HomeMy WebLinkAbout20071185 Ver 1_Application_20070709
Heaven's Rose, Inc.
Engineering Services
P. O. Box 132
Hazelwood, NC 28738-0132
US Army Corps of Engineers, Wilmington District
Asheville Regional Field Office
Attn: Lori Beckwith 0 7- 1 1 ~ 5
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
June 28, 2007
Dear Ms. Beckwith:
~.f~T rv
Enclosed is the PCN and supporting documentation for Topez Ridge. Topez Ridge is a
proposed 25 acre development in Jackson County located 0.5 miles west of SR 1709
Blanton Branch Road. In order to improve the current logging road to meet NC
Department of Transportation standards for subdivision entrance, it is necessary to under
drain 133' of intermittent seep. This seep is an Unnamed Tributary to Blanton Branch.
Approval from NC DOT to encroach on their right of way has been obtained to construct
the proposed under drain and 2x3x32 junction box.
Please do not hesitate to contact me if you should have any questions.
Sincerely,
Wanda H. Roach, PE
Alvin N. Kinkaid
Kinkaid Properties
351 Julalbo Road
Whittier, NC 28789
June 28, 2007
Lori Beckwith
US Army Corp of Engineers
Wilmington District
Asheville Regional Office
Dear Ms. Beckwith:
Wanda H. Roach, PE with Heaven's Rose, Inc. is acting on my behalf to obtain the
necessary permits for the construction of entrance into Topez Ridge. This includes
permits from The US Army Corp of Engineers, the State of North Cazolina Department
of Transportation and any other regulatory agency.
Sincerely,
G~ r~ °~~~~ .'
Alvin N. Kinkaid
Uff~Ce Use DIIIy: Form Version March OS
USACE Action ID No. DWQ No. X 7_ 1 1 8 5
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
~~ /`` ~'
a.
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIiI,
and check here: ^
5. If your project is located in any of North Cazolina's twenty coastal counties (listed on page
4), and the project is within a North Cazolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), checl~:.~ ^ '; ~ ~' `-~,
f i;
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II. Applicant Information '~ ~. ~~
., ~U~/
1. Owner/Applicant Information t ~~
Name: Alvin N Kinkaid Kinkaid ProQerties ~~```,`° , ,' ~'' :,` A`~'`:t°
Mailing Address351 Julalbo Road Whittier NC 28789
Telephone Number: (828) 421-8121 Fax Number:
E-mail Address:
2. AgentJConsultant 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: Wanda H. Roach PE
Company Affiliation: Heaven's Rose Inc.
Mailing Address: P.O. Box 132
Hazelwood NC 28738
Telephone Number: 828-342-5079 Fax Number: n/a
E-mail Address: roach w~„~yahoo com
Updated 11/12005
Page 5 of 12
III. Project Information
Attach a vicinity map cleazly 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: Tonez Rids;e
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 7652-85-1230
4. Location
County: Jackson Neazest Town: Sylva
Subdivision name (include phase/lot number): Tonez Ridae
Directions to site (include road numbers/names, landmazks, etc.): From Asheville, take I-40
West to US 74 Follow US 74 west to milepost 87 or 0.5 miles west of SR 1709 Blanton
Branch) Pro~erty is on the right side of US 74
5. Site coordinates (For lineaz projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3947 °N 83.1672 °W
6. Property size (acres): 25.17 acres
7. Name of nearest receiving body of water: Blanton Branch
8. 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/malas/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property is 80% or more wooded. There is an lo~~in~
Road on the uroperty Adiacent properties are residential and commercial.
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
This ~roiect will include underdrainin>; a natural seep 133 feet to an existing 30" CMP and
Constructing a 2x3 drop inlet at the culvert inlet _
11. Explain the purpose of the proposed work: Fill an existing hole to construct new driveway
Entrance .
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. none
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.
None aze anticipated at this time
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Construct underdrain with
#57 stone and filter fabric to proposed 2x3 drop inlet at the inlet of an existing 30" CMP
Updated 11/12005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but aze not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
ewr~aratPly lief imnactc [111P. to tenth StrllCture and flOOdi11S.
Wetland Impact M
Site Number
(indicate on map) `
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but aze not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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 he included_ To calculate acreage. multivly length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
1 UT to Blanton Branch Underdrain/fill Intermittent 1' 133 0.003
Total Stream Impact (by length and acreage) 133 0.003
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but aze not limited to
fill_ excavation dreds?irls?. flooding. drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
6
List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Impact (acres): 0.003
Wetland Impact (acres):
O en Water Impact (acres):
Total Impact to Waters of the U,S. (acres)
Total Stream Impact (linear feet): 133
7. Isolated Waters
Dv any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or lineaz feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface azea:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The current driveway is inadequate for two traffic The driveway can not be moved west due to
the topography of the proper Relocating the drivewa two align with the existins; crossover on
US 74 will improve the safety of the travelingpublic and the residents of Topez Ride.
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.
Updated it/1/2005
Page 9 of 12
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment aze 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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 Cazolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/lineaz 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 Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at htt~//h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (lineaz feet): n/a
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (requfred by DWQ)
upa~t~a iinnoos
Page 10 of 12
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
X.
2. 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 ^
3. 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 ^
Proposed fmpacts on Riparian and Watershed Buffers (required by DWQ)
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 cleazly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts aze 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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" s uare feet Multiplier Mitgwtion
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Updated 11/12005
Page 11 of 12
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The roadway will be .paved during a later~hase of the development. Therefore, there is no
impervious acreage at this time Silt fence will be utilized to control erosion around the
perimeter of the borrow area located on site _
XII. Sewage Disposal (required by DWQ)
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 waste water will be,.,generated at this time An onsite waste water permit will be apylied for
at a later date/stage of the development
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1SA NCAC 2H .OS00) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based an past and reasonably anticipated future impacts) result in additional
development, which could impact neazby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Cazolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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
t
4
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
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ROUTE US 23/74
PROJECT Topez Ridge COUNTY OF
T.
STATE OF NORTH CAROLINA
Jackson
DEPARTMENT OF TRANSPORTATION
-AND-
Kinkaid Properties
351 Julalbo Road, Whittier, NC 28789
THIS AGREEMENT, made and entered into this the a~s~` day of ~~ ', 20 07 , by and between the Department
of Transportation, party of the first part; and Alvin N. Kinkaid of Kinkaid Properties
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) US 23/74
At milemarker 87
RIGHT OF WAY ENCROACHMENT AGREEMENT
FOR NON-UTILITY ENCROACHMENTS ON
PRIMARY AND SECONDARY HIGHWAYS
located 0.5 miles west of SR 1709 (Blanton Branch
with the construction and/or erection of: Fill in low area and. construct drainage structures to facilitate the construction
Of a new driveway location perpendicular to the existin crossover.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and
the party of the first part in the exercise of authority conferred upon it by statute, js willing to permit the
encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
part the right and privilege to make this encroachment as shown on .attached plan sheet(s), specifications and
special provisions which are made a part hereof upon the following conditions, to wit:
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe
and proper condition that it will not intertere with or endanger travel upon said highway, nor obstruct nor intertere with the proper
maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways
and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time
the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the
second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the
said requirement, without any cost to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal
lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic
Control Devices for Streets and Highway and Amendments or Supplements thereto. Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages
and claims for damage that may arise by reason of the installation and maintenance of this encroachment.
It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any
damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and
maintenance operations.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction.
of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs,
other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable
rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control
Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to
pollution prevention and control. When any installation ormaintenance operation disturbs the ground surface and existing
ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to
meet the satisfaction of the Divlslon Engineer of the party of the first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary
by the Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of
this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all
work unless evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the
second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has
been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway
projects under construction will not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part
reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost
to the party of the first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein
is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the
party of the second part from the party of the first part.
FORM R/W 16.1 A (January, 1981)
R/,W (161A) :Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161A) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
ATTEST OR WITNESS:
DEPARTMENT OF TRANSPORTATION
4
BY:
f`~1'$IDn''~ LQ~
~~,~, ~ ,
C~%ti~) yzl~i2t
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and
be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate
seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of
the Manager of Right of Way. In the space provided in this agreement for execution, the name of the
corporation or municipality shall be typed above the name, and title of all persons signing the agreement
should be typed directly below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The
address should be included in this agreement and the names of all persons signing the agreement
should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the
following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the proposed encroachment.
4. Length and type of encroachment.
5. Location by highway survey station number. If station number cannot be obtained, location
should be shown by distance from some identifiable point, such as a bridge, road,
intersection, etc. (To assist in preparation of the encroachment plan, the Department's
roadway plans may be seen at the various Highway Division Offices, or at the Raleigh
office. )
6. Drainage structures or bridges if affected by encroachment.
7. Typical section indicating the pavement design and width, and the slopes, widths and
details for either a curb and gutter or a shoulder and ditch section, whichever is applicable.
8. Horizontal alignment indicating general curve data, where applicable.
9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where
applicable.
10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable.
11. Cross-sections of all grading operations, indicating slope ratio and reference by station
where applicable.
12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure
details and other related information.
13. Erosion and sediment control.
14. Any special provisions or specifications as to the performance of the work or the method of
construction that may be required by the Department must be shown on a separate sheet
attached to encroachment agreement provided that such information, cannot be shown on
plans or drawings.
15. The Department's Division Engineer should be given notice by the applicant prior to actual
starting of installation included in this agreement.
16. Method of handling traffic during construction where applicable.
17. Scale of plans, north arrow, etc.
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
June 28, 2007
Encroachment No.: 20079621
Location: US 23/74
County: Jackson
District Engineer: Jonathan L. Woodard, P.E.
(828) 488-2131
Mr. Alvin Kincaid
Kinkaid Properties
351 Julalbo Road
Whittier, NC 28789
Dear Mr. Kincaid:
LYNDO TIPPETT
SECRETARY
Attached for your files is a copy of a contract which has been properly executed for the encroachment on
NC DOT right-of--way designated as Route US 23/74, located 0.5 miles west of SR 1709, for the
construction of a standard drop inlet, standard concrete box, 18 inch CMP, and grading and tilling as shown
on the attached drawings.
The following and attached standard and project special provisions are conditions of this encroachment.
• The applicable environmental permits must be received at the NCDOT District Office prior to
any work on this encroachment. Failure to provide the necessary envirommental permits will.
void this encroac}unent contract.
If you have any questions please contact Mr. Jonathan L. Woodard, P.E., District Engineer, whom you
can reach at the District Engineer's office at (828) 488-2131.
Sincerely,
~~GcJ
. B. Setzer, P.
' Division Engineer
JBS/SJW/lh
cc: Utilities Coordination Unit
District Engineer
File
Fourteenth DivisionOffice, 253 Webster Road, Sylva;_ Norih _Carolna 28779
Tele hone: 828-586-2141 'www.doh.dot.state.nc.us° Fax: 828-586-4043
.~~,.
Kinkaid Properties, Inc.
Alvin N. Kinkaid
351 Julalbo Road, Whittier, NC 28789
Mr. Jonathan Woodard, PE
District Engineer
345 Toot Hollow Road
Bryson City, NC
Dear Mr. Woodard:
Enclosed is an application for encroachment on US 74 0.5 miles west of SR 1709 Blanton
Blanch Road in Jackson County. I am proposing to build a 20 parcel subdivision, Topez
Ridge, on the 25 acre tract. I have been in contact with the US Corp of Engineers about
the underdrain of the UT to Blanton Branch. Before I can apply for the permit, I am
required to have NCDOT's permission to perform the construction. Therefore, upon your
approval of the encroachment, I will apply for the environmental permit and subsequently
an NCDOT driveway permit. Details of the proposed deceleration lane and the interior
road system will be in the driveway permit.
Please call me if you have any questions.
Sincerely, e
~~~~ ~ ~ '
Alvin N. Kinkaid
:~ ,
Construction Schedule
1. Clear and Grub slope adjacent to the west of the proposed driveway. This will be
the borrow for the construction, mostly on NCDOT right of way.
2. Construct Structure 2 to elevation 2469
3. Place approximately 4840 cy of material in hole.
4. Set Structure 1 at the inlet of existing 18" CMP
5. Tie drop inlet to junction box with approximately 30' of 18" CMP
6. Finish construction of Structure 2 to elevation 2495
Engineering Notes
1. Borrow pit will be left on a 1 '/2 : 1 slope
2. Area will be seeded and mulched with Kentucky 31 within 21 days of final grade
and will be seeded with temporary seeding if left more than 3 days.
3. The area will be filled with approximately 26,400 cy of material.
Location Map
STANDARD SPECIAL PROVISIONS FOR ENCROACHMENTS
REVISED JUNE 2005
1. Notify the District Engineer's office at least 3 day's prior to commencing work and again upon completion of
work. (828- 891-7911)
2. Traffic control devices and procedures shall be installed to ensure public safety and shall comply with the latest
edition of the Manual on Uniform Traffic control Devices and the N.C. Department of Transportation's
Standards and Specifications for Roads and Structures.
3. Contact the appropriate Utility Company(ies) involved and make satisfactory arrangements to adjust any utilities
in conflict with the proposed work prior to construction.
4. Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District
Engineer. Drainage structures shall not be blocked with excavation, construction or other materials. In addition,
any drainage pattern that is altered must be repaired /modified. This work must meet NCDOT standards, and
result in proper and adequate drainage of disturbed area. This includes but is not limited to culverts, ditches,
shoulders, or drainage structures. The District Office is to be notified of any changes made.
5. Trenching, bore pits and/or other excavations shall not be left open or unsafe to pedestrian or vehicular traffic
overnight or during holidays and weekends and shall comply with all O.S.H.A regulations and requirements.
6. All fill areas/backfill shall be compacted to 95% density in accordance with AASHTO T99 as Modified by
NCDOT. All material to a depth of 8.0" below the finished surface of the sub-grade shall be compacted to a
density equal to at least 100.0% density in accordance with AASHTO T99 as modified by NCDOT. The sub-
grade shall be compacted at a moisture content which is approximately the required to produce the maximum
density indicated by the above test method. The contractor shall dry or add moisture to the sub-grade when
required to provide a uniformly compacted and acceptable sub-grade.
7. Proper temporary and permanent measures shall be installed and maintained for the duration of the
encroachment to control erosion sedimentation in accordance with local, State and Federal regulations.
8. Materials and workmanship shall conform to the N.C. Department of Transportation's Standards and
Specifications for Road and Structures and Roadway Standard Drawings.
9. Strict compliance with The Policies and Procedures for Accommodating Utilities on Highway Rights of Way
shall be required.
10. Silt basins shall be removed as soon as possible and shall not infringe on the roadway or components of the
roadway including required clear recovery areas or any other areas traversable by vehicles.
11. It is the encroaching party's responsibility to determine if any permits are required by other local, state and
federal governments to perform the work described in the encroachment and to secure such permits before any
construction begins.
12. Any work requiring equipment or personnel within 5.0' of the edge of the travel lane shall require a lane closure
in accordance with NCDOT Standards and Specifications for Roads and Structures and Roadway Standard
Drawings manuals and the latest edition of the MUTCD or supplements thereof.
13. No material or equipment storage will be allowed within 30.0' of the edge of the travel lane without the
permission of the Engineer. Absolutely no material or equipment storage will be allowed within 15.0' of the
edge of the travel lane.
14. NCDOT does not guarantee the right of way on these roads, nor will it be responsible for any claim for damages
brought by any property owner by reason of this installation.
15. If any blasting is required, the maximum peak particle velocity shall be limited to 4.0 in./sec. As measured at the
closest structure extremity.
..t°
16. Any changes to the encroachment must be submitted in writing to the Engineer for review and comment. Failure
to request changes may result in cancellation of the encroachment agreement.
17. All disturbed right of way monuments shall be reset by a NC licensed Surveyor in accordance with NCDOT
Standards and Specifications for Roads and Structures and Roadway Standard Drawines manuals.
18. No lane closures will be allowed prior to 8:30 AM or after 4:30 PM. No lane closures will be allowed on
weekends or on State observed holidays.
19. All manhole lids, water valves/meters and applicable concrete encasements shall be set flush with the natural
ground elevation and should be located so as to minimize interference with highway drainage. All fire hydrants
must be located a minimum 5.0' behind the ditch line.
20. All longitudinal installations of proposed encroachments shall be located as close to the outside edge of the
Right of Way and as far away from the outside edge of the nearest travel lane as possible to the satisfaction of
the District Engineer.
21. All manholes and vaults shall be of a design approved by the State Design Services Engineer. A list of
previously "Approved Manholes and Vaults" may be obtained from the State Design Services Engineer.
22. All driveways altered during construction shall be at a minimum returned to a state comparable with the
condition of the driveways prior to construction.
23. An Executed copy of this Encroachment agreement will be present at the construction site at all times during
construction. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit,
restrict or suspend operations within the right of way.
24. All roadway signs which are removed due to construction shall be reinstalled as soon as possible.
25. Ingress and egress shall be maintained to all business and dwellings affected by the project. Special attention
shall be paid to police and fire stations, fire hydrants and hospitals.
26. Vegetative cover shall be established on all disturbed and damaged areas to the satisfaction of the District
Engineer in accordance with the attached Seeding and Mulching guidelines. The N.C. Department of
Transportation reserves the right to modify the guidelines for unique situations or as recommended by the Area
Roadside Environmental Engineer.
SEEDING AND MULCHING GUIDELINES
MATERIAL May 1 - Aug. 31 Sept. 1 - Apri130
Kentucky 31 Fescue 100 Lb./Ac. 100 Lb./Ac
ox
Hard Fescue 15 Lb./Ac. 15 Lb./Ac.
Fertilizer 500 Lb./Ac. 500 Lb./Ac.
Limestone 4000 Lb./Ac. 4000 Lb./Ac.
Rye grain ----------------- 25 Lb./Ac.
German Millet 25 Lb./Ac. -----------------
Mulch with grain straw 40 bales/Ac. 40 bales/Ac.
NOTES
A. Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-2 ratio is
maintained and the rate of application is adjusted to provide the same amount of nutrients as the 10-20-20
analysis.
B. Hard Fescue may be substituted for Kentucky 31 Fescue and Vice Versa however see the above table as the rate
of application for the two materials is different.
C. Seeding and mulching operations shall be adapted to various weather or soil conditions as necessary for the
successful establishment and growth of the grasses and legumes as directed by the Engineer.
27. The encroaching party shall comply with all applicable federal, state, and local environmental regulations, and
shall obtain all necessary federal, state, and local environmental permits, including but not limited to, those
related to sediment control, storm water, wetland, streams, endangered species, and historical sites.
28. Excavation within 1000 feet of a signalized intersection will require notification by the party of the second part
to the Division Traffic Engineer at telephone number 828-631-1185. All traffic signal or detection cables must
be located prior to excavation.
29. With directional boring, under no condition shall jetting alone or wet boring with water of utility pipelines be
allowed. Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a
minimum depth often (10) feet below the pavement surface (fifteen feet below the surface of controlled access
roads) and five (5') below any ditch line. Any parallel installation utilizing the directional boring shall be made
at a minimum depth of three(3') feet (cover) below the ground surface except where the parallel installation
crosses a paved roadway. The tip of the drill string shall have a cutter head. Any changes shall be submitted to
the District Engineer for approval prior to construction. An overbore shall not be more than two (2") greater
than the diameter of the pipe or encasement will be considered, if the encroachment agreement includes a
statement signed and sealed by a North Carolina Registered Professional Engineer, indicating that an overbore in
excess of two (2") inches of the pipe or encasement will arch and no damage will be done to the pavement or
subgrade.
30. Any open cut pavement must be repaired /replaced with an NCDOT approved Bituminous material within 48
hours. NCDOT will not be responsible for damages incurred to the traveling public where the pavement has
been cut.