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HomeMy WebLinkAbout20160905 Ver 1_Bridge 600061 Mitchell Permit Application_20160921Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Bridge 600061, SR 1172 Patrick Phillips Road 2. Name of Property Owner/Applicant: NC DOT 3. Name of Consultant/Agent: *Agen[ authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address N/A 6. Subdivision Name: 7. City: Win /Led er 8. County: Mitchell 9. Lat: 35.94387 Long: -82.14718 (Decimal Degrees Please ) 10. Quadrangle Name: Micaville 11. Waterway: Snow Creek 12. Watershed: French Broad River 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 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 September 21, 2016 Ms. Lori T3eckwith US Army Corps of Engineers I51 Patton Avcnue, Room 208 Asheville, NC 28801-5006 Subject: NationwidePermit#14 Bridge 600061, SR 1172 Patrick Phillips Road S[ate Project No. 17BP.13.R.144 Mitchell County, NC Dear Ms. Qeckwith: PAT McCRORY cavornor NICHOLAS J. TENNYSON s�«�m�y 1 have enclosed a set of plans, a PCN application for N WP #14, and a vicinity map relative to the proposed bricige replacement project on SIZ 1 172 Patrick Phillips Road, Mitchell County, NC. We propose to replace the existing 41' two-span bridge with a 40' three-sided culvert (bridge). A total of 91 linear feet of permanent impacts will occw� for structure footing (34') and rip rap (57`) on Snow Creek. An additional impact to 67 linear feet of an UT to Snow Geek will occur for minor sueam relocation. The existing streambed under the structure will not be impacted or modified. Snow Creek is 20 feet wide with a predominately cobble and bedrock substrate. The UT is 2 feet wide with cobble, gravel and sand substiates. The streams are classified as Class C, "f rout. Esisting channel morphology will be maintained upstream and downstream of the botromless culve�t. Riparian vegetation will be reestablished aiong disturbed areas associated with the project. Stornnvater will be diverted through grass-lined ditches or vegetated buffers prior to enlering slreams. This project may impact potentially suitable northern long-eared bat (Myotis septentrionalis) (NLEB) summer roosting I�abitat via tree clearing. Less than 10 trees will be cleared for the project. However, the project is located outside of the highlighted areas/12-digit HUC's and does not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. No effecl on the remaining Mitchell County list of federally prolec[ed species (threatened or endangered) or designated critical habitat will occur. Andrew Henderson of US Fish and Wildlife Se�vice is copied on the application for review. !`�'Nothing Compares� Slaico(North Cerolina I Uepaninem o('franspo�lalion I Division T6itlecn 55 Orange S�ree� I PO 6ox ?279 I �she�i0c, NC 28802-3279 52825161]I T Ms. Lori Beckwith Page —2 Bridge 600061, Mitchell County September 21, 2016 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. These forms are attached for the Corps file. By copy of this letter, we request Marla Chambers, North Carolina Wildlife Resources Commission Western Region Coordinator, to comment directly to the Corps conceming the permit request. By copy of this letter, we are asking the Area Roadside Field Operations Engineer, to comment on the above project. Snow Creek is classified as Class C, Trout. The project will not require a trout buffer variance. By copy of this letter, l am fonvarding 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.144. Please forward comments directly to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request wou►d 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 Enclosures cc: J.J. Swain, Jr., P.E. Chris Medlin, P.E. Ben DeWit, CPESC Kevin Barnett Kristi Lynn Carpenter Mada Chambers Andrew Henderson 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 7a. Type(s) of approval sought from the X Section 404 Permit ❑ Section 10 Permit Corps: 1 b. Specify Nationwide Permit (NWP) number: 14 or Generai Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? X Yes ❑ No 1 d. 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 Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this �otification solely for the record For the record only for DWQ 401 For the record oNy 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 � Yes X 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 600061, SR 1172 2b. County: Mitchell 2c. Nearest municipality / town: Wing/Ledger 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 176P.13.R.144 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. Streetaddress: 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 11 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. Department of Transportation (if applicabie): 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(�Dncdot.gov 5. AgenUConsultant Information (tf applicable) 5a. Name: N/A 5b. Business name NIA (if applicable): 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Telephane no.: N/A 5f. Fax no.: NIA 5g. Email address: N/A Page 2 of 11 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: 35.94387° N Longitude: - 82.14718° W 1c. Propertysize: 0.1 acres 2. Surtace Waters 2a. Name of nearest body of water (stream, river, etc.) to Snow Creek 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 1172 surrounded by low density residential area and forested land. 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: 200 3d. Explain the purpose of the proposed project: Replace existing 41' two-span bridge with a 40'x34' three sided box culvert. 3e. Describe the overall project in detail, including the type of equipment to be used: A permanent impact to 91 linear feet of Snow Creek will be necessary for structure footings (34 feet) and rip rap inlet/outlet stabilization (57 feet). The structure footing will be outside of the normal water's edge but will be within the normal high water elevation of the stream. The bottomless culvert functions the same as a bridge since the stream bed will not be impacted under the structure. An additional impact of 67 linear feet will occur for a minor relocation of an UT to Snow Creek downstream of the existing bridge. The dimension, pattern and profile of the relocated stream will be similar to the existing stream. A relocation plan is included in the application. 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 / � Yes X No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type � preliminary ❑ Final of determination was made7 4c. If yes, who delineated the jurisdictional areas? AgencylConsultant 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. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans fia. Is this a phased project? ❑ Yes X No 6b. If yes, explain. � ', Page 4 of 11 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 W2 � 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type ofjurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermitte�t DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 X P❑ T Structure Footings Snow Creek � INT ❑ DWQ 20 34 S2 X P❑ T Rip Rap Snow Creek X PER X Corps 20 57 ❑ INT ❑ DWQ S3 X P � T Stream Relocation UT to Snow Creek X PER X Corps Z s� ❑ INT ❑ DWQ S4 � P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 158 3i. Comments:91 feet of permanent impacts for rip rap and structure footing , 67 feet of impacts for stream relocation. Page 5 of 11 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 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 required7 ❑ 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 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 ora T im act re uired? B1 ❑P�T ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimlzation 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Replacement of bridge with bottomless culvert to maintain natural stream channel under the structure. Stream relocation will preserve dimension, pattern and profile from existing stream. 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 ❑ Yes X 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 ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this � payment to in-iieu 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. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. if using stream mitigation, stream temperature: ❑ warm ❑ 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: b. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsibie mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. 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. 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 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 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�q Sb. Have all of the 401 Unit submittal requirements been met? N/A Page 9 of 11 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 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 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) 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 10 of 11 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 Habitat? 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 Culturel 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 MapslDatabase 8. Flood Zone Designation (Corps Requirement) Sa. Will this project occur in a FEMA-designated 100-year floodplain7 � Yes ❑ No Sb. If yes, explain how project meets FEMA requirements: Project will not impact water passage or Flood zone beyond existing conditions 8c. What source(s) did you use to make the floodplain determination? Current FEMA Maps Roger D. Bryan n 9/21/2016 f� Applicant/AgenYs Printed Name pplicanUAgen Signature Date (AgeM's signaWr is valid only if an aut iorization letter from the applicanl is rovided. Page 11 of 11 Figure 1. Bridge 600061, SR 1172, Snow Creek (above and below), Mitchell County, NC. Figure 2. Bridge 600061, SR 1172, UT to Snow Creek proposed for minor relocation, Mitchell County, NC.