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HomeMy WebLinkAbout20090667 Ver 1_Application_20090608I?l . t ?D STATE OF NORTH CAROLINA 009 40 DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR May 28, 2009 Mr. David Baker, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 .?y EUGENE A. CONTI, JR. SECRETARY 090667 Subject: GP 31 Bridge 47 on SR 1318, Grindstone Road, over Jonathan Creek Haywood County State Project No. No.14B.204414.3 (DWQ Minor Permit Fee $240.00) Dear Mr. Baker: The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge Number 47 on SR 1318, Grindstone Road, over Jonathans Creek in Haywood County. The existing bridge is a three span steel beam and timber abutment structure (120 ft.). The bridge needs to be replaced due to deterioration and insufficient width. f The proposed replacement will be a cored slab structure widened to 36 feet and lengthened to 135 feet overall with two 304oot spans and one 75-foot span. Both interior bents will be constructed near the water, but no in-stream work is expected. The bridge will be closed for the duration of the project because a short detour route exists. If needed, sandbag cofferdams will be used to maintain a clean, dry area for removal of the existing interior bents. Sheet piles may be used along the stream to prevent infiltration of water into the construction areas for the new bents. The North Carolina Natural Heritage Database was checked for records of threatened or endangered species. There are no records listed in the database for this site. Additionally, there are no records listed for Jonathans Creek downstream of the project site to the confluence of the Pigeon River or upstream for a distance of five miles. The impacts from construction of this spanning structure will be minimal. For these reasons, we believe there will be "°no effect" on threatened or endangered species. Bridge 47, Haywood County 2 May 28> 2009 Impacts to cultural or historical resources are not anticipated. The project will be replaced at the existing bridge location and the adjacent road. The area has been highly disturbed from the existing road and bridge structure. The best management practices will be used to minimize and control sedimentation and erosion on this project. The construction foreman will review all erosion control measures daily to ensure sedimentation and erosion controls are being effectively controlled. If the devices are not functioning as intended, they will be replaced immediately with better devices Impacts to Waters of the United States Jonathan Creek (C Tr.) is shown on the USGS topographic map as a perennial stream. The channel is approximately 45 feet in width. The stream has sufficient flow to support fish, including trout..'Jonath'ans Creek flows approximately six miles to the Pigeon River. The Pigeon River meets the definition of a Traditional Navigable Water. For these reasons, we believe Jonathans Creek is a Relatively Permanent Water and is under the jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States in the French Broad River Basin. Specifically, NCDOT is requesting to replace Haywood County Bridge 47 with a modem concrete structure. Listed below is a summary of the proposed impacts. Site No. Existing Condition Proposed Condition Net Station Impacts Site 1: East Interioi Bent Free Flowing Stream with 40-foot long x 4-foot wide sandba -- - - -.-- g 30-foot long wooden bent cofferdam to create dry work area 160 ftz to facilitate bent removal Site 2 West Interior Bent Free Flowing Stream with . 40-foot long x 4-foot wide sandbag 30-foot long wooden bent cofferdam to create dry work area 160 ft2 Site 3 East to facilitate bent removal. 40 feet of sheet pile installed to Bank Natural Streambank prevent infiltration of water into 40 new interior bent construction area Site 4 West 40 feet of sheet pile installed to Bank Natural Streambank prevent infiltration of water into 40 T_. new interior bent construction area uLai I emporary impacts for Dewatering 320 ft` Total Tem orarV Impact for Sheet Piles _ _ 80 if 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. Bridge 47, Haywood County May 28, 2009 r? Additionally, 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) 497- 7953. Your early review and consideration will be greatly appreciated. Sincerely, Chris Lee, P.E. Division 14 Bridge Maintenance Engineer cc: ? Mr. Brian Wrenn, DWQ, Raleigh (4 Copies) Mr. Mike Parker, DWQ, Asheville Regional Office Mr. Troy Wilson, Biologist USFWS Asheville Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT O20F VIATFgOG O r 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 ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 31 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. 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 le. 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 tf. 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 1h below. ? Yes N No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ®No 2. Project Information 2a. Name of project: Bridge 47 on SR 1318, Grindstone Road 2b. County: Haywood 2c. Nearest municipality / town: Maggie Valley 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: State Project No.14B.204414.3 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Bridge Maintenance Engineer 4b. Name: Chris D. Lee 4c. Business name (if applicable): North Carolina Department of Transportation 4d. Street address: 178 Henry Bird Rd. 4e. City, state, zip: Whittier, NC 28789 4f. Telephone no.: 828497-7953 x no.: 828-497-6095 ail address: cdlee@ncdot.gov r ent/Consultant Information (if applicable) me: N/A 5b. Business name applicable): N/A 5c. Street address: N/A 5d. City, state, zip: N/A 5e. Telephone no.: N/A 5f. Fax no.: N/A 59. Email address: N/A 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): N/A 1b. Site coordinates (in decimal degrees): Latitude: 35.5663 Longitude: --83.0227 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Jonathans Creek 2b. Water Quality Classification of nearest receiving water: Class C Tr 2c. River basin: French Broad River 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: Bridge 47 in Haywood County is a three span timber bridge that we are proposing to rebuild using new materials. The existing bridge will be removed and a 135 ft long concrete structure will be erected. The general land use in the area is residential and open farmland. 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: To replace an obsolete timber bridge with a wider bridge. 3e. Describe the overall project in detail, including the type of equipment to be used: The bridge will be closed for the duration of the project because a short detour route exists. The existing bridge will be removed using methods that will avoid the structure falling into the water. Tackhoe, trackhoe, crane, powertools, handtools, etc. will be used in the process of removal and construction of the new bridge. 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? ? Yes ®No ? Unknown Comments: N/A 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A Name (if known): N/A Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . N/A 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ®No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. N/A 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 a l ): pp y ? 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 ? PEI T N/A N/A ? Yes ? Corps N/A ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? PEI 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 N/A 21h. Comments: N/A 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3 b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - Permanent (P) or (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent (INT ) ? DWQ - non404, width (linear feet other) (feet) ) S1 ? P ®T Sandbag Cofferdam Jonathans Creek ® PER ? INT ® Corps ® DWQ 45 160 sq. ft. S2 ? P ®T Sandbag Cofferdam Jonathans Creek EI Z PER NT ® Corps ® DWQ 45 160 sq. ft. S3 ? POT Sheet Pile Jonathans Creek ® PER ? INT ® Corps ® DWQ 45 40 S4 ? P ®T Sheet Pile Jonathans Creek ® PER ? INT ® Corps ® DWQ 45 40 S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P El T ? PER El Corps ? INT ?DWQ 3h. Total stream and tributary impacts 0 3i. Comments: Total Temporary impacts are 320 sq ft for cofferdams and 80 linear feet fnr sheet nllpc Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e Zone Reason for impact Total impact Multiplier . Required mitigation (square feet) (square feet) Zone 1 N/A N/A 3 (2 for Catawba) N/A Zone 2 1.5 6f. Total buffer mitigation required: N/A 69. 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). , N/A 6h. Comments: N/A Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a . Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes ® No 1 b . If yes, then is a diffuse flow plan included? If no, explain why. Comments: N/A ? Yes ? No 2. Stormwater Management Plan 2a . What is the overall percent imperviousness of this project? N/A % 2b . Does this project require a Stormwater Management Plan? ? Yes ®No 2c . If this project DOES NOT require a Stormwater Management Plan, explain why: Project is Covered by Individual NPDES Permit NCS000250 2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: N/A ? 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 apply (check all that apply): ? USMP ? 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 4a. Which of the following state-implemented stormwater management programs apply ED HOW ? 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) la . Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ® Yes ? No 11b . 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)? 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: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500), 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): N/A 3 . Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ? Yes No 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. The only work being proposed is the replacement of an existing bridge structure. The road is not being upgraded; therefore, this project should not contribute to a change in development patterns. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a . Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The North Carolina Natural Heritage Database. 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? There are no marine or estuarine communities within the Blue Ridge Province 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? The project will replace an existing structure along the highly disturbed highway. The impacts to historical or archeological resources were considered during the planning process. 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: The impacts on the 100-year floodplain are being determined. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Chris D. Lee May 28, 2009 Applicant/Agent's Printed Name Applicant/Agent's Signature . Date (Agent's signature is valid only If an authorization letter from the applicant is rovided. Page 11 of 11 PCN Form -Version 1.3 December 10, 2008 Version d m N Im 0 S & IW N ? IN Im I?Q I kb ?q< 0 ° W Im ? KS N IV / N O g Y C I m Sy8 €N Im y c 3,? I'm g? IN p _ 1 ( m ?I Iva CO A 01 N ® ? W CID W l ? SEq to m m ? ? 8 C N ? 7 a I I Im $ I Ia ? m N I'w N I? ? Ig m Ii W m m I s` la m II N y '? ?N I? Oil Iti m I°' i In T ? ?, z z Haywood 47 pics LOOKING UPSTREAM FROM TOP OF E3ROGE. UPSTREAM LOOKING DOWNSTREAM FROM TOP OF BRIDGE.