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HomeMy WebLinkAbout20040366 Ver 1_Complete File_20040301?QF W A TFgp Michael F. Easley, Governor William G. Ross Jr., Secretary \O (? North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director O Division of Water Quality DWQ Project No.: ')?00 036C County: E04C60--k tsc Applicant: N(Do-r - Project Name: SA 13,)3 71o ZI Date of Issuance of 401 Water Quality Certificati : 7 /S Z on y 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 , 1, / 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 ap2-V 1 ecifcatios, and other supporting materials. Signature: Date: 9` Agent's Certification 1, , 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.onr.state.nc.us/ncwetlands/ 0 &` R F ?pF ?v t ?,4p Michael F. Easley, Governor William G. Ross Jr., Secretary `Q G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director O Coleen H. Sullins, Deputy Director Division of Water Quality March 19, 2004 Buncombe County DWQ Project No. 040366 SR 1393 (Hogeye Road) APPROVAL of 401 Water Quality Certification with Additional Conditions ?.. j; 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: You have our approval, in accordance with the attached conditions and those listed below, to impact 55 linear feet of Hogeye Branch and an unnamed tributary to Hogeye Branch (55 linear feet of new pipe) in order to make improvements to NCSR 1393 (Hogeye Road) in Buncombe County. The project must be constructed in accordance with the application dated February 26, 2004 (received March 1, 2004), including the environmental commitments made in the application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you must acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of 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. d. Any reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 59 Woodfin Place Asheville, N.C. 28801 Telephone: 828/251-6208 Fax: 828/251-6452 Customer Service: 1-877/623-6748 Mr. J.J. Swain, Jr., P.E. March 19, 2004 Page Two 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprii of the impacts depicted in the Preconstruction Notice Application. All construction activities, including tI design, installation, operation, and maintenance of sediment and erosion control Best Management Practice 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 extel practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, the shall be removed and the natural grade restored within six months of the date that the Division of Land Qualit has released the project. 4. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growin season following completion of construction. The WRC recommends not using tall fescue in riparian areas an encourages DOT to use erosion control matting instead of straw mulch in riparian areas. NCWRC is als requesting that temporary or permanent herbaceous vegetation be planted on all bare soil as soon as possible an within 15 days of ground disturbing activities to provide long-term erosion control. 5. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the sit for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing c existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow. 6. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of thei size to allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least I inches below the stream bottom to allow natural stream bottom material to become established in the culvej following installation and to provide aquatic life passage during periods of low flow. This may requir increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perchec they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographical) unfeasible. 7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees an 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 contrc in the vicinity of the road crossing and along the streams within dedicated rights of way. 8. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, any vegetation should be used for stabilization above the high water elevation. 9. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimiz, sedimentation and reduce the likelihood of introducing other pollutants into the stream. 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to preven contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 11. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags cofferdams, flexible pipe or other diversion structures should be used to minimize excavation in flowing water. 12. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to preven direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for fish kills. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 14. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or othe materials be dredged from the wetted stream channel under authorization of this permit, except in the immediat( vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life and disturbance of the natura form of the stream channel will likely cause downstream erosion problems, possible affecting other landowners. 15. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement o aquatic life. 16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone excep for permitted areas associated with culvert conditions. 17. All work shall be performed during low flow conditions. . Mr. J`J. Swain, Jr., P.E. March 19, 2004 Page Three 18. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Sincerely, OL- Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental Steve Lund, USACE Asheville Field Office Wetlands/401 Unit Mike Parker, NCDWQ Asheville Regional Office 4W C1711", 0,40366 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY PO BOX 3279, ASHEVILLE, NC 28802 February 26, 2004 Mr. Steve Lund US Army Corps of Engineers 151 Patton Avenue, Room 208 MAR ? )Mq Asheville, NC 28801-5006 Subject: Nationwide Permit #14 SR 1393, Hogeye Road State Project No. 13C.011025(DWQ Minor Permit Fee $200) Buncombe County, NC Dear Mr. Lund: 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 1393, Hogeye Road, Buncombe County, NC. Hogeye 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 Hogeye Branch and an UT. Total culvert extensions will be 55 linear feet. No stream relocation will be performed for the project. Existing channel morphology will be maintained upstream and downstream of the culvert. The culvert 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 significant effect on federally listed species (threatened or endangered) or their habitats is anticipated. Mr. Steve Lund Page --2 SR 1393, Buncombe County February 26, 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 Owen Anderson, North Carolina Wildlife Resources Commission Coordinator, to comment directly to the Corps concerning the pen-nit 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. The stream is not classified as trout. A buffer variance will not be required. By copy of this letter, I am forwarding seven (7) copies of the application package to Cynthia Van der Wiele, 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.01 1025. 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, . Roger D. Bryan Division 13 Environmental Officer Enclosures cc: J.J. Swain, Jr., P.E. District Engineer Ed Ingle David McHenry Cynthia Van der Wiele Mike Parker 4dW Office Use Only: 403 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. 1. 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: NC Department of Transportation Mailing Address: P.O. Box 3279 Asheville. NC 28802 Telephone Number: 828-251-6171 Fax Number: 828-251-6394 E-mail Address: rdbryanC&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: E-mail Address: Fax Number: Pagc 1 of 8 AdW 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 1393 Hogeve Road 2. T.I.P. or State Project Number (NCDOT Only):I3C.01 1025 3. Property Identification Number (Tax PIN): _____N/A _ 4. Location County: Buncombe Nearest Town: Leicester Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): S R I 393 is located off of NC 63 and SR 1392 near the Sandymush community. 5. Site coordinates, if available (UTM or Lat/Long): 35°40'20"N 82° 48'01 "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): 6.7 8. Nearest body of water (stream/river/sound/occan/lake): Hogeye Branch (Class C) 9. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http::'/h2o.enr.state.nc.us/adniin;'niaps/.) Page 2 of 8 m 10. Describe the purpose of the proposed work: We propose to grade, drain, base, pave and install erosion control measures for SR 1393 (Hogeye Road). We propose to extend three existing culverts on Hogeye Branch and an UT. Total stream impacts will be 55 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, farmland, and pasture. 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: 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 Area of Located within Distance to Site Number type of Impact* Impact 100-year Flood lain** Nearest Stream *** Type of Wetland Page 3 of 8 Alb (indicate on ma) (acres) (yes. no) (linear feet) N/A * List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, gracing, tut, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year tloodplains arc 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_fenia. izm. *** 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'? (please secif 18+82 Culvert 10 Hogeye Branch 3 P 28,73 Culvert 25 Hogeye Branch 3 P 59172 Culvert 20 UT to Hogeye Branch 1 P * List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a sham has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at ?Aw .usgl_lg,c. Several intcrnct sites also allow direct download and printing of USGS maps (e.g., %vvL%kjo oronc.com, ?? ???.map?lucst.cnm, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 55 feet. Page 4 of 8 AEL 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) "Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and igentit_v temporary impacts. unNaua I11 : UL C, ,UL .111 ., 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: VI1. 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 existina secondarv road must be improved to meet current safety standards for paved roads. The culvert extensions requested are the minimum necessary to establish an appropriate deal section for the roadway. Riparian vegetation will be established on disturbed areas associated with the project 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 S AIM freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - 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 litti):/,/ h-o.enr.state.nc.us/ncwetlandsistrnigide.litnil. 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 tt 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 I,tt r' 1i2o cti st?te..tic. u.' NvrpJndcx.lhtm. 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): .m 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 requited 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 (NCLISC), 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 l 3 2 1.5 Total * Zone I extends out 30 tcct perpendicular trom near nanK or cnannei; Lone [ extenu,; an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Page 7 of 8 .al? Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Xl. 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 way acreage. Stormwater will be diverted through settling basins or grass lined butters 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 spill basins are not required. -216 U _ App i ant/Agent's ignature D Ate (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 8 01 '8 ,W ( % ? A ? ? ? 'j "?, tip'` 1? ?`. ``? ?` •• ."?. ? '? • ? } ? ? ? ? ' Y 132 t . , X94 . ,' N J `'?.,?,?\ ` •???•'?1 t fem. ? N + , !' ? ? ? fJ ti • ? ' ; ? ?\ `''?.? ? ?? >r ?r a? ry j,14 SR- r ,, ` ,?,. ? ? ? ? -?„ .._,• ? N ? r,,,? ?.,''r`1rr r ,tit ?i ; 1' ?' ? r A 01 ? 6 * ff?M Jf? v ^- ? ? ? • ' r' • 4. IF e 1. 40 'If fl' r ?1 r,l #. l r' 01 ?` 1 Fes, ?) 1Al 11I?? t,' ?v??4? d SR ? ` ' ? _/ _' `? v?l\ ' 1?. ?. .,,,rte • 6o W Name: SANDYMUSH Location: 035' 40'08.31" N 082' 48'09.70" W Date: 2/26/2004 Caption: SR 1393, Hogeye Road, Scale: 1 inch uquiliJ 1000 feet Buncom":; (loWity, NC. Copyright (C) 1998, Maptech, Inc t I Figure 1.2. SR 1393, Station 28+73, Hogeye Branch, Buncombe County, NC. Figure 1.3. SR 1393, Station 59+72, UT to Hogeye Branch, Buncombe County, NC. N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD SURVEY SUBJECT: 59 1393 YOG E YE RoA D LOCATION: F;gnm SR 1392 To E,o. M. WORK TYPE: CkADE, BgZEI Zq qIN't PANE WORK ORDER: PRIORITY: COUNTY: Boticonwa- TOWNSHIP:,5Av6v, IVusN DATE: 2-2s o3 SCALE: / ", SO' NOTES: 46' RIW L EvG'rN = A'I oa /'M1144s PREPARED BY: W.6- L. . r EROSION CONTROL DETAILS AND SPECIFICATIONS Std. # Descri tion 245.03 Temporary Silt Ditch---------------- 245.05 Temporary Diversion-------------- 893.01 Temporary silt fence------------- 890.05 245.01 245.02 892.04 895.10 892.01 892.02 897.01 Symbol TSD Temporary Slope Drain with Earth Berm-----21 Silt Basin Type A------------------------------ Silt Basin Type B------------------------------ Temporary Rock Silt Check Type A----------- Temporary Rock Silt Check Type 8----------- Temporary Rock Sediment Dam Type A------- Temporary Rock Sediment Dam Type B-------- Rock Pipe Inlet Protection-------------------- Pipe Outlet Energy Dissapator---------------- °O .v:. 894.01 245.04 Rock Silt Screen-------------------------------log Stilling Basin------------------------------------ V?j Rock Inlet Protection: 896.01 Type A--------------------------------------- AD 896.02 Type B--------------------------------------- B a 896.03 Type C--------------------------------------- c U Erosion Control Matting--------------- ECM Fiberglass Roving---------------------- FGR EROSION CONTR01 PLAN SHEET Silt fences and temporary silt ditches shall be installed after clearing and before grading. Temporary stone ditch checks shall be installed as soon as ditch-line is established. Pipe outlet and inlet protection will be done as soon as the pipe is installed. Silt basins (Type B) will be constructed to the dimension of nine feet by three feet by two feet unless otherwise noted on plans. (See SB-9 on dimension sheet) Seeding and other permanent erosion control measures are to be implemented as soon as practical. Temporary rock silt checks (Type B) will be spaced as required by percent of grade. r r r z DESIGN FOR SILT- BASIN NOT To SCALE CHECK EVERY STORM EVENT AND CLEAN OUT WHEN HALF FULL. 600 CUBIC FEET PER ACRE. r =I LENGTH OF DISTURBED AREA 100' Y •I 31 r °I LENGTH OF DISTURBED AREA 200' LENGTH OF DISTURBED AREA 300' LENGTH OF DISTURBED AREA 400' PIPE INSTALLATION NOTES 1) Install erosion control devices. In streams, where necessary, rock silt screens will be used. 2) Remove material and existing pipe while limiting, as much as possible, material and sediment from entering the stream and/or escaping from the project. 3) Prepare pipe foundation while again taking care to limit, as much as possible, material and sediment from entering the stream and/or escaping from the project. Where possible, new grade will be below the existing streambed. If needed, bedding material will be clean stone. 4) Place the new pipe and compact backfill. 5) Install slope protection on outlet and inlet ends of pipe. Also complete installation of erosion control measures and perform maintenance as needed on existing measures. 6) Establish permanent vegetation as soon as possible. r ROADWAY DITCH AND MEDIAN LINING GUIDELINES Percent of Grade Type of Lining• Reco 0 mmended Straw and Tack 2 ?•1'?rosLod- Conrrol Matting 3 ---- A Synthetic Roving 5 greater Stone VIII- 2 March. 1993 r PIPE OUTLET ENERGY DISSIPATOR: 00 000 ®0 A pipe outlet energy dissipator shall be used at outlets to slow pipe the water velocities when it exits the pipe and flows out ditched or natural waterways. It is an apron of stone of a sufficient thickness to protect the outlet area from scouring out and causing'off--site sedimentation damage. Pipe outlet energy dissipators should be built according to the guideline chart shown on page VIII-3 of this manual. AREAS OF USE: f • Outlets of pipes'and culverts to prevent scouring.. DESIGN CRITERIA: • In accordance with chart on page VIII-3. • Filter fabric, or six inch layer of gravel, shall be used under stone. MATERIALS : • Filter fabric shall meet requirements of section 1056 of Standard Specifications for Roads and Structures, January 1, 1990, for type II filter fabric. VI-34 March, 1993 1 r 0 y U V ?Trlli 6 W C O _ CD c 1.4 Q t O -C U U) L ? O +-+ o Q c c m .o a A Q 00 ?r 0) , 11 a. zt_ Q i y 0 y U V JI111- yLl •?.. ? .?? _ tll l ?;- .n r1 e° \iJ A lAl ? ? ?. c 1 0 b ? W CL cl) ?? _ L1. o? m L = c ?U o (1) ° ° a? a m o 0 Cl. c.. w N mr U ? r Q ? Q 0 -0 - QQ0 1 QQ VI-35 March, 1993 ?1 • l TEMPORARY SILT DITCH: TSD - A temporary silt ditch shall be used in place of silt fence in many situations. Temporary silt ditches shall be used at the toe of fill slopes to diver'Lmnoff into sediment basins, temporary rock sediment dams, temporary rock silt-checks and/or- other sedimentation control measures. Temporary silt ditches are approximately 1 ft: deep, 2:1 side slopes with an optional earth berm. AREAS OF USE: • Toe of fill slopes where fill exceeds 3 ft in vertical height. • Along streams to intercept flow and/or divert to a controlled outlet. VI-2 March, 1993 1 w¢ d M z O c N '?y H Tri jlj O - ,? v J 6 4 ? z V 0 i til Q y O Q UUv z F' ?Fz U CL 0 W ? zz? ° ? O z Q. Z 3 ? ? O W U Z _ z?Q ?.. _ 'W ° 1 ?2 ti o n° W ? I ~ T h 0 VI-3 March, 1993 1 • i 1 Y TEMPORARY SILT FENCE: A temporary silt fence is commonly used at the toe of a fill section to prevent off- site sedimentation. It is made of permeable filter fabric buried at the bottom," stretched and supported by steel posts. The silt fence reduces the water flow while retaining the sediment. They may also be used to divert water flow to protected outlets. Silt fences need to be checked after each significant rainfall to ensure there effectiveness. They must be maintained on a regular basis. Silt fences shall not be installed across streams, ditches, or waterways. AREAS OF USE: • At toe of fill sections where sediment runoff can be stored and contained inside the project limits. DESIGN CRITERIA: Material With Wire Without Wire Fabric Type 3 Class A Type 3 Class B Steel posts length 5 ft 5 ft. Post spacing 10 ft. 6 ft. maximum VI-6 March, 1993 ? I ? I 1 ? 1 I I I I I I I I I I ' ? I - I I I /h \ I I , I I I I I I 1 ? I ? i I li I 1 I I ?? I 1 FA LLD W , I V I I ? I I ? I I I 1 I II I I Icy ?v 3 _57 ? I lV I I ? of 9 v I ? I I , I I I I FA LLD I n i¢ ? I I I I ? I i I I I I a 1 I? z, Ic ? ? Iv WOCI)S O I , Cf+'AFL. ' . P h L7i? >1 ?'G'f , :[:l1/ . T11 : 1 /E3 S - 57 W I FALLOW ? I 1 nl , x ? Y 1 12 " C.VI P L?RJOGE 1,57 /1 ?r I TIT" f] I v; q ?A,sTo ,,-, ?? JJ iG?'7 v.l 1 i l I , I I , ? I ? I 1 I_ ' I 1 I I ` I I Q ®i ? y I ' I I f? I I y I I Ir I , I , I I I I I I I I I I I I I II I I I I I' ?I ` I ? LI I ?I II I I I I I Iv I j i I I I I I 1 I i I I ? 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Ecanazv \ /. ? ? ° \. •?. /'\ Cr P:NNACLE -,d °• B1LTMORE 'o ELEV. 19T .S 0 K%, .?•. % ,• . „111 1 1?? ? ? ? , ` Jk Q ./ /'• DAM % BE° 2"' '•\ /•/ • ' _ 1291 CAP 9 ° 1 \ L oG Y Y9 2a \ » Tp • Q ??, ?a N-4." • e I d c-ac• 79 . _ C,cc ? Ion , BIG BUTTE MTN, zte, „?.y q I2?•.7 ?a /• ELEV. aTTa ? I RR O:RT FACE 15• l1' , ?Ifr M ?. '• THE IF PINNACLE , NEeFOUND \ s GAP \ • /' ` a \ a \ \ 7a Q a 1 Wks \^y 'p U.t:tl T THE'- G• Michael F. Easley, Governor William G. Ross Jr., Secretary ! J North Carolina Department of Environment and Natural Resources Dwa DEC 9, 0 2004 Alan W. Klimek, P.E. Director Division of Water Quality DENR - WATER QUALITY %4'EWDSMD TOrF19ATERGRAtXH December 16, 2004 Burke County DWQ Project No. 041936 Bridge No. 35 NCSR 1907 (NCMA 13006B) 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: You have our approval, in accordance with the attached conditions and those listed below, to impact 75 linear feet of Jacob Fork Creek (installation of two (2) bridge piers and 75 feet of rip rap for stream bank stabilization under bridge) in order to construct a new bridge on NCSR 1907 in Burke County. The project must be constructed in accordance with the application dated December 1, 2004 (received December 3, 2004), including the environmental commitments made in the application letter. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 31. 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. 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 Sun face Mining Manual. One North Carolina .1'aturally North Carolina Division of Water Qualiq 2090 U.S. Highway 70 S%%annanoa. NC 28778 Phone (328) 296-3500 Customer Service Internet: h2o.encstate.nc.us FAX (323) 299.7043 1.877-623.6748 An Equal Opportunity/Affirmative Action Employer Mr. J. J. Swain, Jr., P.E. December 16, 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. The NCDOT shall use Best Management Practices for the Protection of Surface JVaters (NCDOT August 2003) and Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 413 .0124 (a)-(e)]. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground disturbing activities to provide long-term erosion control. Erosion control matting 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, stakes or, wherever possible, live stakes and native trees. Tall fescue and straw mulch should not be used in riparian areas. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5. In-stream activities are prohibited during the fish-spawning season of May 1 through July 15, to prevent off-site sedimentation from impacting fish eggs and fry in downstream waters. 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. The bridge must not contain deck drains that discharge to Jacob Fork Creek. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow. 7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs (e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the new bridge and along the stream where the old bridge will be removed. 8. This certification does not allow causeways or temporary work structures to be placed in the stream. 9. 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. 10. The dimension, pattern and profile of the stream, above and below the bridge, 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 to allow aquatic life and/or fish passage. 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 in the stream associated with the new bridge construction and old bridge removal 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 bridge 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 p1I and possible aquatic life 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 bridge construction. 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. 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 bridge construction. Mr. d. J. Swain, Jr., P.E. December 16, 2004 Page Three 18. Discharge of materials into surface waters from demolition of the old bridge should be avoided as much as possible. Any material that reaches surface waters should be removed. 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, 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 Transportation Permitting Unit Mike Parker, Asheville Regional Office ?.SWto? y? STATE OF NORTH CAROLINA 219@190w[go DEC 0 3 2004 MRANDSM0?sr W-1-1'G7 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR PO BOX 3279, ASHEVILLE, NC 28802 December 1, 2004 SECRETARY Mrs. Angie Pennock US Army Corps of Engineers Q : a 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Regional General Permit #31 Bridge No. 35, NCMA 13006B State Project No. 37579 (DWQ Minor Permit Fee 5200) ' "<< T Burke County, NC i (L r `1 Dear Mrs. Pennock: I have enclosed plan sheets and cross-sections, a PCN application for RCP #31, and a vicinity map relative to the NC Moving Ahead bridge replacement project on SR 1907, Burke County, NC. We propose to replace the existing timber/steel bridge with a three span cored slab bridge. The new bridge will be 35 feet wide by 110 feet long. The current structure is narrow, with bad alignment, in poor condition, and needs replacement. Construction activities will be conducted from dry work areas whenever possible. Existing channel morphology will be maintained upstream and downstream of the bridge. Riparian vegetation will be reestablished along disturbed areas associated with project. No federally listed species (threatened or endangered) or critical habitats will be affected by the proposed project. By copy of this letter, we request the North Carolina Wildlife Resources Commission Coordinator, to comment directly to the Corps concerning the permit request. Erosion control measures will be employed from the "Erosion and Sedimentation Control Guidelines for Division Maintenance Operations" and reviewed by Mr. Ed Ingle, Roadside Environmental Field Operations Engineer. Mrs. Angie Pennock Page -2 Bridge No. 35, Burke County December 1, 2004 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 # 37579. 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, Roger D. Bryan Division 13 Environmental Officer Enclosures cc: J. J. Swain, Jr., P.E. Greg Shuler B.T. Williams, P.E. Ron Linville Brian Wrenn Mike Parker Ed Ingle Office Use Only' Form Version April 2001 i USACE Action ID No. DWQ No. `t 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: X Section 404 Permit ? Section 10 Permit 401 Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: ,.?AI-WI'31 V 6 P j 1 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: rdbryan(cTdot 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: Pagel 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: Bridge No 35, NC MA 13006B 2. T.I.P. or State Project Number (NCDOT Only):.37579 3. Property Identification Number (Tax PIN): 4. Location County: Burke Nearest Town: Shoups Ford Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Bridge 35 is located off of NC 18 and SR 1907 (Rhoney Road) just north of the Burke/Clevelend County Line. 5. Site coordinates, if available (UTM or Lat/Long): 35°35'36" N 81 033'32" 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 Bridge - 7. Property size (acres): 0.1 8. Nearest body of water (stream/river/sound/ocean/lake): Jacob Fork Creek (WS-III, ORW) 9. River Basin: r?ltf a 1.,/? ,_ (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 replace the existing timber/I- beam steel bridge with a three span cored slab brid-ge The new bridue will be 35' wide by 110'lon . The structure will be have two piers outside of the normal water elevation but within the high water zone Rip rap will be placed around the base of the bridge piers and abutments. 11. List the type of equipment to be used to construct the project: Excavator, crane, and trucks. 12. Describe the land use in the vicinity of this project: rural homes wooded IV. V. VI. 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 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. 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 * Area of Located within Distance to Site Number Type of Impact Impact 100 year Floodplain** Nearest Stream Type of Wetland*** Page 3 of 8 (indicate on map) (acres) I yes/no linear feet N/A * List each impact s1paratc1v and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to notn structure anu ttooumg. ** 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 arc available through the FEMA Map Service Center at 1-800-358-9616, or online at htt2://www.fema.t*,oy. *** 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) Sta. 17+00 & +60 Bridge piers (2) 30 Jacob Fork Creek 40 ft P Sta. 16+75 (west) Rip-rap 75 Jacob Fork Creek 40 ft P Sta. 18+00 (east) Rip-rap 40 Jacob Fork Creek 40 ft P * List each impact separately and identity temporary impacts. impacts tnauae, out are not umneu tu: curvaLS ullu uSSCjC1aLCU ,'ji- ij, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net lossigain), 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 wwwv.uses.f;ov. Several internet sites also allow direct download and printing of USGS maps (e.g., wwtiv.topozone.com, ww-w.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 75 feet 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Type of Impact* Area of Im act Name of Waterbody if a licable) Type of Waterbody pond, estuary, sound. lake Site Number pp , Page 4 of 8 indicate on ma acres ba , ocean, etc. N/A 1., -t, ;-1..,4,. 1-t 'Iro not limited to- fill. excavation. dredeine. flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): 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 bridge must be renlaced due to the poor condition of the structure. The proposed design will maintain a floodplain under the bridge No deck drains will be placed over Jacob Fork Creek. 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 Page 5 of 8 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 htth•// i2o enr state nc.us/ncwctlands/strmt;ide.htmi. 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•'/h'o enrstite nc.us/«rp`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): 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 ? Page 6 of 8 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) 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 (Neuse), 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 Miti ation 1 3 2 1.5 Total * Zone l extends out 3U tect perpendicular trom near nanK of cnannci; [.unc G cxiuiu,, 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 213.0242 or.0260. XI. Stormwater (DWQ Only) Page 7 of 8 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. No significant change in impervious surface Stormwater will diverted through settling basins or grass lined buffers prior to entering the stream 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) 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 spill basins are not required AppJant/Agent's 9Jgnature Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 8 of 8 t? ILI 1 _ t rid ?35 ; `_-=! f J - C % 6BM , 97 k\ Ri 7'sey..,' ?f 1 ?? 7* W- Name: CASAR Location: 035' 35'33.60" N 081' 33'31.23" W Date: 8/25/2004 Caption: Bridge 35, SR 1907 Scale: 1 inch equals 1000 feet Burke County, NC Copyright (C) 1998, Wptech, Inc. t ?i4 I 1 Figure 1. Bridge 35, SR 1907, Jacob Fork Creek, Burke County, NC. WETLAND LEG WETLAND BOUNDARY WETLAND L ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND ® DENOTES TEMPORARY FILL IN SURFACE WATER • DENOTES MECHANIZED • • •• • • • CLEARING FLOW DIRECTION TB - TOP OF BANK WE EDGE OF WATER - - C - PROP.LIMIT OF CUT - - -E - PROP. LIMIT OF FILL -? AY T F W PROP. RIGH O - - NG - NATURAL GROUND - -2L_ - PROPERTY LINE - TDE - TEMP. RAINAGE E ASEME - POE PERMANENT DRAINAGE EASEMENT -EAB- - EXIST. ENDANGERED ANIMAL BOUNDARY -EPB- EXIST. ENDANGERED PLANT BOUNDARY a v ca f m ? N ? N ----Q -.- WATER SURFACE X XXX X X LIVE STAKES BOULDER CORE FIBER ROLLS D PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT 12'-48' (DASHED LINES DENOTE PIPES EXISTNG STRUCTURES) 54' PIPES & ABOVE 0 SINGLE TREE WOODS LINE DRAINAGE INLET ROOTWAO i RIP RAP ADJACENT PROPE RTY 5 OWNER OR PARC F AVA R EL ABLE) I (I NUMBE L El PREFORMED SCOU R HOLE LEVEL SPREADE R (LS) DITCH / GRASS SWALE $ a N Q N ? fV co a N ck: ; UJJ C33 O W p uj N V W LAJ cr IO O a•?"a o?oo?° * a cm C) ZMf W 2' N N ' ? a ?a?W) 0j U vi?Wb M CL r 2 1 J p Q F- J LLJ ? ? F-Z Q z Q > U U. " U X I I I I ? I o_ Q I U J iot OD ? j I3 ?o ? ^ I I / C) u ti p V) Z 0 w U LAj 00 w3 / I I o ? ? I I Z F- ?I 81 N p \ O / I F- QL; I Z Z - yz LLI > O H U C- J O O Q, L) W m J / I? 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