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HomeMy WebLinkAbout20041140 Ver 1_Complete File_20040714f A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director August 10, 2004 Haywood County DWQ Project No. 041140 SR 1368 (McElroy Cove Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. WETLANDS 1401 GROUP Division Engineer N C Department of Transportation 23 Webster Road AUG 19 2004 Sylva, North Carolina 28779 WATER QUALITY SECTION Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, to impact 28 linear feet of two (2) unnamed tributaries to Stingy Branch (28 linear feet of new pipe) in order to make improvements to NCSR 1368 (McElroy Cove Road) in Haywood County. The project must be constructed in accordance with the application dated July 9, 2004 (received July 14, 2004), including the environmental commitments made in the application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you must 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 in writing 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 if 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 be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarohna Phone: 828-296-4500 / Fax 828-299-7043 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper AaharaAff Mr. J. B. Setzer, P.E. August 10, 2004 Page 2 c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Any reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Quality has released the project. 4. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. The WRC recommends and encourages DOT to use erosion control matting instead of straw mulch in riparian areas. NCWRC is also requesting that temporary or permanent herbaceous vegetation be planted on all bare soil as soon as possible and within 15 days of ground disturbing activities to provide long-term erosion control. 5. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow. 6. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. 7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the road crossing and along the streams within dedicated rights of way. 8. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and vegetation should be used for stabilization above the high water elevation. 9. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and to reduce the likelihood of introducing other pollutants into the stream. 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 11. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams, flexible pipe or other diversion structures should be used to minimize excavation in flowing water. 12. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for fish kills. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 14. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life and disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners. Mr. J. B. Setzer, P.E. August 10, 2004 Page Three 15. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of aquatic life. 16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with culvert conditions. 17. All work shall be performed during low flow conditions (below bankfull). 18. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. If you do not accept,any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, F--Alan W. Klimek, P.E. Attachment cc: • Wilmington District, U S Army Corps of Engineers Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Angie Pennock, USACE Asheville Field Office Transportation Permitting Unit Mike Parker, NCDWQ Asheville Regional Office . ,, r. WETLANDS 140108OUP 'SY eAw7?. IUL 1 4 2004 WATER QUA •@?. ?• LITY SECTION STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDO TIPPETT SECRETARY July 9, 2004 Ms. Angie Pennock, NCDOT Regulatory Project Manager O U.S. Army Corps of Engineers 0411 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application SR 1368 - McElroy Cove Road Haywood County State Project No. 14C.044050 (DWQ Minor Permit Fee $200) Dear Ms. Pennock: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1368, McElroy Cove Road, in Haywood County from the end of pavement for a distance of 0.70 mile. This proposal entails widening and paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of SR 1368 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 2004-05 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. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There were no records of threatened or endangered species for the entire Stingy Branch watershed. Additionally, there are no records listed for the adjacent watersheds, Dawn Branch and Medford Branch. The unnamed tributaries to be impacted are small (1-foot width) and impacts from the culvert extensions will be minimal. For these reasons, there will be "no effect" on threatened or endangered species. Impacts to historic or cultural resources are not anticipated. 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 French Broad River Basin. Specifically, NCDOT is requesting to extend/replace two metal culverts in UT to Stingy Branch (DWQ Class C). Listed below is a summary of the proposed impacts. . Site No. Station Existing Condition Proposed Condition Net Impacts Site 1 17+50 31' x 24" CMP 45' x 36" CMP 14' extension Site 2 23+94 4 55' x 36" CMP 14' extension 28 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. David McHenry, 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 requesting Mr. Ed Ingle, Area Roadside Environmental Engineer (NCDOT), to comment directly to me concerning this permit requests. 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. r Sincerely, Jonathan L. Woodard, P.E. District Engineer cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. David McHenry, 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: 0 411 4 0 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. 1. 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 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: 345 Toot Hollow Road Bryson Cif NC 28713 Attn : J L Woodard PE District Eneineer Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518 E-mail Address: -woodard @dot 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: 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: Widen grade drain and pave SR 1368 McElroy Cove Road in Haywood County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.044050 3. Property Identification Number (Tax PIN): n/a 4. Location County: Haywood 'Nearest Town: Clyde Subdivision name (include phase/lot number): n/a Directions to site (include road numbers, landmarks, etc.): From Clyde take NC 209 North to SR 1364 Iron Duff Road Turn Left onto SR 1368 McElroy Cove Road. This is the project 5. Site coordinates, if available (UTM or Lat/Long): see attached (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 7. Property size (acres): 2.31 acres 8. Nearest body of water (stream/river/sound/ocean/lake): StingyBranch Class C 9. 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 http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: To pave widen the shoulders and improve the alignment of SR 1368 to meet current NCDOT standards This includes cutting and filling earthwork where needed, replacinJZ 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 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 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 Page 3 of 8 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 and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tnt, excavation, flooding, ditching/drainage, etc. For 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 floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htty//wwvw.fema.gov. *** 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: 0 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? lease specify) 1@ Station 17+50 Culvert Extension 14 UT to Stingy Branch 1 Perennial 2 @ Station 23+94 Culvert Extension 14 UT to Stingy Branch 1 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, 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, 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. * * 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 wwvw.usas.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., vvwvtiv.topozone.con? wlvw.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 28 Page 4 of 8 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 Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not tttntted to: fill, excavation, areaoing, 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 1368 to current NCDOT standards All pipe extensions will be placed below the existing stream bed sradient so natural substrate can be re-established. 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 linear 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 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/strini,zide.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. 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/-vvEp/l*ndex.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 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) Page 6 of 8 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .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. 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 Page 7 of 8 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 XH. 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 XM. 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). Applic t/ gei4f's Signature ` vate (Age 's si nature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Site Coordinates Site #1 35D 34' 8" N 82D 58'00" W Site #2 35D 33' 53" N 82D 58' 10" W SITE 1 HAYWOOD CO. STA. 17+50s S.R. 1368 McELROY COVE ROAD BRANCH SIZE 1' W X 1„ D EXISTING 31' x 24 CMP PROPOSED 45' X 36" CMP SKEW 80' / DROP INLET Ilk, / PROPOSED • / ? NEW CMP i 0' .20' 40' 60' T w, ...... .................... .... .........?NAILIN BASE:OF.- '. ' . : : :: :: FtNt'E' POST: I : ; ; : . . . RT :5TX,1:7+00 : . . . : : :I : ; PROPOSED .:.. _ .: :..1. 1 %2:.1. SLOPE: :DROP--INLET : '.PRdPOSD.NEVV :.' EXISIING : 'PROPOSED::' : ... .. ... ..................... .. CMR PIPE -.:.. Ii?uERT :.. PROPOSED .. ?? :.X :3,•: . . . iN?ERT: :.'CMP ; .........?.5.... ..................:...:: ' 0': :................... EXISTING: GRADE • ..: 2% ::... :. ••• .PR'OPOSED'•GRADE ?-j •2:236' SITE 2 HAYWOOD CO. STA. 23+94 PROPOSED S.R. 1368 BRANCH SIZE 1' W X 1' D NEW CMP Fp ?McELROY COVE ROAD EXISTING 41' x 30" CMP PROPOSED 55• X 36" CMP SKEW 82' 82. c / 0' 20' 40' 60' .............................................. .. . . . . . . . . . . . . . . :....:....:........:....:....:....:....:....:....:....:.POINT':ON:'CONCRETE ................................................ . . . : . . . . . . . : . . . : . . : : . . . . . . : . .• . : . . . : . . . . . . : 'BARN 'FOUNDATION ; :. :....:....:....:....: ....:.........:...::... .21- -.LT.. STA., 24+•12.: . . . . . . . . . . . . . . . . . . . . . . . . . . .NSW : . . . . . ?. . . . . . . . . . . :: : :... :. -9$:8f'....-NEw......... . •• PROPOSED-... . % EXIST:.. :. ?..1?•.1 ??-pP. - I : : : : •PROPOSEI} : : : ?: : 'SL'OPE:: ; • ; . ; : :. - . ' .: : • • • • : ': ' :' : : •: • : ? ? . -. - -• .. •- • . • - :. : XI$71NG ; ;: ;PROPOSED ;NEW ; .:.:. -INVER : .:.' ...:...::.. :.. :. CMP• -PIPE .... 60'-X 367-. :96:09... . PROPOSED: tF "INVERT :.. :... :....:...: :.............. . . EXISTING• GRADE - 10:1k ' " " " " " 'PROPOSED :GRADE y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easley GOVERNOR County: Haywood Project: 6.942144 WBS #: 14C.044072 DIVISION OF HIGHWAYS 1594East Main Street, Sylva, N. C. 28779 (828) 586-4040 Fax(828) 586-6253 Sylva, North Carolina 28779 March 24, 2004 Lyndo Tippett Seoretary- D „ t ?sL l Di`d?S:JP; la II MEMORANDUM TO: DAVID BAILEY, STATE NEGOTIATOR FROM: T. L. GREENE, DIVISION RIGHT OF WAY AGENT BY: WM. DALE DAVIS, RIGHT OF WAY AGENT SUBJECT: IMPROVE AND PAVE SR # 1368 - MCELROY ROAD This is to advise that the required 45 ft. right of way for the above improvement has been secured in accordance with the request from C.R. Styles, District Engineer, dated 04/01/99. The project had a length of 5,240 ft. to the end of the project, but due to the abandonment of Parcel 15, right of way is complete only to Survey Station 37+25. The utilities will be covered and a report will be forthcoming. The right of way agreements have been reviewed, recorded and are listed below by parcel number and owner's name. PARCEL OWNER'S NAME 1 Jeffery Scott and Lynne M. Guge, Married 2 Darwin D. and Jamie K. Crawford, Married 3 Horace and Myrtle Crawford, Married 4 Johnnie and Clara P. Crawford, Married 5 Heirs of Ned Crawford - Elizabeth C. James, Johnnie and Clara P. Crawford and Ned W. and Dorothy M. Crawford 6 Edwin G. and Jackie W. Bryson, Married 7 Steven T. and Teresa A. Clark, Married 8 Gay Angel and Polly McElroy Sims, Married 9 Tom and Jane McElroy Sims, Married 10 Ted M. McElroy, Individual Page 2 Haywood County. SR # 1368 - McElroy Road 11 Tom W. and Janie McElroy Sims, Married 12 Sue E. Strauss, Individual 13 Peter and Mary C. Douglas, Married 14 Dennis Hall, Individual 15 Lora Francis Davis: This section of road to be abandoned at the request of property owners. The abandonment process has been filed, awaiting the County Commissioner's approval. * NOTE: Right of way has been reduced to 16 ft. left of Survey Stations 7+25 to 8+35, 16 ft. left of Survey Stations 12+70 to 13+30, 18 ft. left of Survey Stations 24+00 to 24+90 for barns. WDD:Ig Attachments: Recorded Right of Way Agreements Request Letter/Straight Line/County Map cc: Ron Watson District Engineer, (w/copies of agreements & straight line.) Conrad Burrell EROSION CONTROL DE'T'AILS AND SPECIFICiATIONS 245.03 245.05 893.01 890.05 245.01 245.02 892.04 895.10 892.01 892.02 897.01 897.02 894.01 245.04 896.01 896.02 896.03 Desor p.j Slimbol Temporary Silt Ditch Temporary Diversion ............................. 7D Temporary Silt Fence -Ott---ttl-. ?-= ?- Temporary••,Slope' Draln with Earth Berm ......... Silt Basin Type A ............. ................. :.. Silt Basin Type 8 • ........................................... Temporary Rock Silt Check Type-A „„__,,,, Temporary. Rock Slit Check Type-B Temporary Rock Sediment Dam Type-A ,,,,, Temporary Rock ',9ediment Darn Type-B .. Rock Pipe Inlet Protectlon Type-.A _,,,,,_,,,, I N Rock Pipe Inlet Protection Type-B { ' Rock Slit Screen ............................................. Stilling Basin .......................................... Rock Inlet Protection: .. .- Type B • ...............?............... B LLJJ ._QR -- C3 JJ Type C ................................C .. OR .. j) 12 March, 1992 Railroad • A Control of Access Line.* :•. t• f?-.? ?? f.-• Slope Stalce Line ...........•.... • :Bride ; '.•. ...... f Culvert •l •'' `• it:??5'i' -o- ? ?tlitotl •-O-• t. '1:clzPliune oI:Z elc, rtWlt hole - Tower Pole and Line..... • - al:xIs S i it/ltot? b hoNver Pole ...... . ........... 1Jaseniun Lille. :......... • e . • .. . iliutivill-; 1_iniit • . . • Guard llail ..' ....:................•.. . Sariitar}•:Sewer Line.::...: W . ater Lint - .... • cis Gas Lini' .'.. ; ..- ........ •- l1il0PCUSF:D r:xIS•rt-N'G ................. . Chalk Li iil: Fence' Woven Wire FUICe e e . e•e .. e e ... . • ° ° cicneradoil Refores-ation •••• ••••es••e•sse a.•ee• f TSU Tenlpor?trvSiltDitch ............. Tenipor.1 I•y Silt 1? e•nc:? . e • ...... a ... r Tempora.ry.Slope -D1'11ill' .:...':.......... : . r . • .. ? _ .r?;:? Brush BW 1.0-1 Silt Checl( Dam 7yl)e A....:. • • • •.• " Silt Checlc Dam lye•B • .'. • .......... . Silt Bas! n •p e 'A ...:. • ......: --" Silt Basin Type B .......... .. . IZoclcSiltCheclcDam.... •••••••••••e• 1i-LII Ocrni ..e.'.ee...•: ........... Check ;Temp, Slone Dilcli _ , ..... • n, n r? . n ,cf 6' duo G//•fi?/L: rE?• i • /?/z i>?'•?? - y S'7D??>) E't/E??1" /?iV-? ' GALE/,??V61? ?Jl1T LU?S'?? ??9Lf t \7? iydT Td SC/1LE s (!5. D.I4 1,5,{'6r v v? _I?is7 ARF_ i. /_ ENGT'y of yis7"ir1/3Ev /•f E/1 f-OF? EROSION z,- SC ONLY ,- LEivG7%? aF z??S7UeBEV /?A,E. l? 13'2 61 fi FivG?:t/ Dr .»/s7 /%fBEv ARC Environmentally Sensitive Areas: This project is located in an "Environmentally Sensitive Area". This designation requires special procedures to be used for clearing and grubbing, temporary stream crossings, and grading operations within the area identified on the plans. This also requires special procedures to be used for seeding and mulching and staged seeding within the project. Clearing and Grubbing: In areas identified on the erosion control plans as "Environmentally Sensitive Areas", clearing operations can be performed, but not grubbing operations until immediately prior to beginning grading operations as described in Section 200, Article 200-1, in the Standard Specifications. The "Environmentally Sensitive Area" shall be defined as a 50 foot buffer zone on both sides of the stream (or depression), measured from top of streambank, (or center of depression). Only clearing operations (not grubbing) shall be allowed in this buffer zone until immediately prior to beginning grading operations. Erosion control devices shall be installed immediately following the clearing operation. Grading: Once grading operations begin in identified "Environmentally Sensitive Areas", work will progress in a continuous manner until complete. All construction within these areas must progress in a continuous manner such that each phase is complete and areas permanently stabilized prior to beginning of next phase. Failure to complete any phase of construction in a continuous manner in "Environmentally Sensitive Areas" as specified will be just cause for the Engineer to direct the suspension of work in accordance with Section 108-7 of the Standard Specifications. Temporary Stream Crossings: Any crossing of streams within the limits of this project must be accomplished in accordance with Section 107-13(b) of the Standard Specifications. Seeding and Mulching: Seeding and mulching shall be performed in accordance with Section 1660 of the Standard Specifications and vegetative cover sufficient to restrain erosion shall be installed immediately following grade establishment. Seeding and mulching shall be performed on the areas disturbed by construction immediately following final grade establishment. No appreciable time shall lapse into the contract time without stabilization of slopes, ditches and other areas within the "Environmentally Sensitive Areas" as indicated on the E.C. Plans. Stage Seeding: The work covered by this section shall consist of the establishment of a vegetative cover on cut and fill slopes as grading progresses. Seeding and mulching shall be done in stages on cut and fill slopes which are greater than 20 feet in height or greater than 2 acres in area. Each stage shall not exceed the limits stated above. Erosion Control Schedule • Install erosion control measures according to plans in all outlets and at other discharge points after clearing but before grubbing • Clear and clean outfall ditches leaving side slopes at an angle that can be retained by vegetation. These areas will require stage seeding and mulching. • Begin grading of roadway ditches. Place erosion control measures along roadway ditches as grading progresses and conditions allow. • Seed and mulch all disturbed areas as soon as any phase of grading is completed. (Note there are 15 working days/30 calendar days to complete seeding and mulching. A working day is defined as a day exclusive of Saturday or Sunday during which weather conditions or soil conditions permit land-disturbing activity.) • Clean out and/or rework all temporary erosion control measures after any significant rainfall event (or as otherwise needed). These measures should be maintained until a permanent vegetative cover is established. Wet Pipe Installation Schedule • Install erosion control devices. • Remove material and existing pipe while limiting, as much as possible, material and sediment from entering the stream and/or escaping from the project. • Prepare pipe foundation while taking care to limit material and sediment from entering the stream and/or escaping from the project. Where possible new grade should be below the existing streambed. If needed, bedding material will be clean stone (especially in Trout and HQW waters). • Place new pipe and compact fill. • Install slope protection on outlet and inlet ends of pipe. Also complete installation of erosion control measures and perform maintenance as needed on existing measures. • Establish permanent vegetation as soon as possible. PL - 5+00- 5+00 I j ill 18'. tip n?e?J IS' C r PROP R9PLAC-E W n 3j IDAR,A)?+J D Gt??v.?>=v?? sEt'FREy sco-r-r Gu&E -7 i-K&i Du~F Rd. ?(o u?rNOrsJ? ?Joo? Rd t,??y?esv?fle,t?.C 28780 ? vJA?n)e5il?lle? N.C 287 cr? ! 2 . o o- 4 5' 16" GmP ?RcP. REpLAGE v Jj/Jeu) 4;,Cfi7p 0+00 l T o+pp 10+00 I Jo?,?N1t CR?wF6R1J I D sa 2"RflPJ DuFr R? v? A y r? es?') l e l I.C. 2 g? 8 io 0 Pi- B440 NorE. REDUCE Rf W Ti> 1(0' J-T. r4ev) CL FRom STA. BARS 7+75 To SrA. 13 +35 ' . ro 2 A R ?oPAC,E CKAuwFo2D 104 Geoa6Es BR. Rd Ile, rJ, C. 2 87 81o jDARW,rj L7 CizAwFoRD 0 -44 18' Csl p - - - - R o F 1. ASE ? /?e -218 5+00 5+00 10+00 , 1 NFD CRAWFORD 14r.12.5 C1b MRS JgE1D CR»u7FORT -25a me E Lfzoy Cove Rd WrtyNPSo; Ile n1,C ZB^ 0 I' g+4-0 PL LX ZE: 15+00 15+00 I . i Norr-: REAtKE 1?/vi 7a 16' t,T. New CL 'r Rom 5T A. 12 f 70 To -S.4 Qt30 roR SARA J vh??i1F CRI???aRD 5TEVgr1 i , CLARK 2-70 Mf-EZRoq CDC Rd t?r7?N?s?i ftrr? lJ??' 2B%:. O Co cnrc De?ve ( pR„?? needs To BE REt.ocV ,z gs LX +75 - © pc QLolM GROUCR 6Ryso? 78 WIPJTNROD Rd a, e6o e 2IR-7 4'9' v 10+00 (J ED CRAWFORD y FIRS O ?PRo? AJd 18"CO 10+00 20+00 V..20+00 I { - G? F /?>JGEL y ?? ? ??JG?L I ? 8 CRESrQ Evj DR, I O y 12q ! ujRyn1es??1?e?N, 2978 - - ? jAnlE t1/1c?L??o Sims POLLy rYle. ??0" 19NGEL C/o fzo &,E?e m ? jx o 2878 S .61E ?,DC.o Rd _ , M46 Ll 7f-7 1171- o \ 1744,0 PL PL _ _ cm PROP. Rd OL.ACE ,Jl 36 JE v?ptE -?-ohr,jr3je CIZpoFoRD 04- CLARK 15+00 115+00 I ja" P -- - PREP. RE?L AC; \JJ rle? 1$" e n 25+00 25+00 I I oTE: REDucE Rio To 18' LT. /, ) e0 GL CRafi BARS S-r4. 244007-0 STg - - 24+90 rOe Ba?? TED In Me- ELROY ¢-71 Me-EL-RO Cove R? UJ?yNesv? Ile } PI,C Z?'78? io PL 2 +50 3'b„ G/?1? 3(o1 C PIP _-_- P? r Ac E w V VAT E ,SAME 1Y) F- LRoy s,M= X FPOLLV Y? ELQO y N6-E O • f?n-r c 'SHED TO SE I*nO Uod ,P/1-L 2 4Co0 PL c G? y F ANGEL 0 ??y r 19N GEL NOTE: F.J or sTEPS To 36 /'/ _FIT ncc 2/vJ d 5 II ' 20+00 f J 120+00 30+00 - 30+00 Oil j one W. 5,m6 105 Mc ELRo v Cove Rd p 0. Box 872 LAxE Sur4 ALU6leA j >`1,C 2 s ? 4s I `l8_ cm p;' p. REPLACE u)f'?_4"Cm? PL 2 415 I EA f/1. /?c?????y lb ?I ? 4l I? I i 25+00 25+00 3RrJE ()? -EL2ay 6irn ?1JGEc PPoLLy 'mLELR? O 35+00 l?orE: SaTELL,rE D+SN To $E O Mova3 OFP 9)vJ SUE E. 5TMA55 4--7 5TjRAUS5 LANE 12 c FL. 31+10 1 35+00 TpN E /1)c ELrzoy s?M POL-Ly GLROy ,44KL q ? w nle? ?g''cmP 34+ 5 P.l p?T,?? DouG?x?S 340 nlW l??rN Cau:2; ? 530 a3 ?RiVE FJOre DRl nleeds 10 8? ti R E Loc,$M5 D 3[+? D (VOTE; rI?Ot12 ??? OFr COra:Tt2uC I W, j A,JE (Y)GELROI S, S m5 PoLLy 19 n. 0 ? y O 311 I 30+00 40+00 1 40}00 415 I LoR? 1:'g fCES DAV1S sus R?D?E moNr A?F r.44 pNTOAIIO j TX. 70.201 le -, _ I Gmr c 374.25 ?I E 37 ?z 5 ?'L NpMER GLENN 679VEJSOt1 2v \j Rd f 715 f? c' L o ? f4. fj E:SJ1 L.? ! -7 0c 14 4 `I I PL 35-120 SUE E, STRAuSS 2 35+00 fnC-FtRoy S?mS PoLL? Irl)C,Et-Q?'? ?r1 0 35+00 ;V:j I" f ?r C,9\ BAL /Y L F F L+ Y 1356 M 'h F V yv, . 1350 i ? N ? 136d -• Q^09 ? 1363 136c )3E6. PROj 1649 i? •: 36' 1513 9 - M1 Zf^ ,75E a1 p iaoG - . .5C \\ . ?;,;? 10 ?ylt P o? 1369 \ 1St ibis 1368 - NWO CO. 17+50- ?ati R {lam . f ? t r lei, t , ,s