HomeMy WebLinkAbout20041209 Ver 1_Complete File_20040726?OF WA.T R Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
ry_' Alan W. Klimek, P.E. Director
O Division of Water Quality
DWQ Project No.: d /2 q County: I/C717 C 2v
Applicant: c- -r
Project Name: S 3 a
Date of Issuance of 401 Water Quality Certification: // I 911a
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and pecifications, and other supportin materials.
Signature: ' 4? Date:
Agent's Certification
I, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No. Date
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/newetlands/
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_ Alan W. Klimek, P.E. Director
f_`L R"v = qr Division of Water Quality
November 19, 2004
Yancey County
DWQ Project No. 041209
NCSR 1378 (Duncan Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
?D
NO V 2 2 2004
DENR - WATER QUALI1y
SAND STftWATER B q a
You have our approval, in accordance with the attached conditions and those listed below, to impact 90 linear feet of
four (4) unnamed tributaries to the Cane River (90 linear feet of new pipe) in order to make improvements to NCSR 1378
(Duncan Road) in Yancey County. The project must be constructed in accordance with the application dated July 21,
2004 (received July 26, 2004), and modified application dated October 26, 2004 (received October 28, 2004), including
the environmental commitments made in the application letters. 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.
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.
No°ehCarolina
NatuCal?tf
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
Mr. J. J. Swain, Jr., P.E.
November 19, 2004
Page Two
d. The 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. In-stream construction work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-
spawning season of October 15 through April 15 to avoid adverse effects of sedimentation on sensitive egg and fry
stages of trout.
5. Adequate sedimentation and erosion control measures should be implemented and maintained on the project site to
avoid impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on
all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Areas around stream
crossings and adjacent to streams should be seeded and stabilized with anchored erosion control matting instead of
straw. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
6. Stormwater shall 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.
7. 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.
8. 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.
9. The dimension, pattern and profile of the stream, above and below the culverts, should not be modified by widening
the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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 elevated pH and fish kills.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
16. 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.
17. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of aquatic
life.
Mr. J. J. Swain, Jr., P.E.
November 19, 2004
Page Three
18. 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.
19. All work shall be performed during low flow conditions (below bankfull).
20. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the 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. The 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 or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
/-Z- pmtz-
,P-Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, US Army Corps of Engineers
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
't`ransportation Permitting Unit
Mike Parker, Asheville Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. J. J. Swain, Jr., P.E.
Division Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville, North Carolina, 28802
Alan W. Klimek, P.E. Director
Division of Water Quality
August 12, 2004
Re: Permit Application for Proposed Stream Impacts
DWQ No. 041209
SR 1378, Duncan Road
Yancey County
Dear Mr. Swain:
WETLANDS / 401 GROUP
AUG 19 2004
'V' '"> R UUAI_ITY SECTION
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the aforementioned project.
Review of your application revealed it lacking necessary information required for making an informed permit decision. The permit
application was deficient in the following areas:
• An area, believed to be State surface waters, was noted during the site visit that was not listed on the 401 Certification
Application. Another site visit has been scheduled with Mr. Roger Bryan to review this possible impact area. If this area is
determined to be jurisdictional waters, a revised 401 Certification application will be necessary.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until a determination of these
waters has been made. Furthermore, until the NC Division of Water Quality receives the information, we request (by copy of this
letter) that the US Army Corps of Engineers place the permit application on hold.
If you have any questions or require additional information, please contact Mike Parker at 828-296-4500.
;?I',ee? O?-? P--`
k-Alan W. Klimek, P.E.
Director
cc: US Army Corps of Engineers Asheville Field Office
Roger Bryan, Division 13 DEO
Asheville Regional Office
Transportation Permitting Unit
North Carolina Division of Water Quality 2090 U.S. Highway 70
Internet: h2o.enr.state.nc.us
Sincerely,
None Carolina
?turally
Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
PO BOX 3279, ASHEVILLE, NC 28802
July 21, 2004
WETLANDS/ 401 GROUP
US Army Corps of Engineers
151 Patton Avenue, Room 208 WATER QUALITY SECTION
Asheville, NC 28801-5006
Subject: Nationwide Permit #14
SR 1378, Duncan Road
State Project No. 13C.000I9(DWQ Minor Permit Fee $200)
Yancey County, NC
Mrs. Angie Pennock ()41209 JUL 2 6 2004
Dear Mrs. Pennock:
I have enclosed a straight-line diagram with erosion control plan, a PCN application for
NWP #14, and a vicinity map relative to the proposed project on SR 1378, Duncan Road,
Yancey County, NC.
Duncan Road is currently a 14-16 feet wide gravel road. Division of Highways plans to
pave the road 18 feet wide and increase the typical section. Grading will be light.
We propose to extend three existing culverts on a small UT to the Cane River. Total
culvert extensions will be 70 linear feet. The UT contained riffle/pool complexes,
cobble/gravel substrate and aquatic organisms. No stream relocation will be performed
for the project. Existing channel morphology will be maintained upstream and
downstream of the culvert. The culverts will be placed below existing streambed
elevation. Riparian vegetation will be reestablished along disturbed areas associated with
the culvert extension. Stormwater will be diverted through grass-lined ditches or
vegetated buffers prior to entering streams.
No effect on federally listed species (threatened or endangered) or their habitats is
anticipated. The project is located approximately 0.6 miles from the Cane River, a
known location for the Appalachian elktoe (Alasmidonta raveneliana). The proposed
project contains minimal instream work consisting, of extending/replacing culverts on a
small stream. High Quality Water erosion control measures will be implemented to limit
potential sedimentation from the project.
-1 : _ -
U?
Mrs. Angie Pennock
Page -2 SR 1378, Yancey County
July 21, 2004
As a part of the 401 Certification process, a copy of the application will be forwarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request David McHenry, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
By copy of this letter, we are asking Ed Ingle, Area Roadside Environmental Engineer, to
comment on the above project. Temporary encroachment into the buffer zone of the UT
will be required from Station 26+00 to the project end. The stream is classified as trout.
A buffer variance will be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Brian Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to
Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please
charge the application processing fee of $200.00 to WBS element # 13C.00019. Please
forward comments directly to the Corps with copy to Division 13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at (828) 251-6171.
Sincerely,
Bryan
Ro n' 4
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
H. M. Coates, P.E.
Ed Ingle
David McHenry
Brian Wrenn
Mike Parker
Marella Buncick
Office Use Only' 041209 Form Version April 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:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: J J Swain Jr P E Division Engineer
Mailing Address: NC Department of Transportation
P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-251-6394
E-mail Address: rdbryanaa 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.) N/A
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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: SR 1378 Duncan Road
2. T.I.P. or State Project Number (NCDOT Only): 13C.100019
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Yancey Nearest Town: Burnsville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): SRI 378 is located off of Jacks
Creek Road (SR 1336) and SR 1377
5. Site coordinates, if available (UTM or Lat/Long): 35° 55'24"N 82° 21'38"W
(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:
Existing secondary road
7. Property size (acres): 4.0
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Cane River (Class C-Tr)
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: We propose to grade drain base, pave and
install erosion control measures for SR 1378 (Duncan Road). We propose to extend three
existing culverts on an UT to the Cane River. Total culvert extensions will be 70 linear feet.
The culverts will be installed to insure aquatic life passage within the streams.
11. List the type of equipment to be used to construct the project: Excavator, backhoe, and
trucks.
12. Describe the land use in the vicinity of this project: Rural, wooded, homes.
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.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No no future plans
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
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 Type of Impact* Area of Located within
** Distance to
***
Site Number Impact 100-year Flood lain Nearest Stream Type of Wetland
Page 3 of 8
indicate on ma acres es/no linear feet
N/A
oa ..lo -,I;no fill
* List each impact separately and identify temporary impacts. Impacts include, out are nut Hunted to: ,,,?..."1.- . -.51 1--.11 ..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 http://www.fema.aov.
*** 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: 0.0
Total area of wetland impact proposed: 0.0
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)
26+44 Culvert 25 UT to Cane River 2 ft P
42+52 Culvert 20 UT to Cane River 2 ft P
48+20 Culvert 25 UT to Cane River 2 ft P
1' : d i erts d associated A -ra
* List each impact separately and identify temporary impacts. Impacts include, but are not smite to. cu v an p p,
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
www.uses.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mai)guest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 70 feet.
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 map)
N/A
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
1: ;.-A t..• fill --atinn dri-dain0_
* List each impact separately and identity temporary impacts. impacw uwiuuc, UUL alC ,_.._
flooding, drainage, bulkheads, etc.
4. Pond Creation - N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
The existing secondary road must be improved to meet current safety standards for paved
roads The culvert extensions requested are the minimum necessary to establish an appropriate
tyj2ical section for the roadway. Riparian vegetation will be established on disturbed areas
associated with the ro'ect construction.
VIII. Mitigation - N/A
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
Page 5 of 8
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/strmaide.html.
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,'wm/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X 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 X
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) - N/A
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 X 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 teet perpenuicuiar nom near oanx V1 wadditional 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.
The existing compacted gravel roadway acts as an impervious surface. Paving of the roadway
should eliminate sedimentation from fines associated with gravel surface treatment. The
roadway surface will be 40% of right of wa acreage Stormwater will be diverted through
settling basins or ass lined buffers prior to entering the streams.
XII. Sewage Disposal (DWQ Only)- N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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).
With regard to hazardous spill basins the road is not classified as an arterial route therefore
hazardous Mill basins are not required.
7 /?- //v
Applioint/Agent's Si#iature
(Agent's signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
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Name: BURNSVILLE Location: 035° 55' 17.50" N 082° 21'22.29" W ,
I Date: 7/22/2004 Caption: SR 1378, Duncan Road
Scale: 1 inch equals 1000 feet Yancey County, NC
------- - :I
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Figure I.I. SR 1378, Station 26+44, LT, Yancey County, NC.
Figure 1.2. SR 1378, Station 42+52, CT, Yancey County, AC.
Figure 1.3. SR 1378, Station 48-20, tT, Yancey Count, \C.
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT: SR 1378 Duncan Rd.
LOCATION: From SR 1377 to End of Maint.
WORK TYPE: Grade, Drain, Base, and Pave
WORK ORDER: PRIORITY: 26
COUNTY: Yancey TOWNSHIP: Jack's Creek
DATE: 7-09-04 SCALE:
NOTES: 45' R/W
.75 mi
PREPARED BY: ' JPR
PIPE DATA SR. 1378 DUNCAN RD.
County:
YANCEY WORK ORDER
STATION PRESENT
SIZE PROPOSED
SIZE NOTES
10+18 40'x15" CMP 40'x18" CMP Replace Cross Pipe
11+50 20'x15" CMP 20'x15" CMP Replace Driveway Pipe
14+28 20'x18" CMP 50'x18" CMP Replace Cross Pipe
17+40 50'x18" CMP Proposed Cross Pipe
21+85 50'x18" CMP Proposed Cross Pipe
26+44 25'x48" CMP 50'x48" CMP Replace Cross Pipe
26+61 20'x15" CMP Proposed Driveway Pipe
26+76 20'x48"CMP Driveway Pipe
28+95 50'x18" CMP Proposed Cross Pipe
32+22 20'x15" CMP 50'x18" CMP Replace Cross Pipe
32+24 20'x36" CMP ,06" CMP Replace Driveway Pipe
33+70 15'x36" CMP Driveway Pipe
33+73 20'x8" CMP 20'x15" CMP Replace Driveway Pipe
35+54 90'x18"
CMP/HDPE 50'x18" CMP Replace Cross Pipe As Needed
35+67 33'X30"HDPE/
METAL Driveway Pipe
36+35 50'x18" CMP Proposed Cross Pipe
38+47 20'x15" CMP 50'x18" CMP Replace Cross Pipe
39+51 40'06" CMP Driveway Pipe
42+52 30'00"CMP 50'x36"CMP Replace Cross Pipe
43+90 50'x18"CMP Proposed Cross Pipe
45+26 30'x18"CMP 50'x18"CMP Extend 20'Cross Pipe
47+33 20'x36"CMP Driveway Pipe Off R/W
48+20 25'x24"CMP 50'x36"CMP Replace Cross Pipe
STATE OF NORTH CAROLINA
DIVISION OF HIGHWAYS
EROSION SYMBOLS
D # DESCRIPTION
5.03 TEMPORARY SILT DITCH ---------------------------------------- TSD
5.05 TEMPORARY DIVERSION ---------------------------------------
-------
TEMPORARY SILT FENCE ---------------------------------------------
0.05 TEMPORARY SLOPE DRAIN WITH EARTH BERM ----------------- ---
5.01 SILT BASIN TYPE A --------------------------------
5.02 -------------------------------
SILT BASIN TYPE B ----------------------------------- - 0
---------------------------
TEMPORARY ROCK SILT CHECK TYPE A ------------------------------
5.10 TEMPORARY ROCK SILT CHECK TYPE B ------------------------------- - )?,
2.01 TEMPORARY ROCK SEDIMENT DAM TYPE A ----------------------- .
2.02 TEMPORARY ROCK SEDIMENT DAM TYPE B ------------------------ - CD
7.01 ROCK PIPE INLET PROTECTION ----------------------
1.01 ROCK SILT SCREEN --------------
---------------------- -
5.04 STILLING BASIN -------------------------------------
--------------------------------
-
3.01 RIP RAP ---------------------------------------------
--------------------- RR
DITCH LINER -----------------------------------------------------------
ENVIRONMENTALLY SENSITIVE AREA-----------------------------.
PIPE OUTLET ENERGY DISSAPATOR------------------------------------
" J
EROSION CONTROL MATTING ----------------------------------- ECM
FIBER GLASS ROVING ----------------------=------------- z ------------ FGR
SILT CHECK DAM TYPE--A ----------------------------------------------------- O
SILT CHECK DAM TY-PE--B-------------------------------------------------------
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