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HomeMy WebLinkAbout20070550 Ver 1_Application_20070330{"` v~~ --~ ~fi ~ .~,~ . ~1 !'}-:{. 4f~y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 8, 2007 Mr. David Baker, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 " ~ V Subject: C P 3 ~ fYt Bridge Number 303 over Clear Creek (C; Tr), SR 1590 In Henderson County UJ ~~- 1 L.~ ~ ~1~ !•' S Dear Mr. Baker, The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 303 on SR 1590, over Clear Creek (C; Tr), in Henderson County. The existing bridge is a single span steel beam and timber abutment structure with an overall length of 12'. It was determined that in the interest of public safety, that bridges be replaced due to insufficient width and deterioration due to age. The proposed replacement will be a timber beam and abutment structure widened to 24' and lengthened to 20'. The bridge is being lengthened due to past flooding problems and the extra length will move the structure away from the water to dry land. The mudsills will be removed and replaced with concrete footers. Construction will be phased to allow traffic to flow on half of the existing bridge while the other half is built, then traffic will be moved onto the new half to complete construction. Sandbag cofferdams will be used to ensure a clean, dry area, and to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Tehephone(828)497-7953 Fag(828)497-6095 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. Impacts to 'Waters of the United States In order to construct the project in accordance with our Current Bridge Maintenance standards, it will be necessary to temporarily impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is requesting to replace Henderson County Bridge No.303. Listed below is a summary of the proposed impacts. Site No. Eacisting Proposed Net Impacts Station Condition Condition Site 1: 12' Single Span 20' Single Span 10'Temp. Bridge Bridge Bridge 183 20' wide 26' wide Total =10' Temp. 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. David McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. In addition, I am asking Mr. McHenry 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) 497-7953. Your early review and consideration will be greatly. appreciated. Sincerely, G~ ~~ Chris Lee, EI Division 14 Bridge Maintenance Engineer cc: ~1r. John Hennessy, DWQ, DENR Raleigh Mr. Mike Parker, DWQ, Asheville Regional Vmce Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Division Environmental Officer, NGDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Telephone(828)497-7953 Faz(828)497-6095 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: GP31 3. 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: NC Department of Transportation c/o C.D.Lee Mailing Address: 178 Henry Bird Rd. Whittier NC 28789 Telephone Number: 828-497-7953 Fax Number: 828-497-6095 E-mail Address: cdlee ~.dot.state.nc.us 2. Agent/Consultant 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: N/A Mailing Address: N/A Telephone Number: N/A E-mail Address: N/A Fax Number: N/A Page 1 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: Brie Number 303 over Clear Creek on SR 1590 in Henderson Countv. 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIl~: N/A 4. Location County: Henderson Nearest Town: Edneyville . Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.):.. From Edneyville; Take 64 East 3/a mile and turn right onto Mills Gap Road. Then ~?0 1/8 mile and turn ri hg,, t on Bearwallow Road. Travel approximatelX 2.7 miles to site. , Site coordinates (Far linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.4178° N 82.3585 °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Clear Creek~C:Tr,) 8. River Basin: French Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~//h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Bridge #303 in Henderson Countv is a small sin 1gL a span timber bridge that we are proposing to rebuild using existing and some new materials. The mudsills will be replaced with concrete footers. The general land use in the area is residential and farmland. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The bride will be stage constructed to maintain traffic with each half being removed and replaced with concrete footers and timber abutments. Backhoe,~boomtruck, powertools_ handtools etc. will be used 11. Explain the purpose of the proposed work: To upgrade a substandard bridge and increase width. The bridge will be increased in length to provide better flows through the bridge structure. 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. 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. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identif able on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Page 3 of 8 1. Provide a written description of the proposed impacts: The impacts will be temporary from the placement of coffer dams so that concrete footers can be installed in a drX environment. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se aratel list im acts due to both structure and floodin . Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100 year Floodplam es/no Distance to Nearest Stream linear feet) Area of Impact (acres) N/A N/A Total Weiland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length ~ width, then divide by 43,560. Stream Impact Perennial or Average Stream Impact Area of Number Stream Name Type of Impact Intermittent? Width Before Length Impact (indicate on ma Im act (linear feet (acres Bridge 303 lA Clear Creek Temporary Coffer Dam Perennial ~ 5 (coffer Dam) 24 (coffer dam) 0.00275 Bridge 303 1B Clear Creek CofferoDam Perennial 5' (coffer Dam) (coffer dam) 0.00275 Total Stream Impact (by length and acreage) Temporary N/A 0.0055 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (~ applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) N/A Page 4 of 8 6. List the cumulative impact to all Waters of the U. S. resulting from the project: Stream Im act acres :Tem ora .0055 Wetland Impact (acres): N/A O en Water Im act acres : N/A Total Im act to Waters ofthe U.S. acres Tem orary .0055 Total Stream Im act linear feet :Tem orary 24 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ~ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. 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 Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. Silt fence will be used around the proiect to reduce run-off into the stream. Anv potential impacts from offsite sedimentation from the project site will be avoided by the implementation of appropriate BNIP's. See manual and attached Erosion Control Diagram) VIII. 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 lineaz feet of total impacts to perennial streams. Page 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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/strmgide. html. 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. No mitigation proposed. A11 impacts are temporary 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http:/Ih2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes ® No ^ Page 6 of 8 2. 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 far environmental documentation. Yes ^ No 3. 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 (required by DWQ) 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ^ No 2. If "yes", identify the squaze feet and acreage of impact to each zone of the ripazian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact uare feet Mulhpher Required Miti tian I 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The drainage area for the small creek is approximately 90-95% open grass covered fields surrounded by forest. Silt fences, check dams, Page 7 of 8 and other applicable erosion control devices will be used around the project to reduce any off- site or in stream sedimentation. XII. Sewage Disposal (required by DWQ) 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 project. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Isthis anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Road infrastructure is remaining as is. The bridge is just being upgraded to current standards. The project should not result in significant changes in development trends. XV. 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). ~~~..~ ~/2$/0? Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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