19990215 Ver 1_Complete File_19990308

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
4 a
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 16, 1999
Ashe County
WQC 401 Project # 990215
APPROVAL of 401 Water Quality Certification
Mr. Bill Gilmore
NC DOT
PO Box 25201
Raleigh NC 27611-5201
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions, to place fill material in 0.02 acres of wetlands or
waters for the purpose of paving SR 1133, as you described in your application dated March 8, 1999. 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. Also 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. If you change your
project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
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.
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 John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Central Files
Sincere , Dj? 1_J
4tae,cns
990215.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
February 28, 1998
U.S. Army Corps of Engineers
Regulatory Field Office
6508 Falls of the Neuse Road,
Suite 120
Raleigh, North Carolina 27615
ATTN: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Ashe County, Widening of SR 1133 (Ray Taylor Road) from SR
1248 (Beaver Creek Road) to SR 1134 (Buck Mountain Road).
TIP No. R-3836, State Project No. 6.804832.
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to
widen SR 1133 (Ray Taylor Road) from SR 1248 (Beaver Creek Road) to SR
1134 (Buck Mountain Road). The project also involves realigning an existing
intersection at SR 1133/ 1134. The purpose of the project is to widen SR 1133
to 24' of pavement with improved shoulders for a length of 0.9 miles.
The project will impact one jurisdictional wetland. The proposed
widening will impact a total of 0.02 acres of wetlands. Additionally, the project
will impact an intermittent stream, unnamed tributary to Beaver Creek, which
flows into the New River. Impacts to the stream will likely occur from the pipe
being extended 13 linear feet in order to accommodate road widening. No
High Quality Waters or Outstanding Resource Waters occur in the project
area.
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14
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. OWNER's NAME: NC Dept. of Transportation; Planning & Environmental
2. MAILING ADDRESS: Post Office Box 25201
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 25201
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT
FROM MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK)
919-733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
William D. Gilmore , P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Ashe NEAREST TOWN OR CITY: West Jefferson
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.02 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.02
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:
WIDTH BEFORE (based on normal high water contours):
N/A FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: N/A FT AFTER: 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:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY):
13. PURPOSE OF PROPOSED WORK: Purpose of project is to widen SR 1133
TO 24' of pavement with improved shoulders for a length of 0.9 miles.
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
FT
Project must fill a small portion of a wetland in order to
accommodate the widening of SR 1133. A spring box is being put in to
ensure the integrity of the rest of the wetland.
26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 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? Rural
•f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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.
OWNER'S/AGENT'S SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
MINIMUM CRITERIA DETERMINATION CHECKLIST
The following questions provide direction in determining ?•
whether a proposed project has only a minimum potential for
environmental effects. Answer the following questions by
chect:'_._ ___her yes or no. Refer to the attached guidance
for assistance.
TIP Project No. 313310
State Project No. _L 92o'f03?
Project Location: Skll33 - C3 i?1FR cAea. PVS4r Co?Nr?
Project Description: QM? T??ue.op- ReAn SP- I133? Flow.
_ gE^.?IG2 CfJ:?.? RpCr4 I S P_ I-????) T? r , ? ?•?_ ,rl on?rr,.+„l Rc?=? ? s r2 l (?.:
Anticipated Permits or Consultation Requirements:
Special Project Information:
P.:?,ttT : MINIMUM CRITERIA.
YE S NO
1. Is the proposed project listed as a type
which would quality as a Non-Major Action
under the Minimum Criteria? Y l J
PART B: MINIMUM CRITERIA EXCEPTIONS
2. Is the proposed action likely to precipitate
significant, foreseeable alterations in
land use, planned growth, or development
patterns?
3. Does the proposed action divide or disrupt ?
an established community?
4. Does the proposed action bypass an existing
community? l/*
Cultural Resources
18. Will the project have an "effect" on a
property or site listed on the National
Register of Historic Places? v
19. Will the proposed action require acquisition
of additional right of way from publicly
owned parkland or recreational areas?
Reviewed by: C
Date : i k -
If any of questions 2 through 12 are answered "yes", the
proposed project does not qualify as a Non-Major Action. A
state environmental impact statement (EIS) or environmental
assessment (EA) will be required. For assistance, contact:
L. J. Ward, P.E.
Manager, Planning and Environmental Branch
P.C. Box 25201.
Raleigh, NC 27611
[phone]
Fax: [phone]
Questions in Part C are designed to assist the Engineer in
determining whether a permit or consultation with a state or
federal resource agency may be required. if any Q?:?s:ic^
Part C is answered "yes", refer to the Environmental Guidance
"I,_s ciucuiacnc and contact the appropriate
individual for assistance.
I-- -
DEFINITIONS
Definitions for areal descriptions used in this report are as follows: Project
Study Area denotes the area bounded by proposed ROW limits; Project
Vicinity describes an area extending 0.8km (0.5 mi.) on all sides of the project
study area; and Project Region is equivalent to an area represented by a 7.5
USGS quadrangle map.
WATER RESOURCES
Jurisdictional surface waters are located within the project study area,
which lies within the New (Kanawha) River Basin. An Unnamed tributary to
Beaver Creek runs parallel to SR 1133 starting at the middle of the project
towards the southern end. This tributary to Beaver Creek was approximately 0.9
m (3.0 ft) wide and has an average depth of 0.08 m (3.0 in.) at this location. The
waters of the tributary were very clear at the time of the survey, yielding a
visibility the entire depth of the stream.
Streams have been assigned a best usage classification by the DWQ. The
classification of the Unnamed tributary is the same as Beaver Creek (Index No.
10-1-25) which is WS-IV Tr. Class WS-IV are waters protected as water supplies
which are generally in moderately to highly developed watersheds; point source
discharges of treated wastewater are permitted pursuant to Rules .0104 and
.0211 of this Subchapter; local programs to control non-point source and storm
water discharge of pollution are required; suitable for all Class C uses. The Class
C uses include aquatic life propagation and survival, fishing, wildlife, secondary
recreation and agriculture. The supplemental classification Tr stands for trout
waters suitable for natural trout propagation and maintenance of stocked trout.
Point source dischargers located throughout North Carolina are permitted
through the National Pollutant Discharge Elimination Service (NPDES) program.
Any discharger is required to register for a permit. There are no point source
dischargers affecting the project study area. Neither High Quality (HQW),
Water Supplies (WS-I or WS-II) Nor Outstanding Resource Waters (ORW)
occur within 1.6km (1.0mi.) of the project study area.
Criteria to determine the presence of jurisdictional wetlands include
evidence of hydric soils, hydrophytic vegetation and hydrology. Jurisdictional
wetlands are located within the project study area. There is one jurisdictional
wetland on the project study area; they lie adjacent to unnamed tributary to
Beaver Creek. The project will impact a total of (0.02ac) of wetland at this site.
Also, The Unnamed tributary to Beaver Creek is jurisdictional surface water
located in the project study area. There will be a 13-foot extension of an existing
48" CMP, which will result in impacts to jurisdictional surface waters. There will
be 13 feet of linear impacts to surface waters as a result of piping.
Permits
Since impacts to Waters of the United States are anticipated, a permit will
be required from the COE in accordance with provisions of section 404 of the
Clean Water Act (33 U.S.C. 1344).
A Section 404 Wilmington District Nationwide Permit No. 14 is likely to be
applicable for all impacts to Waters of the United States, including wetlands and
surface waters from the proposed project. This permit authorizes fills for roads
crossing waters of the United States (including wetlands and other special;
aquatic sites) provided the activity meets all the following criteria. The width of
the fill is limited to the minimum necessary for the actual crossing; the fill placed
in waters of the United States is limited to a filled area of no more than 1/3 acre.
Furthermore, no more than a total of 200 linear feet of the fill for the roadway can
occur in. special aquatic sites, including wetlands. The crossing is culverted,
bridged or otherwise designed to prevent the restriction of, and to withstand,
expected high flows and tidal flows, and to prevent the restriction of low flows
and the movement of aquatic organisms. The crossing, including all attendant
features, both temporary and permanent, must be a part of a single and complete
project for crossing of a water of the United States. For fills in special aquatic
sites, including wetlands, the permittee must notify the District Engineer in
accordance with the Notification general condition. The notification must also
include a delineation of affected special aquatic sites, including wetlands.
A North Carolina Division of Water Quality (DWQ) Section 401 Water
Quality General Certification and concurrence from WRC is also required, due to
the fact the project lies in a trout county.
Federally-Protected Species
Plants and animals with federal classifications of Endangered,
Threatened, Proposed Endangered, Proposed Threatened are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act. As of
January 15, 1999, Six species are listed for Ashe County (U.S. Fish and Wildlife
Service 1998). A summary of the species' natural history and distribution follows
(Table 1).
Gymnoderma iineare (Rock gnome lichen) Endangered
Plant Family:
Federally Listed: December 28, 1994
The rock gnome lichen is a squamulose lichen in the reindeer moss family.
The lichen can be identified by its fruiting bodies, which are born singly or in
clusters, black in color, and are found at the tips of the squamules. The fruiting
season of the rock gnome lichen occurs from July through September.
The rock gnome lichen is a narrow endemic, restricted to areas of high
humidity. These high humidity environments occur on high elevation (:1220.0 m/
4000.0 ft) mountaintops and cliff faces which are frequently bathed in fog or lower
elevation (< 762.0 m/ 2500.0 ft) deep gorges in the Southern Appalachians. The
rock gnome lichen primarily occurs on vertical rock faces where seepage water
from forest soils above flows at (and only at) very wet times. The rock gnome
lichen is almost always found growing with the moss Andreaea in these vertical
intermittent seeps. The major threat of extinction to the rock gnome lichen relates
directly to habitat alteration/loss of high elevation coniferous forests. These
coniferous forests usually lie adjacent to the habitat occupied by the rock gnome
lichen. The high elevation habitat occurs in the counties of Ashe, Avery,
Buncombe, Graham, Haywood, Jackson, Mitchell, Rutherford, Swain,
Transylvania, and Yancey. The lower elevation habitat of the rock gnome lichen
can be found in the counties of Jackson, Rutherford and Transylvania.
BIOLOGICAL CONCLUSION
NO EFFECT
The project is located at an elevation of 939 m (3080 ft) above mean sea
level. This is well below the required elevational limits of rock gnome lichen. The
NCNHP database of rare species was checked and no records for this species
were found in the project study area. The construction of the proposed project
will not affect rock gnome lichen.
Hedyotis purpurea var. montana (Roan Mountain bluet or mountain purple)
Endangered
Plant Family: Rubiaceae
Federally Listed: April 5, 1990
Flowers Present: June - July (best time is mid June)
Roan Mountain bluet is a perennial species with roots and grows in low
tufts. Roan Mountain bluet has several bright purple flowers arranged in a
terminal cyme that are visible from June to July although best viewing is mid June.
This plant can be found on cliffs, outcrops, steep slopes, and in the gravelly talus
associated with cliffs. Known populations of Roan Mountain bluet occur at
elevations of 1400.0-1900.0 m (4600.0-6200.0 ft). It grows best in areas where it
is exposed to full sunlight and in shallow acidic soils composed of various igneous,
metamorphic, and metasedimentary rocks.
BIOLOGICAL CONLUSION NO EFFECT
There are no high elevation cliffs, outcrops or steep slopes in the project
study area. The NCNHP database of rare species was checked and no records for
this species were found in the project study area. The construction of the proposed
project will not affect Roan Mountain bluet.
Organisms which are listed as Endangered (E), Threatened (T),
Significantly Rare (SR), or Special Concern (SC) by the North Carolina Natural
Heritage Program (NCNHP) list of rare and animal species are afforded state
protection under the State Endangered Species Act and the North Caroiina Plant
Protection and Conservation Act of 1979; however the level of protection given to
state listed species does not apply to NCDOT activities. Seventeen FSC are
listed for Ashe County. Table 3 lists Federal Candidate Species, the species in
the study area. This species list is provided for informational purposes as the
status of these species may be upgraded in the future.
i aoie o. reaerai apecies or co ncern Tor Hsne Lounty
Scientific Name Common Name State Status Habitat
Phenacobius teretulus Kanawha minnow Sc No
Thryomanes bewickii altus Appalachian Bewick's wren E Yes
Sylvilagus obscures Appalachian cottontail SR No
Lasmigona subviridus Green floater E No
Ophiogomphus howei Pygmy snaketail SR Yes
Speyeria diana Diana fritillary butterfly SR No
Speyeria idala Regal fritillary butterfly SR Yes
Stenelmis gammoni Gammon's stenelmis riffle beetle SR No
Carex manhartii Manhart's sedge C No
Euphorbia purpurea Glade spurge C No
Gymncarpium appalachianum Appalachian oak fern C/PE No
Juglans cinerea Butternut W5 No
Lilium grayi Gray's lily T-SC Yes
Poa paludigena Bog bluegrass E No
Saxifraga caroliniana Carolina saxifrage C No
Delphinium exaltatum Tall larkspur E-SC No
Cladonia psoromica Bluff Mountain reindeer lichen C No
1) Threatened (T) are native or once native plant or animal wh ich is likelv to
become an endangered species within the foreseeable future throughout all
or a significant portion of it's range.
2) Endangered (E) are species that are native or once native species of flora or
fauna whose continued existence as a viable component of the State's flora
or fauna is determined to be in jeopardy.
3) Significantly Rare (SR) are species that are very rare in North Carolina,
generally with 1-20 populations in the state.
4) Special Concern (SC) species are any species of wild plant or animal native
or once native to North Carolina which is determined to require monitoring but
which may be taken under regulations.
5) Candidate (C) species are very rare in North Carolina, with 1-20 populations
in the state, generally substantially reduced in numbers by habitat destruction.