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HomeMy WebLinkAbout20151267 Ver 1_Application_20151208Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Bridee 100222, SR 2098 Herron Cove Road 2. Name of Property Owner/Applicant: NC DOT 3. Name of Consultaut/Agent: *Agent authoriza[ion needs to be allached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: 7. City: Weaverville 8. County: Buncombe 9. Lat: 35.67461 Long: _-82.55293 (Decimal Degrees Please ) 10. Quadrangle Name: Weaverville 11. Waterway: Herron Cove Branch 12. Watershed: French Broad River 13. Requested Action: X Nationwide Permit # 14 General Permit # _ Jurisdictional Determination Request _ Pre-Application Request The Yollowing information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: Transportation December 7, 2015 Ms. Lori [3eckwith US Army Coips of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit#14 Bridge 100222,SR 2098 Herron Cove Road State Project No. UBP.13.R.1 10 Buncotnbe County, NC Dear Ms. Beckwith: PAT McCRORY covernor NICHOLAS J. TENNYSON Secretary I have enclosed a set of plans, a PCN application for NWP #14, and a vicinity map relative to the proposed bridge replacement project on SR 2098 Herron Cove Road, Buncombe County, NC. We propose to replace the existing 18'6" timber bridge with an 18' x 5'6"x 55' concrete box culvert with sills and baffles. Stream slope at the site is 038%. Culvert installation will result in permanent impact to 55 linear feet of Herron Cove Branch; floodpiain bench construction will permanently impact an additional 54 linear feet. Temporary impacts to 109 feet of the branch are due to a temporary impervious dike diversion during culvert construction. The stream is approximately 9 feet wide with a predominately sand and gravel substrate. Herron Cove Branch is classified as Class C, Trout but does not support wild trout. Existing channel morphology will be maintained upstream and downstream of the culvert. Riparian vegetation will be reestablished along disturbed areas associated with the project. Stormwater will be diveRed through grass-lined ditches or vegetated buffers prior to entering streams. This project may impact potentially suitable northern long-eared bat (Myolrs septenh•ronalrs) (NLEB) summer roosting habitat via bridge removal. Therefore, a may affect, not likely to adversely affect is requested for the NLEB. No tree clearing will be performed for the project. The existing bridge is constructed of treated timbers. The crown to bed measurement (distance from travel surface to streambed) is 5 feet. Clearance between the bottom of the bridge and the stream surface is approximately 2-3 feet. A survey of the bridge did not reveal any evidence of usage by bats. No effect on the remaining Buncombe County list of federally protected species (threatened or endangered) or designated critical habitat will occur. Marella Buncick of US Fish and Wildlife Seivice is copied on the application for review. �Nothing Compares'�.�. S�ale ofNonh Carolina I Depanmen� o(TranspoMa�ion I Division Thirteen 55 Orange Slme� I PO Box 3279 I Asheville, NC 28802-32]9 828251GI71 T Ms. Lori Beckwith Page —2 Bridge 100222, Buncombe County December 7. 2015 As a pait of the 401 Certification process, the project was processed through the DOT Programmatic Agreement for Minor Project as required by Section 106 of the Natioual Historic Preservation Act of 1966 and GS 121-12(a). No Historic Resources will be affected. By copy of this letter, we request Marla Chambers, North Carolina Wildlife Resources Commission Western Region Coordinator, to comment directly to the Corps concerning the permit request. By copy of this letter, we are asking the Area Roadside Field Operations Engineer, to comment on the above project. Herron Cove Branch is classified as Class C, Trout The project will not require a trout buffer variance. By copy of this letter, I am forwarding one electronic copy of the application package to Kristi Lynn Carpenter, NC Division of Water Resources, Transportation Permitting Unit with cc to Kevin Barnett, NC DWR Asheville Regional Office for review and comment. Please charge the application fee of $240.00 to WBS element # 17BP.13.R.110. Please forward comments direcUy to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. [f you have any questions or information needs, please contact me at (828) 251-6171. Sincerely, � � �� Roger D. Bryan Division 13 Environmental Officer Enclosw�es cc: J.J. Swain, Jr., P.E. Chris Medlin, P.E. Ben DeWit, CPESC Kevin Barnett Marla Chambers Marella Buncick O�ce Use Only: Corps action ID no. DWQ projecl no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number:14 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Qualily Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes X No ❑ Yes X No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation X Yes ❑ No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes X No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Bridge 100222, SR 20986 2b. County: Buncombe 2c. Nearest municipality / town: Weaverville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 176P.13.R.110 project no: 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if N/A applicable): 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: North Carolina Department of Transportation 4b. Name: J.J. Swain, Jr., P.E., Division Engineer 4c. Business name N.C. De artment of Trans ortation /if annlir.ahlel� p P 4d. Street address: 55 Orange Street, P.O. Box 3279 4e. City, state, zip: Asheville, NC 28802 4f. Telephone no.: 828-251-6171 4g. Fax no.: 828-251-6394 4h. Email address: rdbrvan(�ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A Sb. Business name N/A ,:� ---�.__��_.. 5c. Streetaddress: N/A 5d. City, state, zip: N/A Se. Telephone no.: N/A 5f. Fax no.: N/A Sg. Email address: N/A Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude: 35.67461 ° N Longitude: - 82.55293° W 1c. PropeAysize: 0.1 acres 2. Surtace Waters 2a. Name of nearest body of water (stream, river, etc.) to Herron Cove Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C, Trout 2c. River basin: French Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing bridge on SR 2098 surrounded by low density residential area and pasture. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 100 3d. Explain the purpose of the proposed project: Replace existing 18'6" timber bridge with a single barrel box (18' x 5'6") culvert with sills and baffles to mimic existing stream morphology. 3e. Describe the overall project in detail, including the type of equipment to be used: A permanent impact to 55 linear feet of Herron Cove Creek will be necessary for culvert construction with 54' of rip rap floodplain bench construction. A temporary impact of 109 linear feet will be necessary for an impervious dike to dewater the work area during construction. Equipment used will include excavator, crane, and trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): N/A Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for � Yes X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Farm — Version 1.3 December 10, 2008 Version Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands X Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Tem orar T W1 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ WZ � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3 b. 3c. 3d. 3e. 3f. 3 g. Stream impact Type of impact Stream name Perennial Type ofjurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P X T Impervious Dike Herron Cove X PER X Corps 9 109 Branch ❑ INT ❑ DWQ S1 X P❑ T Rip Rap Bench Herron Cove X PER X Corps g 54 Branch ❑ INT ❑ DWQ S1 X P � T Culvert Herron Cove X PER X Corps g 55 Branch ❑ INT ❑ DWQ S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P 0 T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 � P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 218 3i. Comments:55 feet of permanent culvert impact, 54 feet of permanent impacts for floodplain bench, 109 feet of temporary impacts for dike. Page 4 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individuall list all o en water im acts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem orar T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. 5d. Se. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 Sf. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surtace area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DW4) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem orar T im act re uired? 61 ❑P�T ❑Yes ❑ No 62 ❑P❑T ❑Yes ❑ No 63 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Minimized length of culvert and added sills and baffles to maintain natural stream channel bottom within the structure. Stream gradient is low (0.38%) which will allow for assimilation of natural stream bed material within the culvert. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. N/A 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for X Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ X Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this X Pa ment to in-lieu fee ro ram project? Y p 9 ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. X Yes 4b. Stream mitigation requested: 55 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool X cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Sa. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified � yes X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes ❑ No 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? N/A 2b. Does this project require a Stormwater Management Plan? X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The project will use BMP's to the Maximum Extent Practicable (MEP) in compliance with NCDOT's NPDES Permit No. 000250 Post Construction Stormwater Program ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? X DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed X Other: N/A 3c. Has lhe approved Stormwater Management Plan with proof of approval been N/A attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that apply): ❑ Session Law 2006-246 X Other. N/A 4b. Has the approved Stormwater Management Plan with proof of approval been attached? N/A 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A 5b. Have all of the 401 Unit submittal requirements been met? N�A Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes � No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval IetterJ ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surtace Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes � No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or � Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act � yes � No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat7 Field survey of the project area and evaluation of current distribution data. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes � No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Current Maps/Database 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation � yes � No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Current Maps/Database 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? � Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project will not impact water passage or flood zone beyond existing conditions Sc. What source(s) did you use to make the floodplain determination? Current FEMA Maps Roger D. Bryan 12/7/2015 �� � �� �� ApplicanUAgenPs Printed Name pplicanUAge 's Signature Date (AgenPs signature is valid only if an authorization letter fmm the applicant is rovided.) Page 10 of 10 Figure 1. Bridge 100222, Herron Cove Branch, Buncombe County, NC. Figure 2. Bridge 100222, Herron Cove Branch, Buncombe County, NC. No tree clearing will be necessary for the project. Environmental Qua(ity PAT MCCRORY Governor DONALD R. VAN DER VAART Secremry Mr. Roger Bryan NCDOT Division 13 Environmental Supervisor North Cazolina DepaRment of Transportation Post Office Box 3279 Asheville, North Carolina 28802 Deaz Mr. Bryan: December 4, 2015 Subject: Mitigation Acceptance Letler. Division 13 Project, Replace Bridge Number ] 00222 over Herron Cove Creek on SR 2098 (Henon Cove Road), Buncombe County; WBS Element 17B.13.R.110 The purpose of this letter is to uotify you that the Division of MitigaUon Services (DMS) will provide the compensatory stream mitigation for the subjec[ project Based on the information received on November 3Q 2015, the impacts are located in CU 06010105 of the French Broad River basin in the Southem Mountains (SM) Eco- Region, and are as follows: French Broad Stream Wetlands Buffer (Sq. FC) 06010105 Non- Coastal SM Cold Cool Warm Riparian � arian Marsh Lone I Zone2 Impacts 55.0 0 0 0 0 0 0 0 (feedacres) This impact and associated mitigallon need were under projected by the NCDOT in the 2015 impact data. DMS will commit to implement sufficient compensatory sVeam mitigation credits to offse[ We impacts associated with this project as detenuined by the regulatory agencies using ihe delivery timeline listed in Section F3.c.iii of the In-Liw Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigafion acceptance ]etter will no louger be valid and a new uri[igation acceptance letter will be required from DMS. 8420. If you tiave any questions or need additional information, please contact Ms. Beth Harmon a[ 919-707- Sincerely, f��'�/�J(�/ J�, 5 s s�eut V Credi'� anagement Supervisor cc: Ms. Lori Beckwith, USACE - Asheville Regularory Field Office Mr. Christopher D. Medlin, P.E., Division 13 Bridge Program Manager Ms. Li�da Fitzpatrick, NCDOT - PDEA File: SR 2098 - Bridge 100222 - Division 13 �'�Nothing Compares`%« SlAeofNon6Carolina EnvironmentnlQaa:ily 1401 fdail5ervi.e Cenrer � Faleigh, \urth Cv rolina 7l6°4160 i 919-]0]-Rfi00 �ti,f °, .. �,i , �#r ,� ��� � . .