HomeMy WebLinkAbout20031047 Ver 1_Complete File_20030821TO:WETLRNOS P:2,'2
OCT-9-2003 06:59 FROM:
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION ETT
MfCHAEL F. EASL.EY r_vr?r7o SECRETARY r?PPIPP
GOVERNOR
October 7, 2003
MEMORANDUM
TO: John. Domey, 401 Wetlands Unit
Division of Water Quality - DENR
FROM: Mark S. Davis
Division 14 Environmental Officer
SUBJECT: 401 Permit Application - Withdrawal
SR 1509 - Crabtree Mountain Road
Hayvvood County
DWQ Project No. 031047
NCDOT would like to withdraw the subject permit application dated August 14, 2003. If
you have any questions or need additional information, please contact me at (828) 586-2141.
cc: Mr. R. G. Watson, P.E., Division Engineer, Sylva
Mr. Mark Gibbs, P.E., District Engineer, Bryson
kzeville
Mr. Mike Parker, NCDOT Coordinator, DWQ, DENR, As
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nrT-9-2003 06:59 FROM: TD:WETLANDS P:1 2
N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
PHONE: 828/251-5208 FAX: 828/251-6452
TO:
FAX
FROM:
DATE:
# OF PAGES INCLUDING THIS COVERS
MESSAGE: If 2ueatioaa, please call 828/251-6208.
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031047
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICFIAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
August 14, 2003
Mr. John Hendrix, NCDOT Regulatory Project Manager "RIAN 1S/M
U.S. Army Corps of Engineers UU ?U1 GA(,IIF
151 Patton Avenue, Room 208 401;
Asheville, NC 28801-2714 a ?Ul)
Subject: Nationwide 14 Permit Application MIRQUALIT'SECT?
ON
SR 1509 - Crabtree Mtn.
Haywood County
State Project No. 6.942144 (DWQ Minor Permit Fee $200 )
Dear Mr. Hendrix:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and
pave SR 1509, Crabtree Mtn. , in Haywood County. This proposal entails widening and paving
the existing gravel road to a standard 18-foot roadway. The proposed improvements of SR 1509
have been identified as necessary maintenance and safety improvements. Funds have been
allocated for this project, and NCDOT would like to perform these activities sometime during
the 2003 paving season.
I am sending a straight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS quad map.
We propose to install the new culverts slightly below the existing streambed elevations where
bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream
gradients to remain as unchanged as physically possible. No threatened or endangered species
are known to be present in or near the project area; therefore, no significant impacts are
anticipated from project construction. If the State Historic Preservation Office (SHPO) and the
Office of State Archaeology determines that further investigations are required, NCDOT will
conduct the appropriate site investigations and obtain compliance from SHPO prior to project
construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
In order to construct the project in accordance with our current secondary road standards, it will
be necessary to impact waters of the United States in the Little Tennessee River Basin.
Specifically, NCDOT is requesting to extend/replace one metal culvert in an unnamed tributary
to the West Fork of the Tuckasegee (DWQ Class C). Listed below is a summary of the proposed
impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 45' x 36" CMP 50' x 36" CMP 5' extension
43+45
Site 2 53' x 36" CMP 70' x 36" CMP 17' extension
52+32
Site 3 39' x 18" CMP 50' x 18" CMP 11' extension
79+45
32 linear feet total
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. Owen
Anderson, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am asking Mr. Anderson and Mr. Ed Ingle,
(NCDOT) to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 488-2131.
Your early review and consideration will be greatly appreciated.
Sincerely,
Ni.T. Gibbs, P.E.
District Engineer
P. 6
cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. Owen Anderson, Mountain Region Coordinator, NCWRC
Mr. R.G. Watson, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Office Use Only' 03 1047 Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P.O. Drawer 250
Bryson Citv NC 28713
Attn: M T Gibbs P E District Engineer
Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518
E-mail Address: m ig bbs(andot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:_
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page I of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Shoulder Widening SR 1509 (Crabtree Mtn. Road) in Haywood County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 6.942144
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Haywood Nearest Town: Canton
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Asheville, take I-40 west to
Exit 27 (NC 215) Follow NC 215 south approximately .36 miles to SR 1513(Thickety
Road) Turn left onto SR 1513 and follow approximately 0.61 miles to SR 1549(Carswell
Road) Turn right onto SR 1549 and follow approximately 0.44 miles to SR 1509. Turn left
onto SR 1509 and follow approximately 2.8 miles This is the project.
5. Site coordinates, if available (UTM or Lat/Long): N 35D 35' 12.38" W82D 52'
26.11"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential and Commercial
7. Property size (acres): 8.38
8. Nearest body of water (stream/river/sound/ocean/lake): Crabtree Creek
9. River Basin: French Broad
Page 2 of 8
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp•//h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work:
To pave widen the shoulders and improve the alignment of SR 1509 to meet current
NCDOT standards This includes cuttiniz and filling earthwork where needed, replacing old
drainage structures that are inadequate and making the road safer by changing the road
profile.
11. List the type of equipment to be used to construct the project:
Track Hoes Back Hoes Dump Trucks Bulldozers Manual Labor, etc.
12. Describe the land use in the vicinity of this project:
Residential woodlands and commercial.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project.
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No additional permits have been applied for in the past
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work.
and provide justification for the exclusion of this work from the current application:
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 3 of 8
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately ana iaennty temporary impacts. iiiipaus uieiuue, uUL C116- uUL uIII M LU. uL??uuu 11u 1 -
excavation, flooding, ditching/drainage, etc. I-or dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fenia.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond.
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1@ Station 43+45 Culvert Extension 5 Hughes Branch 1.5' Perennial
1@ Station 52+32 Culvert Extension 17 Hughes Branch 2' Perennial
1@ Station 79+45 Culvert Extension I 1 Hughes Branch 1' Perennial
* List each impact separately and identity temporary impacts. impacts mcmue, OUL ate IlUt IIIIIRCU LU. cULVCLL3 aLiU a3JVbIauu
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain).
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 4 of 8
www.uses.pav. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toporone.com,
www.mapduest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:33
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody .
(lake, pond, estuary, sound,
bay, ocean, etc.
.1...,,1-
List each impact separately and wenmy temporary nnpacu. uiipac?? ?? ,?, < <• ?• .....?? - - - --
flooding, drainage, bulkheads, etc.
4. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided Culverts must be extended in order to gain the necessary width
to improve SR 1509 to current NCDOT standards All pipe extensions will be placed below the
existing stream bed gradient so natural substrate can be re-established.
Page 5 of 8
VI11. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr state.nc.us/ncwetlands/strm€,ide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/%vrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): n/a
Page 6 of 8
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Stormwater will be diverted through settling basins or grass lined buffers prior to entering
streams (See erosion control plan)
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from the proposed project.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
*/- . E. 8 l¢
App icant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
03
Page 8 of 8
VICINITY MAP
Work Order: 36747
State Road Number: 1509 Crabtree Mtn.
Haywood
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