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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.
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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
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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
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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
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