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HomeMy WebLinkAbout20071241 Ver 1_Application_20070719d ~~~o S ~ ~,~ '~ aw., Vw'' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY July 17, 2007 Mr. David Baker, NCDOT Regulatory Project Manager n n U.S. Army Corps of Engineers LJ / 2 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 14 Permit Application Lime Kiln Lane (No SR Number) Transylvania County State Project # 140.088023 (DWQ Minor Permit $200.00) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to replace and extend one existing metal culvert under Lime Kiln Lane, which is northeast of Brevard. This road does not yet have an assigned SR number. The culvert does not have sufficient length to accommodate current secondary road standards. In order to secure adequate shoulders and lane width, NCDOT is seeking a permit for the culvert replacement/extension on this project. Lime Kiln Lane is a secondary unpaved road, which conveys local traffic. I am enclosing a typical section of the road, drawings for pipe culvert replacements, a marked county map and a USGS quad map. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records of threatened or endangered species for Boylston Creek. Additionally, there are no records downstream in Boylston Creek to the confluence with the French Broad River. Boylston Creek is small (3-foot wide) and does not have sufficient flow to support mussels. The impacts from this culvert replacement will be minimal. For these reasons, we believe will be "no effect" on threatened or endangered species. ~7./ L~' ~~ /~C ~,~r~ ~T~qN~ ~~~~' ~ I~ ~ <~~ NEST ~``r~ ~C~ ~.d' O~~wG~~' ~~ -, ~- cy Page 2 of 3 ana ement practices will be used to minimize andrea to orninimize eros on and The best m g erosion on this project. Water will be pumped around the wor a tation from the pipe trench. The construction forema s e fectively cont oll d n If the sedimen control measures during installation to ensure sedimentation ed devices are not functioning as intended, they will be rerpla~oed ip~ulvert removaleand plann devices. The sedimentation control devices will be in place p remain in place until the new pipe is in place. Impacts to W aters of the United States n Creek is shown as a perennial stream on the USGS topong oiled of asandhandr gravel Boylsto approximately 3 feet in wldve etat on. Leaf litter along the channel has signs of deposition. substrate. The channel lacks. g For these reasons, we believe that this stream is under; be necessary to impacs waters of the of Engineers. In order to replace this culvert, it wil 'ted States in the French Broad River Basin. Specifically, NCDO whichgisetributary tol the Um and extend one metal culvert in Boylston Creek (DWQ Clas French Broad River. Listed below is a summary of the proposed impacts. Site Existing Condition Proposed condition Net Impact No./Station Site 1 20' x 42" CMP 40' x 48" CMP 20 Site lA Open Channel Temporary Sandbag Dike 35 ft2 Site lA Free Flowing Channel Temporary Flow Diversion 105' Total Impact 20 linear feet Permits Requested CDOT is hereby requesting authorization under Section 40 aon askingeMr Davi McHenry, N co of this letter, construction project outlined above. By Py ountain Region Coordinator, of the North Carolina N ionwidePe~mit requesmmission M (NCWRC) tQ comment directly to you concerning the 404 also re uesting authorization under Section 401 of the C1eanDE R), Division of Water I am q Carolina Department of Environment and Natural Resources lit DWQ)• In addition, I am asking Mr. McHenry eri d ectlydto me con~ernsing Qua y Environmental Field Operations Engineer (NCDOT), to comm this permit request. Page 3 of 3 If you have any questions or need additional information, please contact Mr. Mark Thomas or me at (828) 891-7911. Sincerely, ~~ ~ ~~ Mark T. Gibbs, P.E. District Engineer Enclosures cc: Mr. John Hennessy, DWQ, DENR, Raleigh (four copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. David McHenry, Mountain Region Coordinator, NCWRC Ms. Marella Buncick, Biologist, USFWS Asheville Mr. J. B. Setzer, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer Mr. E.L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Mr. Jeffrey H. Moore, P.E., Transylvania County Maintenance Engineer, NCDOT File ~~ _.t<- :-,~ ~ ~ ~~~ W A T FRQ ~O G ~ r .~ O ~ Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules SR unavailable, Lime Kiln Lane Transylvania County Of ryORTN C'q~P h ~ ~ ~ ~ z A ~~T ~F~rOF i ~~~ RANSeO NCDOT, Division 14 Page 1 of 10 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. 2 0 ~ 7 ~ 2 4 ~ fir any panicuiar item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 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 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 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 Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: 4142 Haywood Road Horse Shoe, NC 28742 Telephone Number: 828-891-7911 Fax Number: 828-891-5026 E-mail Address: 2. Agent/Consultant 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: Mark T. Gibbs, P.E. Company Affiliation: North Carolina Department of Transportation Mailing Address: 4142 Haywood Road Horse Shoe, NC 28742 Telephone Number: 828-891-7911 Fax Number: 828-891-5026 E-mail Address: mgibbs@dot.state.nc.us Page 2 of 10 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: Lime Kiln Lane (SR # not yet assigned) 2. T.I.P. Project Number or State Project Number (NCDOT Only): 140.088023 3. Property Identification Number (Tax PIN): N/A 4. Location County: Transylvania Nearest Town: Brevard Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From the Transylvania- Henderson county line on NC 280 qo west approx. 1.0 miles to the intersection of NC 280 and Lime Kiln Lane near Brevard Turn left onto Lime Kiln Lane qo south a rox. 0.1 miles to the referenced Site. 5. Site coordinates (For linear 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): Site 1: 35.31861 °N 82.65556°W 6. Property size (acres): 7. Name of nearest receiving body of water: Boylston Creek (DWQ Class C) 8. River Basin: French Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http~//h2o enr.state.nc.us/admin/maps/.) Page 3 of 10 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mixed use 10. Describe the overall project in detail, including the type of equipment to be used: The culvert does not have sufficient length to accommodate current secondary road +~n,~ar~~ fnr safety. In order to secure ade uate shoulders and lane width NCDOT vaan. ........ ~._ .-- --- is seekin a ermit for the culvert re lacement extension on i loader dum truck and standard hand tools will be used to com lete this work. 11. Explain the purpose of the proposed work: The crosspipes will be replaced/extended to rovide ade uate shoulders and lane widths. 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. N/A 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. N/A 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. Page 4 of 10 ro riate. stream evaluation and delineation forme should P e included as app If this roposed impact is strictly for Wetland and licant s dlscretlo Photographs may be included at the app act in Section VIII below. If addittona wetland or stream mitigation, list and des;ease attach a separate sheet. space is needed for listing or description, p ro osed im acts: In order to construct the 0 tion of the p P P l . Provide a written descrip rdance with our current seconda roadoa~ Rd erdBasin nS ec ficall ro~ect In acc~ ,~ Boylston Creek _......~„r~ ~f the United States in the French nnP culvert ~_~- but are not limited to acts. Types of impacts d tching/drainage, etc. For dams, 2. Individually list wetland imP flooding, mechanized clearing, grading, fill, excavation, separately list impacts due to both structure and flooding. Located within Distance to Area of Impac Wetland Impact Type of Wetland 100-year Nearest Stream (acres) Site Number Type of (e g., forested, marsh, Floodplain (linear feet) (indicate on Impact herbaceous, bog, etc.) (es/no) 0 N/A 3 4 0 Total W ne alal d Impact (acres) 1 acrea e (estimated) of all existing wetlands on the property: NIA List the tota g erennial stream impacts. Be sure to identifytemporary am im acts include, but are not limited to plecemCet of fill or culverts, Individually list all intermittent and p meet walls, rip-rap, crib impacts. Stream P ro osed, construction, flooding, relocation, stabilization activities g ' s etc.), excavation, ditching/straightening, etc. If stre a and relocated stpreams walls, gablon , 43,560. plans and profiles showing the lieaae f mupply lengthtX width, then divide by must be included. To calculate acr g Average of Stream Impact Number (indicate on map) Site 1 Site 1 A Site 1 A Stream Name Boylston Creek Boylston Creek Boylston Creek a Stream Type of Perennial or width Impact Intermittent? Before Im act Culvert Perennial 3' Flow Perennial 3' Diversion Dike I Perennial 17' (Dike) Impact Lenb h Area Impact (linear feet) (acres) 20 0.00138 100 N/A 5 0.00080 20 0. 00138 105 0.00769 act b length and acreage) Total Stream Imp ( Y Im acts De-water Channel and Impervious Dike Respectively Temporary p Page5of10 onds, estuaries, sounds, Atlantic $. Individually list all open waf ~~ U S) (ppen water~impacts include, but are not limited to Ocean and any other water o fill, excavation, dredging, flooding, drainage, bulkheads, etc. Area of T e of Waterbody Open Water Impact Site Number (indicate on map) N/A Name of Waterbody I Type of Impact (if applicable) YP Im act (lake, pond, estuary, sound, P ba ,ocean, etc.) (acres) 0 0 Total Open Water Impact (acres) tive im act to all Waters of the U.S. resulting from the project: 6. List the cumula P 0.00138 Stream Impact (acres): 0 Wetland Im act (acres): 0 Open Water Impact (acres): 0.00138 Total Impact to Waters of the U.S. (acres) 20 Permanent 105 Total Stream Im act (linear feet): Temporary Total Stream Impact (linear feet) 7. Isolated W aters Do an isolated waters exist on the property? ^ Yes ®No y cts to isolated waters, and include the type of eanote that thisrsecrion)only Describe all impa Pleas the size of the proposed impC ficallTebeen det armined to be isolated by the USACE. applies to waters that have spe y N/A ro osed, associated wetland and stream impacts should be 8. Pond Creation and is p P and should If construction of a p act sections. Also, the proposed p included above re and illus rated on any mapspncluded with this application. be descrtbed he ^ wetlands u lands ^ stream Pond to be created in (check all that apply) ^ P n installation of Describe the method of construction (e.g., dam embankment, excavatio , draw-down valve or spillway, etc.): N/A ose of and (e.g., livestock watering, irrigation, aesthetic, trout pond, Proposed use or pure P local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A • N/A Size of watershed draining to pond: N/A Expected pond surface area. Page 6 of 10 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the prop ~ Se bumPd ntso di ancese accessibilp y,vand information related to site constraints such as topograp y, g financial viability of the project. The applicant ma were otd feas'ble ~ Also discusslhowrimpacts site layouts, and explain why these design options were minimized once the desired site plan was developed. If applicable, The pipe is being techniques to be followed during construction to reduce impacts. extended the minimum re wired to rovide sufficieze sedimentationetThe aiee wlill be ___.__ L~..,. ~~~+~~~~tinn of the nice to minim VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mthantor ee ual to one ache o bimpacts t Division of Water Quality for projects involving greate q freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of I15u2002,amitiga~iolnlw 11 be~eq rted whden Permits, published in the Federal Register on January , necessary to ensure that adverse effects to the fugnctioneand ore at ve value of the impac~ed including size and type of proposed impact and aquatic resource will be considered in determining acaepbaebalit ~~ nape and practicable nclude~ mitigation as proposed. Examples of mitigation that m y PP P but are not limited to: reducing the size of the project~uch aslstreams;nand replac ng lossels odf and/or upland vegetated buffers to protect open waters s aquatic resource functions and values by creating, rdestoring, enhancing, or preserving similar functions and values, preferable in the same watershe 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the Curren kguidnlin N nh str Carolinaoratiovailable Qat Draft Technical Guide for Stream Wor htt ://h2o.enr.state.nc.us/ncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitinot hrnit d t ~srte locatPon (atta~hldirecotions as much information as possible, including, but e and amount (acreage/linear feet) and/or map, if offsite), affected stream and river basin, typ lan view, of mitigation proposed (restoration, enhancement, creation, or preservation), a p and a preservation mechanism (e.g., deed restrictions, conservation easement, etc.), description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A Page 7 of 10 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the apple wr tten aP~ ovall from the NCEEPNndE aP ng (919) 715-0476 to determine availability, and PP that they are will to accept payment for the mitigate ess for the NCEEP, checksthe NCEEP additional information regarding the application pro P p lease website at http~//h2o enr state nc us/wrp/index•vide the following informationro osed, p check the appropriate box on page five and pro Amount of stream mitigation requested (linear feet): 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 (required by DWQ) 1. Does the project involve an expenditure of public (fedver°al/state/local) funds or the use of public (federallstate) land? Yes ® ^ 2. If yes, does the project require preparation of an nvironmental Policy Actt (NEPA/SEPA)? requirements of the National or North Carolina E Note: If you are not sure whether a NEPA/SEP holds for environmuental documentation. coordinator at (919) 733-5083 to review current thre Yes ^ No 3. If yes, has the document review been finale odb 1 the S Ye Cl^earingh N soe ®If so, please attach a copy of the NEPA or SEPA final app X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibil~ith thetero ect~ The applican mustlalso provide required state and local buffers associated P J justification for these impacts in Section VII above. A ite r lanSeAll buffers musbbelshown onna and must be clearly identifiable on the accompanying s p map, whether or not impacts are proposed to the buffers ra hor nsp oad o be inc uded atvth~e Regional Office may be included as appropriate. Photog p y applicant's discretion. Page 8 of 10 1. Will the project impact protected riparian buffersNCAC 02B 0243 (Catawba) 15A NCAC (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A Buffer Re uirements), or other (please 2B .0250 (Randleman Rules an)d~ Yes r ~ ppl No ® q idenrify 2. If "yes", identify the square feet and acreage of impdacamount of mitigat on by applying the If buffer mitigation is required calculate the requ buffer multipliers. Required Impact Multiplier Mitigation Zone* rcn„are feetl 1 3 (2 for Catawba) 1.5 2 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 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 Restoratioall a nhonriateennforma on astidentified Riparian Buffer Restoration Fund). Please attach PP P within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposedfacerwate stand wetglands downstreamtfrom stormwater controls proposed in order to protect st lease rovide calculations the property. If percent impervious surface exceeds 20%, p P demonstrating total proposed impervious level. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and dtapablte~ a ac~ty otf the u bject~fac 1 Y e) of wastewater generated from the proposed project, or a P XIII. Violations (required by DWQ) 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 Page 9 of 10 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated nal t ~mpYes)[]sult Noa®tional development, which could impact nearby downstream water q y If es, please submit a qualitative or quantitative cumulative imolict an osted ona ourr webs to 1 at y the most recent North Carolina Division o leaseterovQide a short narrative description: htt ://h2o.enr.state.nc.us/ncwetlands. If no, p P This ro'ect involves the re lacement of one i e to also n ficantad chan erothehrate of current standards. This ro'ect is not ex ected t~ develo ment. 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 ords tes Basso g ated wh lEndangleredtsand work schedules (e.g., draw-down schedules for lakes, licant's control). Threatened Species, accessibility problems, or other issues outside of the app ~. 'v7 Applicant/Agenf's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Pale 10 of 10 Site Coordinates 35.31861° N / 82.65556° W SR unavailable Lime Kiln Lane Transylvania County Existing & Prop. Center Line 2 ---------------------- --------------------- ~ Outlet Invert Elev. Replace Existing Inlet Invert Elev. 993.4 20', 42" CMP with 40', 48" CMP 993.0 IThalwegs Approximately 20' from shoulder of existing road 1 993.0 2 992.4 See plans for erosion control Drawing not to scale Transylvania County SR unavailable -Lime Kiln Lane NW3 Site '~ ~ ~r+a , !~ i ~ ro m q ~ 4y {. ~ c~'''~~ l'~:~ { x"'. ~' -... 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