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HomeMy WebLinkAbout20160190 Ver 1_Application_20160229Carpenter,Kristi From: Sent: To: Allen, Yates Monday, February 29, 2016 2:13 PM Beckwith, Lori SAW Cc: Medlin, Christopher D; DeWit, Benjamin J; Chambers, Marla J; andrew_henderson@fws.gov; Carpenter,Kristi; Barnett, Kevin Subject: Bridge 291 Buncombe PCN Attachments: 291 Bunc PCN.pdf Follow Up Flag: Flag Status: Good afternoon, Follow up Completed Please see the attached PCN for Bridge 291 in Buncombe County. We plan to replace the existing bridge with an aluminum, double barreled culvert. I will attach plan sheets to a second e-mail. If you have any questions please call me. Yates Allen Division Environmental Specialist NC Department of Transportation 828 251 6171 office 828 713 1568 mobile yallen@ncdot.gov 55 Orange Street PO Box 3279 Asheville, NC 28802+3279 � , � � �M � � Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Transportation February 29, 2016 Ms. Lori BeckwiYh US Anny Corps of Engineers l5l Patton Avenue, Room 208 Asheville, NC 2880 L-5006 Subject: Nationwide Permit #14 Bridge 100291, SR 1222 Brooks Cove Road State Project No. 17BP.13.R.25 Buncombe County, NC Dear Ms. Beckwith: PAT McCRORY Govemor NICHOLASJ.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 1222 Brooks Cove Road, Buncombe County, NC. We propose to replace U�e existing 13 feet long bridge with a 50 feet long aluminized culvert. Bank stabilization will result in permanent impact to 59 Iinear feet (LF) of an unnamed tributary (UT) to Little Pole Creek. The culvert will result in 54 LF of additional permanent impacts. Temporary impacts to 131 LF of the creek are due to temporary watering. The stream is approximately 6 fect wide and 6 inches deep with a predominately sand, gravel, and cobble substrate with scattered small boulders. It is classified as Class C. Existing channel morphology will be maintained upstream and downstream of the bridge. Riparian vegetation will be reestablished along disturbed areas associated with the project. Stormwater will be diverted through grass-lined ditches or vegetated buffers prior to entering streams. This project may affect, but is not likely to adversely affect the northern long-eared bat (Myotis septentrionalis) (NL6[3). Trees composing potentially suitable summer roosting habitat for the NLGI3 are present. �or the proposed action, NCDOT has committed to the conservation measures Iisted below: ]) No alterations of a known hibernaculum's entrance or interior environment if it impairs an essential behavioral pattern, including sheltering Northern long-eared bats (January 1 through December 31); 2) No tree removal wi[hin a 0.25 mile radius of a known hibernacula (January 1 through December 31); and �Nothing Compares�- S�ateofNorthCamlina I DepanmentofTranspotla�ion � Divisionl3 55 Orange Slmet I� Box 3279 � Asheville, NC 288023279 828 251 6I71 T Ms. Lori Beckwith Page —2 Bridge 100291, Buncombe County February 29, 2016 3) No cut[ing or destroying a known, occupied maternity roost tree, or any other trees within a 150-foot radius from the known, occupied maternity tree during the period from June 1 through and including July 3l. NCDOT has determined that the proposed action does not require separate consultation on the grounds that the proposed action is consistent with the final Section 4(d) rule, codified at 50 C.F.R. § 17.40(0) and effective February 16, 2016. Section 7 responsibilities are therefore considered fulfilled. No effect on the remaining counTy list of federally listed species (threatened or endangered) or designated critical habitat will occur. As a part of the 401 CertiFcation process, the project was processed through the DOT Programmatic Agreement for Minor Project as required by Section 106 of the National Historic Preservation Act of 1966 and GS 121-12(a). No Historic Resources will be affected. By copy ofthis letter, we request Marla Chambecs, 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. 'I'he UT to Little Pole Creek is classified as Class C. The project will not require a trout buffer variance. By copy of this letter, 1 am forwarding one electronic copy of the application package to Kristi Lynn Carpenter, NC Division of Water Resources (DWR), Transportation Permitting Unit with ce 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.25. Please forward comments directly to the Corps with a copy to the Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. lf you have any questions or information needs, please contact me at (828) 251-6171. Sincerely, � � �� Roger D. Bryan Division 13 Environmental Officer Enclosures cc: J.J. Swain, Jr., P.E. Chris Medlin, P.E. F3en DeWit, CPESC Marla Chambers Andrew Henderson Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Brid�e 100291, SR 1222 2. Name of Property Owner/Applicant: NC DOT 3. Name of ConsultanUAgent: *Agent authori�ation needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: 7. City: New Candler 8. County: Buncombe 9. Lat: 35.565666 Long: -82.689832 (Decimal Degrees Please ) 10. Quadrangle Name: Enka 1 L Waterway: UT to Little Pole Creek 12. Watershed: French Broad 13. Requested Action: X Nationwide Permit # 14 General Permit # Jurisdietional Deterniination Request Pre-Application Request The following information will be completed by Corps office: AID: Prepare Pile Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: NC DepaAment of Transpodation PO Bax 3279 Asheville, NC 28802-3279 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Bridqe 291 over UT to Little Pole Creek on SR 1222 in Buncombe County (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC Counry/parish/borough: B���mbe Clty: NewCandler Center coordinates of site (IaUlong in degree decimal format): Lat. as.ssssss °N; Long. -az.sasasz °UV. Universal Transverse Mercator: Name of nearest waterbody: uT �o �w�e Pae c�eek Identify (estimate) amount of waters in the review area: Non-wetland waters: �3+ linear feet: 6 width (ft) and/or acres. C.OWBf(illl C.�BSS: riverine $tf@BfTi FIOW: Perennial Wetlands: Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: � FI@�d �Qt@fTT11f18t1011. �8t@�S�: Z February 2076 sile visit SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): � Maps, plans, plots or plat submitted by or on behalf of the BDD�IC81l�COf1SU�tBflt: roadway and bridge siream impact plan drawings � Data sheets prepared/submitted by or on behalf of the appl�nUconsultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: � USGS NHD data � USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: E�ka;,:za000 ❑ USDA Natural Resources Conservation Service Soil Survey. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: � 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ✓0 Photographs: ❑ Aerial (Name & Date): or Q Other (Name & Date): ZFeb��eryzo,s � Previous determmation(s). File no. and date of response letter: � Other information (please specify): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has deciined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicanYs acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federai court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuantto 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWAjurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Signature and date of Regulatory Project Manager (REQUIRED) �� � � igns ure and dat of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) O�QF W ATE9OG h y � r O T Offce Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. 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: 1c. 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 Certifcation — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. 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. 1g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1h ❑ Yes X No below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Bridge 291, SR 1222 2b. County: Buncombe 2c. Nearest municipality / town: New Candler 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 176P.13.R25 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. Responsibte 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 nrr,i r�..,. �i.....:_.. � o n.......,..ti... �n �nno �i....,.:.... 4. Applicant Information (if different from owner) 4a. Applicant is: NoAh Carolina Department of Transportation 4b. Name: J.J. Swain, Jr., P.E., Division Engineer 4c. Business name N.C. Department of Transportation (if applicable): 4d. Street address: 55 Orange Street, P.O. Box 3279 4e. City, state, zip: Asheville, NC 28802 4f. Tetephone no.: 828-251-6171 4g. Fax no.: 828-251-6394 4h. Email address: rdbrvan(�ncdot.qov 5. AgentlConsultant Infarmation (if applicable) 5a. Name: N/A 5b. Business name N/A (if applicable): 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Telephone no.: N/A 5f. Fax no.: N/A 5g. Email address: N/A .,.,,.., � ..� , � B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): N/A 1b. Site coordinates (in decimal degrees): Latitude: 35.565666° N Longitude: -82.689832°W 1 c. Property size: 025 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Little Pole Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 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 is located in a low density residential area with scattered fieldslpastures and woodlands. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 131 3d. Explain the purpose of the proposed project: Replace the existing 13' tong by 20' single-span timber bridge wiih a 50' long by 73" wide double barrel culvert. 3e. Describe the overall project in detail, including the type of equipment to be used: Replace existing single-span timber bridge with an aluminized corrugated steel pipe arched culvert with 0.5' sills in low flow barrel and 1.5' sills in overflow barrel. Equipment used will inciude excavators, crane, and trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this propeAy / X Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: prelim JD form attached to this PCN 4b. If the Corps made the jurisdictional determination, what type X Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Corps Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. See 5b below. 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? Sb. 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 nrr,i r..._ �i.....:.... n o n,._,.....�.,.. nn nnno �i......:,... C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 ora T W� � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ Yes ❑ Carps ❑ No ❑ DWQ Wa � 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 comp�ete this question for all stream sites impacted. 3a. 3 b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction 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 X P❑ T Streambank UT to Little Pole X PER X Corps 6 59 Stabilization Creek ❑ INT X DWQ S1 X P❑ T Culvert UT to Little Pole X PER X Corps 6 54 Creek ❑ INT X DWQ UT to Little Pole X PER X Corps S2 ❑ P X T Dewatering Creek ❑ INT X DWQ 6 131 S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 131 3i. Comments: 113 LF of permanent impact lies within same area as 131 LF of temporary impact. 4. O en Water Im acts Page 4 of 10 �.-.� �..�... ".....:.._ , � .,.........�..._ ,,, ��„o ".....:.... If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Allantic 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 ora 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. Sc. 5d. 5e. 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 surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts �for DWQ) If project will impact a protected riparian buffer, then complete the chaA 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 ora T im act re uired? 61 ❑POT ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: �,.,... � „� , � D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifcally describe measures taken to avoid or minimize the proposed impacts in designing project. Culvert designed to meet roadway safety standards while minimizing impacts to creek. 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 Payment to in-lieu fee program project? ❑ 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: 54 linear feet Ac. If using stream mitigation, stream temperature: ❑ warm X cool ❑ 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 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 nrr.� r...... v....,:.... � o n.........�.... nn �nno �i.,_,.:,,., 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 butfer 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: .,.,.... � ,.� , � 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 the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � pRW (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? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? � yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 nru r__.... �i....,:,,.. + o n�,.,..�..�.,.. �n nnno v....,.:.,.. F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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)? 1c. 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 letter.) ❑ 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 Surface Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 28 .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 .,...� � ...... .......:.... . � �_.......�... ,� ���o ",._..:.,_ 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 Offce you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS county species list, field survey (potentially suitable summer roosting habitat [trees] for northern long-eared bat present) 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 5ite would impact historic or archeological resources? NC SHPO website: http://gis.ncdcr.gov/hpoweb/. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes � No Sb. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program website: http://www. ncfloodmaps.com/ Roger D. Bryan �; � 2 z � ZG l� ApplicanUAgenYs Printed Name pplicant/Agen Signature ate (AgenCs signaWre is valid oNy if an authorization lelter trom lhe applicant is rovided. n,..... �n..snn y._--�.;::,. . ,..:.a, ,.:, � , f; :,, Environmental Quality PAT MCCRORY Gmemor DONALD R. VAN DER VAART i�PC(2(il/j� Mr. Yates Allen NCDOT Division 13 Em�ironmental Specialist North Carolina Department of Transportation Post Office Box 3279 Ashevi](e, North Carolina 28802 Dear Mr. Allen: February 26, 2016 Subject: Mitigation Aceeptance Letter: Division 13 Project, Replace Bridge Number 100291 over Bald Creek on SR 1222 (Brooks Cove Road), Buncombe County; WBS Element 176P.13.R.25 The purpose of tMs ]etter is to notify you [hat tUe Norih Carolina Department of Enviromnetttal Quality – Division of Mitigation Scrvices (NCDEQ-DMS) will provide the compensatory stream mitigation for lhe subject project. Based on the infoanation received from you on Febn�ary 24, 2016, the impacis are located in CU 06010105 of the French Broad River basin in the Southem Mountains (SM) Eco-Region, and are as follows: French Broad Slream Wetlands Buffer (Sq. Ft.) 06010105 Non- Coastal SM Cold Cool Wami Riparian Ki arian Marsh Zoue ] 7.one 2 Impac�s 0 54.0 0 0 0 0 0 0 (feeUheres) This impact and associated mitigation need were under projected by the NCDOT in the 2016 impact data. NCllEQ-DMS will co�mnit to implement sufficient compensatory stream mi[igation credi�s to offset tl�e impacts associated with this projec[ as determined by the regula[ory agencies using die delivery timeline fisted in Section F3.c.iii of the In-Lieu Fee Ins Wment da�ed July 28, 2010. If the above referenced impact amounts are revised, tlien this mitigation acceptance letter will no longer be valid and a new mitiga[ion acceptance letter witl be required from NCDEQ-DMS. 8420. cc: If you have any questions or need additional information, please contact Ms. Beth Hannon at 91)-707- Sincerely. U– —' Jame � B. Stan511 Credit anagement Supervisor Ms. Lori Aeckwith, USACE � Asheville Regulatory Field Office Ms. Linda Pi[zpatrick, NCDOT – PDF,A File: SR 1222 – Bridge 100291 � Division 13 ;�'Nothing Compares';.� s�.������r�,���nc.��,:,,,, i ���,.���,��������.��a.����,, IGOtMaI;SnviceCvnlei i Italel9h,No�lhluiohnz2]699�1101 019.]OI�F.fiOp NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Pat McCrory Bryan Gossage Susan Kluttz Governor Executive Director Secretary Clean Water Management Trust Fund NCNHDE-1209 February 3, 2016 Yates Allen NC Department of Transportaion PO Box 3279 Asheville, NC 28802 yallen@ncdot.gov RE: 178P.13.R25 Dear Yates Allen: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide informalion about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates lhal lhere are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed projecl boundary. Please note that although there may be no documentation of nalural herilage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituled for site-specifc surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached'Potenlial Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exisls and is included for reference. Tables of natural areas and conservation/managed area within a one-mile radius of the project area, if any, are also included in lhis report. The location of the natural areas and conservation/managed areas can be viewed online on ihe Nalural Heritage Data Explorer found at: htlos�//ncnhde.natureserve.oro/. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notifcation to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need addilional assistance, please contact John Finnegan at iohn finnegan(cilncdenr.00v or 919.707.8630. 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