionally, a Civil Penalty assessment not to
exceed $10,000 per day may also be levied against you.
Please submit your payment and return the enclosed form to the WRP (address listed on
the form) within 21 days upon your receipt. If this matter is not resolved by this time, NCDWQ
will proceed to revoke your Certification and initiate an enforcement action you for this matter.
If you should have any questions regarding this matter please feel free to call me at (919)
733-1786 or Ron Ferrell at (919-733-5083 EXT. 358).
ly,
Dorney
lat w?
er Quality Certitt tion Program
Cc: Ron Ferrell, WRP
Mike Parker, Asheville Regional Office
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
980321
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES Li. HUNT J R. P.O. WX 25201. RALLIGH, N.C. 27o11 5201 E. NORRIS TOI.SON
GOVERNOR SKAUIARY
I?
April 3, 1998
APR 31998
1' ? J
WETLANDS GROUP "'?
t4?i?TER UALITY SECi'i0N f
LI.S. Army Corps of Engineers
Regulatory Field Office
151 Patton AVCmIC
Room 143
Asheville, North Carolina 28801-5006
ATTN: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
SUBJECT: Buncombe County widening of US 25A from SR 3081 to SR 3079.
TIP No. U-2801, State Project No. 8.184330 1, Federal Aid Project
No. STP-25A(1), COE Action ID. 199604110.
The North Carolina Department of Transportation (NCDOT) proposes to widen an existing two-
lane section of US 25A to a five-lane curb and gutter facility. The project extends from SR 3081
to SR 3079, a distance of 1.51 miles. The width of the new facility will be 68.0 feet face of curb
to face of curb. The two outside lanes will be 14.0 feet wide with 12 foot inside lanes and a six
foot berm provided behind the curb.
The project will cross one water body, Sweeten Creek. The crossing will require the extension of
the existing culvert by an additional 189.0 feet. Additionally, two small wetlands totaling 0.05
acres will be impacted by construction of the proposed project.
The NCDOT anticipates that these activities will be authorized under a Nationwide Permit 14.
Enclosed please find the project site map, the preconstruction notification form, and drawings for
the above referenced project. By copy of this letter, we are also requesting a 401 General Water
(9
Quality Certification 4 3103 (tor NWP 14) from the NC Division of Water Quality. Ifvou have
any questions or need any additional information, please contact Mr. Lindsey Riddick at (?)I())
733-7844 extension 315.
Sincerely,
David C. Robinson, Ph.D.. PE
Assistant Branch Manager
Planning & Environmental Branch
DCR/Ir
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorncy, NCDWQ
Mr. Mark Davis, NCWRC
Mr. Tom Shearin, P.E., Roadway Design
Mr. W.H. Webb, 111, P.E.. Program Development
Mr. R. L. Hill, P.E., Design Services
Mr. A. L. Hankins, P.E., Hydraulics
Mr. William J. Rogers, P.E., Structure Design
Mr. W. D. Smart, P.E., Division 13 Engineer
Ub4?,? EU: Oh,_'!' IZI'A('TEOi?I EJ: L w) I I
PEI.MIT REQU[;:?"['i;i R(>?'ILI?: FI[l'CEONWECI, I'E'.RMIT rt) 11
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET).
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: N. C. Department of Transportation Planning and
Environmental Branch
2. MAILING ADDRESS: P. 0. Box 25201
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME): (WORK): 733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
David C. Robinson, Ph.D., P.E., Assistant Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Buncombe NEAREST TOWN OR CITY: Asheville
1
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
US 25A from SR 3081 to SR 3079
6. IMPACTED OR NEAREST STREAM/RIVER: Sweeten Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS .(HQW), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AE(:)?YES[ ] NO[X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT LS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): 199604110
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N\A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.05 acres
2
I0a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJEC'T' BY:
FILLING: 0.05 EXCAVATION: 0.0
FLOODING: 0.0 OTHER: 0.0
DRAINAGE: 0.0 TOTAL ACRES TO BE IMPACTED: 0.0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: N\A FT AFTER: N\A FT
WIDTH BEFORE (based on normal high water contours): N\A FT
WIDTH AFTER: N\A FT
AVERAGE DEPTH BEFORE: N\A FT AFTER: N\A FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: extend culvert on Sweeten Creek
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N\A
WHAT IS THE EXPECTED POND SURFACE AREA? N\A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Widen existing facility to a five-lane curb and
gutter facility and exend culvert on Sweeten Creek
Road construction equipment
13. PURPOSE OF PROPOSED WORK: Improve saefty and traffic flow on
US 25A
3
l4. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
The widening is on existina location and is a linear protect.
Therefore, crossing Sweeten Creek is unavoidable
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
OF PUBLIC (STATE) LAND?
YES [X] NO [ ] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH
CAROLINA ENVIRONMENTAL POLICY ACT?
YES [X] NO [ I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEM,; SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE ?)F EXCAVATED OR FELL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, ;_'1,
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS
50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? URBAN
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N\A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
kA i
OWNER'S/AGENT'S SIGNATURE

DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
r?" "
c?

- "BILTMORE ::'?,
b1
q

? b
OC1 .10 J /
f J
1` A
/ '` 19u 7 ? 1
pr , ,
>} you ? s:`,?
.-i : i.•...c 1111
?:? ;2-? ]112
I _
H?
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
WIDEN EXISTING ROAD TO MULTILANE FACILITY
ASHEVILLE, US 23 A (SWEETEN CREEK ROAD)
FROM SR 3081 (ROCK HILL ROAD)
70 SR 3079 (ROBERTS ROAD)
BUNCOMBE COUNTY
T. I. P. NO. U - 2801 8
SHEET 1o-Ey
z
n h

N A 0 - 1

- - - -r w

- - !-?

I - - - - ?-
i
? -

-

- - - t

i
rr x

L 4
ff

T f. r)
0 v)

9
q 5 ;t ::r 4
,-r
? I I i I I - I I ? q Q ?. cam.,' ,?+ E-•
f; z '1
4? G q n F"
Q x C: LQ
ell.
i-j
1
Rw,
- - - {?-^
Ln -
I- f r
! i 00
0 ?
Z
O m
I
S
Q U) C
Q s O
O Z `n
a = D N
U) (D O U
ch
LL
w
Of LL O O
oZ
O
o
BO

H
W m
O

-j
M a
O W
Z W U
z cn

m ? ? L °0 0 0

Q) 0)

.c (u

z u. c

co

U)
0
J

o w
Q1
C
O

co
M J
N
C
C
L
U)

c
o m
E

? L
? U
U
d
v _
N C
? ? ?
W L
c N r?i ?

Z
Q
=
V o
Y ? (n

00

co

UD

a ?? v
o 0 0
E U)
r•
N C ?
C 'C O ?
N N L L
?
U g

N
? U) o m
Q U > a? t

? a w c

(n
o N
= -a

J E N L
W
c
N
? c m
LL,
N ao v
@ N U
X U

cri ri

C c-
J r
J
O
J c3 F-
ro O ? M ?

(U Q

N

? Z = U °

W
w
U C
D
O U
H
05/19/1998 07:52 4
MEMORANDUM
TO: John Dorney
Nun-Discharge Branch
SUBJBCT:
FACIIIty. N Nfi
P?ql?` um
aa,RE?P
APO'
Bou
.r.?:

14
6-7944 1 C
is Mitigation required?
Did you request more into?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant?
Recommendatlon:
Comments:
PAGE 01
Regional Contact: )
WO Supervisor: ??
Date: -?
WETLAND STAFF REPORT AND RECOMMENDATIONS
OY
O Y
OY
OY
O Is
I
ON
ON
ON
0N
sue 0 Issue/Cond U Deny
cc: Regional Office
Central Office
Wetlands Tracking'
,J r
1...£:
Facility Name
NC DOT U5 25A widening County Buncombe
Project Number 98 0321 County2
0Inactive Region Asheville
Project Type pt.Irposc, of road widening DCM Office
Location from SR 3081 to SR 3079 ? COE Office Asheville
Latitude Longitude
MEMOAANDOM
TO:
SUBJECT:
Facility
W ?
Prajoot.
Aeovdoin
Pro ct
Cerlificates
.,Par;N:
TypA *e
,
County Ilunconitio
Gounty2
Roglon Asheville
061.
ro
????tt fad.. Acres Feet
R q.
is Mltlgation required? O Y ® N
Did you request more Info? Q Y Q N
Is Wetland Rating Shoot Attached? O Y ON
Have ProJeet Changes/Conditions Been Discussed With Applicant? O Y ON
Recommendation: O Issue O Issue/fond O Deny
Comments:
A
cc: Regional Off Ice
Central Office
John Dorney Regional Contact: lL
Non-Discharge Branch wo Supervisor: 4
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Z0 39Vd b 9b:80 B661/LZ/90
7