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Home My WebLink About20120149 Ver 1_401 Application_20120213fe J 20120149 FnD�CE�� FEB - 8 2012 NC DENR Raleigh NC oral Office North Carolina Wildlife Resources Commission Iff Gordon Myers Executive Director February 6 2012 COURTESY Ms Loretta Beckwith - P U S Army Corps of Engineers Regulatory Branch 151 Patton Avenue Room 208 Asheville North Carolina 28801 5006 SUBJECT Nationwide Permit Application for Cherokee County S Culvert UT Valley River Cherokee County Dear Ms Beckwith 0)�� i FFEB - 8 2032 Rai � � NR��' � "ff re Mr Gary Wright with Cherokee County Schools requested a permit to put a culvert in a tributary to the Valley River behind the Murphy Middle School I visited the project site on January 31 2012 with Mr Wright Comments from the Commission on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U S C 466 et seq ) and the Fish and Wildlife Coordination Act (48 Stat 401 as amended 16 U S C 661 667d) The project will not harm trout and it is not necessary to avoid construction during the moratorium period We have no major concerns with this protect but do recommend adding the following conditions to the permit to help conserve aquatic resources in the river downstream of the site 1 If possible stream excavation /disturbance should not occur from April 1 to June 15 to avoid turbidity and sedimentation during the sicklefin redhorse spawning season 2 Effective sediment and erosion control measures must be used and maintained to reduce erosion from the site into the stream Thank you for the opportunity to review and comment on this project Please contact me at 828/452 0422 x24 if you have any questions about these comments Sincerely FEB 1 3 2012 Dave McHenry DENR WATER QUALITY Mountain Region Coordinator Habitat Conservation Program KLANDSANDSTORMWWATERBRANCH cc Mr Gary Wright Cherokee County Schools Mailing Address Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721 Telephone (919) 707 0220 Fax (919) 707 0028 �� L� Y ]]] � 20120149 Use Only action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 10 PCN Form – Version 1 3 December 10 2008 Version Pre -Con a e1 ell P Form A Applicant Information COURTESY 1 Processing COPY la Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 39 or General Permit (GP) number 1 c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d 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 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project High School Circle Project 2b County Cherokee 2c Nearest municipality / town Murphy 2d Subdivision name n/a 2e NCDOT only T I P or state project no n/a 3 Owner Information D L,'nKaflwmi� 3a Name(s) on Recorded Deed Cherokee County Schools 3b Deed Book and Page No n/a F 1 3 3c Responsible Party (for LLC if applicable) Gary Wright DENR W -e( 3d Street address 911 Andrews Road e an s & St — –.- Branch 3e City state zip Murphy NC 28906 3f Telephone no 8281837 2722 228 3g Fax no 828/837 5799 3h Email address gary wnght @cherokee k12 nc us Page 1 of 10 PCN Form – Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other specify 4b Name 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 5b Business name (if applicable) 5c Street address 5d City state zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 10 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) n/a Latitude 35 101050 Longitude lb Site coordinates (in decimal degrees) 84 014492 (DD DDDDDD) ( DD DDDDDD) 1c Property size 5 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Valley River proposed project 2b Water Quality Classification of nearest receiving water C Tr 2c River basin Hiwassee 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 Public school stream channel behind public school 3b List the total estimated acreage of all existing wetlands on the property unk 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property unk 3d Explain the purpose of the proposed project Fill in hole to stop illegal dumping and help stabilize building fill slope 3e Describe the overall project in detail including the type of equipment to be used Trackhoe dump truck hydroseeder will be used to install culvert and backfill isolated stream channel between to existing culverted stream sections 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes El No ®Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination what type ❑ Preliminary ❑ Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 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 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 3 of 10 PCN Form — Version 1 3 December 10 2008 Version 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 W1 ®P ❑ T fill riparian /old ❑ Yes ® Corps 001 sediment basin ® No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 2h Comments The wetland if true wetland appears to be an old sediment basin /or where erosion fill up the stream channel with sediment during construction of the school 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 jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non 404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T culvert UT Valley River ® PER ❑ INT ® Corps ❑ DWQ 2 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments Stream inmpact will fill isolated stream channel between two existing culverted sections Page 4 of 10 PCN Form — Version 1 3 December 10 2008 Version 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 individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑ PEI T 04 ❑P ❑T 4f Total open water impacts 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 purpose (acres) number of pond I I Flooded Filled Excavated Flooded I Filled I 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 Project is in which protected basin? 6b 6c 6d Buffer impact number — Reason Permanent (P) or for TemDorary (T) impact B1 ❑P ❑T B2 ❑P ❑T B3 ❑P ❑T 61 Comments ❑ Neuse ❑ Tar Pamlico ❑ Other ❑ Catawba ❑ Randleman 6e I 6f I 6g Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h Total buffer impacts Zone 1 impact Zone 2 impact (square feet) I (square feet) Page 5 of 10 PCN Form — Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Impacts are unavoidable to shore up slope to budding 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Will use effective erosion controls (hydro seeding) to reduce losses of sediment downstream 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 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 3b Credits Purchased (attach receipt and letter) Type -T- 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 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 Page 6 of 10 PCN Form — Version 1 3 December 10 2008 Version 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 Page 7 of 10 PCN Form — Version 1 3 December 10 2008 Version 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 ❑ Yes El No Comments 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 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 ❑ 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 government s jurisdiction is this project? Cherokee County ❑ 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 ❑ HQW 4a Which of the following state implemented stormwater management programs apply El ORW (check all that apply) ❑ 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 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1 3 December 10 2008 Version 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)? 1c 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 letter) ❑ Yes ❑ No 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 2B 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 ® No additional development which could impact nearby downstream water quality? 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 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 Disposal already available at school Page 9 of 10 PCN Form — Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ® No 5b Have you checked with the USFWS concerning Endangered Species Act impacts'? ❑ Yes ® No 5c If yes indicate the USFWS Field Office you have contacted ❑ Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ® No 7b What data sources did you use to determine whether your site would impact historic or archeological resources? www hpo ncdcr gov 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? ❑ Yes ® No 8b If yes explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? http / /floodmaps nc gov Gary Wright Applicant/Agent s Printed Name 1,4� 2� Date App cant/Agent s S natu a (Agents signature is v only if an authoriza ter from the applicant is provided Page 10 of 10 PCN Form — Version 1 3 December 10 2008 Version I 1515:11 -� 3 15 s. 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