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HomeMy WebLinkAbout20090526 Ver 1_More Info Received_20090608?aker June 5, 2009 NC Division of Water Quality Attn: Cyndi Karoly 401 /Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Michael Baker Engineering, Inc. 797 Haywood Road Suite 201 Asheville, North Carolina 28806 828-350-1408 FAX 828-350-1409 Q[E@Ronpmp JUN 8 2009 DENR • WATER WAUTY WETUWOS AND STORMWATER BRANCH Subject: Preconstruction Notification and request for 404 and 401 permits for farm access improvements and buffer on property belonging to Mr. and Mrs. David Thomas of Madison County, NC. Unnamed Tributary to Ivy Gap Branch, French Broad River Basin - CU# 06010105, Madison County, NC. Dear Ms. Karoly: Enclosed with this letter are four (4) copies of the Pre-Construction Notification and other pertinent information that are being submitted for regulatory review. A permit application and check for $240.00 was mailed to the NCDWQ for this project on May 5, 2009 under Nationwide Permit #40 (Agricultural Activities). After subsequent communication with the U.S. Army Corps of Engineers, it was determined that Nationwide Permit #18 (Minor Discharges) would be a more aptly suited permit to apply for given the scope of activities proposed. Therefore we request your acceptance of this permit application in the place of the application submitted in May. In addition I have sent one additional copy directly to Ms. Susan Wilson to save your office the time and expense of forwarding it to her. We have also re-submitted this information to the U.S. Army Corps of Engineers and N.C. Wildlife Resources Commission for their review. We are providing this information for your department's consideration and comments relative to permitting under §401 of the Clean Water Act. The project reach is a small, second order tributary to Ivy Gap Branch. Ivy Gap Branch is located in a Water Supply Watershed, therefore requiring a stormwater management review of the project by Madison County's Zoning Administrator. The County's concurrence with this project as proposed is included in this submittal. As stated in the previous application, Mr. and Mrs. David Thomas of 5684 U.S. Highway 19E, Mars Hill, NC wish to restore a farm road used to access their pasture land on which they graze cattle. The original entry onto the access road was removed during the state's highway expansion project currently underway on Highway 19E. As a result, the Thomas' no longer have an access to their pastureland from this road. The proposed project would enable the landowners to reclaim this access by building a segment of gravel road off their existing driveway that would tie into a portion of the old road access not disturbed by the state transportation project. The Thomas' also wish to create a forested berm on the downstream side of the farm road to provide a noise screen and buffer between their residence and the highway. Michael Baker Engineering, Inc. and the landowner have discussed ways of minimizing the linear feet of impact proposed under this project as requested by the NCDWQ in a letter dated May 20, 2009. If the road and berm are built as proposed, 122 linear feet (LF) of an unnamed tributary would be placed in an 18" culvert. Of the 122 LF required, 15 LF is within the DOT right-of-way x'11 swum= and has already been approved for piping under the existing permit for the highway project. From this right-of-way, the culvert would need to be extended 107 LF, the total being requested under this permit application. This will enable the Thomas' to build a 12' wide gravel road with a 5' wide grassed swale and a vegetated berm that would be approximately 25' in height. As shown in the diagram enclosed, the linear footage requested is required to achieve a stable 2:1 slope.for the berm and the sideslope of the proposed farm access. The channel is located in a small, steep drainage. The stream is much lower than the elevation needed to create the access and buffer. The Thomas' driveway is located on a steep slope, which immediately drops into a low valley where UT1 is located. The remaining segment of the old farm access is located on the opposite slope from the driveway and across UT1. As described in the permit application, the elevation difference between the channel and the landowner's driveway and the road shoulder make it difficult to re-establish a farm access and build a berm with less linear impact than what is proposed. I would also like to stress that this project was initiated by the Thomas' as a result of their loss of a farm access road which was in use prior to the state's highway construction project. They desire to reestablish their farm access and create a vegetated buffer between their residence and U.S. Highway 19. The landowners are paying for the cost of the culvert needed and the building of the access and a berm if a permit is issued. I stress this fact as it is particularly alarming to the Thomas' that they might be unable to restore their farm access due to concerns regarding the source of fill material that would be used. The fact that a readily available source of fill material is in close proximity to the project area could be viewed as another form of minimizing impacts associated with the project as the material would not have to be trucked in from another location. The preconstruction notice enclosed should provide the information needed to evaluate this permit request and we are prepared to meet with personnel from the Division of Water Quality to further discuss the project, if you so desire. Thank you for your consideration of this request. If you have any questions, please feel free to contact me at 828-350-1408 ext. 2010. Your timely review will be appreciated. Sincerely, C*KAEO T?Awe.- mrW-C?ru_5 Carmen Horne-McIntyre Project Manager, Michael Baker Engineering, Inc. o?'o? wn7?R?cr o oq - 0 5 a-ta Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. 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 1 h 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: Thomas Property: Farm Access Improvement Project 2b. County: Madison 2c. Nearest municipality / town: Mars Hill 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: David and Elaine Thomas 3b. Deed Book and Page No. 344/699 3c. Responsible Party (for LLC if applicable): David and Elaine Thomas 3d. Street address: 5684 U.S. Highway 19E 3e. City, state, zip: Mars Hill, NC 28754 3f. Telephone no.: 828.689.2821 3g. Fax no.: 3h. Email address: eraythomas@gmail.com Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version s 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: Carmen Horne-McIntyre 4c. Business name (if applicable): Michael Baker Engineering, Inc. 4d. Street address: 797 Haywood Rd., Suite 201 4e. City, state, zip: Asheville, NC 28806 4f. Telephone no.: 828.350.1408 ext. 2010 4g. Fax no.: 828.350.1409 4h. Email address: cmcintyre@mbakercorp.com 5. Agent/Consultant Information (if applicable) 5a. Name: Carmen Horne-McIntyre 5b. Business name (if applicable): Michael Baker Engineering, Inc. 5c. Street address: 797 Haywood Rd., Suite 201 5d. City, state, zip: Asheville, NC 28806 5e. Telephone no.: 828.350.1408 ext. 2010 5f. Fax no.: 828.350.1409 5g. Email address: cmcintyre@mbakercorp.com Page 2 of 11 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): 9757-13-6222 1b. Site coordinates (in decimal degrees): Latitude: 35.8983 Longitude: - 82.4722 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 62.07 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ivy Gap Branch proposed project: 2b. Water Quality Classification of nearest receiving water: WS-11; HQW 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: The project site is located on a private landowner's property adjacent to Highway 19N just east of the Bethel community off Exit 9 of U.S. Highway 26 West. The property on which the proposed project is located consists of a residence and pastureland. Notable features within the vicinity of the proposed project area include a small shed, a driveway leading to the residence, an unnamed tributary (UT1) and the remnants of a small road used to access the landowner's pastureland. 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: 248 LF. Most shown as "blue line streams" are actually ephemeral. 3d. Explain the purpose of the proposed project: The purpose of the project is to restore the use of a small road used by the landowners to access their pastureland for a cattle operation. The original entry onto the access road was removed during the state's highway expansion project currently underway on Highway 19E. As a result, the landowners are no longer able to access their pastureland from this road. This road was their only access into this field. The proposed project would enable the landowners to reclaim this access by building a segment of gravel road off of their existing driveway. This road segment would be tied into the portion of the existing road access not disturbed by the state transportation project. In order to accomplish this, 122 LF of the unnamed tributary would be placed in an 18" culvert extension to allow for the road access. Of this 122 LF, 15 LF is within the DOT right-of-way and has already been approved for piping under the existing permit for the highway project. Therefore, the Thomas' are requesting the remaining difference of 107 LF to allow for the building of a new access road. In addition to re-establishing their faun access, the Thomas' wish to build a berm on the downstream side of the road to create a buffer between the highway and their residence. 3e. Describe the overall project in detail, including the type of equipment to be used: Approximately 107 LF of UT1 is proposed to be filled under this permit to facilitate the re-establishment of a farm road. UT1 is approximately 4' wide at its greatest width and was measured to be no more than 6" deep during a field survey which occurred during a rain event. Based on conversations with the landowner, UT1 is normally dry in the summer months with the exception of periods of overflow from the landowner's reservoir located upstream of the project area. Based on the linear feet of impact needed and a channel width of 4' and a conservative stream maximum depth of 1' deep, it is estimated that the amount of fill that will be placed below the ordinary high water mark will not exceed 16 cubic yards. This is well below the limit (25 cubic yards) allowable for activities permitted under a Nationwide #18. The restored farm road would be approximately 12' wide and have a 5' grassed swale to carry runoff from the road. The upstream-facing slope of the access road will have a 2:1 slope. An existing culvert used to transport UT1 to Ivy Gap Branch will be extended and fill placed over the culvert extension. The proposed berm would be approximately 25' in height by 100' wide to allow for a 2:1 or more gradual slope that ties into the existing ground level adjacent to the shoulder of Highway 19 and the access road. A pre-formed head wall will be installed at the culvert inlet. This project will require the use of track-hoes, dozers for grading and clearing activities, and dump trucks to haul materials. Access to the project site will occur from the existing driveway. Page 3 of 11 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 / project (including all prior phases) in the past? Comments: Jurisdictional determinations have been ? Yes ® No ? Unknown requested for other unnamed tributaries on this property for improvements to the landowner's agricultural land. However, those improvements are unrelated to this project. 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: Michael Baker Engineering, Inc. Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The agent received verification by email on 5/5/09 that the Corps approved jurisdictional determinations noted in 4a. 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. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 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: There are no wetlands within the area included in this request or on this property. 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 - 404, 1 0 (Corps sW r Permanent (P) or intermittent DWQ - non- 404 , dth (linea Temporary (T) (I NT)? other) (feet) feet) S1 ® P ? T culvert/fill UT1 ? PER ® INT ® Corps ? DWQ 4 107 S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps El INT ?DWQ 3h. Total stream and tributary impacts 107 3i. Comments: The upper 25 LF (included within the 107 LF regested) of channel within this project area displays more ephemeral characteristics. Page 5 of 11 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. 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 Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: None 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 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 5f. Total 5g. Comments: None 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the 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 ?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 impact required? ?Yes B1 ?P?T ? No ?Yes B2 ?P?T ? No ?Yes B3 ?P?T ? No 6h. Total buffer impacts 6i. Comments: None Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. A stream crossing is unavoidable if this landowner is to re-establish road access to his pasture from his driveway. A drainage route for the property occurs between the landowner's driveway (located on a steep sideslope on the right bank) and his pasture, also a steep slope on the left bank. Access will be gained by extending the existing culvert and filling to the elevation of the existing driveway, highway and old road. The crossing will be close to the highway at nearly a 90-degree angle and connecting to the old road. The length of stream impacted is based in large part on the elevation of the landowner's driveway, the elevation of the road shoulder in relation to the elevation of the channel which is much lower than the driveway or road shoulder and the elevation of berm/buffer needed to block sight and sound of the highway. As shown in the diagram enclosed, the linear footage requested is required to achieve a stable 2:1 slope for the berm and the sideslope of the proposed farm access. Locating the crossing further upstream would likely involve culverting two ephemeral channels to create an access. A 5' vegetated swale will be constructed to NCDENR BMP specifications and will be used to divert runoff from the gravel access to the vegetated buffer adjacent to UT1. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Work will be performed during dry weather. Stream flow is insufficient to justify stream diversion. The bottom of the culvert will be placed approximately four inches into the existing stream bed to facilitate aquatic passage during drought or low flow conditions. Every effort will be made to maintain a channel slope similar to that which currently exists. Erosion control measures will consist of reinforced silt fencing around the headwall and base of the fill. Road bed material will consist of large gravel. The slopes of the berms of the road and fill that is extended a short distance will be fertilized and seeded as soon as slopes are brought to a final grade. As stated above, a series of pines and hardwoods will be planted on the berm and sideslope of the farm access. These trees will provide further site stabilization and will also provide a limited screen and noise barrier from the highway for the landowners. 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? El Payment to in-lieu fee program ? 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: 5. Complete if Using a Permittee Responsible Mitigation Plan Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. one I 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) n e 1 zo 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 8of11 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? <10 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project would be considered a low density project. Activities proposed will not result in the creation of greater than 24% impervious surface area across the project area. Runoff from the gravel farm access will be transported via a vegated swale constructed in accordance with the most recent version of the NCDENR BMP Manual. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? 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? Madison County ? 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 ? HQW 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 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 ? Yes ? No letter.) 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 2B .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. 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? USFWS and NC Natural Heritage Program (NCNHP) species listings for Madison County; NCNHP mapping tools 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? http://ocean.floridamarine.org/efh_coral/ims/viewer.htm, USFWS information for Madison County 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? SHPO Computer Mapping and Google Earth National Register layers (http://www.hpo.ncdcr.gov/digital/NCH PO_Digital_Start_Page. html#Survey_Databases) 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? On-line mapping at http://www.ncfioodmaps.com Carmen Horne-McIntyre Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page I I of 11 PCN Form - Version 1.3 December 10, 2008 Version S.O. No. Subject:. _Iw\pS?t.{rt - ApiSaN Cc?, Computed by • GL lw?"t °05Checked By 1 I I I c I s> v? Sheet No. of Drawing No. Date _ 6_1(?) v-- C"` ?I VI d j / j- I i 1 r r 4 O 7- ,S1 April 22, 2009 Ms. Liz Hair, Project Manager Asheville Regulatory Field Office U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Reference: Agent Authorization and Site Access Authorization Pre-Construction Notification Mr. and Mrs. David Thomas Property 5684 U.S. Highway 19E Mars Hill, Madison County, North Carolina Dear Ms. Hair: As the property owner, I am hereby authorizing you and/or other employees of the U.S. Army Corps of Engineers (USACE), Asheville Regulatory Field Office, to enter and inspect the above- referenced project site. I understand that this site inspection will further your agency's consideration in the issuance of a Nationwide #40 Permit for farm access improvements that will involve the crossing of surface waters protected under the USACE Section 404/401 Regulatory Program. Additionally, as the property owner, I hereby authorize Michael Baker Engineering, Inc. to act as my authorized agent regarding submittal of a formal request for a stream determination on my property. Please contact me if you need additional information. Sincerely, 4(agnlatur e ) (Print Name) (Date) 8Z11 ??- age) (Phone No.) (Address) .f yti? { J - ivy Little Ivy Creek Watershed I I "" HUC #06010105 Watershed Area: 46.39 Sq. ,, 4l ~ oj?o? I > r 34 e (} Approximate location of proposed farm access Approximate location of NCDOT Right-of-way J' 7" x ? 1 )? e 11 .1r LEGEND: Figure I USGS Topographic Map - Streams (Bald Creek Quadrangle) 'T'homas Property ,waker Farm Access Improvement Project 0 400 800 1,600 Madison County, NC Feet /44 Photo 6. Channel begins to display more defined features where Photo 7. Bank and sorting features. tree and bush are located in photo. Thomas Property: Farm Access Improvements Photo Log - Project Area Photo 1: View of project area from residence. Photo 3: Proposed location of new farm access. r? Mai, Photo 2: View of remaining tarm access. a • r t Photo 4. Overflow from landowner's reservoir upstream of project area. Photo 5. Channel conditions downstream of reservoir. Roughly 25 If of the channel in this location would be placed in a culvert. North Carolina Division of Water Quality Stream Identification Form. Version 3.1 -)ate: to ?°q Project: ll(,%o Latitude: Evaluator: c RAk Site: NOMAS Longitude: Total Points: IT Stream is at least intermittent i > 19 or perennial i >_ 30 114AV50r' Other County: ?? ?? e.g. Quad Name: 3p ClCGt:K A. Geomorphology Subtotal = Absent Weak Moderate Strong le. Continuous bed and bank 0 1 3 2. Sinuosity 1 2 3 3. In-channel structure: riffle-pool sequence dP 1 2 3 _ 4. Soil texture or stream substrate sorting 0 () 2 3 5. Active/relic flood lain 0 ® 2 3 6. Depositional bars or benches 1 2 3 7. Braided channel 1 2 3 8. Recent alluvial de its 1 2 3 9'. Natural levees 1 2 3 10. Headcuts 0 '__m 2 3 11. Grade controls 0.5 1 1.5 12. Natural valley or draina eway _ 0 0.5 41 1.5 13. Second or greater order channel on existine USGS or NRCS map or other documented evidence. No = 0 Yes !U 'Man-made ditches are not rated; see discussions in manual B. Hvdroloffv (Subtotal = 46 14. Groundwater flow/discharge 0 1 0 3 5. Water in channel and > 48 hrs since rain, or Water in channel -- dry or growing season 0 1 4- © _ 3 16. Leaf litter 1.5 1 0.5 _3 17. Sediment on plants or debris 0 1 1.5 18.Organic debris lines or piles (wrack lines 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No Yes = 1.5 C. Biology (Subtotal= 206. Fibrous roots in channel 3 1 0 216. Rooted plants in channel 3 2 t 0 22. Crayfish 0.5 1 1.5 23. Bivalves 1 2 3 24. Fish 0.5 1 1.5 25. Am hibians 0 1 1.5 26. Macrobenthos note diversity and abundance 0.5 1 1.5 27. Filamentous algae; eri h on 1 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 1.5 29 . Wetland plants in streambed FAC= . FACW=0.75 OBL=1.5 SAV= 2.0 Other = 0 Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants. Notes: (use back of form for additional notes) Sketch: 1L919PI Show PI&IIrt 'To VIC17- l?iYrd1rJ6 GNrutJ% S17e. 5b1vty T-- I1 vP Ixgvef rri CIIA00CL °'26-30' vF ()F3-Jt67 AftA CuPPeit eRa %Ses..Ajs ItkeS curia -[ErGti'[lGf e{.&jaeL ,1?04l3C101t *T?V,.pMf M,<K QE?LrI?GO kt.,,,gN9 G?-?td, 4 W0004Vf6(4 fnAw erJ VOO.$rlt ijt Ot GkAl North Carolina Division of Water Quality Stream Identification Form. Version 3.1 )ate: H/loloq Project: 116`t o Latitude: _F46 M d < Evaluator: NM J1Te: MADI oN U1 Longitude: Total Points: 26.5 Stream is at least intermittent i ? 19 or perennial i >_ 30 Other County: AMPISmJ a Quad Name: QA?d Giz1 J( A. Gcomor holo (Subtotal= ?s Absent Weak Moderate Strong 1'. Continuous bed and bank 0 1 ® 3 2. Sinuosity 0 (j7 2 3 3. In-channel structure: riffle-pool sequence 0 1 3 4. Soil texture or stream substrate sorting 0 2 3 5. Active/relic flood lain 0 1 3 6. Depositional bars or benches 8) 1 _ 2 3 7. Braided channel 1 2 3 8. Recent alluvial & posits 1 2 3 9". Natural levees 1 2 3 10. Headcuts 0 1 3 _ 11. Grade controls _ 0 0.5 1.5 12. Natural valley or drainagewa 0 0.5 1.5 13. Second or greater order channel on existin USGS or NRCS man or other documented evidence. No = 0 Yes 'Man-made ditches are not rated; see discussions in manual B Hydrology (Subtotal= 6 14. Groundwater flow/discharge 0 1 3 5. Water in channel and > 48. hrs since rain, or Water in channel -- dry or growing season 0 1 © 3 _ 16. Leaf litter 1.5 0.5 0 _ 17. Sediment on plants or debris 0 1 1.5 18.Organic debris lines or piles wrack lines 0 1 1.5 19. Hvdric soils (redoximoiphic features) present? No =6 Yes = 1.5 C Biology [Subtotal= 5 REcEd'[ $Orow A1/ Stto V&G 200. Fibrous roots in channel 3 0 21b. Rooted plants in channel 3 2 _ 0 22. Crayfish 0.5 1 1.5 23. Bivalves PrI` b 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0 1 1.5 26. Macrobenthos note diversity and abundance 0 0. 1 1.5 27. Filamentous algae; eri h on 1 2 3 28. Iron oxidizing bacteria/fun s. 0.5 1 1.5 290. Wetland plants in streambed FAC- . FACW=0.75 OBL=1.5 SAV= 2.0 Other = 0 0 Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants. Notes: (use back of form for additional notes) Sketch: REGENT crro'i N"a-) P121o1t '[^ VISIT-?kirJt?6 Dh(L.1?G SI'l? Sh?v?y Too?-s No-[ we/ yfrw D - 61rcP eHAtJtJC . S4Me 5,0%JI( IC <,nXTirJ6 1!?,k-i kJOLy foogil',OF-D W951MIe iE?? .,.,1A6E5 5M41 L WUMS M"20n Connp? WSIWAW ProtmWn Ordinance Dade of Form, Deoernbetr 16.1993 Watershed Protectios PoMit Application Application No. y_ Date Filed J N 01 bate Approved 4?S0-9 Applipnt _M ICFIAm:?"?,IrKr.R ?16i Mf &, IQ G UwrAw VAV 16 EL, sgr, zt,"AS Address cl. CAOA03 t6 it L - 0 t yi e: ?q1 +tAv.?rea RD. ? 17k1?E??l ftdfiVWA INK Zrry6 Telephone: (w) SO-- 3so. loot txr Sol a (M) -12-9, 390. 1y„q Surveyor Phone Property I.D. Number fbr all parcels 11-15-1-13- 6 Z117- Address .54 $'t 14.5• shift-wtr ?F I MAKs }", N G L&yS4 Telephone: (w) (h) z M 8 , 287a Famgrneer (if applicable) Phone Dead Book and Page Number(s) &.4 /G 9 H Tawro* Watershed Name Ll-sng Ivy, cgre:E !Y-ATE,AL14firk _ Acreage Gt•o-7 Critical Meal Yea 9 No Perenwal Stream on propwrty? Yes -- No Applyie? or IOVIO prgvWon Yes _& _ No Check all that apply: addition to an vds ft Wudm (, residential; _ eommerclel;. ref please explain) raw atntcture (_ residential; commercial; - manutl 4ured home - other -? addition to built-upon area (induding paved and gravel paridng and loadinz fMabbes, driveways, sidewdi mm and other area, that meet the definition in the Watershed Protection Ordinance). General description of work under this application: •Tw- &,rfe% &I ?ill: rao,*61 as Y, &W00% Ve ON PF A 9-Aja, &At 1490 ?j Tnt L4j0a.,,jti6l 'C. ilea.` cC U, t PAS'TM wt y Ti tt oit? 1?1 ?? ems.lk A *% WAD WAt fC?ter? Ou?crab -Tft Try P(?PaSED pM•ad?r wov, a rfOdkg -Tt% I. 4Dov WKS .,r'. K,yc+„hr TOO 4MVu Ry 13Nia.006 4 46Ae FiJ7 i'MV6L ILU" or.G I cartW that the deformation above is true and accurate, and 11 in compliance with the conditions for the develop- ment of tend as defined in the Watershed Protection Ordnance. --- g4Tfti(L w);,%" Nb DrAvuvA`(, C??aa ?'.?-?l?l??z,? 1?rio?l S? k't'i,4LpA,?,?T OwaWAuthorized Agent D ? A •A11oo• A AAAA U?e*?lAARtoAAAAl1ARt?AA Date R Avad/By: Date Permit IaauadMy: Datc Permit D%Wed/By: