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HomeMy WebLinkAbout20160215 Ver 1_Application_20160302Transportation March 2, 2016 Ms. Lori Beckwith US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit #14 Bridge ] 00315, SR 3437 Case Cove Road State Project No. 17BP.13.R.5 Buncombe County, NC Dear Ms. Beckwith: PAT McCRORY Gavernor NICHOLAS J. TENNYSON Secmmry 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 3437 Case Cove Road, Buncombe County, NC. We propose to replace the existing 19 feet long bridge with a 50 feet long aluminized culvert. Bank stabilization will result in permanent impact to 57 linear feet (LF) of Wise Branch. The cubert will resuit in 51 LF of additional pennanent impact. Temporary impacts to 138 LF of the creek are due to temporary dewatering. The stream is approximately 10 feet wide and 6 to 10 inches deep with a predominately sand 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) (NLEB). Trees composing potentially suitable summer roosting habitat for the NLEB are present. For the proposed action, NCDOT has committed to the conservation measures tisted below: 1) 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 within a 0.25 mile radius of a known hibernacula (January 1 throu�h December 31); and �Nothing Compares�..�. State ofNonh Carolina � llepanmenf ofTranspona�ion � Division IJ 55 Oraige Strect I PO I3ox 3279 � Asheville, NC 28802d219 828 251 6171 T Ms. Lori Beckwith Page —2 Bridge ] 00315, Buncombe County March 2, 2016 3) No cutting 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 31. 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 Certification 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 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. Wise Branch is classified as Class C. 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 (DWR), 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.5. 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. If you have any questions or information needs, please contact me at (828) 251-6171. Sincerely, _ V 0 ��- Roger D. Bryan Division 13 Environmental Officer Enclosures cc: J.J. Swain, Jr., P.E. Chris Medlin, P.E. Ben DeWit, CPESC Marla Chambers Andrew Henderson Corps Submittal Cover Sheet Please provide the following info: I. Project Name:_Bridge 100315, SR 3437 2. Name of Property Owner/Applicant: NC DOT 3. Name of ConsultandAgent: *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: 7. City: Candler 8. County: Buncombe 9. Lat: 35.52296 Long: _ 82.66798 (Decimal Degrees Please ) 10. Quadrangle Name: Enka 11. Waterway: Wise Branch 12. Watershed: French Broad 13. Requested Action: X Nationwide Permit # 14 General Permit # _ Jurisdictional Determination 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: ATTACHMENTA PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: North Carolina Department of Transporta�ion PO Box 3279 Asheville, NC 288023279 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Bridge 315 on SR 3437 over Wise Branch in Buncombe Counry (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: B���mbe Clty: Candler Center coordinates of site (lat/long in degree decimal format): Lat. 3s.szzss °N; Long. -ez.ss�sa °VV. Universal Transverse Mercator: Name of nearest waterbody: W�se B�a��n Identify (estimate) amount of waters in the review area: Non-wetland waters: ,3a linear feet: �o width (ft) and/or acres. Cowardin Class: ���e��e $tf@8fT1 F�OW: Perennial Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non-Tidal: 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): � Office (Desk) Determination. Date: � Field Determination. Date(s): zFebtiary2oo�ssae��sn 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 BPP�IC811�COI1SU�t811t: ��dway and bridge siream impact plan drawings Q✓ Data sheets prepared/submitted by or on behalf of the app�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. Citation: ❑ 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) ❑✓ Photographs: ❑ Aerial (Name & Date): or Q Other (Name & Date): z Feb��ary zo,s � Previous determination(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 declined 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 applicanPs 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 orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal 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 pursuant to 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: later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) � � � � -' .za/� Sign ure and d e of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) o��F W ATF9pG � � � r O T Office 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 X Section 404 Permit ❑ Section 10 Permit Corps: 1 b. 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 Quality Certifcation — 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. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer th ❑ 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 315, SR 3437 2b. County: Buncombe 2c. Nearest municipality / town: Candler 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 17BP.13.R.5 project �o: 3. Owner Information 3a. Name(s) on Recorded Deed: NoAh Carolina DepaAment of TranspoAation 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 .,,�..� �,.._. �,....,:.._ , � .,,....,_�.._ .� ���o ��.,...:..., 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. Department of Transportation (if applicable): 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: rdbryan ncdot.qov 5. AgenUConsultant Information (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 1 b. Site coordinates (in decimal degrees): Latitude: 35.52296° N Longitude: -82.66798°W 1c. Property size: 0.2 acres 2. Surtace Waters 2a. Name of nearest body of water (stream, river, etc.) to W�se Branch 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 fields/pastures 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: 138 3d. Explain the purpose of the proposed project: Replace the existing bridge with a corrugated steel pipe arched (CSPA) culverl. 3e. Describe the overall project in detail, including the type of equipment to be used: Replace existing 19 feet long by 20.8 feet wide single-span timber bridge with a 95 inches wide by 67 inches high by 50 feet long aluminized double barrel CSPA culvert with 1 foot sills in low flow barrel and 2 feet sills in overflow barrel. Equipment used will include 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 jurisdictionai 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? 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 ��.� �...... ".....:,... , � �...._...�.._ ,,, �,.�o ".....:.... C. 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 ora T W� � 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. 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, Y✓idth (linear Temporary (T) (INT)? other) (feet) feet) Streambank X PER X Corps S1 X P❑ T Stabilization Wise Branch � �NT X DWQ 10 57 S1 X P❑ T Culvert Wise Branch O �NT X DWQ 10 51 S2 ❑ P X T Dewatering Wise Branch � NT X DWQ 10 138 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 138 3i. Comments: 108 LF of permanent impact lies within same area as 138 LF of temporary impact. 4. O en Water Im acts Page 4 of 10 nn�� r...... �i......:.... � o n..........�.... �n nnno �i.....:.... 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 applicabfe) 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. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Up�a�d Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. 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 DWQ) 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 ❑ Randieman 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 im act re uired? B1 ❑P❑T ❑Yes ❑ No 82 ❑P�T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: �....., � ..s , � D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specificaily 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 project7 ❑ 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: 51 linear feet 4c. 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 ��.� �...... �,,._..:,,.. , � .,.........�... ,� ���o "...,.:.... 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: .,..,.,. � ,.� , � E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 7. Diffuse Flow Plan 1 a. 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. ❑ Yes ❑ No Comments: 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 Eutent 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. CeAffted Local Government Stormwater Review 3a. In which local governmenYs 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 � 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? ❑ Yes ❑ No 5. DWQ 407 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 nrr.� r_....... �i.....:.,.. n o n..........�.,,. en nnno �i....,.:,,.. F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federallstate/local) funds or the � Yes ❑ No use of public (federai/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 letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requfrement) 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 26 .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) resuit 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 availabie 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 Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critica� Habitat? USFWS county species list, field survey (potentially suitable summer roosting habitat [trees] for northem 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 NoAh Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO website: http:/lgis.ncdcr.gov/hpoweb/. 8. Flood Zone Designation (Corps Requirement) Sa. 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. n cfloodmaps. com/ Roger D. Bryan ��� � � w 3 � ��� 6 ApplicanUAgenYs Printed Name �nUAg Ys Signature Date (AgenPs signaWre is valid onty rf an authorization letter from fhe applicant is rovided.) n...... n n.,� n n 1 ; ., -�� �.... Envrronmental Quallty PAT MCCRORY Gov��mar DONALD R. VAN DER VAART Sea'rfnp� Mr. Yates Allen NCDOT Division 13 Hnvironmental Specialist North Carol'via Department of Transpor(ation Post Office Box 3279 Asheville, North Carolina 28802 Dear Mr. Nlen: February 26, 2016 Subject: Mitigation Acceptance Lelter. Divisiou 13 Project, Replace Bridge Number 1003I5 over Wise B�anch on SR 3437 (Case Cove Itoad), IIuncombe County; WBS Element 17BP.13.R.5 The pucpose of this lefter is to notify you tliat the Nortli Carolina Department of Environmental Quality — Divisfon of Mitigation Services (NCDEQ-DMS) will provide the compensatoty strcam mi[iga[ion fm the subject project. Based on the infonnation received Gom you on February 24, 2016, ihe impacts are located in CU 06010105 of the French Broad ltiver bacin u� the Son[hem Mountains (SM) Eco-Region, and are as follows: Crend� Broad 06010105 SM Cold Impacts „ Stream Cool 51.0 Wetlands BuCfer(Sq.FtJ Non- Coastal Warm Riparian ,,,._____ ,,,___, 'Lone 1 Zone2 This impact and associated mitigation need were under projected by the NCDOT in the 2016 impact data. NCDEQ-DMS will commit to implement sufficient cmnpensatory stream mitigation credits to offset the impacts associated with tlus project as detennu�ed by the regulatory agencies using tl�e delivery timeli�e listed in Section F3.c.iii of the in-Lieu Fee Instrumcnt dated July 28, 2p 10. If the above referenced impact amounts are revised, then ihis mitigation aceeptance letter will no longer be valid and a new mitiga�ion acceplance letter will be required from NCDEQ-DMS. R420. If you have any questions or need additional infomiation, please contact Ms. Beth Harmon at 919-707- Sincerely, `,% �� V ,G IameS B Stanfill Credif auagement Supervisor ce: Ms. Lori Beckwith, USACG - Asheville Regula(ory b'ield Office Ms. Linda PitzpnUick, NCllOT — PDEA File: SR 3437 � Bridge 100315 Divi�ion 13 �'�'Nothing Compares�. 51dlaotNuilh(�aJin� j Fnviioun�.eul.;iQa.:ll{y �GU� MailSo�vire< rn;er � Ilaleiyh, Noith Csir.l�.oa D(991 ;pl J19 ]0]-NnOfl NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Pat McCrory Bryan Gossage Susan Kluttz Governor Executive Director Secretary Clean Water Management Trust Fund NCNHDE-1210 February 3, 2016 Yates Allen NC Department of Transportaion PO Box 3279 Asheville, NC 28802 yallen@ncdot.gov RE: 176P.13R.5 Dear Yates Allen: The North Carolina Natural Heritage Program (NCNHP) appreciates ihe opportunity to provide information about nalural 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 that there are no records for rare species, important natural communities, natural areas, or conservalion/managed areas within the proposed project boundary. Please note lhat although there may be no documentation of natural heritage elements wilhin the project boundary, it does not imply orconfrm their absence; the area may not have been surveyed. The results of this query should not be substituted for site-specific 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 'Potential 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 suggesls that these nalural heritage elements may potentially be present in the project area if suitable habitat exists 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 this report. The location of the nalural areas and conservation/managed areas can be viewed online on the Natural Heritage Data Explorer found at: httos�//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 cnteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written nolification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redislributed 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 Fin�egan at iohn finnegan ncdenr.00v or 919.707.8630. Sincerely, NC Natural Heritage Program Page 1 of 3 NCNHDE-1210: 17BP.13R.5 February 3, 2016 720,614 � ProjectBoundary [' ManagedArea(MAREA) o o.ns o.3s o.�m� Bufferetl Project Bountlary 0 02]5 oS5 1d km Q Na[urel Heritage Element Occurrence (NHEO) Page 3 of 3 Saurtn: Eri. XFAE Polwrrc. i mup, n ., GEBCD, USGS,FAO,NGS,NRGN,GmpeseelGN.Ma1am N�LdEwnceSuney, Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area '17BP.13R.5 February 3, 20'I6 NCNHDE-'12'10 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accurecy Federal State Global State Group Observation Occurrence SWtus Status Rank Rank Date Status Dragonfly or 33442 Calopteryx amata Superb Jewelwing 2004-PRE Historical 5-Very -- Signifcantly G4 S�S2 Damselfly Low Rare Vascular Plant '1803 Spiraea virginiana Virginia Spiraea 1919-07 Historical 3-Medium Threatened Threatened G2 S2 No Naturel Areas are Documented Within a One-mile Radius of the Prqect Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Buncombe County Open Space Bunwmbe County: multiple local government Local Government Pisgah National Forest - Pisgah Ranger District US Forest Service Federal Defnitions and an explanation of status designalions and codes can be found at htto �/In nhd nat r s rv. org/contenUhelo. Data query generaretl on February 3, 20t6; wurce: NCNHP, Q4 October 2015. Please resubmit your infortnation request if more than one year elapses before project initiation as new information is continually addetl to the NCNHP database. Page 2 of 3 i" Y �. . �,,,.. ' �J. _ _� � f;: � � . �,, i�''`� ���-. i • � Yi� N r � / :: �, I 0 M �� '+�' k�` ti !'���.,� �. I ��y 4',�+. T. htiF %.. 4 �.��3a��. � � �" xti:.: � . (�. : . �.t.. : .,+.,.. � �� �f i ^ r`t ' ,� � �{��������� �. 4 l�c�t� �;-r ,. ,� -��-: v�� a� . '...Kt . ;� _ . r.: i �.F . .'� ., ' . 2: 2, x�t��1:�� �.' �