HomeMy WebLinkAbout20160906 Ver 2_R-4753 Permit Renewal Cover and Green Sheet_20181204
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779
Telephone: (828)586-2141
Fax: (828)586-4043
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779
December 4, 2018
Ms. Crystal Amschler
U. S. Army Corps of Engineers
NCDOT Regulatory Project Manager
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: Nationwide 404 Permit and Section 401 Water Quality Certification
Renewal Application
Improvements to NC 107 from just north of SR 1002 to NC 281; Jackson
County; F.A. Project No. STP-107(10). TIP No. R-4753; $570.00 debit WBS
No. 46125.1.1.
Action ID SAW-2016-02128
DWR No. 2016-0906
Dear Ms. Amschler:
The North Carolina Department of Transportation (NCDOT) is requesting reauthorization for
unavoidable stream impacts, many of which have not been completed, for improvements to a
section of NC 107 in Jackson County, NC. The project involves roadway widening, drainage
improvements, and retaining wall construction along the Tuckaseegee river. The work will
require stream impacts to accommodate fill slopes, culvert extensions, and stream bank
stabilization or energy dissipator pads.
Project Status
This project began construction in early 2017, but the 404 and 401 permits expired before all
work could be completed. Table 1 below summarizes the progress to date and remaining work
necessary in waters of the United States, as permitted. In summary, the permanent impacts with
exception of culvert outlet stabilization at site 4 has been completed at sites 1,4,7, and 8. The
outlet at site 4 is currently not unstable and would be stabilized with rip rap, as needed, pending
permit reissuance.
The project is behind schedule due in large part due to contractor scheduling and project
management delays. However, the ability to complete the unavoidable stream impacts also has
been severely hampered by the need to maintain traffic and on-site detours on the high traffic-use
R-4753 Jackson County Page 2 December 4, 2018
primary route. Completion of all work in jurisdictional areas will take multiple construction
seasons. Moreover, the unanticipated need for a trout buffer variance and associated application
of the October 15 to April 15 trout buffer moratorium on much of the retaining wall construction
has further challenged the wall and roadway construction staging and sequencing.
Table 1. Status of work in permitted areas and on retaining walls, R-4753. Yellow
highlighted sites have all permanent impacts yet to be completed.
Section 7
Informal consultation for this project was undertaken with U.S. Fish and Wildlife Service. This
consultation resulted in several project commitments. The green sheet for the project (included in
R-4753 Jackson County Page 3 December 4, 2018
the 404 Verification) is attached to this letter and includes annotations noting each commitment
and the compliance actions taken by NCDOT to date.
Section 106
This project required preparation of an MOU due to impacts to historic properties. The MOU
included several project commitments. The green sheet for the project (included in the 404
Verification) is attached to this letter and includes annotations noting each commitment and the
compliance actions taken by NCDOT to date.
WRC Special Condition Compliance
The NC Wildlife Resources Commission provided comments on the permit application that were
included as special conditions in the permit. This consultation resulted in several project
commitments. The green sheet for the project (included in the 404 Verification) is attached to
this letter and includes annotations noting compliance by NCDOT to date.
Minor Changes to Impacts to Waters of the United States
During construction, some minor discrepancies became apparent between permitted impacts for
rip rap stabilization and/or energy dissipator pads and the drawings and/or details at three sites.
At sites 2,5, and 8, rip rap stabilization was not permitted, but it was shown in either plans or plan
details. Rip rap stabilization is needed at these locations. The requested impacts for these sites
total 80 linear feet of impact and are included as additional impact in the ePCN 3. Stream Impact
Table.
Compensatory Mitigation and Plan
Compensatory mitigation has already been provided for unavoidable permanent losses of stream
for this project. We recommend that the added rip rap stabilization impacts outline above, if
permitted, not mandate additional compensatory mitigation since they will not result in a loss of
stream channels and help maintain stream function.
Action Requested
NCDOT hereby requests reauthorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. NCDOT requests reauthorization for the project
under Section 401 of the Clean Water Act from the North Carolina Department of Environmental
Quality, Division of Water Resources (DWR).
Please contact me at (828) 586-2141 if you have any questions or need additional information to
evaluate this request. We greatly appreciate your consideration of these requests and express our
sincere regret for the project delays and oversights.
Sincerely,
Dave McHenry
Division 14 Environmental Officer
Attach: R-4753 “Green Sheet” with Dec 2018 updates to commitments
12/4/2018
R-4753 Jackson County Page 4 December 4, 2018
cc: Ms. Amy Chapman, Division of Water Resources, DEQ, Raleigh
Ms. Kristie Lynn Carpenter, Division of Water Resources, DEQ, Raleigh
Mr. Kevin Barnett, Division of Water Resources, DEQ, Asheville
Ms. Marella Buncick, Biologist, US Fish & Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Coordinator, NCWRC
Mr. Ted Adams, Division 14 Construction Engineer, NCDOT
R-4753 Permit Green Sheet Page 1 of 8
November 2016
PROJECT COMMITMENTS:
NC 107 Improvements
From Just North of SR 1002 to NC 281
Jackson County
Federal Project No. STP-107(10)
WBS ELEMENT 39999.1.1
TIP Project No. R-4753
COMMITMENTS FROM PROJECT DEVELOPMENT AND DESIGN
Roadway Design Unit
NCDOT will provide 6-ft paved shoulders to accommodate bicycle traffic along NC 107
at the request of Division 14 and citizens from the first Informational Workshop.
Six-foot paved shoulders are shown on project design plans.
All Design Groups, Division 14 and Roadside Environmental Unit
The NCDWQ and NCWRC have identified the Tuckasegee River and its associated
tributaries in the project study area as trout waters. The Tuckasegee River along with its
associated tributaries carries a Hatchery Supported Designated Public Mountain Trout
Waters designation and trout moratoriums prohibiting in-stream work and land
disturbances within the 25-foot trout buffer from October 15 to April 15 to protect the
egg and fry stages of trout. The sedimentation and erosion control measures shall adhere
to the Design Standards in Sensitive Watersheds.
The proposed moratorium and sedimentation and erosion control measures will be
implemented during project construction. Complied with. The use of temporary culverts
to remain in place over winter for temporary detours at impact sites 3-8 was verbally
coordinated on August 8, 2017 with Marla Chambers with NC Wildlife Resources
Commission, Kevin Barnett with DEQ DWR, and Lori Beckwith USACE. The moratorium
has also applied to include disturbance of all areas within 25’ of the stream, including the
Tuckaseegee River, under trout buffer zone variance obtained from DEQ, Land Quality.
Natural Environment Section and Division 14 Construction
Construction authorization will not be requested until ESA compliance is satisfied for the
Northern Long-eared Bat (NLEB)
NCDOT has reviewed the project area and determined the proposed project is consistent
with the final Section 4(d) rule for NLEB, effective February 16, 2016, and does not
require separate consultation. NCDOT has fulfilled its responsibilities regarding NLEB
under Section 7 of the Endangered Species Act.
Hydraulics Unit, Roadside Environmental Unit and Division 14 Construction
Due to the close proximity of this project to the Tuckasegee River and critical habitat for
the federally-protected Appalachian elktoe, the following commitments will be
implemented:
1. Special provisions for erosion control shall apply to this project during
construction. These include, but are not limited to, a 10 acre maximum
R-4753 Permit Green Sheet Page 2 of 8
November 2016
disturbed area limit, 25-year storm design capacity for controls, and
incorporation of polyacrylamide flocculent with check dams and other
structures.regard to applicability of NCDOT’s Memorandum of Agreement, or approval
of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map
Revision (LOMR)
2. To minimize times to final grade/ground cover reestablishment and ensure
adherence with NCG-010000 General Construction Permit, a vegetation
management plan will be provided by the contractor that will include
procedures and a schedule of project area disturbance (including any
issues caused by utility relocations). The plan will be reviewed regularly
with the Resident Engineer and Area Roadside Engineer.
3. There will be a limit of two retaining walls under construction at any time.
If construction delays are encountered, matting, fabric, or other nonvegetative
ground covers will be used around disturbed wall construction
areas that are near to the river.
4. There will be coordination requested with Duke Energy regarding major
release events.
5. In addition to reforestation (outside of mowing patterns) of existing
riparian areas that are cleared, reforestation of drainage easements will
also be pursued with landowners.
6. Roadway storm drainage from approximately Stations 125+62 to 137+40
will be evaluated during construction to determine if an additional outlet
is possible to reduce the concentrated drainage at the single outlet shown
near Station 137+40.
7. The five-foot x ten-foot RCBC proposed in John Brown Branch will be
evaluated for placement with its invert at stream grade rather than
recessed due to recent issues encountered with some RCBC’s in steep
gradient cobble-bed streams. Please see Commitments from Permitting
Project Development and Environmental Analysis Unit
As required by conditions to satisfy de minimis, NCDOT/PDEA will hold another
Citizens Informational Workshop where the public will be given the opportunity to
review and comment on the future effects this project will have on the activities, features,
and attributes of the East LaPorte River Access Area.
NCDOT/PDEA held a second Citizens Informational Workshop on March 15, 2012 to
inform the public of the future effects this project will have on the East LaPorte River
Access Area, and the public was given the opportunity to comment. No comments have
NCDOT PDEA/ FHWA
FHWA will be formally consulted by NCDOT, in the form of a Right of Way
consultation, to conclude Section 4(f) compliance prior to commencing R/W acquisition
R-4753 Permit Green Sheet Page 3 of 8
November 2016
for the project, regardless of the time elapsed from the approval of the CE to the pursuit
of acquiring R/W for the project.
A Right of Way consultation was completed, in coordination with FHWA, in September
2014.
Division 14/ Right of Way/ Construction
Concerning the East LaPorte River Access Area, NCDOT will maintain the entrance to
the park during construction and continuous public access will be maintained during the
normal park operating hours throughout the duration of the transportation project.
NCDOT will compensate the property owner for the removal, relocation and replacement
(if damaged) of the fencing located within the temporary construction easement once all
construction operations have been completed in this area.
Access to the park will be maintained during construction and the property owner will be
compensated for removal, relocation or replacement of the fencing within the temporary
construction easement following completion of construction.
Access has been maintained during construction and the fence has not been damaged.
Geotechnical Unit
NCDOT will conduct further studies if the proposed project impacts Underground
Storage Tanks (UST).
Site assessments were conducted for the project prior to right of way acquisition.
PDEA, Historic Architecture Division 14 Construction and Roadside Environmental
Unit
The Federal Highway Administration along with NC-HPO and NCDOT determined that
the proposed alternatives would have an Adverse Effect on the Dr. John R. Brinkley
House (JK 394).
NCDOT will publish a Notice of Adverse Effects to identify interested parties and garner
feedback from the public. A Memorandum of Agreement (MOA) will be pursued with
NC-HPO, FHWA, and other concurring parties such as TVA, as appropriate.
A Memorandum of Agreement (MOA) was developed in consultation with the North
Carolina State Historic Preservation Office (SHPO) and the other consulting parties. It
was signed in January 2016. The FHWA and NCDOT will ensure that the following
measures are carried out:
1. Documentation of the Dr. John R. Brinkley House (JK0394)
Prior to the initiation of construction, NCDOT will photographically record the
existing condition of the Dr. John R. Brinkley House, its associated outbuildings
and its surroundings in accordance with the Historic Structures and Landscape
Plan. Copies of the documentation will be deposited in the files of the State
Historic Preservation Office and the NCDOT Historic Architecture Section.
Documentation has been prepared and will be submitted in 2019.
2. Access to the Dr. John R. Brinkley House
NCDOT shall provide the Owners of the Dr. John R. Brinkley House vehicular
R-4753 Permit Green Sheet Page 4 of 8
November 2016
access to their property during construction. Complied with.
3. Staging Areas near the Dr. John R. Brinkley House
NCDOT shall restrict staging areas for storage of construction materials and
equipment within the boundary of the Dr. John R. Brinkley House and ensure that
in those areas there is no impact to historic structures, particularly the rock
retaining wall. Complied with.
4. Landscape Replacement for the Dr. John R. Brinkley House
Within the historic boundary, NCDOT will replace ornamental plantings removed
for construction of the temporary alignment. Replacement plantings will be
placed in accordance with NCDOT’s Guidelines for Planting within Highway
Right-of-Way. Preliminary Post-Construction Landscape Design plans will be
provided to SHPO and the Owners for their review and comment. All new plant
materials will be warranted for two growing seasons and replaced by NCDOT, if
they fail within that time period. No impacts have occurred to date.
5. Fencing around the Dr. John R. Brinkley House
The rock retaining wall along the front of the Dr. John R. Brinkley House is a
contributing recourse to the historic significance of the property. Temporary
orange fencing will be erected along base of rock wall during construction to
protect it from damage. Complied with.
6. Treatment of Guardrail Around Stone Wall
Permanent guardrail will be placed in front of the stone retaining wall in front of
the Dr. John R. Brinkley House. Guardrail on both sides of NC 107 shall be
weathered rather than plain galvanized. In the event of replacement(s),
weathered guardrail shall be used. The end treatment of the guardrails shall be
square deflectors. The face of the guardrail shall be no closer than 6.5 feet to the
rock wall on the house side of the road. The back of the posts shall be than 5 feet
from the rock wall. The construction plans will be clearly marked to show the
above restrictions. Not yet installed. Guardrail subcontractors will be installing this
guardrail and bulk of remaining guardrail nearer to project completion.
7. Treatment of Railing on top of Retaining Wall across NC 107 from the Dr.
John R. Brinkley House
The retaining wall on the opposite side of the road from the Dr. John R. Brinkley
House will be topped with weathered guardrail only. There will be no concrete
barrier. In the event of replacement(s), weathered guardrail shall be used. Not yet
installed. Guardrail subcontractors will be installing this guardrail and bulk of
remaining guardrail nearer to project completion.
Roadway Design, PDEA, Archaeological Group
A set of right-of-way plans will be submitted to the NCDOT Archaeology Group to
review the proposed construction activities and possible effects on archaeological sites
31JK164 and 31JK487.
R-4753 Permit Green Sheet Page 5 of 8
November 2016
Avoidance of Sites 31JK164 and 31JK487 has been recommended; however, if
avoidance is not possible, the NCDOT, or a consultant of our choice, may conduct Data
Recovery investigations once Right-of-Way (ROW) is acquired and prior to construction
activities. No construction activities will occur within the site(s) boundaries until the
field investigations are complete. Should Data Recovery efforts become necessary, they
will be facilitated by the drafting of a Memorandum of Agreement (MOA), as well as
site-specific Data Recovery Plans (DRP), in consultation with North Carolina State
Historic Preservation Office (NC-HPO), FHWA, and other Federal entities such as the
Eastern Band of Cherokee Indians Tribal Historic Preservation Office (EBCI THPO), and
Tennessee Valley Authority (TVA), as appropriate.
A copy of the environmental planning document was submitted to the Eastern Band of
Cherokee Indians Tribal Historic Preservation Office (EBCI THPO).
Impacts to Sites 31JK164 and 31JK487 could not be avoided. A Notification of Adverse
Effects was issued in 2012. A Memorandum of Agreement (MOA), signed in January
2016, and site-specific data recovery plans were developed in consultation with the North
Carolina State Historic Preservation Office, Federal Highway Administration, the
Eastern Band of the Cherokee Indians, the United Keetowah Band of Cherokee Indians,
the Cherokee Nation of Oklahoma, Mr. Thomas Beutell (property owner) and other
consulting parties. Data recovery efforts at both Sites 31JK164 and 31JK487 are
currently underway. On-site consultation regarding the discovery of human remains will
take place with all appropriate parties. Complied with. In part, remains still on site
were covered with steel grate/s prior to replacement of soil covering to warn of location.
Roadside Environmental Unit and Construction Unit
This project is upstream of both the Western Carolina University and Tuckasegee Water
Plant intakes. The sedimentation and erosion control measures shall adhere to the Design
Standards in Sensitive Watersheds.
This commitment will be implemented during project construction. Measures have been
implemented and maintained.
Hydraulics Unit
The Hydraulics Unit will coordinate with FPM (Floodplain Mapping Program), the
delegated state agency for administering FEMA’s National Flood Insurance Program, to
determine the status of the project with regard to applicability of NCDOT’s
Memorandum of Agreement with FPM, or approval of a Conditional Letter of Map
Revision (CLOMR) and subsequent final Letter of Map Revision (LOMR).
Division 14
This project involves construction activities on or adjacent to FEMA-regulated streams
(fill in the floodway). Therefore, the Division shall submit sealed as-built construction
plans to the Hydraulics Unit upon completion of project construction, certifying that the
drainage structures and roadway embankment that are located within the 100-year
floodplain were built as shown in the construction plans, both horizontally and vertically.
This commitment will be implemented following completion of project construction. Will
be completed following construction.
R-4753 Permit Green Sheet Page 6 of 8
November 2016
Structure Design– TVA Permit
The proposed project is located in the Tennessee Valley Authority’s (TVA) Land
Management District. Any new stream crossings would likely require approval under
Section 26a of the TVA Act. TVA shall be included as a cooperating agency if the
project involves any work in streams.
This commitment will be implemented, as appropriate. Not required by TVA.
COMMITMENTS FROM PERMITTING
Division 14 Construction/Natural Environmental Section
Project specific conditions from the 404 Permit issued October 31, 2016:
1) All conditions (identified by numbers 1-12) supplied by the North Carolina Wildlife
Resource Commission within the attached letter (attached in 404 permit) dated October 25,
2016, are hereby incorporated as conditions of this permit.
Complied with. The use of temporary culverts to remain in place over winter for temporary
detours at impact sites 3-8 was verbally coordinated on August 8, 2017 with Marla
Chambers with NC Wildlife Resources Commission, Kevin Barnett with DEQ DWR, and
Lori Beckwith USACE. The moratorium has also applied to include disturbance of all
areas within 25’ of the stream, including the Tuckaseegee River, under trout buffer zone
variance obtained from DEQ, Land Quality.
2) The permittee shall fully implement the Memorandum of Agreement between the
Permittee, the North Carolina State Preservation Officer, the Eastern Band of Cherokee
Indians, and the Federal Highway Administration which is incorporated herein by
reference (attached in 404 permit). See preceding.
3) In order to compensate for impacts associated with this permit, mitigation shalle be
provided in accordance with the provisions outlined in the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this
form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization. Done
4) All conditions supplied by the United States Fish and Wildlife Service within the
attached letter dated October 28, 2016, are hereby incorporated as conditions of this permit.
1. A Service representative to will be notified of the pre-construction meeting for
this project. Service was notified but could not attend due to short notice. Dave
McHenry, Division 14 DEO, covered the permit requirements in the
preconstruction meeting.
2. Special provisions for erosion control shall apply to this project during
construction. These include, but are not limited to, a 10 acre maximum
disturbed area limit, 25-year storm design capacity for controls, and
R-4753 Permit Green Sheet Page 7 of 8
November 2016
incorporation of polyacrylamide flocculent with check dams and other
structures. Complied with.
3. The Service will be notified if there is a large rain event that causes erosion-
control devices to fail. An erosion control failure was documented and
coordinated with USFWS representative Marella Buncick and DEQ, DWR
representative Kevin Barnett on October 9, 2017. Minor loss of sediment to
tributary to the Tuckaseegee River was subsequently removed manually. The
contractor also was shut-down earlier on July 20, 2017 when there was a minor
loss of sediment from incorrect temporary pipe placement. That sediment was
removed from the stream.
4. To minimize times to final grade/ground cover reestablishment and ensure
adherence with NCG-010000 General Construction Permit, a vegetation
management plan will be provided by the contractor that will include
procedures and a schedule of project area disturbance. The plan will include
clearing associated with utility relocations. The plan will be reviewed
regularly with the Resident Engineer and Area Roadside Engineer. Plan was
prepared and submitted to Marella Buncick with USFWS on May 4, 2017 and
is currently being revised to reflect construction sequence changes in
coordination with project managers.
5. There will be a limit of 2 retaining walls under construction at any time. If
construction delays are encountered, matting, fabric, or other non-vegetative
ground covers will be used around disturbed wall construction areas that are
near to the river. Complied with. Coordination was undertaken with Marella
Buncick on August 10, 2018 and verification received that non-ground
disturbing activity (in reference to wall 7 cap pouring and sheet pipe driving)
could continue with ground disturbing work on two other walls..
6. Coordination with Duke Energy regarding major release events will be
requested. Done
7. In addition to reforestation (outside of mowing patterns) of existing riparian
areas that are cleared, reforestation of drainage easements will also be pursued
with landowners. Several drainage easements, including relatively large
areas downstream of Impact Sites 1, 7 and 8 will be reforested in winter 2018
or fall 2019 following construction disturbances.
8. Roadway storm drainage from approximately 125+62 to 137+40 will be
evaluated during construction to determine if an additional outlet is possible to
reduce the concentrated drainage at the single outlet shown near 137+40. This
possibility has been discussed with Marella Buncick (on-site in 2017) and is
being further evaluated but may not be possible due to wall conflicts. Further
evaluation in ongoing. This roadway section has not been worked on yet.
9. The 5 x 10 RCBC proposed in John Brown Branch will be evaluated for
placement with its invert at stream grade rather than recessed due to recent
issues encountered with some RCBCs in steep gradient cobble-bed streams.
R-4753 Permit Green Sheet Page 8 of 8
November 2016
After additional coordination with Ms. Buncick, this RCBC was placed with
bottom at 1’ recess below stream grade in accordance with Regional NWP
Conditions. It is currently holding bedload and performing well thus far,
likely due to the relatively coarse bedload size.