HomeMy WebLinkAbout20041386 Ver 1_Complete File_20040823
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DWQ Project No.: U`/i3?°(o County:
Applicant: NCDOT
Project Name: //HY /L
Date of Issuance of 401 Water Quality Certification:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, Joel B. Setzer, P.E., 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 01 r Quality Certification and Buffer Rules, the approved plans and
specifications, and P ,
Signature: Date: -_-L? 0-31
Agent's Certif ation
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
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature Registration No. Date:
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
W AT ER
QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project No.: `//.3ff(o County:
Applicant: NCDOT
Project Name: _-5'1? /1-11f' ? ? times
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, Joel B. Setzer. P.E., 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 inte f the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, up n aterials.
Signature: ,r Date: - 3 ' p5
Agent's C11fication I
, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature
Registration No.
Date:
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/
OF W A7'FR
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? W September 29, 2004
Swain County
DWQ Project No. 041386
NCSR 1148 (Baines Mountain Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions D l5 ^ [2 on,
Mr. J. B. Setzer, P.E. (v` D
Division Engineer O C T 0 4
N C Department of Transportation 204
253 Webster Road DENR - WATER QUALITY
Sylva, North Carolina 28779 1' r'ETLAt1DSANDSTOPIfl9ATERGRAt, {
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 193 linear feet of
Little Alarka Creek and three (3) unnamed tributaries to Alarka Creek (34 linear feet of new pipe and 159 linear feet of
two (2) roadside seep relocations at Stations 0+24 and 22+00) in order to make improvements to NCSR 1148 (Baines
Mountain Road) in Swain County. The project must be constructed in accordance with the application dated August 13,
2004 (received August 23, 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 if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a.
b.
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.
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.
For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
No One
tCarolina
? atimally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-3500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer
Mr. J. B. Setzer, P.E.
September 29, 2004
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. In-stream construction work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-
spawning season of October 15 through April 15 to avoid adverse effects of sedimentation on sensitive egg and fry
stages of trout.
5. Adequate sedimentation and erosion control measures should be implemented and maintained on the project site to
avoid impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be planted on
all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Areas around stream
crossings and adjacent to streams should be seeded and stabilized with anchored erosion control matting instead of
straw. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
6. Stor m?water shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
7. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to
allow for aquatic life passage. Culverts that are 48-inch diameter or larger should be buried at least 12 inches below
the stream bottom to allow natural stream bottom material to become established in the culvert following installation
and to provide aquatic life passage during periods of low flow. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and
re-installed correctly, unless demonstrated that this is topographically unfeasible.
8. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the road crossing and along the streams within dedicated rights of way.
9. 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. 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.
11. 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.
12. 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.
13. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form
of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
16. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of aquatic
life.
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 culvert conditions.
18. All work shall be performed during low flow conditions (below bankfull).
.N
habitat in Alarka Creek has been surveyed previously without yielding records of threatened and
endangered species. The proposed culvert extensions are on Little Alarka Creek, which is five
feet in width, and a one-foot wide unnamed tributary to Little Alarka Creek. The channel
changes consist of moving one-foot wide roadside seeps. The impacts from the culvert
extensions and channel changes will be minimal. For these reasons, there will be "no effect" on
threatened or endangered species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHPO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices. The rock silt
screens and other erosion control devices will be in place prior to pipe culvert construction and
will remain in place until the project is stabilized.
Impacts to Waters of the United States
In order to construct the project in accordance with our current secondary road standards, it will
be necessary to impact waters of the United States in the Little-Tennessee River Basin.
Specifically, NCDOT is requesting to extend one metal culvert in Little Alarka Creek (DWQ C)
and one metal culvert in an UT to Little Alarka Creek. Listed below is a summary of the
proposed impacts.
Site No. Existing Proposed Net Impacts
Station Condition Condition
Site 1 24' x 48" CMP 50' x 48" CMP 26'
0+24
Site 2 Roadside Seep Roadside Seep 26
0+24
Site 3 52' x 24" CMP 60' x 36" CHIP 8'
14+05
Site 4 Roadside Seep Roadside Seep 133'
22+00
193 linear feet total
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am requesting that Mr. Ed Ingle, Area
Roadside Environmental Engineer (NCDOT), to comment directly to me concerning this permit
requests.
If you have any questions or need additional information, please contact me at (828) 488-2131.
Your early review and consideration will be greatly appreciated.
Sincerely,
4.x. tjccc
Jonathan L. Woodard, P.E.
District Engineer
cc: Mr. John Domey, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC
Mr. R.G. Watson, P.E., Division Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Office Use Only' Form Version October 2001
0
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
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 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
Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 345 Toot Hollow Road
Bryson Citv NC 28713
Attn • J L Woodard PE District Engineer
Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518
E-mail Address: jwoodard(a 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: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Widen grade drain and pave SR 1148 Baines Mountain Road in Swain
County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.087018
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Swain Nearest Town: Bryson City
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Bryson City take US 19
South Turn onto SR 1140 Alarka Road at the US 74 interchange. Follow SR 1140 to SR
1147 East Alarka Road. Turn left and follow SR 1147 to SR 1148. Turn left onto Baines
Mountain This is the project.
5. Site coordinates, if available (UTM or Lat/Long): N 35° 22' 52" W 83 ° 27' 10"
(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:
Residential
7. Property size (acres): 3.50
8. Nearest body of water (stream/river/sound/ocean/lake): Little Alarka Creek Class C
9. River Basin: Little Tennessee
(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:
To pave widen the shoulders and improve the alignment of SR 1148 to meet current
NCDOT standards This includes cutting and filling earthwork where needed replacing old
drainage structures that are inadequate and making the road safer by changing the road
profile.
11. List the type of equipment to be used to construct the project:
Track Hoes Back Hoes Dump Trucks Bulldozers Manual Labor, etc.
12. Describe the land use in the vicinity of this project:
Residential. woodlands
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.
No additional permits have been applied for in the past.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No additional permits are anticipated.
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
Page 3 of 8
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
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
,..a ti... , C.,,ito.7 tn• mc chnr,i7f-d Clearing- grading. fill.
* List each impact separately and identity temporary uopacu. l,,,pa- ,t,,.,,.,.,., ??• w? • __ excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn'//vvvvw.fema_QO%1. .
*** 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
Total area of wetland impact proposed: 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 Im act. Perennial or
Intermittent?
(please leasespecify)
1@ Station 0+24 Culvert Extension 26 Little Alarka Creek 5 Perennial
2 tS Station 0+24 Roadside Seep 26 UT to Little Alarka Creek 1 Perennial
3 a Station 14+05 Culvert Extension 8 UT to Little Alarka Creek 1 Perennial
4 a Station 22+00 Roadside Seep 133 UT to Little Alarka Creek
--'--? L... ,. 1
. 1:..,1.0,7 ?..• rn l.,P Perennial
rtc n-ri nccnriated rin-ran.
* List each impact separately and identify temporary impacts. tmpacAN mauue, UL arc nOL 1-1 ? ??• •••••- --- - - - .
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www tonozone.COm,
w•ww•.mangticst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 193
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
1' • d t f"," etcavation dredging-
* List each impact separately and identify temporary impacts. Impacts include, but are not smite o. ,
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.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Size of watershed draining to pond: 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.
ImRacts cannot be avoided Culverts must be extended in order to gain the necessary width
to improve SR 1148 to current NCDOT standards All pipe extensions will be placed below the
existing stream bed gradient so natural substrate can be re-established.
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.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http:/ih2o.enr.state.nc.us/ncwettands/strmgide.liti-nl.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http•//h2o.enr.state.ne.us/wrp!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): n/a
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)
Page 6 of 8
Does the project involve an expenditure of public funds or the use of public (federal/state/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
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 213 .0233
(Neuse), 15A NCAC 213 .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 1 extends out 31) feet perpendicular irom near banK of Channel; cone L exienas 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .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.
Stormwater will be diverted throu.,h settling basins or grass lined buffers prior to entering
streams.
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.
No wastewater will be generated from the proposed project
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
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).
N/A -
Applick t/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Date: 8/9/104
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EROSION
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Erosion Control Schedule
• Install erosion control measures according to plans in all outlets and at other
discharge points after clearing but before grubbing
• Clear and clean outfall ditches leaving side slopes at an angle that can be retained by
vegetation. These areas will require stage seeding and mulching.
• Begin grading of roadway ditches. Place erosion control measures along roadway
ditches as grading progresses and conditions allow.
• Seed and mulch all disturbed areas as soon as any phase of grading is completed.
(Note there are 15 working days/30 calendar days to complete seeding and mulching.
A working day is defined as a day exclusive of Saturday or Sunday during which
weather conditions or soil conditions permit land-disturbing activity.)
• Clean out and/or rework all temporary erosion control measures after any significant
rainfall event (or as otherwise needed). These measures should be maintained until a
permanent vegetative cover is established.
Wet Pipe Installation Schedule
• Install erosion control devices.
• Remove material and existing pipe while limiting, as much as possible, material and
sediment from entering the stream and/or escaping from the project.
• Prepare pipe foundation while taking care to limit material and sediment from
entering the stream and/or escaping from the project. Where possible new grade
should be below the existing streambed. If needed, bedding material will be clean
stone (especially in Trout and HQW waters).
• Place new pipe and compact fill.
• 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.
• Establish permanent vegetation as soon as possible.
Environmentally Sensitive Areas:
This project is located in an "Environmentally Sensitive Area". This designation requires
special procedures to be used for clearing and grubbing, temporary stream crossings, and
grading operations within the area identified on the plans. This also requires special
procedures to be used for seeding and mulching and staged seeding within the project.
Clearing and Grubbing:
In areas identified on the erosion control plans as "Environmentally Sensitive Areas",
clearing operations can be performed, but not grubbing operations until immediately prior
to beginning grading operations as described in Section 200, Article 200-1, in the
Standard Specifications. The "Environmentally Sensitive Area" shall be defined as a 50
foot buffer zone on both sides of the stream (or depression), measured from top of
streambanlc, (or center of depression). Only clearing operations (not grubbing) shall be
allowed in this buffer zone until immediately prior to beginning grading operations.
Erosion control devices shall be installed immediately following the clearing operation.
Grading:
Once grading operations begin in identified "Environmentally Sensitive Areas", work
will progress in a continuous manner until complete. All construction within these areas
must progress in a continuous manner such that each phase is complete and areas
permanently stabilized prior to beginning of next phase. Failure to complete any phase of
construction in a continuous manner in "Environmentally Sensitive Areas" as specified
will be just cause for the Engineer to direct the suspension of work in accordance with
Section 108-7 of the Standard Specifications.
Temporary Stream Crossings:
Any crossing of streams within the limits of this project must be accomplished in
accordance with Section 107-13(b) of the Standard Specifications.
Seeding and Mulching:
Seeding and mulching shall be performed in accordance with Section 1660 of the
Standard Specifications and vegetative cover sufficient to restrain erosion shall be
installed immediately following grade establishment.
Seeding and mulching shall be performed on the areas disturbed by construction
immediately following final grade establishment. No appreciable time shall lapse into the
contract time without stabilization of slopes, ditches and other areas within the
"Environmentally Sensitive Areas" as indicated on the E.C. Plans.
Stage Seeding:
The work covered by this section shall consist of the establishment of a vegetative cover
on cut and fill slopes as grading progresses. Seeding and mulching shall be done in
stages on cut and fill slopes which are greater than 20 feet in height or greater than 2 acres
in area. Each stage shall not exceed the limits stated above.
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Site 2 SR 1148 Swain County
Site 3 SR 1148 Swain County
Site 4 SR 1148 Swain County
,4
Mr. J. B. Setzer, P.E.
September 29, 2004
Page Three
19. 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 Transportation Permitting 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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
?•
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
WETLANDS/ 401 GROUP
'AUG 2 3 2004
WATER QUALITY SECTION
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
August 13, 2004
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY
Subject: Nationwide 14 Permit Application
SR 1148 - Baines Mountain Road
Swain County q7s
State Project No. 14C.087018 (DWQ Major Permit Fee S-4-50)
Dear Ms. Pennock:
The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and
pave SR 1148, Baines Mountain Road, in Swain County. This proposal entails widening and
paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of
SR 1148 have been identified as necessary maintenance and safety improvements. Funds have
been allocated for this project, and NCDOT would like to perform these activities sometime
during the 2004-05 paving season.
I am sending a straight-line diagram with the proposed erosion control and construction limits
along this project. In addition, I am sending a typical section of the road, cross sections,
drawings for pipe culvert replacements as well as a marked county map and USGS quad map.
We propose to install the new culverts slightly below the existing streambed elevations where
bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream
gradients to remain as unchanged as physically possible.
The North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records listed for the unnamed tributary and Little Alarka
Creek. There are no records downstream of this project from the project area to the confluence
of Alarka Creek with the backwaters of Fontana Lake. The Little Tennessee River, to which
Alarka Creek is tributary, does support good populations of several federally listed species.
However, Alarka Creek is smaller and Fontana Lake has altered habitat within the lower reaches
of Alarka Creek and fragmented the riverine connection between the two streams. Potential