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HomeMy WebLinkAbout20110255 Ver 1_Application_20110317 STATE OF NORTH CAROLINA 'DS??wq ?pl! ayosr???? DEPARTMENT OF TRANSPORTATION ?+ry BEVERLY EAVES PERDUE EUGENE A. CONTI, JR. GOVERNOR SWRLIARY March 14, 2011 Ms. Lori Beckwith, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 1 02 5 5 Asheville, NC 28801-2714 01 Subject: Nationwide 14 Pernut Application Replace Bridge No. 176 on SR 1387 over lotla Creek Macon County State Project No. 14B.205611 (DWQ Minor Permit Fee $240.00) Dear Ms. Beckwith: The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 176 on SR 1387, Olive Hill Road, over Iot1a Creek in Macon County, The existing timber bridge needs to be replaced due to deterioration and insufficient width. The proposed replacement structure will be a 96" x 40' aluminum culvert with aluminum headwalls on a 70 degree skew. The bridge will be closed for the duration of the project because a short detour route exists. The culvert will be buried one foot below the stream bed to help maintain aquatic habitat connectivity. An impervious dike will be installed and the water pumped around the site as needed to maintain a work area as dry as possible while the pipe is set in place. The North Carolina Natural Heritage Database was checked for records of threatened or endangered species. There are no records listed in the database for the immediate vicinity of the culvert site. However, there is a record for the spotfin chub (Erimonnr nronachus), a federally threatened fish, within lotla Creek approximately 3.0 miles downstream of the culvert site. Additionally, there are records within the Little Tennessee River in the immediate vicinity of the confluence of lotla Creek for thespotfin chub and the Appalachian elktoe (Alasmidonta raveneliana), a federally endangered freshwater mussel. The records near the mouth of lotla Creek are approximately 4.2 miles downstream of the culvert site. The removal of the existing bridge and replacement with the culvert with headwalls should have minimal impacts. Because this structure has aluminum headwalls, the pipe length will be minimized and the potential for erosion and sedimentation from the road fill is reduced Bridge 176; Macon County March 14, 2011 { significantly. For these reasons, we believe there will be "no effect" on threatened or endangered species. The project will take place at an existing bridge site within the existing road footprint; therefore, we believe there will be no effect on cultural resources. NCDOT best management practices will be used to minimize and control erosion and sedimentation on this project. The construction foreman will review all erosion control measures daily to ensure that erosion and sedimentation is being controlled effectively. If the devices are not functioning as intended, they will be replaced immediately with better devices. Impacts to Waters of the United States lotla Creek (DWQ Class: C) is shown on the USGS topographic map as a perennial stream. The stream has a well-defined channel with a substrate of primarily sand and gravel and lacks vegetation. The stream channel near the bridge is over widened, but the typical channel upstream of the bridge appears to be about six feet. Iotla Creek flows approximately 4.2 miles to the Little Tennessee River. The Little Tennessee River meets the definition of a Traditional Navigable Water. For these reasons, we believe that lotla Creek is a Relatively Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States in the Little Tennessee River Basin. Specifically, NCDOT is requesting to replace Bridge Number 176 with an aluminum pipe with aluminum headwalls. Listed below is a summary of the proposed impacts. Site No. Station Existing Condition Proposed Condition Net Impacts Sit I Free Flowing Stream 96" x 40'aluminum culvert with ' e With Spanning Su•ucture aluminum headwalls 40 Site IA Free Flowing Stream Flow Diversion 75' TotalpPermanetit'Impact' X40; Total Temporary Impacts for Impervious Dike and Flow Diversion 75' 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. Bridge 176, Macon County March 14, 2011 I am also 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, lam asking Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning. this permit request. If you.have any questions or need additional information, please contact Mr. Matt Williams at (828) 497-7953 or me at (828) 586-2141. Your early review and consideration will be greatly appreciated. Sincerely, Owen F. Anderson Division Environmental Specialist cc: Mr. Brian Wrenn, DWQ, Raleigh (4 Copies) Mr. Mike Parker, DWQ, Asheville Regional Office Mr. Jason Mays, Biologist USFWS Asheville Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Chris Lee, Bridge Maintenance Engineer, NCDOT, Whittier Mr. Matt Williams, Transportation Technician III Mr. Mark Davis, Division Environmental Program Supervisor Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT o?&, W A rN? N ti t t tr0rr O Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction NotiFcation (PCN Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit lb. Specify Nationwide Permit (NWP) number: NW 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ®No id. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401. Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ®No 11. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ® Yes ? No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ® No th. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ®No 2. Project Information 2a. Name of project: Replacement of Bridge 176 on Olive Hill Road 2b. County: Macon 2c. Nearest municipality / town: Franklin 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 14B.205611 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Division Environmental Specialist 4b. Name: Owen Anderson 4c. Business name (if applicable): North Carolina Department of Transportation 4d. Street address: 253 Webster Road 4e. City, state, zip: Sylva NC 28779 4f. Telephone no.: 828-586-2141 4g. Fax no.: 828-586-4043 4h. Email address: ofanderson®ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 5b. Business name (it applicable): N/A 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Telephone no.: N/A 5f. Fax no.: N/A 5g. Email address: N/A B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): N/A 1b. Site coordinates (in decimal degrees): Approximate project center. Latitude: 35.21310 Longitude: -83.45680 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: toile Creek 2b. Water Quality Classification of nearest receiving water: toile Creek ( DWQ Class C) 2c. River basin: Little Tennessee Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Landscape is rural residential with a mixture of forested and open land. 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: To replace a deteriorating wooden spanning structure with an aluminum culvert with aluminum headwalls. 3e. Describe the overall project in detail, Including the type of equipment to be used: The traffic will be detoured and the old wooden structure will be removed. The new pipe will be assembled and the flow at the old bridge site will be diverted to provide a dry work area. The pipe will be installed Into the stream channel and flow diverted through the new pipe. The pipe will bebackfilled and the road and pavement reconstructed. Disturbed areas will be seeded and stabilized. Trucks, trackhoe, small crane, pumps, plastic pipe, sandbags, pumps and various hand tools will be used to accomplish the project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: N/A 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A Name (if known): N/A Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. N/A Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ?'Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 21b. 20. 2d. 2e. 2f. Welland impact Type of jurisdiction number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W l ? P ? T N/A N/A ? Yes ? Corps N/A ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts N/A 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Aluminum culvert lolla Creek ® PER ® Corps 6 40 w/ headwalls E:1 INT ® DWQ S1A ? P ® T Flow Diversion lotla Creek ® PER ? INT ® Corps ® DWQ 6 75 S2 ? P ? T ? PER ? Corps ? INT ? DWQ S2A ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 3h: Total stream and tributary impacts 40' 31. Comments: Total Temporary Impact for sandbag cofferdam and flow diversion is 75 linear feet. 4. Open Water Impacts If there are proposed Impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Tem orar T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ? P ? T N/A N/A N/A N/A 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts N/A 4g. Comments: N/A 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 N/A N/A N/A N/A N/A N/A N/A N/A P2 5f. Total N/A N/A N/A N/A N/A N/A N/A 5g. Comments: WA 5h. Is a dam high hazard permit required? ? Yes ? No if yes, permit ID no: 5i. Expected pond surface area,(acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ?Ter-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? Bt ? P ? T N/A N/A El Nos N/A N/A B2 ?P?T ?Yes ? No 83 ?P?T ?Yes ? No 6h. Total buffer impacts N/A N/A 6i. Comments: N/A D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. An aluminum culvert with aluminum headwalls is proposed to reduce the impact to the stream channel. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques . Water will be diverted around culvert sites or excluded from work areas during installation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ? No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this project? ® Payment to in-lieu fee program ? Permiltee Responsible Mitigation 3. Complete it Using a Mitigation Bank. 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 3c. Comments: N/A Page 6 of 10 PCN Form- Version 1.3 December 10, 2008 Version 4. Complete If Making a Payment to In-lieu Fee Program 4a. Approval letter from In-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ®cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non-riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permiltee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation?' ? Yes ®No 6b: If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 1.5 6f. Total buffer mitigation required: N/A 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: N/A Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ®No within one of the NC Riparian Buffer Protection Rules? lb. If yes, then is a diffuse flow plan included? If no, explain why. El Yes No ? Comments: N/A . 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Project is covered by individual NPDES Permit NGS000250 ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ?DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II 3b. Which of the following locally-implemented stormwaler management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ?No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HOW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federallstate) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ? Yes ®No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ®No additional development, which could Impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is project is limited to the replacement of a bridge structure. The rural secondary road is not being upgraded; therefore, the project is not expected to affect development patterns. 4. Sewage Disposal (DWQ Requirement) 4a. 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. N/A Page ) of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur In or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? N/A-There are no marine or estuarine communities within the Blue Ridge Province. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic,or cultural preservation ? Yes ? No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The project will occur at an existing NCDOT bridge site within the existing road footprint that has been disturbed previously; therefore, the project is not expected to affect cultural resources 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes N No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Owen F. Anderson ouo- 03/14/2011 Applicant/Agent's Printed Name pplicant/Agent's Signature Date (Agent's signature is valid only if an aulhodzatlon letter from the applicant is provided.) Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version Y W O U (If O O O C ?U C O° U C6 00 `') /rte /Y c O ti r O 0) W H Y '11)"ni itd a \ ? rO t'- I x bi \ op ,c f s4orV? ' `?J A? \? N o? o m 4nueJg Aiow13\ ti t?ohnfi? dr a O 1 a. 9stltU° / ($Q ( U ul xpo,ow O° ? \_srke lrninry Std ti 1 p, ` Ga i 1e G?? / / a c% 1 ?O?/so a 5( P? I S I°Jor 1 M m91 G'as r' e?0 a} l Ige?- ( ? qa I 5 b \ GEC 3 I, ?° I C, } GP J? Ro o creek °\ ° cup 1 ? ? ? `` i1Us Gov a U SI1 ?? P? onoa uosu+;) G t y ? o/ Now (Imoi6ulwn l I t? <W1\'d `mil ?I c v I '. Ilor 1 ?i lid I c ?- ?n mill r an 2. cy to .n 0 m 0 ? w ?o w z U r 0 ?Ep f0 Q 'o _ ie• c a m I I ® J B IM I cV Y LO 0 0 x Q) O N O N? 11. = O mU - C O U (S3 0 M Ir- U) C O (0 ti m` '` ` ,• /, ? '\ ,1 I ?.,T +r i' •I 1• .lei 1 ,?`, 14- • r ? r l ION v 0 W m 1 rn wn 2 E 0 V C Z N ? VI VS m , „ W W J r O 0 N O N_ O O Bridge 176 on SR 1387 over lotla Creek Bridge 176 Looking North lotla Creek Upstream of Bridge VI A;_ 176 lotla Creek Downstream of Bridge 176 i Looking Downstream Through Bridge 176 r rZlu:..`S' ?':f'?• . .- a .r • r r s• Looking Upstream Through Bridge 176 r - Unnamed Tributary Upstream of Bridge 176 LLI ._ D U O F a C, IC) O Of L .- :) (li Oj - CL. O rr N O Q)