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HomeMy WebLinkAbout20051266 Ver 1_Complete File_20050713imap:Hrob.ridings%40dwq.denr.ncmai1.net @cros.ncmail.net:143/fet... Subject: Re: [Fwd: Re: 051266 (and 051265)] From: Sue Homewood <Sue.Homewood@ncmail.net> Date: Tue, 28 Feb 2006 16:15:35 -0500 To: John Hennessy <john.hennessy@ncmail.net> CC: Rob Ridings <rob.ridings@ncmail.net> So Rob, I guess that means maybe enter the date into BIMS that you normally would for issuance of a non-written concurrence. And there's a current one I have that's also a 13, less than 500 feet, not for mitigation, so no written conc. sue On 2/28/2006 4:00 PM, John Hennessy wrote: The simple answer on the 13 is that it depends on what is being done and what the purpose of the project is. If it is wetlands for mitigation, then it requires written concurrence. If it is wetlands that are not for mitigation then it does not. Same for streams. if they use it for stream bank stabilization, then impacts over 500 trigger written concurrence. As far as what to do with the existing. File them. If it required written concurrence, send a waiver letter. If not, file and report in BIMS only. Hope this helps. Sue Homewood wrote: hey, somehow i've gotten all confused about NW 13s. (see my email to rob below). i didn't realize that DOT had not marked courtesy copy and paid on the two from last year. if i should be issuing written conc. for NW13s, then how do you want me to handle these 2 that are WAY past the 60 day mark? I'm sure the work is done. should Rob just put the 60 day date in BIMS as issued by statutory deadline? sorry. -------- Original Message -------- Subject:Re: 051266 (and 051265) Date:Fri, 24 Feb 2006 15:18:39 -0500 From:Rob Ridings <rob.ridings@ncmail.net> Organization:NC DENR DWQ To:Sue Homewood <Sue.Homewood@ncmail.net> References: <43FC7 D2B. 7030408@ncmail. net> <43FF6623.7040904@ncmail.net> Sue, Beats me, I'm afraid. I've read the GC3495 many times over the years and I'm still clueless about that, to be honest! But, since the PCN did not have "courtesy copy" checked off, and they included the full fee information, I simply assumed they needed it. Thus, I sent it your way. 1 of 2 2/28/2006 4:27 PM imap://rob.ridings%40dwq.denr.ncmai1.net @cros.ncmai1.net:143/fet... Also ...there's another one. 051265 (SR 1140, Watauga) was also applied for the same day, also for a NW 13. I sent it over the same day, presumably. So, since they did pay, my guess would be these two will at least need waivers? Let me know what you decide to do. rob PS- This project got my attention because they applied for another NW13 for NC 194 in Watauga. I didn't give it the same number as the other one since it's on a different stretch of roadway. (060269). So keep an eye out for it! -r Sue Homewood wrote: i apparently never issued one. i thought that a NW 13 didn't require written concurrence unless it was in a buffer basin or greater than 500 ft. am i totally missing something? On 2/22/2006 10:03 AM, Rob Ridings wrote: Sue, Did you issue #051266 in Watauga County? for that one. If so, could you get another copy sent? Thanks, rob Sue Homewood <Sue.HomewoodC NCmail.net> NC DENR WSRO I don't think I ever received a copy of the 401 2 of 2 2/28/2006 4:27 PM 9 STATE OF NORTH CAROLINA or Npsq R. K X00 Nps? TFR S DEPARTMENT OF TRANSPORTATION -"WRa MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT x'09 GOVERNOR PHONE: 919-733-2520 SECRETARY July 8, 2005 Mr. John Thomas U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 0 A-lo Raleigh, NC 27615 Subject: Nationwide Permit #13 NC 194, shoulder failure Watauga County, North Carolina Project Number: 11.10911 (DWQ Permit Fee: $200) Dear Mr. Thomas: A small section of the roadway shoulder on NC 194 has failed. After a site visit, it appears that the failure was due at least in part to the erosive forces of Rittle Fork Creek (Class: C;Tr+), which is located at the toe of the failed slope. In order to adequately build the shoulder back at this location, we are proposing to place 60 linear feet of clean, class II stone at the base of the slope, extending to the streambed. The class II will be on the bottom, topped with class B and ABC up to the road shoulder (see attached schematic). OVERALL TOTAL STREAM IMPACT: 60 linear feet Attached is a Preconstruction Notification Form, a plan view sheet, a marked county map, a marked topography map and photographs. If further information is required, please let me know. F Sincerely, Staci Hining Division Environmental Specialist P. O. Box 250, N. WILKESBORO, NC 28659 NIONE (336)667-9111 FAX (336)6674549 Mr. John Thomas NC 194 shoulder failure, Watauga Page 2 July 8, 2005 Enclosures cc: John Thomas, US Army Corps of Engineers (1 additional copy) Ron Linville, Western Piedmont Region Coordinator, NCWRC John Hennessy, Division of Water Quality (7 copies) Sue Homewood, Division of Water Quality Mike Pettyjohn, PE, Division Engineer Kipp Turner, PE, District Engineer Kevin Whittington, County Maintenance Engineer Heath Slaughter, Division Environmental Officer Neil Trivette, Roadside Environmental Field Operations Engineer Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 2 0 0 5 1 2 6 8 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW #13 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: North Carolina Department of Transportation -- Mailing Address: P. O. Box 250, North Wilkesboro NC 28659 Telephone Number: (336) 903-9203 Fax Number: (336) 667-4549 E-mail Address: sshining@dot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Staci Hining Division Environmental pgcialist Company Affiliation: North Carolina Department of Transportation Mailing Address: P. O. Box 250, North Wilkesboro NC 28659 Telephone Number: (336) 903-9203 Fax Number: (336) 667-4549 E-mail Address: sshining@dot state nc us D JUL 1 3 ?oo. DENR Page 3 of 11 WETLANDS AND WATER QUALITY DRMWATER BRANCH 111. 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 I1 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: NC 194, shoulder repair _ 2. T.I.P. Project Number (NCDOT Only): 11.10911 3. Property Identification Number (Tax PIN): N/A 4. Location County: Watauga Nearest Town: Meat Camp Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): on NC 194, 2000 ft south of SR 1335 See attached SR map. 5. Site coordinates, if available (UTM or Lat/Long): DD: 36.30384° N, 81.64994° 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: Forest/Residential 7. Property size (acres): Approximately 007 acres. 8. Nearest body of water (stream/river/sound/ocean/lake): Rittle Fork (Class: C, Tr+). 9. River Basin: New River (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/aclmin/mapti/.) 10. Describe the purpose of the proposed work: Repair failed roadway shoulder. Page 4 of I 1 11. List the type of equipment to be used to construct the project: Trackhoe/backhoe and dump 12. Describe the land use in the vicinity of this project: Forest/Residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any 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: 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 (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 Page 5 of I I Site Number indicate on ma Impact acres 100-year Floodplain** es/no Nearest Stream linear feet "Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limit cxl to: mechanized clearing, grading, fdl, 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 (FF,MA) Flood Insurance Rate Maps (FIRM), or FF.MA-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or online at I ttvJ/\%\%?N.Icma *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, (brested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 'T'otal area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of - ---------- Average Width of ----- - Perennial or Site Number "Type of Impact* Impact Stream Name** Stream Before Intermittent? (indicate on map) (linear feet) Impact (please specify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), 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 tributay) 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 w\%NN.u o%,. Several Internet sites also allow direct download and printing of USGS maps (e.g., .\N_lrn.tqjwi.onc.com, \%\Vw;nugP(1uestcom, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number Type of Impact* of Impact Impact W at Name Type of Waterbody (lake, pond, estuary, sound, indicate on ma (acres) ble) (if plicable) applicable) bay, ocean, etc. NC 194 shoulder Rip Rap for slope 0.004 Rittle Fork Stream repair protection (60 linear Feet) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 6 of I I 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.): 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 constriction to reduce impacts. The roadway shoulder on NC 194 at this site has failed. The proposed repairs are necessary in order to maintain a safe roadway. All appropriate BMPs will be used during construction. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. 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 htto1/h2o_enr.state, nc_us/ncwetlands/string de_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 Page 7 of 11 r, and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at I ttD_//112o.enr_st.ite_nc.tis/NNrp/iiidex.litm. 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): To be determined by the C_OE Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Page 8 of I I 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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 tart perpendicular ?rom near rranK or cnanner LOne L CMCHU'i uu additional 20 feet Gum the edge of Zone I. 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 213.0242 or.0260. N/A 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. Impervious surface area will not increase XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Page 9 of 11 1 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 X No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 711t Applicant/Agent's Signature d Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Ircdell Mitchell US Anny Corps of Engineers Wilkes Clay Jackson Polk 151 Patton Avenuc Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville. NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alanaance Durl>iun Johnston Rockingham US Army Corps Of Engineers Alleglaany Edgeconabc Lee Stokes 6508 Falls of the Neuse Road Ashc Franklin Nash Sum' Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatha n Granville Orange Wake Telephone: (919) 8761-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davic Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertic Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington. NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquinaans Pitt Ti rrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 10 of I 1 !I L / N -` y, i ? to -! J`r Y?, }' ? i?NV [. - _ IN l 1 I: Ic -_?_??- LO_ _ v_%? arai ? uvm I:..?, e....re.m ? e?• w , ! r ? Imo. e i i Im" it =1? y~ I ~ ` I? I? ? I: p oi J \- - '?? Y 03 -,;? °•I - a.° o ?? ?o?'I Na ??? ?• n ---?? S .r? o g? - / m y ° • °o A / I Im ? _?_? ?? • ? 3? er •s `' \ l ?-' - I ?•• / _.-. u'? ?r,L 'i-? ! \ `' •?F t ' u \ y r?MO.'NiPlll C'T'trNN c jr? I? ? ? ? _" _, I? ?? ,?? ? ? ?,_ _ a 1 L h ;?y I?, - to ,? • ? to - ?? / 13 41 e5 1;Y uNe li I N 17 f_ :Q )jr Is V ?? I I° Im o LA m ° I? ?,,'- Ir I? W la / y e I.- u I ,t? 1 II 1 I ,t t? ` I' . ?? 1343 29-J Shoulder Failure / . - on NC 194 1 it - ••` 1• ? 1 I ? 1 1 ? 1 Old Hewe ert? ?.. _ ??..?. Cht?rC h (I 1,? M CD 294 Copyright (C) 1998, Maptech, Inc I s "? ?S y ` ??i1Sa Shoulder Failure along NC 194 & Rittle Fork C intersection with SR 1335, Watauga. t r` is A `x about 2000 ft. south of NC 194's i ? II i CLAD NC 194 RITTLE FORK (CREEK) INDEX 10-1-10-4 CLASSIFICATION C:TR:+