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HomeMy WebLinkAbout19990432 Ver 1_Complete File_19990430 ".`7-8tate of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director APPROVAL of 401 Water Quality Certification Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC, 27611-5201 Dear Mr. Gilmore: A ffl?wu NCDENR November 19, 1999 Buncombe County DWQ Project No. 990432 TIP R-2116A You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 712 linear feet of streams for the purpose of constructing NC 151 from SR 1110 (Warren Creek Road at South Hominy) to SR 1117 (Fowler Mountain Road). The project should be constructed in accordance with your application dated April 30, 1999. After reviewing your application, we have decided the project is covered by General Water Quality Certification Numbers 3103 and 3108. This certification corresponds to the Nationwide Permit Numbers 14 and 26, respectively. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. The permit authorizes impacts provided the following provisions are met. 1) Site 1: fill into 16.4 linear feet of streams with a General Water Quality Certification Number 3103. 2) Site 2: fill into 141 linear feet of streams with a General Water Quality Certification Number 3103. At Site 2, 65.6 linear feet of streams will be relocated. The DWQ agrees that the relocated stream will constitute appropriate on-site mitigation provided that: 1) rip rap is removed from the channel, 2) the channel is constructed to mirror the existing channel's dimension, plan, and profile, and 3) an appropriate reference reach is selected in developing the new channel's dimension, plan, and profile. 3) Site 3: till into 0 linear feet of streams with a General Water Quality Certification Number 3103. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 1 4) Site 4: till into 108.2 linear feet of streams with a General Water Quality Certification Number 3103. Moreover, the double culverts should de designed so that one is installed below the stream grade to carry normal water flow and the other higher to carry flood waters. 5) Site 5: till into 72.0 linear feet of streams with a General Water Quality Certification Number 3103. Moreover, the double culverts should de designed so that one is installed below the stream grade to carry normal water flow and the other higher to carry flood waters. 6) Site 5a: fill into 75.4 linear feet of streams with a General Water Quality Certification Number 3103. 7) Site 6: fill into 299 linear feet of streams with a General Water Quality Certification Number 3108. At Site 6, 226 linear feet of streams will be relocated. The DWQ agrees that the relocated stream will constitute appropriate on-site mitigation provided that: l) rip rap is removed from the channel, 2) the channel is constructed to mirror the existing channel's dimension, plan, and profile, and 3) an appropriate reference reach is selected in developing the new channel's dimension, plan, and profile. 8) DOT should strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024). The project will, therefore, result in a net loss of 486 linear feet of streams. 72 linear feet of streams will require off-site mitigation. We understand that you have chosen to perform mitigation through an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP), and that the WRP has agreed to implement mitigation for the project. In accordance with 15A NCAC 2R.0500, the contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). 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. The payment to NCWRP shall be sent within two months of issuance of the 404 and 401 permits. 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 that 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 Dorney at 919-733-9646. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files Sincerely, rrr Stevens c: \ncdot\R -21 16\wqc\99043 2 wqc. doc r NORTH CAROLINA - DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2H.0500, the North Carolina Department of "Transportation is authorized to impact the surface waters of the State of North Carolina as indicated below for the purpose of constructing improvements to NC 151 from SR 1110 (Warren Creek Road at South Hominy) to SR 117 (Fowler Mountain Road) (T.I.P. No. R-2116A, DWQ No. 990432). 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 REQUIREMENTS FOR WETLAND RESTORATION: LOCATION: Improvements to NC 151 from SR 1110 (Warren Creek Road at South Hominy) to SR 117 (Fowler Mountain Road) COUNTY: Buncombe BASIN/SUBBASIN: French Broad, Cataloging Unit DWQ No.: 990432 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 waters of the state. Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must be rounded to one-quarter increments according to 15A 2R.0503(b). 0.0 acres of Class WL wetlands 0.0 acres of riparian wetlands 0.0 acres of non-riparian wetlands 0 acres of Class SWL wetlands 72 linear feet of stream channel One of the options you have available to satisfy the compensatory mitigation requirements is through payment of a fee to the Wetland Restoration Fund per 15A NCAC 2R.0503. If you choose 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 WETLANDS RESTORATION PROGRAM DIVISION OF WATER QUALITY P.O. BOX 29535 RALEIGH, NC, 27626-0535 (919) 733-5208 Date ON GENERAL CERTIFICATIFOR F with the This General Certification isc issued 92 500 nand 5 217 of the ;r meats of Section 401, public e- L 001and115A NCAC 2B united States and subject to he2H°rSe Section u. Qua1.'_v Regulations in 15A NC and adjacent .0200 for the discharge of theaheaawate?sworeto we-reas that ;,etland areas which are above s stem to interstate ers or are rot a part of the surface tributary Y (i isolated wetlands) as navicat, waters of the United States .e., a .-ibed in 33 CFR 330 Appendix A (3) (26) of the CPSfecationne?rs C_sC_ 9Armit No. 26). This C_ regulations (i.e., Nationwide Number 2671 issued on January 21, Corps of Engineers reauthorizes replaces Water Quality certification 1992• This 'v;QC is rescinded when the the Director of DWQ. Nationw4 de 26 or when deemed appropriate by s eci_ied category t.:.. T sections 301, 302, S`a`e of North Caro ;na certifies that The ,i b e portions of o- ac_-•_tv ..:iii not violate''apLaws °'-500 and 95-2'_i if conducted in '' 1c d 10 of the ccc_=ace with/the condi* o s hereinafter set forth. a a c c Conditions of Certificaltion: of greater than. antial modificat on proposed fill or ?u:.st x!,35 ha) or wetlands or waters for a one-third acre (? - ccncu??ence from the Division oy concur r ProjeCt requires ? vrr_?-_e. ;ater Quality; i-i modification of equal to or wetlands for a Proposed fill or substant (0 ha) of ? less th=n: °=°--t"--4 d acre . 135 _ w_ -ten concurrence from the rojec does no.. reet.? y?lonc_ as the project is in Divisicr. Of, Water; ondi Quay ditaisons of. this General F compliance with al 11 c Certification; ?roposed fill or ;substantial modification, of ny2amount 0.6. wetlands classi_iie .Oi01(e)(7) as Uo in accordance win -e written e Wetlands (UWL) shall requ-- t?iqu f water Quality in accordance C°ny?tirrence from 'the Division o- F, ? _on e` g_eate_ than vii-_h 15A NCAC 2H .0506 (e) ; of 1- r proposed fill orlsubstantial modil_c_T, ices a 150 linear feet 4e'with theSDiesionoofa atereQualigtY• For written concurre c reams the purpose of t is CerYileCmanent streams are t defined as blue or purple 1 nes foe permanent as shown on the ost ;ecesitversioifof the USGS 1:24,00 or topographic map ?r other project ?roposed fill or subsea?nt(47 mom?foiast°eams fors a than equal to 150 line=r f does not require a written concurrenctcesfromcompl he Division of as long as the p Water Quality all conditions ostreamscare°defined aseblue purpose of this Certification, or purple lines for permanent or intermittent streams shown on the most recent version o the USGS 1:24,000 topographic map or oth That apopriate sediment and erosion contromoptareCent pr which equal or exceed these outlined in the edition cf the "North Carolina Sediment and Erosion Control Y Z,- = use ?: ccr_=cr.,: CV W4 General Car =_- "Cslaws GG Z^-G c?_21! 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Q :r X- _ -_-,eC _- Ce -"1 SCs ac Cr ex- -Z C__^.Cse oucl; c:e C: -ros n an Cr - and Desk.. manual- o= . _ CCrC_C1 'l arn_^C __OS_C^ and G__ - u• ma L'_a_l" (available _r: , c e V iS.C' C. =sOu:C_S c_ =XC =C^':CeS an. a 1 and C: '_..c a:= c=- ' -___ 1 S__ .card (:G ?v^Js_== a=-- --\;--= %CC G =nC - ll lakes and .eSc.iC: 1V .''.1S _: G-- SG? _-'iG_=- C ._SSCS and 10 Li7'Us = and Lrvu: wad-3:s) _CC CC?C_1 Measu_-_S i7ldC?C :.Z WcOT anCs C .• Cr wacers Si:}ll ?n _e CVnr ?^? C-C - =rub l ra e S c= e ?r ,n ' i V=sica C: Lai^_C : as :L_ -. C=0?2C_r pr- iV_ Cr L:eSh CCP_C:sra ::am Cominc in_o coa:ac_ w__; wa-=_s C: CC;-,lc:-re has ha: e? A IN rry al? 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 April 30, 1999 PAYMENT RECEIVED U. S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 ATTN.: Mr. Steve Lund NCDOT Coordinator Dear Sir: Subject: Buncombe County, NC 151 from SR 1110 Warren Creek Road At South Hominy to SR 1117 Fowler Mountain Road, State Project No. 6.841027, T.I.P. R-2116A. The North Carolina Department of Transportation (NCDOT) proposes to improve NC 151 from SR 1110, Warren Creek Road, at South Hominy to SR 1117, Fowler Mountain Road. The project will widen the existing pavement to a 32-foot pavement, including two 12-foot lanes and four-foot paved shoulder. Usable shoulders will be eight feet wide including the four foot paved shoulders. The proposed project is 3.926 kilometers (2.440 miles) in length. NEPA DOCUMENT STATUS A Federal Highway Administrative Action, Environmental Assessment was submitted by the USDOT-FHWA and the NCDOT and approved on December 29, 1993. The EA explains the purpose and need for the project; provides a description of the project and the alternatives considered; and characterizes the social, economic, and environmental effects of the project. After the EA was approved and circulated, a combined location and Design Public Hearing was held on June 10, 1993. On December 22, 1994 the FONSI was approved for R-2116. Copies of the EA and FONSI have been provided to Pi regulatory review agencies involved in the approval process. Additional copies will be provided upon request. R-2116A is in compliance with 23 CFR Part 771.111(f) which lists the FHWA characteristics of independent utility of a project: (1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope; (2) The project is usable and a reasonable expenditure even if no additional transportation improvements are made in the area; (3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. JURISDICTIONAL STATUS There are seven jurisdictional sites on R-2116 A known as sites 1, 2, 3, 4, 5, 5a, and 6. Table 1 lists each site, the type of permit applicable, the impact, and the proposed mitigation. There are no wetland sites on this project. The principle stream in the valley is South Hominy Creek. All sites are stream impacts associated with crossings of unnamed tributaries to South Hominy Creek. Jurisdictional Sites 1, 2, 4, and 5 are all road crossings impacting less than 150 feet of jurisdictional stream and, since there are no wetland sites they all qualify for NW 14 status. Site 6, a channel change, qualifies for a NW 26 permit since it is located above headwaters, is less than 500 feet in length, and all work in jurisdictional Waters of the United States will be complete before the Nationwide 26 program expires. Table 1: Jurisdictional Sites, Impacts and Mitigation Site Station Streams (10 Relocation (l f) Permit Type 1 10.86 -L- 16.4 NW 14 2 12+16 to 12+60 -L- (Lt & Rt) 141 65.6 NW 14 3 14+38 to 15+41-LR- Rt 0 NW 14 4 21+48-LR-(Rt) 108.2 NW 14 5 29+67-LR-(Rt & Lt) 72.2 NW 14 5a 38+73-L-(Rt & Lt) 75.4 NW 14 6 47+19 to 48+40-L-(Rt) 298.5 226.3 NW 26 RESOURCE STATUS Stream delineations: A jurisdictional surface water investigation was performed on October 6, 1998 by NCDOT biologist Brice Ellis. Surface waters were investigated in accordance with guidance provided by the USACE and the N.C. Division of Water Quality. NCDOT project plan sheets were used to locate and record surface waters. Six perennial and one intermittent jurisdictional surface waters were identified and characterized as shown in Table 2. Table 2 Jurisdictional Surface Waters. Site Hydrologic Designation Channel Depth' Channel Width' 1 perennial 2.0(6.5) 5.0(16.4) 2 perennial 2.5(8.2) 3.0(10.0) 3 Perennial (South Hominy Creek) Redesigned Relocation 4 Perennial (Curtis Creek) 1.5(5.0) 5.0(16.4) 5 Perennial (Morgan Branch) 2.5 (8.2) 7.5(24.6) 5a intermittent 1.5(5.0) 2.5 (8.2) 6 perennial 1.0(3.3) 3.0(9.8) ' Meters (feet) measured at the top of channel, not depth of water or width of stream. Endangered Species: NCDOT biologists conducted surveys for the eight federally protected species listed in 1994 for Buncombe County: Appalachian elktoe (Alasmidonta raveneliana), eastern cougar (Fells concolor cougar), Carolina northern flying squirrel (Glaucomys sabrinus coloratus), spreading avens (Geum radiatum), rock gnome lichen (Gymnoderma lineare), bunched arrowhead (Sagittaria fasculata), mountain sweet pitcher-plant (Sarracenia rubra var. jonesii), and Virginia spirea (spirea virginiana). In the FONSI it was stated by the USFWS (Service) that the Carolina northern flying squirrel is not known to occur in the project area. On March 11, 1993 the Service stated that they believe that the only federally listed species likely to be within the project area is Virginia spirea. The FONSI documented that the plant by plant survey performed revealed no individual plants. On March 10, 1995 the Service issued a letter concurring with the "no effect" determination for the Virginia spirea and stated that the obligations under Section 7 of the Endangered Species Act of 1973 have been satisfied, but that if additional species are added to the list the subject must be revisited. The August 23, 1996 species list had three additional species for Buncombe County, the spotfin chub (Hybosis monacha), the Peregrine falcon (Falco peregrinus), and the gray bat (Nlyotis grisecens). NCDOT evaluation of these species resulted in a Biological Conclusion of No Effect for all three species. MITIGATION OPTIONS The Corps of Engineers had adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy that embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of the Waters of the United States. Mitigation of wetland and surface water impacts has been defined by the CEQ to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Executive Order 11990 (Protection of Wetlands) and Department of Transportation Order 5660.1 A (Preservation of the Nations Wetlands), emphasize protection of the functions and values provided by wetlands. These directives require that new construction in wetlands be avoided as much as possible, and that all practicable measures be taken to minimize or mitigate impacts to wetlands. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize wetland impacts, and to provide full compensatory mitigation of all remaining wetland impacts. AVOIDANCE: The USACE and the NCWRC requested that we evaluate avoiding the stream relocation at Site 3 which had been a channel change to South Hominy Creek. The NCDOT studied shifting the recommended alignment and was able to redesign the project and completely avoid impacting South Hominy Creek at Site 3. In addition, all wetland areas not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. MINIMIZATION: Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts. Minimization techniques were implemented as follows: Best Management Practices: Strict enforcement of sedimentation and erosion control Best Management Practices (BMP) for the protection of surface waters and wetlands. Ditching: It is the policy of the NCDOT to eliminate lateral ditching in wetlands as much as possible, thus preserving the hydrology of adjacent wetlands. Stream Relocations: 1. Site 2: At this site located from Station 12+16 to 12+60 -L- (Lt. & Rt.), 65 feet of stream will be relocated and the new channel will also be 65 feet in length. We are investigating the option of removing the riprap from the stream relocation or at least removing it from the stream bottom. If this is possible then the new channel will be provided with a substrate similar to the existing stream. The stream banks will be enhanced by planting streamside vegetation to provide shade. 2. Site 4: located at Station 21+48-LR-(Rt) is a double barrel culvert. We are investigating the option of changing the design of the two-barrel culvert by installing a sill on one of the barrels that would create a low-flow channel scenario. The goal would be to create a stream channel in the culvert that is the same size as the existing stream. 3. Site 5: located at Station 29+67-LR-(Rt & Lt) is a double barrel culvert. We are investigating the option of changing the design of the two-barrel culvert by installing a r sill on one of the barrels that would create a low-flow channel scenario. The goal would be to create a stream channel in the culvert that is the same size as the existing stream. In addition, the design of the outfall originally is armored with riprap. We are investigating the possibility of reducing amount of riprap. 4. At Site 6 located from 47+19 to 48+40-L-(Rt) (Sheet 4 of 11), approximately 226 feet of stream channel will be relocated. The existing stream channel is located in the narrow strip of land between NC 151 and Lower Glady Fork Road. This reach of stream was almost certainly relocated when NC 151 was originally constructed. The existing channel is a perennial stream 9.8 feet wide and with a channel depth of 3.3 feet. There is one eight meters wide driveway that will be eliminated and the stream channel will be restored at that location. In addition, the existing junction of Lower Glady Fork Road and NC 151 will be obliterated. The stream now flows under the road in a pipe 17 meters long. This pipe will be eliminated and the stream channel will be restored to an open channel that will mimic the existing channel to the greatest extent possible. Thus a total of approximately 82 feet of the existing stream in pipes under roads will be restored to an open channel. The relocated channel will be similar to the original channel in width, depth, gradient, and substrate. The original design called for the entire channel to be a riprapped ditch. This design has been revised to minimize the impacts of the project on the existing stream. Riprap has been removed entirely from most of the channel. All riprap has been removed from the bottom of the relocated channel. The remaining riprap is located in places need to be armored to prevent erosion of the stream banks and to protect the road fill. The stream bottom will be lined with a surface similar to the existing stream. The stream banks will be planted with species that will provide shade and other characteristics of self-sustaining riparian areas. In addition, approximately 144 feet of stream channel located between the main line and the old Lower Glady Fork Road will be relocated into a new channel. The new channel will also be approximately 144 feet long with a substrate similar to the existing stream. The stream banks will be enhanced by planting streamside vegetation to provide shade. Riprap has been removed entirely from most of the channel. All riprap has been removed from the bottom of the relocated channel. The remaining riprap is located in places need to be armored to prevent erosion of the stream banks and to protect the road fill. COMPENSATION: The NCDWQ regulations require a 1:1 mitigation for impacts to streams when impacts are greater than 150 feet. Site 6 is the only site that exceeds 150 feet. At that site we are providing on-site restoration to 226.3 feet of stream as described above. The remaining 72 feet of impacts will be mitigated by use of the NCWRP. We commit to providing payment to the WRP at $125 per linear foot for a total of $9000.0. REGULATORY APPROVALS Application is hereby made for Department of the Army 404 permits as required for the above-described activities. We also hereby request a Section 401 Water Quality Certifications from the Division of Water Quality. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. In addition, in compliance with Section 143-215.3D(e) of the NCAA we have enclosed a check to the DWQ for $475.00 to act as payment for processing the Section 401 permit application. This package of information consists of this cover letter, a PCN, and project drawings. This project will take place in a mountain trout county. Thus we anticipate that comments from the North Carolina Wildlife Resources Commission (NCWRC) will be required. By copy of this letter and attachment, NCDOT hereby requests NCWRC review. If you have any questions or need additional information please call Ms. Alice N. Gordon at (919) 733-7844 Ext. 307. Sincerely, Y ' L - C4? zmu William D. Gilmore, P.E., Manager Project Development & Environmental Analysis Branch cc: w/attachment Mr. David Franklin, Corps of Engineers, Wilmington Field Office Mr. John Hefner, USFWS, Raleigh Mr. N. L. Graf, P.E., FHWA Mr. John Dorney, NCDENR, Division of Water Quality Mr. Mark Davis, NCWRC Mr. Whitmel Webb, P.E. Program Development Branch Mr. Len Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. W. D. Smart, P.E., Division 13 Engineer DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):14, 26 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. Dept. of Transportation; Planning & Environmental 2. MAILING ADDRESS: Post Office 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): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: William D. Gilmore, P.E., Branch Manaqer 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: South Hominy 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): NC 151 from SR 1110 Warren Creek Road At South Hominy to SR 1117 Fowler Mountain Road 6. IMPACTED OR NEAREST STREAM/RIVER: South Hominy Creek and Tribs. 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 [x] NO [ ] IF YES, EXPLAIN: South Hominy Creek is a trout water. Impacts will not be in that Creek. 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[x] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 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: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: No wetland impacts. 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): See attached Cover Letter for detailed explanation at each site LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: 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: Highway fill in stream 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): widen the existing, pavement to a 32-foot pavement, including two 12-foot lanes and four-foot paved shoulder. Usable shoulders will be eight feet wide including the four foot paved shoulders. The roposed project is 3.926 kilometers (2.440 miles) in length. 13. PURPOSE OF PROPOSED WORK: Public Transportation 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): 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 [ ] 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. See attached Cover Letter 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 (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 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? 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/AGEN 'S SIGNATURE Jrd O DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 32 121 reen a' y J' I wl Ne•d•,en NAT. /e loa •fl1ynie I1 ?i.:J• \e. 1 moycmonlR???"t eOCR?( Y i6•. ? _ ?I C1cen C1ecy J LI/ Wesla Mill loll, i11 1 , t ORE ?O, jb Cullasl r Q a 211 1MATE AREA SHOWN- BELOW Fanv,ew V- Thermal Gty v C? dls I UniQ4 µ,ll d Geil & 5 '?? ? - I ) .0 / oale, et,11 hChimne{?ocl R U T H :E Raa?yF OrR ?J' A, l.we cr G?IRtYm elen<r Frw tland G' > ee•%G e? rr II lo[' ..lain t cm lure 1i?1 ?4' f ?? : Wash come .'.Ednerntle 9 + I Ruth ' O N/ s ,Auleert_;dl0 }, o I Ce• S F m , p SSOrnda(f e.. t East Flamm L,th dv+ \e i? . i. R© r MJI Sprint Alexander loa 1( f?:C- E3 l s s /may1? 7e Salu a Columbus Imo''` y 2 r_?tti..Tu. s 1 _. _01c l,r 9 _??. L.• Harris ?`'_ Scale of miles 0 S 10 -'20 30 /•;. 0 10 20 30 40. 48 Sale of Kilometers \\ So.nhul?"' a\)1ta?1. d?? +V' •+?J .?c 0.Q,S _.?r+'sr ??L LYJ /?\. /. Ibm.rYW D.ward'•..•A N';1 d' j DUCXU MM B E G I N P R O J E C T * °"? MM`t ?,' Low.i. ' he ;`? ;ly `?vy;• a u i:+'y l I ? f Si POoYHoTAN N ry ??,T?. !j + f?J `4 O...n.oe.dr a1G . , - ?? `tea 11 . I: L.A NAT :ON AL ° e awo. OCK 1 11¢1 J's ?? ?`ti?.l!ky;Y'Y:e ?.s. "'y, y/ sw ?di•Y s M 14u of iy t0 ,,,r Mo I«t eR"IN M ,1191 >r 11ye..r r ?Ti cf' rwcsY+ ?:n <p \\\ ^•^hy ?'1 / L o S Fwk yy19 ,AIOa llu UE .Y ?-600 amco • KBE-. - ... . _ 1 0 1 2 ] l Mus ' NORTH CAROLINA DEPARTMENT OF TRANSPORTATION I I K.n DIVISION OF HIGHWAYS OUNCOMOE COUNTY 6.041027 R-2116 A PROPOSED GRADING, PAVING, DRAINAGE, CULVERTS AND STRUCTURES ON N.C. 151 FROM JUST SOUTH uQ •t OF SR 1110, WARREN CREEK ROAD TO JUST SOUTH OF U..a. 19-27-74. .? ' M-A-P SCALE AS SHOWN SHEET I OF J NOVEMBER 1995 /a sHr'"`? ar 00 v 25 0 1 V o 1 ti? mot- m r ?,rJ '\ I ` ?a uJ o,? ?-?•:' ? •1 I?Q ; F- w of > 8 0 ? ry0 \5 I 04 -YI r- O d Do cD I \O V uJ UJ I --3 J o CL c,4 .7 N Q rn v~i + z to wOP D.] Ll z S W J Q O U o o Q ? II co J I !, I N rn ? • Cn O y r7 ? ' fn T) a n N 1 1 N \ Y ul r f: ..h( W f O? ' NORTH CAROLINA DEPARTMENT OF TRANSPORTATION _ DIVISION OF HIGHWAYS BUNCOMBE COUNTY 6.041027 R-2116 A PROPOSCO GRADING, PAVING, DRAINAGE. CU LVERTS , AND STRUCTURES ON N.C. 151 FROM JUST S OUTH OF SR 1110, WARREN CREEK R OAD TO JUST SOUTH OF U.S. 19-20-74. SCALE AS SHOWN • SHEET Z OF -NOVEMBER 1995 I QD • IIt YY _ I ^ D? W CV G F- \? o p + \ a C? °d ..? W ,.- Sb s ? J Q O . ?rW I ? U ? M n \ O (? O O LL.1 00 V) ?r 1 { ? C1 0 z O n 4 a \:: J Oti ? • x W I O 1 i K S? II m LLi LEI !`I I? I J . ?1 +\\ 1\ / 00 ? ao I, r " ri rn -94 Oi -I- + to Lo r) M F. • F- O ICI ? p a ? I NJ) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION W? J DIVISION OF HIGHWAYS f'- • 1 \I tr I t j0 OUNCOMOE COUNTY 6.041027 R-2116 A ?t zN PROPOSED GRADING. PAVING. DRAINAGE, CULVERTS I 1 AND STRUCTURES ON N.L. 151 FROM JUST SOUTH ` m'- OF SR 1110, WARREN CREEK ROAD TO JUST SOUTH • OF U.S. 19-23-74. ' AI •Z?kO0 SCALE AS SHOWN N1Ia"??'Y? ?1N? SCI SHEET _:? OFJ_ NOVEMOER 1995 I t9 J ° 1 J w X, ? .•t'tn v S O• 1 ' q?, I ?N a _J' > a E. o ?1 ?•O `Y I om¢ I I ? Nm u ?V1`` O I? UI I \_ ? ICI IIII ? \ g? ? ? _ r II I;I ? , , o 0 I Ilp III < ii • o: ? III° II ? 1?1 I ? <\N N - m ?? ? ? II WJ s ?>? wJ ' I I6I I N2 \ Ij a.ao• a¢ ??? J f to I I ? ?. o'l + UI v? y g *? vsww o ,r I I I li I _ + ' I . N Faii3 I Os. I Oa \ I I I i ? oy \\ ¢ 8 I ? N ><JNN I I? I O 8 1 < O I ='r ??:,WW ? III ? ?, $e= I ?I • III i. ?? t?. r l l \ o J I /Q• 0. Z.99 Ill/ 't I II S b i II > •• ? I '° _S W ?'oa I I I I . loot mo °g? N > I v ?LI? i ? u' ?? ? r /•8 1 4 0 ? -? pp I I d s o = ? tt I 00^ I ?? co ' *^_ I? I Q+ 0 5 I ?t ?1' • _ III :• . • ? _ 1 o Z • O • OJT • y •• NORTH CAROLINA DEPARTMENT OF TRANSPORTATION OIVIS ION OF HIGHWAYS BUNCOMBE COUNTY 6.041027 R-2116 A PROPOSED GRAOIMG, PAVING, DRAINAGE. CULVERTS A.4 0 STRU CTURCS ON N' C. 151 FROM JUST SOUTH Of SR 1110, WARREN CREEK ROAD TO JUST SOUTH Of U.S. 19-2J-74. SCALE AS SHOWN S H E C T Qf NOVC.MGER :995 V -z Z -Ei O Q to " O n ' U) O O Z) - N O O a CO 5 U U Z w O w d O CL 0! T O m 7 'C7 V C _ N O U C N "C7 c co co m C) C) IX I C) w w 0 2!, rn O 0) co CV O a E O ' tn N m co C m co co C; + r- Q O = + LO It E a C6 ) + ? M { N + co + I f0 ? w C cn Z F N ('7 H lf) ko 1 01 E Lo M N N ? Cf) LO (( N C U w t^ ? ? E 0 Q z m N ) ? Q E Lo (Y) M N N t? t 0) N 3 U w LL W ? Z p p _ ? O O ? O O O O O ? V O J O O V O O ? rn = Z W b ? co v 2 v m !° ? r (n / om? Q c 2 ? o c Z N 3 a ? b E ? H c c w U U fn p J r N p O U N N ? (O CO t0 t r N h C ? N r w v MEMORANDUM TO: John Dorney Regional Contact: Michael R. Parker Non-Discharge Branch WO Supervisor: Forrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NC DOT NC 151 Project Number 99 0432 Recvd From DOT Received Date 4/30/99 Recvd By Region Project Type widen pavement County Buncombe County2 Region Asheville Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 14 F- O YO N ? 6-76-5 ? TRORW 0.0 I - nbr ?- O Y O N ? r -?r-F-?r?- I -?- O Y O _NF I -F_Ir-rI -F_I - F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? S Y ON Provided by Region: Latitude (ddmmss) 353029 Comments: Site #1 This is a small stream but it is a stream. Nothing is mentioned in the miti ton on report on what impact there will be at this site. The design plan indicates relocating and piping the stream more than it is already pjped. DOT needs to comment. L'Site #2 65 feet of channel to be relocated. All rip rap should be removed from the channel- A new ,channel should be constructed to mirror the existing channel in dimension?plan, ..profile. A reference reach of this stream or one similar should he used to determine the new channel. Site #4 Curtis Creek-C-trout waters- It is recommended that the double culverts be designed for Q[]p, QUIvet be onstalled below the stream Oracle to carl)l the normal water flow and the ot er culvert he installed at an elevation higher than the other (bottom of culvert at bankfull) culvert to carry the flood waters. Recommendation: 0 Issue 0 Issue/Cond 0 Deny Longitude (ddmmss) 824339 f1a-11r n_.___ - __L -- dl- A 11-- _L _....._:.._ -...._-1. cc: Regional Office Central Office Page Number 1 Facility Name NC DOT NC 151 County Buncombe Project Number 99 0432 Regional Contact: Michael R. Parker Date: 6/7/99 Comments (continued from page 1): :Site #ti Morgan Branch-Class-C-trout-Same comments listed in No. 4. Instead of using rip rap n_ the outlet of the culverts rock veins weirs or diversions should be used. There was no water in the channel during the investigation on June 4, 1999. There is a sprino a proximately 100 feet below the existing road. It is recommended that DOT protect this spring cc: Regional Office Page Number 2 Central Office Facility Name NC DOT NC 151 County Buncombe Project Number 99 0432 Regional Contact: Michael R. Parker Date: 6/7/99 Comments (continued from page 1): Site #5 Morgan Branch-Class-C-trout-Same comments listen in No. 4. Instead of using rig ra og_ n _ the outlet of the culverts rock veins, weirs or diversions should be used, Site #5a There was no water in the channel during the investigation on June 4, 1999. There is a snrina awroximately 100 feet below the existing road. It is recommended that DOT protect this snrina Site # R Recommend that DOT follow the same dimension, pattern and profile in relocating this stream Again, a reference reach should be used to establish patten of new channel. There is a head cut a the culvert to be removed that will should be corrected in the relocat ion of the new channel As little rip rap should be used as possible- Other methods such as root wads, rock veins or weirs should be used as armoring devices. Native vegetation should be used to revegetatae the stream banks. DOT should provide a list of pi - - materials- gent erosion control measures should be imed herause these streams are classified trout waters or are tributary to trout waters No live concrete should he allowed to enters any surface waters. Provisions should he made to move fish in the relocated channels. Recommend that biological monitoring be included in the certification, cc: Regional Office Central Office Page Number 2 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NC DOT NC 151 Project Number 99 0432 Recvd From DOT Received Date 4/30/99 Recvd By Region Project Type widen pavement Certificates Stream Permit Wetland Wetland Wetland Stream Class Type Type Impact Score Index Prim. Supp County Buncombe County2 Region Asheville ?v Acres Feet Basin Req. Req. 14 ?- O Y O N F- 6-76-5 FC TRORW 0.0 ? ?- F nbr r-- O Y ®N F-F-F-r--F-r Mitigation Wetland MitigationType Type Acres Feet I F__ II Is Wetland Rating Sheet Attached? 0 Y .O N Did you request more info? DQ Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? Q Y ON Provided by Region: Latitude (ddmmss) 353029 Recommendation: 0 Issue 6 Issue/Cond 0 Deny Longitude (ddmmss) 824339 Comments: Site #1 This is a small stream hut it is a stream Nothing is mentioned in the mitigation report on what impact there will be at this site The de;ajgn plan indicates relocating and piping the stream more than it is already p' ed DOT needs to comm .nt f1:1_Ilr f1_.___ __ hl_ A 11__ _l _.. -- -1. cc: Regional Office Page Number 1 Central Office .f 919 733 5321 umb 'yy "17:7U Nu. r.5g: uciuc NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DM310N OF WATER QUALITY July 16, 1999 Mr. John Hennessy NCDENR-Division of Water Quality Wetlands/401 Unit 1621 Mail Service Center Raleigh, NC 27699-1621 Dear Mr. Hennessy: Subject: NCDOT Project #R-2116A Buncombe County The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment from the North Carolina Department of Transportation (NCDOT) for stream impacts associated with the subject project in accordance with the Memorandum of Understanding between the NCWRP and the U.S. Army Corps of Engineers. Based on information supplied by the NCDOT in a letter dated June 29, 1999, the mitigation requirement for which NCDOT is proposing to pay the NCWRP is for 72 feet of stream restoration. The NCWRP will provide the amount and type of required mitigation in Cataloging Unit 06010105 of the French Broad River Basin. If you have any questions concerning these projects or need additional information I can be reached at 919-733-5219. Sincerely, Ronald E. Ferrell Program Manager Wetlands Restoration Program cc: Alice Gordon, NCDOT Steve Lund, USACE, Asheville Reld Office P.O. DOX L9535, RALt10M, NORTH CAROLINA 27!26.0!3! PNOntflf•706-7015 rAXfif•733.2466 AN EQUAL OPPORTUNITY / AFFIRMATIVe ACTION rvMfLOYRw - $9% R9aYCL6D/11OKI FOOT-GONeuMtR PAARR . ? DWQ NCWRP JAMES B. HUNTJR. GOVERNOR WAYNX MCDEVITr OrZASTARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 16, 1999 Mr. John Hennessy NCDENR-Division of Water Quality Wetlands/401 Unit 1621 Mail Service Center Raleigh, NC 27699-1621 DIVISION OF WATER QUALITY Dear Mr. Hennessy: Subject: NCDOT Project #R-2116A +*t Buncombe County The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment from the North Carolina Department of Transportation (NCDOT) for stream impacts associated with the subject project in accordance with the Memorandum of Understanding between the NCWRP and the U.S. Army Corps of Engineers. Based on information supplied by the NCDOT in a letter dated June 29, 1999, the mitigation requirement for which NCDOT is proposing to pay the NCWRP is for 72 feet of stream restoration. The NCWRP will provide the amount and type of required mitigation in Cataloging Unit 06010105 of the French Broad River Basin. If you have any questions concerning these projects or need additional information I can be reached at 919-733-5219. Sincerely, Ronald E. Ferrell Program Manager Wetlands Restoration Program cc: Alice Gordon, NCDOT Steve Lund, USAGE, Asheville Field Office P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 919-733-7015 FAX 919-733-2496 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 James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Bill Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina, 27611 Dear Mr. Gilmore: 11kF!WAJ 1 • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 23, 1999 Re: Permit Application for Improvements to NC 151 from SR 1110 (Warren Creek Road) at South Hominy to SR 1117 (Fowler Mountain Road) in Buncombe County DWQ # 990432; T.I.P. No. R-2116A, State Project No. 6.841027 The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the aforementioned project. Review of your application revealed that a complete stream mitigation plan was not included. The application contained a proposal for use of the NC Wetlands Restoration Program. The DWQ considers the use of the Wetlands Restoration Program to be an acceptable form of mitigation. However, the WRP is not always able to provide the mitigation work requested by NCDOT. Therefore, until a letter is received from the NC Wetlands Restoration Program indicating their willingness and ability to perform the work your permit application will be considered incomplete. Therefore, pursuant to 15A NCAC 2h .0507(a)(4), we will have to place the permit application on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on hold. Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or require additional information, please contact either myself of John Hennessy at 919-733-1786. Sincerely, 9Wat Do ey r Quality C ti cation Program cc: Mike Parker, DWQ Regional Office Steve Lund, USACE Central Files C:\ncdot\R-2116 A\cotresponde nce\990432h Id. doc Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper MEMORANDUM P TO: John Dorney Non-Discharge Branch Regional Contact: Michael R. Parker WQ Supervisor: Forrest Westall Date: 6/7/99 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NC DOT NC 151 Project Number 99 0432 Recvd From DOT Received Date 4/30/99 Project Type widen pavement Certificates Permit Wetland Type Type Mitigation MitigationType Recvd By Region County Buncombe County2 Region Asheville Stream Wetland Wetland Stream Class Acres Impact Score Index Prim. Supp. Basin Req. gyp. F -cTROR W F_Tu__ r Wetland Type Acres Feet I F_ I F_ r 1/1N Is Wetland Rating Sheet Attached? p Y p N Did you request more info? p Y p N Have Project Changes/Conditions Been Discussed With Applicant? p Y p N Is Mitigation required? p Y p N Recommendation: p Issue p Issue/Cond p Deny Provided by Region: Latitude (ddmmss) 353029 Longitude (ddmmss) 824339 Comments: Site #1. This is a small stream but it is a stream. Nothina is mentioned in the mitigation report on what impact there will be at this site. The design plan indicates relocating and piping the stream more than it is already piped. DOT needs to comment. cc: Regional Office Central Office Page Number 1 County Buncombe Facility Nama NC DOT NC 151 Contact: Michael R. Parker Project Numbwi 99 0432 Comments (continued from page 1): Regions Date: 6/7/99 V Si ?c G? .?7d F. ' BCD WO Stream Classification Form 'rojcctNamc:NCDoI RiverBasin:i???Is","I County: fc?1C4-1, Eval u ato r. )WQ Project Number: r101 o413Z Nearest Named Stream: LaliIude:3S 3v S I Signaltue:,q,?cc0?lt Xitc: u,., l f T3 i USGS QUAD: ?N 4A Longitudc:?? `f Z ?/ Locatiol>/Dircclions: r 97S? Ilrimal•y Field Indicators: (CireleOneNnnlberPerl.ine) Geomornhol ;) Is The USDA Texture In Streambed bsenl Wenlc 11lodet•ale i) Is There An Active (Or Relic) Ifit) rlnt:+ill PIov.n19 0 3 r) Are Recent Alluvial Deposits Present? 0 QL / 2 s ?) Is A Continuous Bed & Bank Present'? 0 1 s *NOT!?. ll llr+l & ltnpik Cowed I1j f)iIf-bbse AmI {ti'1T110Uf Sinuu.?lrv'flren.Srnre=0*) 10) Is A 2" J Order Or Greater Channel (As Indicated 'RIAIAR I' GEOi110RP11OL OG I' INDICATOR I'OINT S:L3 1.II01-0101*V Absent Weak Moderate Strong .) Is There A Groundwater T TIAIARI'll YDROLOGYINDICATORPOIN`T'S: ?5) )ecoIldary Field Indicators: (Chule Otte Number Per Line) Weals Moderate Stron Ther i) Does Topography Indicate A Jatural Drainage Way? 0 .5 15 ECONDARY GEOillORI'IIOLOGIr INDI CATOR POINTS:-I-_ 1.IIVdrologV Absent Wealc Moderate Stronl;_ Is'fhis Year's (Or Last's) Leatlitter Present In Streambed? •5 0 '.) Is Sediment On Plants (Or Debris Present? _ 1 1.5 Are Wrack Lines Present? 5 1 1.5 Is Water In Channel And >48 Iles. Since 0 .5 1.5 ,ast Known Rain? (*NOl'ls !f I)irth Indirnred In till Above Skip Tlris Sleu And 11.5lkI+ rv* Is Tltcre Water In Channel During Dry 0 .5 1 1.5 'onditions Or• In GrocinScas??n)?_" _ i) Are 11 dric Soils Present In Sides Of Channel iOr In IleacuL2 _ Vos==/..5 ;I:CONDARY III'DROLOGY INDICATOR POINT S:x1-_ II. Iliolo i Absent Weals Modetate Slrort?,, ) Are Fish Present? .5 1 1.5 Are Welland Plants In Streambed? SAV Mostly 0111, Mostly FACW Mostly FAC Mostly FACU Mostly UI'L • NOTE: rl Totid Absence Of All Plants br Slrcambed 2 1 .75 .5 0 0 4.s Noted Above .Skip Tlriv Sit-p- UNLESS SAV Present*). - iECONDARY BIOLOGY INDICATOR I'OIN7S: ,? I_(If Greato-r Than Or Fqual to 19 Points'l'he Stream Is At Least Intermittent). l'OTf11. POINTS (PI'llN[tl'y + Secondary) =q 1) Are Bivalves Present? c2 1 2 3 ?_ TIAIAR YBIOLOGY INDICATOR POINTS: ? r- s JCD WO Stream Classification Toren 'roject Name: River Basin: FA--,,L, 3r~?,??L )WQ Project Number: go, Uct3z Ncarest N,uned Stream: (f -S C,1,."- A- se.lk A) ?v )ale: a,, 1T , USGS QUAD;,- County: Ce/N Evaluator: f1/,? tt Latitude: 39- S U ?/ Signature: M L elSL (Z-?e ?-- Longitudc:?a ?t)a Location/Diiections: ModerMe Stron 2 3 ( 2) 3 2 3 3 )rlluary Field Indicators: (Circle One Number 1'crL1ne) ornbolo A enk Is There A Riffle Pool Sequence? 0 Is The USDA Texture In Streambed Different From Surrounding Terrain? 0 Are Natural Levees Present? C?b ) Is There An Active (Or Relic) loo(olain Present? ) Is A Continuous Bed & Bank Present? 0 1 2 'N(1'fls: L11i'd & 11r Ink Caused By Vitclrin , AS nd t11111Q1! Simrari l1i?l Sco? •=0* 0) Is A 2" a Order Or Greatcr Channcl (As Indicated On Tono Man And/Or In Field) Present'? _ Yes=.? No=O 'RIh1ARYG1s0i110R1'IIOLOGYINDICA7'OR ithWT.S: 1'-7 1.IlydrolokV Absent Weak Moderate .Strong ) is Thcre A Groundwater low/Discharge Present's 0 2 3 'RIAIARY IIYDROLOGY INDICATOR POINTS: _L- Ii. Biology Absent Weak Moderate Slrnnl* 1 Are Fibrous Roots Present In Streambed? l? 2 1 0 'RIMARY BIOLOGY INDICATOR POINTS: -7 iecondal'y Field Indicators: (Circle OneNautberPerLine) . GeonlorplIONILly Absent Weak Moderale Strong 1 Ic There A Iteart C'io Preczent in Channel? 1 .5 1 1.5 ) Does Topography Indicate A 'ECONDARY GEOAIORPIIOLOGY INDICA7'OR I'OIN7S: 2- I.Ilydrology Absent Weak Moderate Shone ) Is This Year's (Or Last's) Leallitter ) Is Water In Channel And >48 Ilrs. Since 0 .5 Is There Water In Channel During Dry 0 .5 I U 'onditions Or In Growing Season)? __ ) Are I ydric Soils Present In Sides Of Channel (Or In Ileadcut)? Yes=1.5 Nr?JJ?-- ECONDARY IIYDROLOGY INDICf17'OR POINTS: r- 11. J1iol0LV Absent Weak Model-ate Strong Are Crayfish Present? 0 5 (I J 1 1 Are Maernhenthnc Precept? O 5 1 I. ) Are Wetland Plants In Streambed? SAV Mostly 011I. Mostly FACIV Mostly FA(: Mostly NACU Mostly UPI. * NOTE: If Twal Absence 0J'A11 Plants In Streambed 2 1 .75 .5 0 0 s Nrned Abnve Skin ViA up.UNLESS .SAV Present*). ECONDARY BIOLOGY INDICATOR POINTS:_ "OTAL POINTS (Primary + Secondary) =35 S (11'Greaicr'1'han Or Equal to 19 Points The Stream Is Al Least Intermittent). ,DU % S i?? t? S NC.DWQ'Screfiin Classification l+or><n ?roject Name:/UC. DU% River Basin: FA,2-c? 3?r DWQ Project Number: j `j -04-32 Nearest Named S am: Date: ?t, ?1 f o? USGS QUAD:C,-A A, Primary Field Indicators: (Circle Otte Number Per Line) County: -p6,,' C-0 "- ?-- Evaluator: Lalitude: 3, 3 0 a.9 Signature '? c?, /2 0 Longitude: ?? 3 3 9 Location/Directions: /V,-- /S f. Geomot•pholofly Absent Weal( Mo legate ,Stroh 1) Is There A Riffle-Pool Sequence'? 0 I 2' 3 !) Is The USDA Texture In Streambed i) Is `('here An Active (Or Relic) vial ed (I IN I IICIU t% uairr.nnl ilull II i ?) Is A Continuous Bed & Bank Present? 0 1 2 *NOTE'- //'flob& IlrrrkC' ff?CdBvVilrhineArir tt'ITIW IT?5intimtUj renS?urr=0*) _ 10) Is A 2"J Order Or Greater Channel (As Indicated On Topo M_ip Arr/f/Or In Field Present'? Yyo No=O "RIi11AR I' GEOi110R1'IIOLOG I' INDICATOR 1'OIN'I S:/--" J.llydrolot"y Absent Weal( Moderate Sh•ont: l) Is There A Groundwater ?low/Discharge Presenl? 0 (2 // 2 3 "RIMAR YHYDROLOGY INDICA TOR POINTS: I )econdary Field Indicators: (Cir('IeOtte NumberPerLhle) . (Ile A Moderate ?) Does 'T'opography Indicate A ? latural Drainage Way? (I ..5 1 (I'.5 iECONDARYGEOAIORPIIOLOGYINDICA7'OR POINTS:Z`>_ I. Ilydrolol,y ) Is This Year's (Or Last's) Leallittcr Weal( ) Is Water In Channel And >48 IIrs. Since 0 .5 ) Is There Water In Channel During Dry 0 .5 1 1.51 'onditions Or In Growing; Season)'? _ ?? ?) Are Ilydric Soils Present In Sides Of Channel (Or In llcadcut)? Yes=1.5 KID: ;I:COND11RI"IIYDROLOGYINDIGI7'OR I'OINTS:?;.-S to stroll 0 ') Are Wetland Plants In Strcambed? SAV Mostly 011I, Mostly FACW Mostly FAC Mostly FACU Mostly UPI. * NMI: If Total Absenre Of All Plants bl Slrearnbed 2 1 .75 .5 0 0 1s Nuled Above .Skip Thir SLM UNLESS SAV Prevenl*). ;ECONDARY BIOLOGY INDICATOR POINTS: TOTAL POINTS (Prill/nry + Secondary) = - 34, (If Gieilcr "than Or Equal to 19 Points 'fhe Stream Is At Least lntcrn?iitcnt). 'RIAIAR 1' BIOLOGY INDICATOR POINTS: 7 .l--)6T sfc Go,t1st?4cf dti 407' Fe NCD WO-Stream Classification Fortin ?-4 Project Name:` c--D45/ yrvh /S -)River Basin:rico,,- 4 County: ?N?hJly Evaluator: P DWQ Project Number: ?j'?i ??32 Nea est Named Stream: Latitude: J -3v 3? Signature/? dz,?2- 61 -7" ? Date: USGS QUAD: /t/•C. Longitude: ?a } U ?L Location/Directions: EFSCd , t) ?? ?1 Primary Field Ildicators: (Circle OneNtanberPerline) v_, A Z x? Geomomhohwv _ Absent Modera n 2) Is The USDA Texture In Streambed 5) Is There An Active (Or Relic) Hoodplain Present's 0 (-7 2 3 9) Is A Continuous Bed & Bank Present? 0 1 2 ?J (*NOTI' /flltd 4 (lank C'ansed By Ditchine And WITHOUT Sinuosity Then S(-ore=O*) 10) Is A 2" d Order Or Greater Channel (As Indicated PRIMARY GEOMORPHOLOGY INDICATOR POINTS: II llydroloj!y Absent Weal( Moderate Stront* 1) Is There A Groundwater PRIMARY HYDROLOGY INDICATOR POINTS M. Riolot?v Absent Weal( Mode 0 PRIAIARY BIOLOGY INDICATOR POINTS: Secondary Field Indicators: (Circle One Number Per Line) 1. Geomornholoev Absent Weal( Mode 3) Does Topography Indicate A Natural Drainage Way? 0 5 1 I.5 J SECONDARY GEOMORPHOLOGY INDICATOR POINTS:2_S- II llydroloi;y Absent Weal( Moderate Strom-, 1) Is This Year's (Or Last's) Leaflitter 4) Is Water In Channel 2ind >48 I-Irs. Since 0 (5' ) 1 1.5 5) Is There Water In Channel During Dry 0 1 1.5 Conditions Or In Growin, Season)? 6) Are Hydric Soils Present In Sides Of Channel (Or In Headcut)? Yes=1 S No= SECONDARY HYDROLOGY INDICATOR POINTS: Moderate 8) Are Wetland Plants In Streambed? SAV `' Mostly 0I11, Mostly MM Mostly MC Mostly FACU Mostly UPL (* NOTE: lfTotal Absence Of All Plants In Streambed 2 1 .75 .5 0 0 M Noted.tbove Skip This Stets UNI ESS SA V Present*) SECONDARY BIOLOGY INDICATOR POINTS:_ TOTAL POINTS (Prilrurry + Secoii(lary) = ,?ZI (If Greater Than Or Equal to 19 Points The Stream Is At Least Intermittent). NCD WO -Stream Classification Forth ?roicct Nait f(.'G LNT /II"J IS- River Basin: F-- -? County: ?t,??vca .•?_ Evaluator: /`r, 1411,iC DWQ Project Nun?ber:9i',o`t3Z' N crest Namcct lrcaui: C J? Latitude: r S 4? Signature:??? ?ZQ,?. C y"" Dale. t •--'Z- ' / i USGS QUAD: Dz,stl,o. c_ 177f? - Longitude:'s Z f Locatio??/Dircctions: l FKNF Primary Field Indicators: (Citcle One Number Per Line) L Geonror Iholo Absent Weak Moderate Strom i) Is'There A Riffle-Pool Sequence? 0 2 3 1) Is The USDA Texture In Strcambed i) Is There An Active (Or Relic) 71oodnlain Present? t) Arc Recent Amuviat uepostts rresent! v %1 i z -1 I) Is There A Bankfull Bench Present? 0 1 3 )) Is A Continuous Bed & Bank Present? 0 1 3 *NOTI?_ReddIJankCmaerlIIvI)itcI -llnr IY/TTIOU7'Sinua.cit _!!Lrt.$?•nrc=0?_ t0) Is A 2"d Order Or Greater Channel (As Indicated On Topo Map,1n(110r In Field) Prescnl? Yes=3 "RIAIAR l' GIs O!?IORI'IIOLOG I' INDICATOR POINTS: it Hydrology Absent Weak Moderate Strong I) Is There A Groundwater =low/Discharge Present? 0 Ll/ 2 3 "RIAIARI'll YDROLOGYINDICATOR POINT'S: eak Moderate Stron f Is Pci i ph ylon Present? 0 2 3 I Are Bivalves Present? 1 2 3 •'RIMARYIIIOLOGIf INDICATOR POINTS: :;!:^ wcondal'y Field Indicators: (Cir('IeOlleNulftberi'crLille) Geomor rholo Absent Weak Moderate Strong Is "There A I lead Cut Present In Channel? .5 1 1.5 3 IS There A Grade Control Point In Channel? 0 .5 ? _1.5 1) Does Topography Indicate A latural Drain_igc )Yqy? 0 .5 1 Lrc-p ;EC'ONDARY GEOMORPIIOLOGY INDICATOR POINTS I Hydrology Ahsent Weak Moderate Strong Is'This Year's (Or Last's) Leallitter Present In Streambed? 1.5 .5 0 ) Is Water In Channel And >48 IIrs. Since 0 C. I-q/ I 1.5 ,ast /mown Rain? (*N07'F.: If Ditch Indicatc(l hi #II Above Skip 76is Step And #.S Below*) Is'Thcre Water In Channel During Dry 0 0 I 1.5 -onditions Or In Growing Season)? ) Are Hvdric Soils Present In Sides Of Channel (Or In Ilmicul)?Yes /.5 No=O ;ECONDARY IIYDROLOGY INDICAT'OR POINTS: 2•.S' 11. Biology Absent Weak Moderate Arc Niacrobenthos Present. 0 .5 CP 1.5 Are Iron Oxidizing Bacteria/Fun pus Present? 0 1 1.5 Is Filamentous Algae Present'? .5 1 1.5 Are Welland Plants In Strcambed? SAV Mostly Olil. Mostly FACW Mostly FAC Mostly FACU 1llos1ly UPI, ' NOTE: ,/'Tined Absence Of All Plants In St-reambed 2 1 .75 .5 0 0 is Nutcd rl Love .Skip '!'Iris 5l p_ UNLESS SA V Present-'). SECONDARY BIOLOGY INDICATOR POINT'S: l'OTAL POINTS (1-1fi luny + .Secondary) = ,?(If Grealcr Than Or Equal to 19 Points The Strcam Is At Least Intermittent). DUI ?i-r? !z/ ?CD WQ SSIxeam Classification Form -11 'rojcct Name: Al cD oT /lw?/S /Rivcr Basin: F/- (3rwI-Id- )WQ I'roject Number. q ? -e`43z Nearest Naamed Stream: L[ 1 d J . ?Q [ /V 1?? )aic:?C?? C f lc'j?j?J USGS QUAD: / FY/t/?ff "rimary Field 111 dieatOrS: (CirrleOneNumberPerl.ine) County: 151- c v1.oAe1.A- Gvaluator:?h' Latitude: 3S ag 3 Sign1111M.ccl"Itz . P-1-- Longitt.lde:?Z ""IY 17 LocatioiVDiiections: Geonaorpholoyy Absent Wenk Moderate Strom Is'There A Riftle-Pool Sequence? 0' 2 3 Is The USDA Texture In Streambed Is The Channel Sinuous? 0 2 3 Is There An Active (Or Relic) Is "There A Bank-full Bench Present? U t s Is A Continuous Bed & Bank Present? 0 1 3 0) Is A 2"' Order Or Greater Channel (As Indicated 'RIAIAR I' GEOillORI'IIOLOGY INDICA7OR POINTS: 1.I1yd1-01oj!V Absent Weak Moderate Strom ) Is There A Groundwater ]ow/Discharge Present? 0 (_0 2 3 'RIMARI'll I'DROLOGY INDICATOR POINTS: _Z_ II Biolot;V Absent Weak Moderate strong Are Fibrous Roots Present In Streambed? 2 1 0 1 Are Rooted Plants Present In Streambed? 3 d) 1 0 Is Periphyton Present'/ 0 2 3 1 Are Bivalves Present? 0 1 2 3 'RIAlit RY BIOLOGY INDICATOR POINTS: iecondary Field Indicators: (Ci/r'le0/reNnnlberPerline) (scomoroho annel? Absent oderate ) Does Topography Indicate A latural Drainage Way? 0 .5 1 t I ?/ 'ECONDARY GEOAIORPIIOLOGY INDICATOR POINTS:.d,\` L Hydrology Absent Weak Moderate Slroil.! Is This Year's (Or Last's) Lcatlitter Present In Streambed? l --- .5 0 ) Is Water In Channel And >48 I Irs. Since 0 ? 1 1.5 1St Known Rain? MOTE: If Dia It lndieared bt #11 Above Skin 7his Step And #.S helot e# Is There Water In Channel During Dry 0 1 1.5 ) Are tivdric Mails Iliesertt In ildczs Url;nnmlcl (Ur to ltc:?.lC; L, reJ _ - IV,_if -----------..-.--- 'ECONDARY HYDROLOGY INDICATOR P01 11.lliolon, Absent weak model-ate Strom ) Are Fish Present? e'-11 ?) . 5 1 1.5 _ "OT,,iL POINTS (i'1'1lriary + Secoald(iry) _ ; (If Grealor Than Or Equal to 19 Points The Stream Is At Least Inteimittent). Are Wetland Plants In Streambed? sAV Mostly 0111, Mostly FACNV Mostly FA(: !Mostly FACU ]Mostly UI11. NOTE: 117oml Absenre Of Bill Plants lit Streambed 2 1 .75 .5 0 0 is Noa,d Above Skip 7hiv Step UNLESS SAV Presein' . _ 'ECONDAR I' BIOLOGY INDICATOR POINTS: _? 77 ez) 0 o m ti mo ?• 9 m H 0 o .t> ' C D N r W m m H ? ?C .n n [z] ,?d C H ° o H Q mM [n mp? f{ D r 9m n D H H O " A O H b -- ------------------------------- i N ? r to r n O m > C -- -------------------------------- C C7 0 [zJ Z n A O J J C to - cn --------------------------------- z Cl O O O D D Z -I Z O ..p N (T) N N W N O ca o -n n m O?- z?O ]JmM O Z1 70 mom C7 M i 7J a ? M Ov-i O -Tj .n M n>Z mo-I z 0 N m N N W -D-I m O N J QD LD