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HomeMy WebLinkAbout20090517 Ver 1_Application_20090429TIJ IN REPLY REFER TO L7617 PIN 10157 National Park Service 4z Blue Ridge Parkway. ?4 ?UO9 199 Hemphill Knob Road Asheville, North Carolina 28803 Apri 127,2009 1> Ms. Sue Homewood 0 9 0 5 17 NC DWQ, 401/Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Subject: Project PRA-BLRI 21316, Blue Ridge Parkway Rehabilitation Submittal of Pre-Construction Notification (PCN) for DWQ 401 Certification Dear Ms. Homewood: The Blue Ridge Parkway (Parkway), in cooperation with the Eastern Federal Lands Highway Division (EFLHD), of the Federal Highway Administration (FHWA), has proposed to resurface and rehabilitate approximately 13.3 miles of the above subject project located in Alleghany, Ashe, and Wilkes Counties, North Carolina on the Parkway from Milepost 247.9 (ramp on SR 18) to Milepost 261.2 (at SR 16). The project consists of pavement removal, milling, pavement patching, asphalt paving, shoulder stabilization, stone curb removal and replacement, concrete curb removal, drainage work and miscellaneous work. Drainage work consists of inspecting and evaluating culverts, inlets and ditches for potential cleaning, reconditioning and/or replacement, cleaning debris out of the waterway along SR 18, as well as reconstructing a rubble waterway at the stream at SRI 8, and removal and resetting of stone headwalls. Enclosed with the PCN are plan drawings, photos, topographic maps showing the location of the project, a check for $240 (90 linear feet of stream impacts), a copy of the submittal letter from FHWA to the North Carolina Department of Environmental and Natural Resources for review of the Erosion and Sediment Control Plan for this project, as well as the verification from the U.S. Army Corps of Engineers (Action ID 2009-0625). We hereby request review of the PCN. If you have any questions or need additional information concerning this project, please give me a call at 828/271-4779 ext. 219. Sincerely, Suzette Molting Environmental Protection Specialist Enclosure cc: Larry Hultquist, DSC Project Manager, National Park Service, Asheville, NC Ryan Kimberley, Environmental Protection Specialist, FHWA, Sterling, VA TAKE PRIDED INAMERICAI? United States Department of the Interjor `?`?? _y n' ,' s q .? /' . 1. L, A 1W Pre-Construction Notifca .CN Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 03 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (checkall that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval'is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ®No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer lh below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: PRA-BLRI 2D16, Blue Ridge Parkway Rehabilitation 2b. County: Alleghany 2c. Nearest municipality I town: Laurel Springs 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: United States of America 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no:: 3g. Fax no.: 3h. Email address: n ®9®5? o?oF waiF9pc ' 4{ ?/ Office Use Only: hrn Corps action ID no. 2p0 DWQ project no. Form Version 1.3 Dec 10 2008 S Page I of 14 PCN Form - Version 1.3 December 10, 2008 Version f 4. Applicant Information (if different from owner)' 4a. Applicant is: ? Agent ,, .,® Other, specify: BLRI Environmental Protection Specialist 46. Name: Suzette Moiling, 4c. Business name (if applicable): Blue Ridge Parkway 4d. Street address: 199 Hemphill Knob Road 4e. City, state, zip: Asheville, NC 28803 4f. Telephone no.: 828-271-4779 ext. 219 4g. Fax no.: 828-271-4119 4h. Email address: suzette_molling@nps.gov 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 14 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude: (MP 247.9) 36.3911°N Longitude: - (MP 247.9) -81.2433°W (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 15.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Laurel Fork Creek 21b. Water Quality Classification of nearest receiving water: B;TR:+ 2c. River basin: New Page 3 of 14 PCN Form - Version 1.3 December 10, 2008 Version 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: Under the provisions of the Act of Congress approved in August 25, 1916 (39 Statue. 535), the intended purpose of the Blue Ridge Parkway is to provide an elongated park for public use and enjoyment via a motor road through a variety of scenic Appalachian Mountain environments. The project limits extend between Milepost 247.9 from the on ramp at SR 18 to Milepost 261.2 at SR 16, which is the end of Section 2D. There is one bridge and one box culvert used (NC Route 18 bridge is a box culvert style bridge with class B masonry parapet walls) as underpasses to carry traffic over NC Route 18 at Milepost 248. Drainage water is ponding over and along the upper end of the SR 18 Blue Ridge Parkway north access ramp and over portions of the motor road and is a safety concern to traffic on the Parkway. There is an existing stream that flows beneath the access ramp and directly beneath the Parkway bridge that passes over SR 18. The stream course is approximately 3 feet wide and is very shallow at approximately 8 to 12 inches deep. The immediate area surrounding the location for proposed work is a wooded riverbank. 3b. List the total estimated acreage of all existing wetlands on the property: 0 in the project area 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: There is approximately 500 linear feet of streamcourse running between the end of the culvert to just beyond the bridge. 3d. Explain the purpose of the proposed project: . The deteriorating road surface is creating unsafe driving conditions. Present Federal Highway condition rating in 1998 was 575. This rating is the Parkway's 6th highest deficiency rating within our roadway inventory. Sections are showing localized fatigue cracking in wheel paths along with crescent cracking that is an indicator of sub-grade problems. Extensive raveling is occurring throughout this section. Other areas have localized block cracking resulting in surface grade differences of 1 to 3 inches. This is a safety hazard due to uneven driving surfaces. Low to moderate edge cracking is prevalent, resulting in accelerating shoulder and pavement failure. During rainy weather standing surface water on the roadway creates a hydro-planning condition. Likewise, in cold weather icing occurs due to the poor drainage and raveling in wheel paths. These conditions not only accelerate the deterioration of the structural foundation of the road base but also create an extreme driving hazard for visitors and employees. It is crucial that this section of roadway be repaired immediately to prevent further deterioration, correct these unsafe driving conditions and reduce the potential for escalating maintenance and repair costs. The completion of this project will improve 13 miles of the Parkway's 525 miles of paved road inventory from extremely poor condition to a good condition rating. It will also greatly help in reducing motor vehicle accidents by providing a better road surface free of defects. Page 4 of 14 PCN Form -Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of resurfacing and rehabilitating the pull-offs and parking areas from Mileposts 247.9 to 261.2. There is one parking and pull-off area and one parking area. The work involved includes pavement removal, milling, pavement patching, asphalt paving, shoulder stabilization, stone curb removal and replacement, concrete curb removal, drainage work and miscellaneous work. Drainage,work consists of inspecting and evaluating culverts, inlets and ditches for potential cleaning, reconditioning and/or replacement. Milepost 247.9 at SR 18: Clean the stone arches of the bridge; provide underdrains to drain bridge subsurface runoff. Resurface and repair pavement cracks for the on and off ramps. Install inductive loops and Diamond "T" Traffic Tally Counter No. 41 on both ramps. Reconstruct approximately 225 linear feet of existing stone rubble ditch. This quantity includes a section of ditch located on the Parkway left across from the north ramp, a section located under the bridge adjacent to the south abutment, and a section located along the bridge adjacent to the existing stone rubble ditch. Repoint the headwall located on the Parkway right, near the north ramp and reset the capstone on both headwalls located near the south ramp. Repair the inlet located near the upper end of the south ramp. Inspect and recondition the culvert at the lower end of the south ramp. Specifically, to resolve the drainage problem at SR 18 access ramp, it is planned to reconstruct existing 225 linear feet of 3 ft. wide, Type 2 rubble waterway along the access ramp that will discharge into an existing stream that flows beneath the ramp through a 4 ft. by 3.5 ft. concrete box culvert. Portions of the inlet and outlet headwalls of this box culvert must be replaced to correct structural deficiencies. The stream course is narrow at only 3 feet wide and is very shallow at about 8 to 12 inches deep. Directly beneath the Parkway bridge that passes over SR 18, the waterway within the stream course must also be reconstructed for an approximate linear length of 90 feet. The stream course flows directly along the concrete abutment of this bridge. With high water flow there is a good chance that this stream course could cause scouring of the concrete abutment footings. To resolve this potential scouring, it is planned to reconstruct the existing rubble waterway to reduce erosion and siltation and to protect the structure of the bridge abutment. Extend existing headwall inlet end 12 feet by removing the existing masonry headwall, adding 12 linear feet of reinforced concrete pipe and reconstructing a masonry headwall at the new inlet end of the pipe culvert. Remove and reconstruct the outlet end masonry headwall and install Class 2 or 3 riprap from outlet end of pipe to stream to form a lined rip rapped ditch that will prevent further erosion of this area. Silt fencing will be used to prevent and control sediment/erosion during construction. A small diversion dam will be constructed above the stream of the rubble waterway beneath the bridge. An 18-24 inch diameter polyethylene culvert or pipe shall be placed to direct flow from the water pond above the diversion dam to flow around the rubble waterway to again flow within the stream course. This can be accomplished with gravity flow not requiring pumping. The inlet and outlet ends of this diversion pipe shall be erosion and silt protected. Types of equipment to be used include a small backhoe and hand tools (to grade the channel of the stream course to install the rubble waterway) or bobcat with grading or backhoe attachments is a possibility, as well. To compact the sub- base or bedding material the rubble waterway will be set within a "wacker packer" or small walk behind compaction equipment will likely be used. The stone will be hand placed and grouted and allowed to cure for 72 hours before allowing the stream course to flow across it. The stream course will be diverted through culvert pipe around the rubble waterway as it is being constructed. The diversion water can be filtered through erosion control check dams so that any sediment settles behind the check cams and the water remains clear before being returned to the stream course. Please see attached documentation. Page 5 of 14 PCN Form -Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes El No El Unknown project (including all prior phases) in the past. Comments: See attached Corps Determination of Jurisdiction 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: USACE Name (if known): Amanda Jones Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 4/6/09 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Corps Action ID 2009-0625, issued 4/6/09 (attached) authorizi ng replacement of existing culverts and drainage structures and placement of r prap with impacts to stream channels totally 90 linear feet. NCWRC letter dated 3/30/09 (attached) with recommendations incorporated into the permit. 6. Future Project Plans 6a. Is this a phased project? ?Yes No 6b. If yes, explain. Page 6 of 14 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ® 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) Temporary T W1 ? 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 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) Replacement of S1 ? P ®T existing culverts, ' drainage LIT1 to Laurel ? PER ® Corps 3 90 structures, placement Fork Creek ® INT ? DWQ of riprap S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ ? P ? T S5 ? PER El Corps ? INT ? DWQ ? PER ? Corps S6 ? P ? T ? INT ? DWQ 3h. Total stream and tributary impacts 90 3i. Comments: Page 7 of 14 PCN Form -Version 1.3 December 10, 2008 Version 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 individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 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 and or lake construction. proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose of 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K 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: Page 8 of 14 PCN Form -Version 1.3 December 10, 2008 Version 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 impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ?Tor-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 61b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for Stream name mitigation (square feet) (square feet) or Temporary impact required? T B1 ?P?T ?Yes ? No B2 ? P ? T ? Yes ? No B3 ? PE] T ?Yes ? No 6h. Total buffer impacts 61. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Design submittals were reviewed by NPS, reviewing all components of the design such as the layout, clearing limits, grading, drainage, erosion control, details, revegetation, parking areas and associated site elements, structures and furnishings such as walks, fences, walls, lighting, signs, etc., as these elements affect the overall NPS project investment. NPS staff participated in on-site plan-in-hand reviews, providing assistance regarding resource protection during design process and will provide overview and technical assistance during the construction contract. NIPS has completed resource surveys to map noxious, exotic, sensitive and T&E plant species within project work limits. 11b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. NCWRC mitigations within the USACE permit shall be incorporated as part of this project. A Type 2 rubble waterway along the SR 18 north access ramp will be reconstructed to resolve water ponding problems, as well as construction of a rubble waterway directly beneath the bridge to reduce stream channel erosion. Silt fencing will be used to prevent and control sediment/erosion. Within the stream course burlap, woven geotextile fabrics, or other fiber materials rolled around straw or other materials shall be used as filtered check dams. Care shall be taken in removing and reinstalling historic stone work. Staging and parking for vehicles, equipment and materials shall be confined to paved overlooks and parking areas. Other areas utilized shall be only as designated approved by the local BLRI Resource Management Specialist. If previously unknown archeological resources are discovered during construction, all work in the immediate vicinity (600 feet) of the discovery shall be halted until the resources are identified and documented and an appropriate mitigation strategy 'developed, if necessary, in accordance with pertinent laws and regulations, including the stipulations of the 1995 Programmatic Agreement Among the National Park Service (U.S. Department of the Interior), the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers. All workers will be informed of the criminal penalties for illegally collecting artifacts or intentionally damaging any archeological or historic property. Workers will also be informed of the correct procedures should previously unknown resources be Page 9 of 14 PCN Form - Version 1.3 December 10, 2008 Version uncovered during construction activities. Data recovery excavations will be carried out under NIPS guidance to mitigate adverse affects. Construction and other debris shall be disposed of off park lands in an approved landfill: Store all temporary inorganic or construction and demolition materials in a gathered/piled manner that will readily accommodate removal, and will not create fluid or additional waste removal problems. All construction activities shall be performed in a manner having the least possible detrimental effect upon the surrounding terrain or vegetation. Use of pesticides, herbicides or growth regulation chemicals shall not be permitted during construction or future maintenance of the roadway. Reseeding shall follow BLRI "Guidelines for Seeding and Rehabilitation." Furnished soil is to be subsurface soil, clean and free of exotic weeds. Source is to be approved by the landscape architect (LA) or resource management specialist (RMS) or contracting officer (CO), after inspection by the National Park Service. The NPS will need 14 days advance notification to inspect the source. If it is found unsuitable, another source will be found and approval process repeated. Thoroughly clean all equipment used for seeding prior to use on this project. This equipment will be subject to inspection at the CO's discretion. This is to preclude the introduction of exotic vegetation into the park. Only clean fill, preferably from some site on the Parkway, shall be used. Any fill coming from off-site shall be inspected (as well as the site it came from) to reduce the chances for introduction of exotic plant species. Construction materials shall be chosen so as to cause as little impact to the site as possible. Treated lumber and any other materials which might have detrimental leachents shall be avoided. Where compatible with safety and space considerations, excavated soil shall be placed on the uphill side of trenches. Where such a practice would result in unsafe conditions or unnecessary traffic disruption, material may be placed on the down slope side of a trench. In such a case, an appropriate silt barrier shall be placed along the excavated material to prevent sediment deposition. Class 2 or 3 riprap will be installed to prevent erosion. Riprap used shall be confined to the toe of the slope just above the low water line and below the top of the slope. It shall not extend into the stream flow. - If any culverts on perennial or intermittent streams are replaced or modified the new culvert shall be designed to enable the movement of fauna through the culvert. The park's wildlife biologist can provide guidance with this as needed. An Erosion and Sediment Control Plan was submitted to the NC DENR, Division of Land Quality Section on March 23, 2009 for approval. (see attached) 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 ® 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 project? ? Payment to in-lieu fee program ? Permittee Responsible Mitigation Page 10 of 14 PCN Form - Version 1.3 December 10, 2008 Version 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: 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. 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 buffer mitigation? ? Yes ? No 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. - Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 11 of 14 PCN Form - Version 1.3 December 10, 2008 Version 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 ® 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 Management Plan 2a. What is the overall percent imperviousness of this project? 18% 2b. Does this.project require a Stormwater Management Plan? ? 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, na rrative description of the plan: Erosion control measures including silt fencing, temporary dewatering structures, and other erosion control measures shall be implemented that meet requirements of the National Park Service and the State of North Carolina. Once a contract has been awarded, the vendor will submit a SMP for review/approval if required. ? Certified Local Government , 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HOW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 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 12 of 14 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental, Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the N Yes ? No use of public (federal/state) land? 1b. 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 N 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: A Categorical Exclusion was prepared and approved for this project, per National Park Service Guidelines (Director's Order #12). 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 Z No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes N 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 N 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. There should be no wastewater generated during this project. Page 13 of 14 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? USFWS, NCNHP, BLRI Park Biologist 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? SAFMC, NCWRC 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ®No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO, NIPS Southeast Archeological Center 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year Floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the Floodplain determination? www.ncfoodmaps.com, BLRI database Suzette Molling 4/21/2009 Applicant/Agent's Printed Name pplicant/Agent's Sign 6t Ire Date (Agent's signature is valid only if an authorization efter,from the applicant is provided.) Page 14 of 14 PCN Form - Version 1.3 December 10, 2008 Version iL tin Park S BSe X ( 1B p Laurel 50 J co ¦ Mount State I WEST `? JEFFERSON MP 261.2 v, 88 End Project 62? ?q Deep Roaring 230 ¦ Stone Mountain State Park vs Gap 3729ft m'0rinegar Cabin . Bluff Doughton Park Mountai Information 3792 4 ©?®O MP 247.9 Begin Project Mulberry NORTH WILKESBORC Trading Post 20 impinoff Rock 3225ft 16 W. Kerr Scott The Lump Reservoir Benge Gap 26 E.B. Jeffress ark 1?i( p azl Deep Gap .C)// 280 Location Map N a r aIF (uy'A di®Nt0'F ? IvI?'ISrTtR?TaNFi PB?? ®P?I e NS ®CESS ,, ?RLQ ST ® ? ?P AL _ Applicant: National Park Service, Blue File Number: 2009-0625 Date: April 6, 2009 Ridge Parkway/ Attn: Suzette Moiling Attached is See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of permission B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SBC ing;identtfies;+yottr ng htsand optionsiegardmg=an admlmstrattve appealfof the'aboue?h?, sTION I The follow SY.:: a"'E '.i'S9f #r ,++.e s,. 6,y? xr nr,J S?t,?q a' ,t v 7 Fs.i : s+o ea ? -3 tµ 'u, +. -$?" 'r •£„+fiYS ,?, sc, , ? - - ? e 4s atahttn //www usace:anny mtl7met/functions/cw/cecwo/reg ors e found dectslon?Addthonal mforma4ion mayb e l ?. iLTiti3t?.?3. i•Wy 51. ??,,?u(?,1.1! .I/?;Part? 9' d4.{A t] i8` ?Z"' 6Y'?i. ?c1f 1 I(?%a,:j # `b-1'aN 4+.i4 Y? 3 1113.1 l.Cy y 1'.f.?htirY Co _s re lahons atYr33? CFR+331aY A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the perm t having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section If of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process, by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, ybu may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. i?y3"'?' ? ' ?2% tfSt Cj.,?h W& R-7LL'fti . T>I0NSTOANINITIAL?PROFFERED PERMIT ,'; ?SECTIONfII RE » UESTFOYt APPEAL±or OBJE0 . REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to areview of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. IONS1W'r9 ; ORMAT ON J`f: ONTACTF OR,rUEST• POINTvOFC . , . , If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Amanda Jones, Project Manager Mr. Michael F. Bell, USAGE, Asheville Regulatory Field Office Administrative Appeal Review Officer 151 Patton Ave, Room 208 CESAD-ET-CO-R Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division 828-271-7980 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Amanda Jones, Project Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801. For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 ? N k '? ? ? o g? h m r? s y ? a b ,? s a L `ypQ o .>< $?? ? o& y Mgr bbS L-'L;y ??m Y?? _? ? £ CY &°N S;? b &o ? oi ? $? a E ? ?? Sti 3 b 3 l ?so! . a `? S 8q c ? .0?55? d OZ` ° +?aa > L E i ` ??P yb i-°O EL O y i4 a I g ?&4C t? N rvj y vi Y 2 1 h i W 4 t ? . b W o 3 t o ? W J t O H ? I s4 9 g> ! A ho 3 0 be Icy 3 yN L C i4 ?Y m ui V R? a fr 3 o ? h &A??yM obP3 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2009-0625 County: Alleghanv USGS Quad: Whitehead GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: National Park Service-Blue Ridge Parkway / Attn: Suzette Molling Address: 199 Hemphill Knob Road Asheville, NC 28803 Telephone No.: 828-271-4779 Size and location of property (water body, road name/number, town, etc.): The site is located along the Blue Ridge Parkway between milepost 247.9 and 261.2 near Laurel Springs, Alleghany County, NC. Description of projects area and activity: This permit authorizes replacement of existing culverts and drainage structures and placement of riprap Impacts to stream channels authorized by this permit total 90 linear feet. Attached recommendations from the North Carolina Wildlife Resource Commission are incorporated as special conditions of this permit authorization. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 03 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action: This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation; unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Amanda Jones at 828-271-7980. Corps Regulatory Official Amanda Jones Date: April 6, 2009 Expiration Date of Verification: April 6, 2011 Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ' D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _ Action ID Basis of Jurisdictional Determination: The site contains stream channels that exhibit indicators of ordinary high water marks. The stream channel on the property is an unnamed tributary to Laurel Fork Creek which flows into the NewRiver and ultimately flows to the Atlantic Ocean through the Gulf of Mexico. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Amanda Jones, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an PEA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an REA fomt, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Issue Date: April 6, 2009 Expiration Date: Five years from Issue Date The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at . http7//repulatory.usacesurvey.com/ to complete the survey online. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Fumished: ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Amanda Jones, USACOE Asheville Regulatory Field Office FROM: Ron Linville, Regional. Coordinator / Habitat Conservation Program DATE: March 30, 2009 SUBJECT: Blue Ridge Parkway Repair/Resurfacing of Section 2D, Mile Post (MP) 247.9 to MP 261.2, Laurel Fork, Alleghany/Ashe County The applicant proposes to. repair and repave a portion of the Blue Ridge Parkway (BRP). Biologists with the North Carolina Wildlife Resources Commission are familiar with habitat values in the area. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25). The project involves a bridge and a box culvert on a thirteen (13) mile segment of the BRP. About 225 feet of rubble waterway along NCSR 18 is indicated to resolve water "pending" plus a 50' x 4' rubble water way is indicated beneath the bridge to protect the bridge and reduce stream channel erosion. Work is proposed to be conducted during summer months. Aquatic life passage provisions are indicated. Brown and Rainbow trout are known for the area. Based on our review of the submittal, we will not object to the project as proposed providing the following conditions are implemented: 1. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction. 2. To the maximum extent practicable, aquatic life passage should be provided. Existing aquatic life passage. should be assured during low flow or drought Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 BRP Roadway Renovations Page 2 March 30, 2009 conditions. Any riprap used must not interfere with aquatic life movement during low flows. Natural channel dimensions should be provided where fish are present. 3. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124). 4. Work must be accomplished so that wet concrete does not contact stream water. 5. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 6. Temporary or permanent native herbaceous vegetation should be established on all bare soil within five (5) days of ground disturbing activities in the twenty-five (25) foot trout buffer to provide long-term erosion control. Natural fiber matting is recommended over plastic matting that can impinge and entrap small animals. Onsite vegetation and materials may be used for stream bank stabilization when practicable. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at 336-769-9453. E-copy: Sue Homewood, DWQ-WSRO Permit Number: 2009-0625 Permit Type: NW03 Name of County: Alleghany Name of Permittee: National Park Service, Blue Ridge Parkway / Attn: Suzette Molling Date of Issuance: April 6, 2009 Project Manager: Amanda Jones Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers ,Attention: CESAW-RG-A 151 Patton Avenue, Room 208 , Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Eastern Federal Lands 21400 Ridgetop Circle USDeparimeni Highway Division. Sterling; VA 20166.651 t of Trgnsportotion Federal Highway z _ m ?D?a e? .' Ifl 2 ell a C o - ?ra•4 ?' j W ? C3 x n .1 41 _ 2. ? ? \ ? .J LL = q =. ?;'( 1 a . i L y G -jr pia. ? •.? Y,.. ? Q ` ? l° 9. i1 \1 1 a 1. ? I \`'+-. a •,,\. ?? r y ?, 1 1 _. - ,. ????-? ? if f S ?' a 4Y fo !. '' 'tel. ° a. s N ? ? p W _ `•... r?? .rYA JBYDr?.E ?D S W ? Q O O 4 r•1 O` gbJf, O,L x ' k:7 L? PIN 10157 - Parkway Repair/Resurfacing, Section 2-D, MP 247.9 to MP 261.2 , WIK _ ! ?r d `gyp ?;?? ??n`, 'f ? r - ?? ? ••?< p?1r'?' 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