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HomeMy WebLinkAbout20080916 Ver 1_Application_20080605d 'A S%TA7r 4 y •Q 4w: ?• STATE of NORTH CAROLINA U S,? gyn., op,? DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR June 2, 2008 Mr. David Baker, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 LYNDO TIPPETT SECRETARY 080916 Subject: Nationwide 14 Permit Application SR 1338 -White Oak Road Haywood County State Project No. 14C.044072 (DWQ Minor Permit Fee 5240) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to widen, grade, and pave SR 1338, White Oak Road, in Haywood County from the end of pavement for a distance of 1,650 feet to the end of the project. This proposal entails widening and paving the existing gravel road to a standard 18-foot roadway. The proposed improvements of SR 1338 have been identified as necessary maintenance and safety improvements. Funds have been allocated for this project, and NCDOT would like to perform these activities sometime during the 2008-09 paving season. I am sending a straight-line diagram with the proposed erosion control and construction limits along this project. In addition, I am sending a typical section of the road, cross sections, drawings for pipe culvert replacements as well as a marked county map and USGS quad map. We propose to install the new, culverts slightly below the existing streambed elevations where bedrock is not encountered to minimize impacts to aquatic habitats and allow the existing stream gradients to remain as unchanged as physically possible. The North Carolina Natural Heritage Database was checked for records of threatened and endangered species. There are no records of threatened or endangered species for the unnamed tributary of the Pigeon River or for Rocky Branch. Additionally, there are no records for the Pigeon River downstream to Waterville Lake. The unnamed tributaries are small (1-2 feet) and are not of sufficient size to support freshwater mussels; fish habitat is also very limited in the project area. Impacts from two culvert replacements should be minimal. For these reasons, we believe there will be "no effect" on threatened and endangered species. Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation Office (SHPO) and the Office of State Archaeology determines that further investigations are required, NCDOT will conduct the appropriate site investigations and obtain compliance from SHPO prior to project construction. Impacts to Waters of the United States The unnamed tributary of the Pigeon River and Rocky Branch are shown on the USGS topographic map as perennial streams. Both streams have defined channels composed of sand and silt with some gravel. The channels lack vegetation. Both streams flow directly into the Pigeon River within one-half mile of the culvert impact sites. The Pigeon River meets the definition of a Traditional Navigable Water. For these reasons, we believe these streams meet the definition of Relatively Permanent Water, and are under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project in accordance with our current secondary road standards, it will be necessary to impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is requesting to extend/replace one metal culvert in an unnamed tributary of the Pigeon River (DWQ Class C) and one metal culvert in Rocky Branch (DWQ Class C). Listed below is a summary of the proposed impacts. Site No. Existing Condition Proposed Condition Net I acts Station mp Site 1; 58+95 35'x 36" CMP 65'x 48" CMP 30 ft Site 1; 58+95 Free Flowing Temporary Dike/Flow Diversion 115 ft Channel Site 2; 75+19 40' x 36" CMP 50' x 42" CMP loft Site 2; 75+19 Free Flowing Temporary Dike/Flow Diversion 100 ft Channel Total Permanent Impact 40 linear feet Total Temporary Impact 215 linear feet Permits Requested NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am asking Mr. David McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am requesting Mr. McHenry and Mr. Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 488-2131. Your early review and consideration will be greatly appreciated. 7ona ere j than L. Woo ard, P.E. District Engineer cc: Mr. Brian Wrenn, DWQ, DENR, Raleigh (four copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. David McHenry, Mountain Region Coordinator, NCWRC Mr. Troy. Wilson, Biologist, USFWS Asheville Mr. J. B. Setzer, P.E., Division Engineer, NCDOT Ms. B. T. Williams, P.E., Haywood County Maintenance Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "NSA".) 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: 345 Toot Hollow Road Bryson City NC 28713 Attn: J L. Woodard PE District Engineer Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518 E-mail Address: jwoodard(iDdot state nc us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: Mailing Address: Telephone Number: N/A E-mail Address: N/A Fax Number: N/ Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Widen, grade, drain and pave SR 1338 White Oak Road in Ham County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 14C.044072 3. Property Identification Number (Tax PIN): N/A 4. Location County: Haywood Nearest Town: Maggie Valley Subdivision name (include phase/lot number): n/a Directions to site (include road numbers, landmarks, etc.): From Jonathans Creek take US 276 North to SR 1395. Turn left on SR 1395 and follow to SR 1338. Turn right on SR 1338 and follow for approximately 5 miles. This is the project 5. Site coordinates, if available (UTM or Lat/Long): Attached (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres) 1.70 acres 7. Name of nearest receiving body of water: Pigeon River (C) River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Residential, woodlands Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: This project includes cutting and filling earthwork where needed, replacing old drainage structures that are inadequate, making the road safer by changing the road profile, and paving. Equipment to be used will be Track Hoes, Back Hoes, Dump Trucks, Bulldozers, Manual Labor, sandbags, pumps and diversion pipes. 11. Explain the purpose of the proposed work: To pave, widen the shoulders, and improve the alignment of SR 1338 to meet current NCDOT standards. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases. of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No permits have been applied for previously V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permits are anticipated VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 9 1. Provide a written description of the proposed impacts: Plastic sheeting and sandbags will be placed in the stream channel above culvert to create an impervious dike. Water will be diverted or pumped around culvert installation site. Culverts will be installed and the temporary impervious dike will be removed after culvert installation. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Average Impact Area of Number Stream Name Type of Impact Perennial or Stream Width Length Impact (indicate on map) Intermittent? Before Impact (linear (acres) feet) 1 @ Station 58+95 UT to Pigeon River Culvert Extension P 1 30 0.00069 1 & Station 58+95 UT to Pigeon River Flow Diversion P 1 115 N/A 2 @ Station 75+19 Rocky Branch Culvert Extension P 1 10 0.00023 2 ce Station 75+19 Rocky Branch Flow Diversion P 1 100 N/A Total Permanent Stream Impact (by length and acreage) 40 0.00092 Total Temporary Impacts for Flow Diversion & Impervious Dikes Respectively 215 N/A Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill avr avatinn rlrarlaina flnndina rlrninnue hnikhends_ etc_ Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) v Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) 6 List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): - - 0.00092 Wetland Impact (acres): - 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.00092 Total Stream Impact (linear feet): Permanent 40 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Culverts will be extended the Page 5 of 9 minimum length necessary to meet current NCDOT standards. New culverts will be placed below the existing stream bed so natural substrate can be re-established. The culvert installation sites will be de-watered to minimize impacts from sedimentation. Streambanks at the culvert outlets will be stabilized with rock along the lower one-third of the bank and coir matting on the unner two-thirds if needed. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP Page 6 of 9 website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No E] X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Stormwater will be diverted through settling basins or grass lined buffers prior to entering streams (See erosion control plan) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This road is a rural road Currently this area is single family residential. The road is being upgraded only to minimum secondary standards; thus it is not likely that development patterns would change significantly. Page 8 of 9 XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A kpplicant/Age is Signature ate s signature is valid only if an authorization letter from the applicant is provided.) SITE COORDINATES Site # Degrees North Degrees West 1 035.6517 083.0009 2 035.6541 083.0006 Page 9 of 9 SITE at HAYWOOD CO. STA. 58.95 SR 1338 BRANCH SIZE 1' Y X 3' 0 WHITEOAK R0. EXIST. 35' X 36' CNP PROP. 65' X 48• CHP SKEW 85• EXIST _ PROP. CL - CL i N i ? 85• i _ _ r ---- EXT. INLET - ENO 7' i EXIST EXIST E•- EDGE EOOE -PE• TL TL EXT. OUTLET ENO 23' 1 ' -20' T.B.N. ELEV. 100.0 HUB IN GROUND 44' LT. 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IS 67-;E-X,9 Sfevev S ? / 9/o S Re os ,Po9 6R 5 Vials ? 0?- ?I 65+40 /3 75+00 - 75+00 ??. ?le*-kv-%, o rl5 U 3?-? ?L?NK ?an/NU l7R ? _ i J W f}yNt5V?11? , PIS Z???G -?--- G;,?o Ex %sf c P -40, p I Ud.I?6D S+,tTES a F ?r'fEi2iCA CIO LA S 2LSt E F? 1?fc Z 7 50 !7 ELI 0 iI I -?-5 o' 70+00 iz '7o+btL i 70+00 ?? • ' s OAK MTV. 1353 r Al '?1 ti r + ? X52 VICINITY MAP Haywood County State Road Number: 1338 LAKE FERV1L Pt r a ' LC C, z z O O O O O In Lr) Cl) ?z O I_ O -(O ICY) 0 3.40833 ° W O63.900 00° w 082.?91 l 1 l ; I I ? 6666° I - f / %NA I t f , ``: it 1 Gr..} , ly? ~: i._ i i `` ?1?,?,f. Y``` -.. fj r?? 1k I - 41 POT ' ? ? ? ? '-ma f- ?`' , ...'`'+ ?? ?' -?. ?= • ? '`' r ' ' \? ' , '.°; `` ,-: '•? J ? y y ,- f _ , ? r Site 2 f O 1 r _ ti r_ _- ?}•?\ 1 -'4' _ a r•? "l - / i 1 r 1 .l- I,?! r : r, - -?' '..ICI (r- • '• ' ? i' , +r f ` ' r • r' Site 1 • 1,f I - , : `{/~- !-?'' J'r f• \\\'? ?-.? _ -\ \ •? +A ? ? , ?.r-?? ?i r?'."+? / ,J Y 11 ? \ ?' f I ? frr s ?uj .., ? . }', lLY'.` ?+ !?, it ?. it !t ? ? y*?'} -'? I ' S ? r ? I ~ •?,l + Magnetic Declination +14 Pik 5° W 1 r , 0 3.008 3313° 0 3. 00 0 0° W 082.39166 6° SR 1338 Site 1 Ilk `I N l Inlet Outlet ' a v,* ^. Site 2 tit r., ?. std; y Inlet Y + f ? Outlet