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HomeMy WebLinkAbout20061582 Ver 1_Complete File_20061017it p?pF wATF,4pG Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ? -? Alan W. Klimek, P.E. Director OCn Division of Water Quality o FNq, .9 s?'tOS ql<c,? ?Op6, 7T, October 17, 2006 D U Henderson County Rql, DWQ Project No. 061582 NCSR 1114A (Pinnacle Mountain Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts for the purpose of making improvements to NCSR 1114A, Pinnacle Mountain Road in Henderson County: Stream Impacts in the Broad and French Broad River Basins Site Permanent Fill in Intermittent Stream (linear ft) Temporary Fill in Intermittent Stream (linear ft) Permanent Fill in Perennial Stream (linear ft) Temporary Fill in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation linear ft Site 1 15 15 Site 2 0 0 Site 3 20 20 Site 4 20 20 Site 5 10 10 Site 6 15 15 Total 80 80 Total Stream Impact for Project: 80 linear feet. The project should be constructed in accordance with your application dated October 2, 2006 (received October 3, 2006), including temporary dewatering and the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3404. This Certification corresponds to Nationwide Permit Number 14 issued by the U.S. Army Corps of Engineers. In addition, you should 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. 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 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 certificationland any additional condilions listed below. No carolina ,aturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Internet: www.ncwaterquality.org Phone (828) 296-1500 Customer Service FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. October 17, 2006 Page Two 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 4. Placement of culverts and other structures in waters, streams and wetlands, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48-inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48-inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, streambeds or banks, adjacent to, or upstream and down stream of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-11), 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 prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 8. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 9. Any 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. Riprap should not be place in the active thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 10. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. Mr. J. B. Setzer, P.E. October 17, 2006 Page Three 11. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 12. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement. 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures should be used to prevent excavation in flowing water. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15. If concrete is used during construction (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 possible aquatic life and fish kills. 16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 17. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws arc not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 19. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. 20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. 21. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604. 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, Ailan W. Klimek, Y.E., Director Division of Water Quality cc: Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental David Baker, USACE Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office Staff Report Project Num: 20061582 Version: 1 Status: Received Name: NCDOT- SR 1114A Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: UT Green Creek, UT to Tuxedo, UT to Freeman Creek, and UT to Greer Creek Latitude: +35°14'27" Longitude: -82°26'20" SW Plan Location: Owner: NC DOT Division 14 - Horse Shoe Contact Person: Tippett, Lyndo Title: Phone: Inspection Date: 10/10/2006 Entry Time: 02:20 PM Exit Time: 03:10 PM Reason for Inspection: Routine Inspection Type: Staff Report On-Site Representative(s): Primary Inspector: Michael R Parker Secondary Inspector(s): Phone: 828-296-4500 Question Areas: 0 Site Visit Inspection Summary: DOT is proposing to grade, widen and pave NCSR 1114A, Pinnacle Mountain Road. This proposed work will require extension of five (5) existing stream crossings and replacement of one strean crossing. Total impact will be 80 linear feet of new pipe. It is recommended that WQ Certification No. 3404 be issued. The 401 Certification was issued on October 17, 2006. Page: 1 Project Num: 20061582 Owner: NC DOT Division 14 - Horse Shoe Inspection Date: 10/10/2006 Inspection Type: Staff Report Reason for Visit: Routine Site Visit Do impacts described in the application differ those seen in the field? If yes, please describe differences: Are the Intermittent/Perennial calls different in the application? If yes, please describe differences, and how mitigation ratios are affected: Are there additional impacts not described in the application? If yes, please describe and quantify: Were the impacts in place prior to the application for the 401 Certification? Additional conditions recommended for the Certification: Recommended project modifications: Is this a modification request to an existing Certification? Are there additional stromwater conditions that should be required due to the following classifications # 303(d)list, Class WS, NSW, ORW, HQW Describe: Is this a subdivision or otherwise part of a larger project? # If yes, what phase is this? Are there prior impacts from prior phases? If yes, what are the cumulative imacts for this project? Possible secondary impacts noted: Comment: ?¦?? ?¦?? ? ¦ ? ? ? ¦ ? ? ? ¦ ? ? ? ¦ ? ? ? ? ¦ ? ??¦? Page: STATE u STATE of NORTH CAROLINA On, *&-;Jl gNpsT 1 ?kOp 6 ?,;,yq?Re DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY October 2, 2006 Mr. David Baker, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers r''? 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 `°'' Subject: Nationwide 14 Permit Application SR 1114A, Pinnacle Mountain Road Henderson County State Project # 14C.045068 (DWQ Minor Permit Fee $200.00) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, drain and pave SR 1114A, Pinnacle Mountain Road, in Henderson County. This proposal entails widening and paving the existing gravel road to a standard 20-foot roadway. The work is necessary to improve safety and reduce maintenance costs. Funds have been allocated for this project and NCDOT would like to perform this work during the 2006-07 paving season. Pinnacle Mountain Road is a secondary gravel road, which conveys only local traffic. I am enclosing a PCN, 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, drawings for the pipe culvert replacements as well as a marked county and USGS quad map. For clarification, it should be noted that the project follows the approximate ridgeline of the Tennessee Valley Divide and involves portions of two river basins. Site Site 1 Name UT to Green River, Lake Summit Classification DWQ Class B Tr Basin Broad Site 2 UT to Unnamed Tributary # 2 at DWQ Class C Tr HQW Broad Tuxedo Site 3 UT to Freeman Creek DWQ Class C Tr. Broad Site 4 UT to Freeman Creek DWQ Class C Tr. Broad Site 5 UT to Freeman Creek DWQ Class C Tr. Broad Site 6 UT to Greer Creek DWQ Class B French Broad Mr. David Baker Page 2 - SR 1114A, Henderson County October 2, 2006 The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records for threatened or endangered species for the unnamed tributaries of Greer Creek, Freeman Creek, Unnamed tributary #2 at Tuxedo or the unnamed tributary to Green River, Lake Summit. There are no records of threatened or endangered species for any of the referenced watersheds. The unnamed tributaries are small (1-2 feet wide) and do not have sufficient flow to support mussels and are not likely to support fish. The impacts from the culvert replacements will be minimal. For these reasons, there will be "no effect" on threatened or endangered species. The State Historic Preservation Office (SHPO) and the Office of State Archaeology has reviewed the project and found that the project will not adversely affect cultural resources. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all sedimentation control measures during installation to ensure sedimentation is being effectively controlled. If the planned devices are not functioning as intended, they will be replaced immediately with better devices. The sedimentation control devices will be in place prior to pipe culvert removal and will remain in place until the new pipe is in place. Impacts to Waters of the United States The unnamed tributaries are small and are not shown on the USGS topographic map at the project site. All of the streams appear to have perennial flow. The channels are well defined and composed of sand and gravel. The channels lack vegetation. For these reasons, we believe these streams are under the jurisdiction of the U.S. Army Corps of Engineers. In order to replace these culverts, it will be necessary to impact waters of the United States in the French Broad River Basin and the Broad River Basin. Specifically, NCDOT is requesting to replace six metal culverts in unnamed tributaries to Greer Creek (DWQ Class B), Freeman Creek (DWQ Class C Tr), Unnamed Tributary #2 at Tuxedo (DWQ Class C Tr HQW) and Green River, Lake Summit (DWQ Class B Tr). Listed below is a summary of the proposed impacts. Site No. & Station Existing Condition Proposed Condition Net Impacts Site 1 - Sta. 36+60 35'x 24" CMP 50'x 30" CMP 15 Site 2 - Sta. 52+22 70'x 30" CMP 70'x 36" CMP 0' Site 3 - Sta. 75+29 25'x 18" CMP 45'x 24" CMP 20' Site 4 - Sta. 83+78 25'x 24" CMP 45'x 24" CMP w / headwalls 20' Site 5 - Sta. 96+20 35'x 24" CMP 45'x 24" CMP w / headwalls 10' Site 6 - Sta. 196+50 O' x 18" CMP 45'x 24" CMP 15' i otai impact oU III ea ICCI i Au Mr. David Baker Page 3 - SR 1114A, October 2, 2006 Permits Requested Henderson County 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. By copy of this letter, I am requesting authorization to proceed under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). By copy of this letter, I am requesting that Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment on this project. Temporary encroachment into the buffer zone of the UT to Green River, Lake Summit (Sta. 75+40 - Sta. 79+10 and Sta. 83+78 - Sta. 85+00) will be required on this project. The UT is classified as trout. A buffer variance will be requested. If you have any questions or need additional information, please contact Lori Jones or me at (828) 891-7911. Sincerely, ??Z t Mark Gibbs, P.E. District Engineer Enclosures cc: Mr. John Hennessy, DWQ, DENR, Raleigh (7 copies) Mr. David McHenry, Mountain Region Coordinator, NCWRC Mr. Mike Parker, DWQ, DENR Mr. J. B. Setzer, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Mr. Steve Cannon, P.E. Henderson County Maintenance Engineer, NCDOT File W A T FRQ ?O "P ,ima,_ , o -c Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401, General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules SR 1114 A - Pinnacle Mountain Road Henderson County NCDOT Division 14 Office Use Only: Form Version May 2002 229c?d?5g?z USACE Action ID No. DWQ No. (If anv narticular item is not aoolicable to this proiect, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 & NW 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: 4142 Haywood Rd Horse Shoe NC 28742 Telephone Number: 828-891-7911 E-mail Address: 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: Mark T. Gibbs P.E. Company Affiliation: North Carolina Department of Transportation Mailing Address: 4142 Haywood Rd Horse Shoe NC 28742 Telephone Number: 828-891-7911 Fax Number: 828-891-5026 E-mail Address: mgibbs(cdot state nc us Fax Number: 828-891-5026 Page I of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: SR 1114A Pinnacle Mountain Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Henderson Nearest Town: Tuxedo (Henderson Co.) Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Tuxedo, travel north on NC 225 to the intersection with SR 1114. Turn left on SR 1114. Go 3,660 feet to Site 1. Site 2 is located 1562 feet from Site 1 Site 3 is 2,307 feet past Site 2 Site 4 is 849 feet past Site 3 Site 5 is 1,242 feet past Site 4 Site 6 is 10,036 feet past Site 5. The project continues up SR 1114 for an additional 3,279 feet beyond the site to the end of the project at the intersection of SR 1114 and SR 1115. 5. Site coordinates, if available (UTM or Lat/Long): Site 1: 35.24361° N: 82.43278° W Site 2: 35.24222° N 82.43361° W Site 3: 35.24083° N 82.43889° W Site 4. 35 24111° N 82.44028° W Site 5:_35.24167° N : 82.44333° W Site 6: 35.24111 ° N 82.46583° 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. Property size (acres): N/ 7. Nearest body of water (stream/river/sound/ocean/lake): Greer Creek (DWQ Class B), Freeman Creek (DWQ Class C: Tr) and Unnamed tributary#2 at Tuxedo (DWQ Class C Tr HQW) and an UT to Green River Lake Summit (DWQ ClassB Tr) Page 2 of 8 River Basin: French Broad and Broad River Basins (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/.) 8. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Residential Describe the overall project in detail, including the type of equipment to be used: The existing deteriorating pipes will be excavated and replaced. Crosspipes will be replaced/extended to accommodate standard shoulder widths for safety. The road will be widened and paved A backhoe loader, dump truck and standard hand tools will be used to complete this work - 9. Explain the purpose of the proposed work: To widen grade drain and pave an existing substandard road to meet current NCDOT secondary road standards. 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 pen-nits issued for prior segments of the same T.I.P. project, along with construction schedules.* N/A 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. N/A 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 (internlittent 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. Page 3 of 8 1. Provide a written description of the proposed impacts: In order to construct the project in accordance with our current secondary road standards it will be necessary to replace six culverts in small perennial streams Tnr1ivMiinl1v lict wntlanri impacts, below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A •s• g, List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, floodin 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 (FENIA) Flood Insurance Rate Maps (FIRM). or FEMA-approved la al floodplain maps. Maps are available through the FEMA Map Service Center at 1-S00-353-9616, or online at Imp ' www.fema.eov. List a wetland type that best describes wetland to be impacted (e.g.. freshwater; saltwater marsh, forested wetland, beaver pond, Carolina Bay. bag, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 3 Individually list all intermittent and erennial stream im acts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact Stream Name** of Stream Before Intermittent? indicate on ma) Impact* linear feet) Impact (please secif ) Site 1 Culvert 15 UT to Green River 1' Perennial UT to Unnamed Site 2 Culvert 0 Tributary # 2 at 1' Perennial Tuxedo Site 3 Culvert 20 UT to Freeman Creek 2' Perennial Site 4 Culvert 20 UT to Freeman Creek 1' Perennial w/ headwalls Site 5 Culvert 10 UT to Freeman Creek 1' Perennial w/ headwalls Site 6 Culvert 15 UT to Greer Creek 1' Perennial * List each impact separately and identify temporary impacts. impacts mctuae, our are nor tunncu tu: curvnrn dui assoclaLc.. "p-P, "•••, s?-,....... 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 1-800-353-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www topozone.ccnn, www.1n,1P ueSt.COm, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 80 Linear Feet Page 4 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of ?Vaterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Water will be diverted during the installation of the pipe to minimize sedimentation. The pipe will be placed below the stream bottom to minimize fragmentation of aquatic habitat. 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http•//h2o enr state nc us/ncwetlands/stnn,gide.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 Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP 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): 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 Page 6 of 8 VIII. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? 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 I 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 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Page 7 of 8 X. Stormwater (required by DWQ) 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. N/A XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XII. Violations (required by DWQ) 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 XIII. 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). ;/Z/ At- cle9 Applicant/Agent's Signature /Date` (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 Site # 1 Sta. 36+60 Coordinates 35.24361° N 182.43278° W SR 1114A Pinnacle Mountain Road Henderson County Existing & Prop. Center Line 2 --------- ------------- ------------ --------- 1 Oulet Invert Elev. Replace Existing 35', 24" CMP Inlet Invert Elev. 988.6 with 50', 30" CMP 991.4 Thalwegs Approximately 20' from shoulder of existing road 1 996.0 2 989.6 See plans for erosion control * Drawing not to scale Site # 2 Sta. 52+22 Coordinates 35.24222° N 182.43361° W SR 1114A Pinnacle Mountain Road Henderson County Existing & Prop. Center Line -------- 2 -------------- ----------- 1 ---------- Oulet Invert Elev. Replace Existing 70', 30" CMP Inlet Invert Elev. 988.0 with 70', 36" CMP 995.0 Thalwegs Approximately 20' from shoulder of existing road 1 997.8 2 985.0 See plans for erosion control * Drawing not to scale Site # 3 Sta. 75+29 Coordinates 35.24083° N / 82.43889° W SR 1114A Pinnacle Mountain Road Henderson County Existing & Prop. Center Line 2 --------- ------------- ------------ --------- 1 Oulet Invert Elev. Replace Existing 25', 18" CMP Inlet Invert Elev. 994.3 with 45', 24" CMP 994.7 Thalwegs Approximately 20' from shoulder of existing road 1 995.6 2 994.2 See plans for erosion control ` Drawing not to scale Site # 4 Sta. 83+78 Coordinates 35.24111° N / 82.44028° W SR 1114A Pinnacle Mountain Road Henderson County Existing & Prop. Center Line 2 -------- ----------- -------- - ----------1 -- - Oulet Invert Elev. Replace Existing 25', 24" CMP Inlet Invert Elev. 990.8 with 45', 24" CMP w/ headwalls 990.6 Thalwegs Approximately 20' from shoulder of existing road 1 992.4 2 986.0 See plans for erosion control ' Drawing not to scale Site # 5 Sta. 96+20 Coordinates 35.24167° N / 82.44333° W SR 1114A Pinnacle Mountain Road Henderson County Existing & Prop. Center Line 2 ---------------------- ------------ 1 --------- - Oulet Invert Elev. Replace Existing 35', 24" CMP Inlet Invert Elev. 991.8 with 45', 24" CMP w/ headwalls 994.0 Thalwegs Approximately 20' from shoulder of existing road 1 995.3 (discharge from pond) 2 989.0 See plans for erosion control ' Drawing not to scale Site # 6 Sta. 196+50 Coordinates 35.24111° N / 82.46583° W SR 1114A Pinnacle Mountain Road Henderson County Existing & Prop. Center Line 1 ---------------------- ------------ 2 --------- Inlet Invert Elev. Replace Existing 30', 18" CMP Oulet Invert Elev. 998.5 with 45', 24" CMP 996.8 Thalwegs Approximately 20' from shoulder of existing road 1 999.5 2 992.6 See plans for erosion control " Drawing not to scale ? 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