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HomeMy WebLinkAbout20031047 Ver 1_Complete File_20030821TO:WETLRNOS P:2,'2 OCT-9-2003 06:59 FROM: ''A aww.?• 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 11 1 I { IL 1 iYA ?;L'1?k Il T -r kourtconth Zvi. Po ?Of?ice, 'YuS31?11fifs?rt t 'i Y N44 ?:f$ B elepho 586-'142 '?Jws,?do?b,daQcdicvuA K r w h 6-a0F3 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. .?S`NCo hwn ?? OwM,•'On 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. 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