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HomeMy WebLinkAbout20071312 Ver 1_401 Application_20070707his l life ~s e~ate~, July 26, 2007 Amanda Jones Corps of Engineers Asheville Regulatory Office 151 Patton Avenue, Room 208 Asheville, NC 28801 0~-1312 ~'~' ' ~; H, ~ a r., ~ ~ ~, q.~:~ ~s~ t -a Gy ~s. ~,,J~ ~ ~ LU07 sr 7~~L !t ~_ ~ s~.~a4~~~ Dear Amanda: The permit application for the replacement of the damaged stream constrictor structure on -the Linville River is enclosed. I am not applying for the second site where the water line crossing was done. Kevin is looking into whether or not that should be fixed by McGill or their contractor. Ron Linville suggested that I put in two j-hooks at the bridge. That is not possible, because the second j-hook would have to be tied into the bank on the road right-of--way. So, I have suggested the boulders to deepen that area and provide some fish habitat. We placed boulders like that in the Linville River above the Linn Haven bridge about five years ago and it worked quite well. I will select the boulders and rocks for the structure and oversee the installation. We hope to do this work in mid-September. Sincerely, i1 ~-~ Pamela M. Boaze President Cc: Kevin Barnett, DWQ Asheville Cyndi Karoly, DWQ Raleigh Ron Linville, WRC W.W. Wood, Kawana Fishing Club John Blackburn, Linville Resorts Office Use Only: Form Version March d5 - ~ ~ 1 L USACE Action ID hto. DWG No. (If any particular item is not applicable to this project, please enter "Not Appucanie" or ..rvr~ .l 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: NWP 27 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: ^ - ~ -a II. Applicant Information ' "`~ °`- ~ " ~~~ " ' 1. Owner/Applicant Information Name: Linville Resorts/Kawana Fishing Club ~,G- r~ ~= N ~~ ~~, ~ t Mailing Address: John Blackburn '~`~~` ~ "' `~ ~' ~ ' `~' ~R.~"cH P.O. Box 99 Linville NC 28646 Telephone Number: 828-733-4311 Fax Number: 828-733-3227 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: John Boaze Company Affiliation: Fish and Wildlife Associates Inc. Mailing Address:_ P.O. Box 241 Whittier NC 28789 _~ Telephone Number:_ 828-497-6505________ Fax Number:__828-497-6214__________________ E-mail Address: fwa~c~dnet.net __,---- -- ------_-----____-- --____.-- Page ~ of 12 III. Project Information 5. 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 USAGE 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: Linville River at Hwy 181 bride Z. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Avery Nearest Town: Linville Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): The bridge is located at the junction of highways 221 and 181. The structure to be repaired is immediatel~pstream of the bridge Site coordinates (For linear projects, such as a road or utility line, separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): °N 6. Property size (acres): NA 7. Name of nearest receiving body of water: Linville River 8. River Basin: Upper Catawba River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htl7.''h?« nr >t~~t~.~~c u5'ac~~l~u1'~~~at~,/.) 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 site is wooded and undeveloped. __ ~,.______ attach a sheet that oW Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The structure will be replaced using a track hoe to construct a j-hook in the channel. Four lame boulders will be placed in the Aide downstream of the j-hook to help deepen the center of the channel andprovide habitat for fish These rock will be installed by burying the rock up to 50% of its height in the substrate The rocks will be below bankful and only slightly above normal water level. 11. Explain the purpose of the proposed work: The channel structure was lost during the 2004 floods The structure was needed to constrict the river channel. It was originally constructed of logs but is proQosed to be replaced with a rock structure more in keeping with the natural channel substrate materials The river is overlywide from the structure to the bridge and has no fish cover. 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.LP. project, along with construction schedules. No prior permits were requested for this project. 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. No _- 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 he 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. It additional space is needed for listing or description, please attach a separate sheet. Page 7 ;~f ? 2 1. Provide a written description of the proposed impacts: A j-hook will be used to repair a damaged fish habitat structure for river constriction. The work will be done in the stream and impacts will consist of temporary disturbance of substrates. This will likely cause minor sediment disturbances and temporary rise in turbidity. It is estimated that the turbidity last less than 4 hours while the work is being conducted. Installation of the 4 boulders will also cause some temporary turbidity. Material removed from the channel to set the rocks will be placed along the shoreline behind the large boulder shown on the sketch. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact 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 ]mpact (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 are 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 be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Stream Width Length Impact (indicate on ma) Intermittent? Before Im act (linear feet) (acres) S-1 Linville River Placement of perennial 50 10 <0.01 structure S-1 Linville River Placement of rocks Perennial 6 Total Stream Impact (by length and acreage) 16 <0.01 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 are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Site Number Type of Impact (if applicable) (indicate on map) Total Open Vdatrr Impact. (acres:) Type of Waterbody Area of (lake, pond, estuary, sound, bay, Impact ocean, etc.) (acres) Pabe 8 of I :~ 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): <0.001 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) <0.001 Total Stream Impact (linear feet): 16 7. Isolated Waters Do 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 linear 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 local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. Minimization of impacts could be accomplished by replacement of wooden structure on the left ascending bank. However wooden structures must be cabled or secured with large rock to prevent loss during flood events. Therefore replacement of the entire structure with a rock structure will over time result in less disturbance to the stream. VIII. Mitigation DWQ - In acc~~rdance with. 1.5A 1~J~`AC 21~ .0500, mitigation may be required by the NC Division of Water (~ua.lity for projects involving greater than. or equal to one acre of impacts to watering, irrigation, aesthetic, trout pond, f'age~3~f12 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 Issuance and Modification of Nationwide Permits, published in the Federal Register on January I5, 2002, mitigation will. be required when necessary to ensure that adverse effects to the aquatic environment are 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 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 current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http_/,/h2o.enr.state.nc.us/ncwetlands/strn~~ide.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/linear 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. NA 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 http://h2o.enr.statc.nc.us/wry/i~~dex_htm. If use of the NCEEP is proposed, please check the appropriate bax on page five and provide the following information: Amount of stream mitigation requested (linear feet): 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}:_~_ Page 10 cif 12 IX. Environmental Docurnentatiaaz (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 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 enviromnental 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 ^ X. Proposed Impacts 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 clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are 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* I Impact I Multi lier Required 1 3 (2 for Catawba) 2 I.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 1 SA MCAC 2B .0242 or .0244, or .0260. Page 1 1 of .2 XI. Stormwater (required by DWQ) 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. NA __- 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. NA --__ -- 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 ^ XIV. Cumulative Impacts (required by DWQ} Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina 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). > ~ ApplicantlAgent sSignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 /w~-~ ~~ ~~,~ Ril~]e G vel Bar ~~ ~ ~~~ f~~~ ~~ n~~ Remove Damaged Log O ~j Constrictor /1 ~~~ '/z Log Constrictor p-~oolc Large Boulder 4 )3oulders in Diannoa~dl ]~m8tem 0 O O Rip Rap Bridge Linville River at US 221 bridge Height from wetted edge to bankfull - 1.8 feet Dmax in pool is 4 feet Depth of water at thalweg during survey - 3.18 feet Width of river at head of pool - 44 feet Width of river at riffle - 25 feet Slope measured from top of riffle to end of pool -1 ~jE{17_gi%~. J '~ `/ 2 G~ ~ ~ ~ I ~ i~,~(~ ~ ~ z 0 ~ ~ ® ,> - !/~ _~~, 191 Linville l~e~~ort.~, Inc. ~f'he hseeo!a Lodge January 17, 2001 Mr. John L. Boaze Fish and Wildlife Associates, Inc. PO Box 241 Whittier, NC 28789 Dear Mr. Boaze, This letter will confirm your designation as our agent. You are hereby authorized to act on behalf of the resort in regards to all issues pertaining to the environment and the regulation of the environment. We appreciate your willingness to act in this capacity. Sincerely, !/ John M. Blackburn J~,I~n ~^1 I'~!,_r I_I ~un~~ ~~~~,~ ~ iii :;i~ {,nl ~ ~~~i~; ,I ''~!~' i_ I i ~ ~ ~' i, I „ ~i ~ ~. '