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HomeMy WebLinkAbout20110667 Ver 1_Application_20120112L� MSfATFo� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR January 11 2012 NC Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 1650 ATTN Mr Brian Wrenn NCDWQ Coordinator ftToO� 144"v � �Cy EUGENE A CONTI JR SECRETARY � \- o C_0C0 -� v Z Subject Request for Modification of the Section 401 Water Quality Certification for the proposed replacement of Bridge No 148 over Lamance Creek on SR 1326 in Transylvania County Federal Aid Project No BRZ 1326(3) Division 14, TIP No B 4989 Debit $240 00, WBS 40461 1 1 Reference Permit Application dated June 30 2011 Section 401 Permit No 20110667 issued August 5, 2011 Dear Sir This 401 permit modification request is to update the permanent impacts to Lamance Creek and include the avoidance minimization measures that will be required for this project The previous permit application and subsequent 401 permit listed the impacts incorrectly as 33 linear feet of impacts from the culvert and 17 feet of impact from bank stabilization The corrected impacts are 53 linear feet for the culvert placement and 20 linear feet for bank stabilization Please see attached, the revised PCN Letter to the USACE Addendum to the June 30 2011 Application, the EEP Acceptance letter the revised permit drawings and the email to Mike Parker, DWQ, clarifying the revisions MAILING ADDRESS NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699 1598 TELEPHONE 919 707 6100 FAX 919 212 5785 WEBSITE WWW NCDOT ORG LOCATION 1020 BIRCH RIDGE DRIVE RALEIGH NC 27610 4328 A copy of this modified permit application will be posted on the NCDOT website at http / /www ncdot org /doh/preconstruct/pe /neu/permit html If you have any questions or need additional information please e mail Jeff Hemphill at jhemphill @ncdot gov Cc Lon Beckwith USACE Mike Parker NCDWQ Sincerely G� Gregory J Thorpe, PhD Manager Project Development & Environmental Analysis Unit 2 O�O �_ W ATF9QG 1 I To Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps ®Section 404 Permit ❑Section 10 Permit lb Specify Nationwide Permit (NWP) number or General Permit (GP) number 198200031 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or in lieu fee program ® Yes ❑ No 1g Is the project located in any of NC s twenty coastal counties If yes answer 1 h below ❑ Yes ® No 1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Replacement of Bridge 148 over Lamance Creek on SR 1326 2b County Transylvania 2c Nearest municipality / town Balsam Grove 2d Subdivision name not applicable 2e NCDOT only T I P or state project no B 4989 3 Owner Information 3a Name(s) on Recorded Deed North Carolina Department of Transportation 3b Deed Book and Page No not applicable 3c Responsible Party (for LLC if applicable) not applicable 3d Street address 1598 Mail Service Center 3e City state zip Raleigh NC 27699 1598 3f Telephone no (919) 707 61 3g Fax no (919) 212 5785 3h Email address jhemphill @ncdot gov 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other specify 4b Name not applicable 4c Business name (if applicable) 4d Street address 4e City state zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name not applicable 5b Business name (if applicable) 5c Street address 5d City state zip 5e Telephone no 5f Fax no 5g Email address B Project Information and Prior Project History 1 Property Identification la Property identification no (tax PIN or parcel ID) not applicable 1 b Site coordinates (in decimal degrees) Latitude 35 2056 Longitude 82 8856 (DD DDDDDD) ( DD DDDDDD) 1c Property size 26 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to North Fork French Broad River proposed project 2b Water Quality Classification of nearest receiving water B Tr 2c River basin French Broad 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application Rural residential forested 3b List the total estimated acreage of all existing wetlands on the property 047 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 203 3d Explain the purpose of the proposed project To replace a structurally deficient (and/ or) functionally obsolete bridge 3e Describe the overall project in detail including the type of equipment to be used The project involves replacing a 20 5 foot bridge with a 48 foot 12 x 6 foot reinforced concrete box culvert (RCBC) on the existing alignment with an off site detour Standard road budding equipment such as trucks dozers and cranes will be used 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes E] No El Unknown project (including all prior phases) in the past Comments Yes 4b If the Corps made the jurisdictional determination what type El Preliminary CE Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company NCDOT Name (if known) Jeff Hemphill Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation August 26 2008 5 Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions A 401 was issued 8/5/2011 This new request for modification is for a correction and update of total permanent impacts 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ® Wetlands ® Streams tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non 404 other) (acres) Temporary T Site 1 ® P ❑ T Fill Bog forest ® Yes ❑ No ® Corps ❑ DWQ <0 01 Site 2 ®P ❑ T Mechanized clearing Bog Forest El Yes ❑ No ® Corps ❑ DWQ <0 01 Site 3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ Site 4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ Site 5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ Site 6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ <0 01 2g Total wetland impacts Permanent 0 Temporary 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of Average Impact length number (PER) or jurisdiction stream (linear feet) Permanent (P) or intermittent (Corps 404 10 width Temporary (T) (INT)? DWQ — non 404 (feet) other) Site 1 ® P ❑ T RCBC Lamance Creek ® PER [:11 NT ® Corps ❑ DWQ 10 53 Site 2 ® P ❑ T Bank Stabilization Lamance Creek ® PER ❑ INT ® Corps ❑ DWQ 10 20 Site 3 ❑ P ® T Dewatering Lamance Creek ® PER ❑ INT ® Corps ❑ DWQ 10 55 ❑ PER ❑ Corps Site 4 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps Site 5 ❑ P ❑ T ❑ INT ❑ DWQ Site 6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h Total stream and tributary impacts 73 Perm 55 Temp 31 Comments 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then indivi ually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of impact number — waterbody Type of impact Waterbody type Area of impact (acres) Permanent (P) or (if applicable) Temporary T 01 ❑ PEI T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts X Permanent X Temporary 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Excavat Flooded Filled ed Flooded Filled Excavated Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse El Tar Pamlico El Other Project is in which protected basin'? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? 131 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 61 Comments D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project An off site detour will be utilized thus reducing onsite impacts 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Grass shoulders and grass ditches will be used throughout the project to treat stormwater before entering the stream and Class I rip rap wll be used at the proposed culvert outlet to minimize erosion to the stream banks The North Carolina Wildlife Resource Commission (WRC) issued a Trout Moratorium on February 11 2008 for in stream construction covering the trout spawning period from October 15 to April 15 The North Carolina Division of Water Quality (NCDWQ) has designated Lamance Creek as trout waters therefore Design Standards in Sensitive Watersheds will be implemented for this project 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State ® Yes ❑ No If no explain 2b If yes mitigation is required by (check all that apply) ❑ DWQ ® Corps 2c If yes which mitigation option will be used for this project? ❑ Mitigation bank ®Payment to in lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank not applicable 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ® Yes 4b Stream mitigation requested 53 feet (see attached letter) linear feet 4c If using stream mitigation stream temperature ❑ warm ® cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes then is a diffuse flow plan included? If no explain why Comments if yes see attached permit drawings ❑ Yes ❑ No 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? N/A 2b Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan explain why 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan See attached permit drawings ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ® DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local governments jurisdiction is this project*? not applicable ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HQW (check all that apply) ❑ ORW ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No N/A 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No N/A F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb If you answered yes to the above does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c If you answered yes to the above has the document review been finalized by the State Clearing House? (If so attach a copy of the NEPA or SEPA final approval ®Yes ❑ No letter ) Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 213 0200)? 2b Is this an after the fact permit application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes additional development which could impact nearby downstream water quality? ❑ No 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description Due to the minimal transportation impact resulting from this bridge replacement this project will neither influence nearby land uses nor stimulate growth Therefore a detailed indirect or cumulative effects study will not be necessary 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility not applicable 10 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a WIII this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDOT field surveys Virginia spiraea Mountain sweet pitcher plant & Swamp pink 6/24/09 Small whorled pogonla and Mountain sweet pitcher plant 8/14/07 and the North Carolina Natural Heritage database determined No Effect 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS County Index 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a WIII this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? NEPA Documentation 8 Flood Zone Designation (Corps Requirement) 8a WIII this project occur in a FEMA designated 100 year floodplain? ® Yes ❑ No 8b If yes explain how project meets FEMA requirements NCDOT Hydraulics Unit coordination with FEMA 8c What source(s) did you use to make the floodplain determination? FEMA Maps I ' I 17, Dr Gregory J Thorpe, PhD Date Applicant/Agent s Printed Name A Signature (Agents signature is valid only if an authorization letter from the applicant is provided 11 �� -Art4 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR November 8 2011 U S Army Corps of Engineers Regulatory Field Office 151 Patton Avenue Room 208 Asheville NC 28801 5006 ATTN Ms Lon Beckwith NCDOT Coordinator EUGENE A CONTI JR SECRETARY Subject Addendum to the Application for Section 404 Regional General Permit 198200031 and Section 401 Water Quality Certification for the proposed replacement of Bridge No 148 over Lamance Creek on SR 1326 in Transylvania County Federal Aid Project No BRZ 1326(3) Division 14 TIP No B 4989 Dear Madam This addendum provides supplemental information to the Section 404 Application submitted July 13, 2011 The following Bridge to Culvert Avoidance & Minimization and Hydraulic Design Criteria has been submitted by the NCDOT Hydraulics Unit Bridge to Culvert Avoidance and Minimization for B -4989 Transylvania County Proposed Structure Summary Drainage Area 430 acres DWQ Stream Classification C Tr Culvert Size and Type 12 x 6 Reinforced Concrete Box Culvert Culvert Length 53 Minimization Efforts The proposed culvert will be buried 1 ft with alternating 8 ft wade by 0 5 ft high low flow sills for fish passage The culvert maintains the existing stream slope low flow channel dimensions low flow velocities and provides a smooth transition from upstream to downstream with no sharp bends at the inlet or outlet MAILING ADDRESS NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699 1598 TELEPHONE 919 707 6100 FAX 919 212 5785 WEBSITE WWW NCDOT ORG LOCATION 1020 BIRCH RIDGE DRIVE RALEIGH NC 27610 -4328 Stream Slope Existing average stream slope = 0 4% Proposed culvert slope =0 38% Fish and /or Aquatic life Passage Existing low flow channel dimensions in the stream The existing low flow channel width up and downstream of the culvert is approximately 8 ft with an average depth of 0 5 ft Proposed low flow dimensions through the culvert culvert will have alternating low flow sills to facilitate fish passage The low flow sills will provide an 8 ft wide by 0 S ft deep low flow channel in the culvert Existing low flow velocities in the stream existing low flow velocity = 1 4 ft /sec Proposed low flow velocities through the culvert proposed low flow velocity through culvert = 15 ft /sec Alternating low flow sills and /or baffles culvert will have alternating low flow sills to facilitate fish passage since the proposed total culvert width is larger than the existing low flow channel width Culvert Burial Existing streambed material cobbles gravel and sand Proposed culvert bunal-I foot Proposed sills and or baffles Alternating low flow sills will be used The low flow sills will be spaced approximately 26 ft apart and will provide an 8 ft wide by 0 5 ft deep low flow channel in the culvert Culvert slope of 0 38% does not necessitate the use of baffles to hold bed material but they are being used to provide low flow channel through culvert Culvert/Stream Alignment Stream patterns upstream and downstream of the culvert that could affect fish passage and bank stability The stream channel is relatively straight through the reach of the stream where the culvert will be placed with a very slight bend at downstream culvert outlet The stream slope is also constant through the reach of the stream up and downstream of where the culvert will be placed Bed forms impacted by culvert (riffles pools glides etc) There is a glade located dust upstream of the bridge that transitions through the bridge to a raffle section downstream of the bridge The culvert will be placed in this glade raffle section Establishment of a low flow floodplain bench low flow floodplain bench not required since culvert width fats within the stream channel up and downstream Culvert alignment with stream culvert provides a smooth transition from the upstream to downstream with no sharp bends at entrance and outlet Stream realignment necessary no Sharp bends at entrance and outlet -no Bank stabilization Class I rap rap on banks only for 20 ft downstream Outlet Velocities Natural stream channel 2yr velocity 3 8 ft /sec Proposed Culvert 2yr outlet velocity 2 4 ft /sec Natural stream channel l Oyr velocity 4 4 ft /sec Proposed Culvert l0yr outlet velocity 4 3 ft /sec 2 Roadway Geometric Considerations Evaluate /describe roadway geometric constraints N/A Hydraulic Design Criteria The design criteria for this road would be 25 year (secondary road) The pre and post construction outlet velocities for the 25yr stone are as follows Natural stream channel 25yr velocity--4 6ft/sec Proposed culvert 25yr outlet velocity--5 3ft /sec We provided the 2yr velocity for comparison since it is close to what would be considered the bankfull flow The 10yr velocity was also provided because this discharge is used to evaluate the need for outlet channel protection and or energy dissipation Analysis Process The overall hydrologic analysis for a project begins with review and extrapolation of pertinent information from data sources identified during the pre design study Final determination of sources of watershed areas and base mapping for drainage area delineation are also made at this time Primary resources for this information are • U S G S and T V A quadrangle mapping • U S G S open file report 83 211 "Drainage Areas of Selected Sates on Streams an North Carolina" • Photogrammetnc contour mapping • Aerial photography • Special studies (Corps TVA FEMA) • Field reconnaissance (This is required for most non rivenne drainage areas in the coastal plain as well as any small watersheds in other areas ) The selection of a "design discharge" for a drainage feature is a risk based assessment process involving the evaluation of a range of flood magnitudes for such factors as potential damages costs traffic service environmental impact and flood plain management criteria to determine an appropriate and acceptable structure for each site One specific criterion on which the design is evaluated and generally referred to as the "design discharge" is the flood level and frequency which results in inundation of the travelway Table 4 3 relates desirable minimum levels of protection from travelway inundation to roadway classification Variation from these minimum design levels must be justified through the assessment process and appropriately documented When roadway overtopping is not involved the "design discharge" will be the level of flood used for establishing freeboard and /or backwater limitations TABLE 4 -3 ROADWAY CLASSIFICATION FREQUENCY Interstate (I) 150 year Primary (US & NC) 150 year ,Secondary (Mayor City thoroughfare) —150 year Secondary 25 year The hydrologic analysis process for a specific drainage feature is accomplished as an integral part of the hydraulic sizing and perfonnance analysis Specific discharge criteria and 3 computational needs are addressed in further sections of this guideline for each particular drainage feature Documentation of the hydrologic data is included with the hydraulic design A copy of this permit application addendum will be posted on the NCDOT website at http //www ncdot org /doh/preconstruct/pe /neu/permit html If you have any questions or need additional information please e mail Jeff Hemphill at jemphill @ncdot gov Cc David Chang File Srnc E,7, Gregory J Thorpe PhD Branch Manager Project Development & Environmental Analysis Unit 11 rt"I*- l� Jl.%wlll men PROGRAM December 20 2011 Mr Gregory J Thorpe PhD Manager Project Development and Environmental Analysts Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 Dear Dr Thorpe Subject EEP Mitigation Acceptance Letter B 4989, Replace Bridge Number 148 over Lamance Creek on SR 1326 Transylvania County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory stream mitigation for the subject project Based on the information supplied by you on December 19 2011 the impacts are located in CU 06010105 of the French Broad River Basin in the Southern Mountains (SM) Eco Region and are as follows French Broad Stream Wetlands Buffer (Sq Ft ) 06010105 Cold Cool Warm Riparian Non Coastal Zone I Zone 2 SM Riparian Marsh Impacts 53 0 0 0 0 0 0 0 (feet/acres) This mitigation acceptance letter replaces the mitigation acceptance letter issued on June 24 2011 EEP commits to implementing sufficient compensatory stream mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 If the above referenced impact amounts are revised then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP 1929 If you have any questions or need additional information please contact Ms Beth Harmon at 919 715 Sincerely 4-k- Micha llison EEP Deputy Director cc Mr Lori Beckwith USACE — Asheville Regulatory Field Office Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit File B 4989 Revised jzmtorutj E Prot" Our Sta tel T NCDENR North Carolina Ecosystem Enhancement Proaram 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceeo net 1 Ol w O• C i ux w ®® z C/) �LL � a O U ti Z Q �i U H �i U U Ch a x a O 1� �v F �a O � a N � ❑� l__OOE48 aV'N LLI V A� ti w W F- ui U _J III 7 0 m m • O • O • m W C 0 � c OO E ad D -0 o0 Lu �HE F' 6W -S .10910?Id dLL d 4C y a W6 z o K 0 o x Ch O 0 q LU y J m W 0 � 0 o J W ,Zi t W tf) d N a o ce U < a �O o u om _ � s LU W u, Z mD J J } 'R y< g2 FN M e M 2Q50 W CW WZ �= xt I 0 0Q Z 0E- Vp->ZUu mo Z < LL� Z 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'5..:.. 3...................... ........... :S::ES ........_... =, r ..... 35715:511::5:75: ._..-- - - - 551 - -- a N O ft z,0142,1 Permit Drawing sheet(_ of !D 22 v i t el Permit Drawing Sheet �_ of d =o W LL. ioe- LU z ao a UW zpz �p x�., �w T ® CD �WW , b.0���U o � I °- 0 � a �z > o wa ,t ( En 01% x a ( Xn 0 Ln O OCM U. z (� o N� a (rl I � o .o N l _ coin LU Q;o n W 1h LU X � 1 C14 N R l ,.a a cc N ca uj CD o y �`) W in I 1 lr 1� N r- N LO � I( I y8 " o �� N CV W " o LO I to I I 0 0 � N C14 CN 22 v i t el Permit Drawing Sheet �_ of d DETAIL OF SILLS AT RCBC (NOT TO SCALE) CL I RIP RAP ON --i BANKS ONLY 11 CULVERT OUTLET LOOKING UPSTREAM CL I RIP RAP ON BANKS ONLY NOTE 3 SILLS - 1 @ENTRANCE, 1 921', AND 1 @OUTLET NCD®T DIVISION OF HIGHWAYS TRANSYLVANIA, COUNTY PROJECT 4046L11 (B-4989) SR 1326 MACEDONIA CHURCH RD LAMANCE CREEK SHEET OF 41191111 /I ZV1416 PArmat Dmwinn Sheet a„7_ of PARCEL NO _1 2 PROPERTY OWNERS NAMES AND. � .DDRESSES-- _ — NAMES ADDRESSES Mounce & Patncia Whitmire 507 Highland ,Ave - Johnson Crty -Tenn- 37604 United States Forest Service 160 Zdlicoo St Ste.A Asheville NC 28801 -1082 NCD®T DIVISION OR HIGHWAYS TRANSYLVANIA COUNTY PROJECT 4046111 (B -4989) SR 1326 MACEDONIA CHURCH RD LAMANCE CREEK SHEET OF IL 2 A hZh 41111 ®11 AzV ht� P rmrt Drawmg shed 10 of k 2 CD z o _ \E / I > - ƒ)k rt 2 /pEE2©GB c- LL E�� /O G /mp o 0 \_ c §$/ CN 0 k U) v CL a. 2 \ B co to to § � B 7 LU IL / 7 \ z �m 2222\ a) v v Q 2< .0 \ z §` \k 3 2 77 ƒ E��� ®�\ a)f \oG 3 [2$39 * v � ok « ck ee o3 \/ �a � 2ƒ � _ �LL / Cl) \z \ OP AzV ht� P rmrt Drawmg shed 10 of Dagnino, Carla S From Dagnino Carla S Sent Tuesday January 10 2012 9 41 AM To mike parker @ncdenr gov Cc Hemphill Jeffrey L Subject B 4989 Transylvania County Attachments B 4989 404 Application Addendum pdf B 4989 Revised Perm itDrawings pdf B 4989 STIR FB 05 DOT Revised pdf 20120109133448688 pdf GP 31 pdf Importance High Hi Mike We received a 401 from you back in August 2011 for this project We did not receive a 404 due to the USACE finding our application and document not complete in respect to alternative selection and avoidance /minimization measures when we go from a bridge to a culvert Last year several folks at DOT met and worked on the avoidance /minimization measures for projects where culverts are being used in sensitive waters (such as trout) In addition while we were in review of this particular project Lori noticed that the length of impact and culvert length did not match up We received a new set of drawings and EEP acceptance letter to rectify this oversight in the initial permit application That information was submitted to Lori and yesterday we received the 404 for this project Attachments for your review • 404 application addendum sent to USACE November 8 2011 • Revised permit drawings showing the impacts of 53 feet for the culvert and 20 feet for bank stabilization (previous application had 33 feet for the culvert and 17 feet for bank stabilization) • Revised EEP acceptance • Section 404 Permit from USACE • GP31 Conditions I am sorry we left you out of the loop That was a mistake on our part At this point I would like to know what you need from us to acquire a modified 401 We are running against a tight clock (January 31 review date for the permit) so any way you can help our would be appreciated Thanks Carla Carla Dognino Project Management Group Natural Environment Unit NCDOT Project Development and Environmental Analysis Voicemail 919 707 6110 FAX 919 212 5785