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HomeMy WebLinkAbout20040377 Ver 1_COMPLETE FILE_200403104- ?Dc,j Q o4lo 3'? 7 ® North CarolinaWildhfe Resources Commission Charles R. Fullwood, Executive Director TO: FROM: DATE: Amanda Jones, USACOE Asheville Regulatory Field Office Ron Linville, Regional Coordinator Habitat Conservation Program March 9, 2004 MAR 2 5 2004 Original Signed by J. R. Linville SUBJECT: Tennessee Valley Authority (TVA), Elk Park Bridge Replacement, Little Elk Creek, Avery County Mr. Joel Stansberry with TVA proposes to replace a dilapidated bridge on Little Elk Creek. 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 will install a dual barrel culvert crossing. The base flow barrel (60") will be installed with an elevated stormwater barrel (48") for a gravel road crossing of Little Elk Creek. Linear impacts will be twenty (20) feet of stream. No miscellaneous riprap impacts are indicated. Temporary dewatering is not indicated. Little Elk Creek supports wild populations of rainbow and brown trout. While our preference would be to replace the bridge with another spanning structure, we will not object to the use of the culvert as described in the submittal provided the following conditions are implemented: 1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout. 2. Work should be accomplished in a manner that separates flowing waters from stream disturbances. A clean water diversion should be provided so that construction activities will be accomplished in the dry using piping, plastic Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 0- TVA-Pritchard Crossing, 2 March 9, 2004 Little Elk Creek lined diversions, or sandbags and pumping. This may require an additional Corps of Engineers permit. 3. The bottom base flow barrel should be placed in the natural thalweg channel. 4. Culverts 48" or larger should be buried a foot (12") into the streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. All waters must flow through without freefalling or damming on either end during low flow conditions to maintain aquatic life and/or fish passage. Any riprap used must not interfere with aquatic life movement during low flows. However, if bedrock prevents proper burial, the bridge structure should be replaced with another spanning structure. 5. The dimension, pattern, and profile of the stream above and below the base flow barrel should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 7. 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. 8. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. As appropriate, sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (15A NCAC 4B .0024). 9. Temporary or permanent herbaceous vegetation should be planted 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. We encourage the use of natural onsite vegetation and materials for streambank 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. Cc: Kevin Barnett, DWQ - ARO Marella Buncick, USFWS Becky Fox, EPA Certificate of Completion DWQ Project No.: y 4 - lETLA?US 14 1 Gr.? .s County: P.?A E Applicant: TEa?ESSEE 4P*LLE? A%-xr a,y---tT l MAY 2004 WATER QUALITY SEC?"G Project Name: t?\4- P&V. \6: Z AIDGE P.EPLAC-F-mEAr Date of Issuance of 401 Water Quality Certification: APR-\ L. 21 , ?.o64 Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, -r?L J AoEL p_. STA dc& ?Er Xt J , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Date: Signature: A-- A- A S /I i5?5? U Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: WATFRQ 7 April 21, 2004 DWQ# 04-0377 Avery County Mr. Joel Stansberry Tennessee Valley Authority 4125 Greenway Drive, GRN ID-K Knoxville, TN, 37918 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Stansberry: You have our approval, in accordance with the attached conditions, to place fill in 20 linear feet of perennial streams in order to construct the Elk Park Bridge Replacement in Avery County, as described in your application received by the Division of Water Quality on March 10, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to.use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland and/or stream fills for this project (now or in the future) exceed one acre or 150 linear feet of perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetiands) Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Mr. Joel Stansberry April 21, 2004 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. There shall be no direct discharge of collected stormwater over open waters of Little Elk Creek. All concentrated stormwater flows are to be discharged through a vegetated buffer via diffuse flow. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, Mail Service Center 6714, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the DWQ's Asheville Regional Office at 828-296-4500 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, ?t Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Kevin Barnett, Asheville DWQ Regional Office Central Files File Copy 040377 MEMORANDUM TO: John Dorney Regional Contact: Barnett, Kevin Non-Discharge Branch WO Supervisor: Forrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS 'Facility Name Elk Park Bridge Replacement (TVA) County Avery Project Number 04 0377 County2 Recvd From APP Region Asheville Received Date 3/10/04 Recvd By Region Project Type bridge replacement Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 12 Stream O Y O N ? 8-22-17 ? TR 40,201. ? 20.OU 20.00 I - Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y Q N Have Project Changes/Conditions Been Discussed With Applicant? O Y * N Is Mitigation required? O Y O N Recommendation: O Issue Q Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue as reuested with following: No direct discharge of collected stormwater. All concentrated stormwater flows are to be discharged through a vegetated buffer via diffuse flow, cc: Regional Office Central Office Page Number 1 Triage Check List Date: 3-1 Project Name: Owe i:'kWnbGV= DWQ#: o%4 - 0377 County: A"&+M To: [a] ARO Mike Parker ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Steve Mitchell From: ,ta ?4 (;ndi /e • Telephone : (919) '13.7-1706 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. iA-Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: A4 til oni4;A4 oetA? L v.3&yA'%g_r. -6 7 t NA Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1401 March 5, 2004 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 To Whom It May Concern: 71,71 Please find the attached PCN Application Form and associated fee, regarding the placement of culverts in the Little Elk Creek. I have also forwarded a copy to NCWRC for comment since the project is located in Avery County and one copy is also being sent to the USACE. I appreciate you assistance in prior conversations regarding this project. Again, the application concerns a bridge which was damaged in the heavy rains of November. This bridge provides access to a transmission line switching structure, which serves to redirect power in the event of emergency or scheduled outages. Feel free to call me at 865-673-2292 if you should have any questions. Sincerely, Joel R. Stansberry Environmental/ Easement Technician, East Area Attachment IN"E T L A N!?} )S / 011 GR0U1 P MAR 1 0 2004 J 1 "y Printed on recycled paper Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Joel Stansberry (Employee of Tennessee Valley Authority) Mailing Address: 4125 Greenway Drive, GRN 1 D-K Knoxville TN 37918 Telephone Number: 865-673-2292 Fax Number: 865-673-2210 E-mail Address: irstansberry2tva.gov 2. Agent/Consultant Information (A signed and dated copy of the . Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applOTTtANDS ( 401 GROUP Name: Company Affiliation: MAR f 0 2004 Mailing Address: I !- l4opi a SL Telephone Number: Fax Number: E-mail Address: Page 5 of 5 I 1 1 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Elk Park Bridge Replacement 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Avery Nearest Town: Elk Park Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Elk Park, NC go West on Hwy 19E. Turn Right onto Little Elk Rd (SR 1173). Turn Left on Old Mill Rd (SR 1303). Then Right on Elk River Road (SR 1305) The bridge is approximately 1 mile on left. 5. Site coordinates, if available (UTM or Lat/Long): N36.1693/ W81.9714 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake): Little Elk Creek 8. River Basin: Watauga (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mal2s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The North side of Little Elk Creek is a residence (Mr. Harold Pritchard). The South side of the creek is consists of a barn & garden area. Several bridges and culverts exist up and downstream from the project site. See Appendix A Page 6 of 12 ? s 1 i 10. Describe the overall project in detail, including the type of equipment to be used: The damaeed bridle will be removed by an excavator. One 60", low-flow tile will be installed and secured with rip-rap. A second 48" perched tile will be installed to handle increased flow due to rain or snow melt. A coarse aggregate will be used to create a driving surface for TVA as well as personal vehicles. 11. Explain the purpose of the proposed work: To provide reliable access to TVA Beech Mountain switching structure, as well as Mr. Pritchard and other residences which utilize the access road. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. ACTION ID: 199503192 Submitted: Apri128, 1995 Issued: June 20, 1995 See Appendix B V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project.. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 r t 1. Provide a written description of the proposed impacts: Culverts will be installed in the Little Elk Creek. There are existing culverts immediately up and downstream from the subject site. The upstream culvert is for residential access and the downstream culvert is where State Route 1305 crosses the creek. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (please seci ) 1 Culvert 20 Little Elk Creek 14 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usQs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 20 Page 8 of 8 i 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name Wat) (if applicable) Type of Waterbody (lake, pond, estuary, sound bay, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicabje, discuss construction techniques to be followed during construction to reduce impacts. See Appendix C (including CEC review) VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htti)://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A (Less than 1 Acre) 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at httv://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on' page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SERA final approval letter. Yes ® No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Lone Z extends an additional 20 feet from the edge of Zone 1. Page 11 of I 1 1 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. -N/A- XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. No new impervious management XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No Waste Water XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signatdr-e bate Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Vicinity Map L`?• ?? ?titi - ! > + t 'I - * o ?-•-, ``+? ?r"L.+' J' ? S "r ?' I ' i;l 'r' I ?'f? n t; V+dh1?? ,t}7? (l ? I ? ? ?_ ` ' ? ? P , ' ? ? ? ? ? ?'IIi _. i. _ r. I ?x °. - t ± 11'?? , ti,!/,-• !..' s r ? it 06 } // I a• i ,1r -/ mss' _ ) ,t s I? ...r Ali J'/ F``' f14 G7? `~? • a ' iJ I,? ••'.r I ??•C fI r I .J }-, jjV ° F f O 1 i ? '.ter _ `• ?_?l ,? t? 4 / I f ? .: • _ w • ,,r' - _ _? - 1 r/. ' i ` ? ?r.? ??"`•?,. ~- -.. ... ? 11.1, S 1 { _ -. •i r ,I I ?1 ?? , 4 li /ti r ~?? /°?°"^+ ?•_.J..r7+?.•4V r, A Al !? • - R ° ?? Vii- ? ' ? ' * ° - y to l ° j r'?''?` '' ° J? ? -1' ? . ? ?' I ' - ?1.r? ??-- -"•ti.?? '' ! • „i • ?? *?? L:FIk Pa BYf1 f ' - ? r..Yr? *?i?ji 4'Sp ?.?:???{`?'?.° • -¦.. - •?? ? _ lam' - .. ?-V? .. ,- TVA 489H (EN DES-2-78) TENNESSEE VALLEY AUTHORITY SUBJECT_FJEEC4 ITC S?.IIT?? STS\IG-r")W -jF i4G!_ESS PROJECT DATE COMPUTED BY ti-- -v ?r 00 Z rn m 74 id 0 a 01 L/N m m 0 m W CHECKED BY SHEET L OF 2 DATE r Q o ? v ? a , :p 7- - - o p Q ) ??? I° c (j) , ;V-n l z ?P3 n, fix N 74 r ?o ?o m? 3 r v ? UN kp 0 r -? dory ?i° TVA 489H (EN DES-2-78) TENNESSEE VALLEY AUTHORITY SHEET OF Z SUBJECT -EE.ECI, "TA- S1 \TLkA S? -QCTUIZE A?ES.S PROJECT COMPUTED BY DATE CHECKED BY DATE A" V' A -4 o 73 N 7Q M ?m r d m m U) a r ? N IF t- c L r !?1 7 r ? r n P ? ? °yr rn 1? ? P r? p, ? d ? m r r tl r r ? 7- - rn Q L C n F d f m y ?- y ? C t d t-? V1 ?n _7`1 I I I III-III I I I- III=III _- (l I `III^ \ i i ?=III ooa??o =III ?QO??© app I II 0? r b?` - ?„ - v IIl r- c. ---7, DID =11 ??o a 111 , ° °o`?°Q t mmID3 lil J ?r III-) Il ? Ii1=11 I II ?? 111 \ O ? D ? b y' m ?Y Damaged Bridge Damaged Bridge (Looking North) Damaged Bridge (Looking Upstream) Damaged Bridge (Looking Downstream) Conditions Upstream of the Damaged Bridge 60" Culvert (150 Yards Upstream) Double Barrel Culverts where SR 1305 crosses Little Elk Creek (40 Yards Downstream) i -` April 28, 1995 Mr. Steve Chapin , U.S. Army Corps of Engineers 151 Patton Avenue, Room 143 Ashville, North Carolina 28801-5006 Dear Mr. Chapin: Enclosed is the completed application for the proposed work on the Little Elk Creek in Elk Park, North Carolina. Thank you for your assistance in this matter. If you have any questions, please contact me at (615) 434-8725. Sin cerely,` '?f " , J - q Dan E. Widener Program Administrator Right-of-Way Johnson City Customer Service Center DEW:PFJ Enclosure 1387F .1 ' I DE dnd;ce ACTION ID: NatPermit Requested (Provide Nationwide Permit #): F JOINT FORM FOR Nationwide permits that require notification to the CZrp -of- , eers '"-wilip nPrmits that require application for Section- catiori" PLEASE PRINT. ?l. Owners Name: ?2. Owners Address ?3. Owners Phone Number (Home):(7o `f) 733 - ?50Y (Work): ?4. If Applicable: Agent's name or responsible corporate official, address, phone number. o,-r, WJ Ae.1n e.r -?,Y'o %,p g-,VN Aay? , k 7-VA 46 >S? 43Y-$7?2 S C_, ?-?, ?'? X760 C 5. Location of work (MUST ATTACH MAP). County: ?YE Y' y Nearest Town or City: 6?/k ?ark , IV c- Specific Location (Include road numbers, landmarks, ? v e- --f- 'R ?6. Name of Closest Stream/River.. 451 r 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO [ ] ? 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 94- If yes, explain. A04- -An t "Y k,n0 w\ Q e ? 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: 0 Ac7- S Total Impacted: . 0 ?G rC S ,,Pe r yc be hand. din -; . -t - - 12. Description of proposed work (Attach PLANS-8 1[2"X11" drawings only): 1.otvue r G-+s t, c. et?? r w? o ?/ I G O s t r o e., k r ?OLJ e, -r e, . 15FS'Z 145-rc, '-r-I 'Pa--I- SPoC\?\? S -.3. Purpose of proposed work: lo e l e'Y i 4 ?' e? 0 3S b l c ow, ?a b V ?p -t ?' -?'o'? o C' ?"?i ?o?wtiQO? v v.. -Caul: V1:5 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. ' 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed orproposed for listing endangered orthmatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ J NO [ J RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ J RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands. streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required'ror this project, attach copy. E. What is land use of surrounding property? F. If applicable, what is proposed method of sewage disposal? ' 4 C *,_2 Owner's Signature o K AUTHORIZED AGEN7 Date v c, y cr off' 0 'F r P/? O vt+?/ s 4 Y. .46 a4,ol e- TVA 469H (EN DES-2-78) SUBJECT ( COMPUTED BY 1aOSC ILw10 V ttY`O c? t?Q aw;t 5 A,*.lKtA o,? (Y elc Noaonk. ?. This w4s-A-ln e d? d a ? ?Q.,.?..F 1 a o kl G?'C-f? Ck 1. ?5 Lip -Pre- bl- ;ac0e. r o ma -r c rho r! 5'7 1 TENNESSEE VALLEY AUTHORITY SHEET OF PROJECT DATE CHECKED BY DATE 0 Na use D i00 Ib iog loap S7 ?o b0 ob f p 1b0 l 17 cre tic b ed ? T 10fi )D `?? C cc\c*t. 2 C,rc ?ZZ 14??16' Uai d? ?- O Creek FkOL S -rk q?-\GAfc-ky)c6't 5 Al 1-v /O ELIZABETHTON 23 Ml. ?? ?? •O ROAN MOUNTAIN 4.5 MI. MM ?` ? _ 1\ ? ? •? • /\ (--\"ice/\[\[r ?--'-- j% O r ! $ ` 7J? 1?,1\` • , tip" ? ?_4 • ((C/J`( / ??v Q• 11 y',• ?4 V Q ? ?r N -yam f. ? , i ? i= \ 4!- is 1 C d.. 11 r ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program ?h ST ,, ??r. DATE: May 17, 1995 i V - .. ?.' Y ..a.S ?.. c W ?" i....?.% b 4 .7 ? 1..c s ..?ti .6?.'a .. a :.% 4 SUBJECT: Review of an application by Mr. Harold Pritchard to remove a cobble bar under a private bridge in Little Elk Creek, Avery County. ( Mr. Harold Pritchard is requesting a letter of concurrence from the North Carolina ?"" Wildlife Resources Commission (NCWRC) to obtain a 404 ermit from the U.S. Arm Co s f p y rp o Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to remove cobble in Little Elk Creek beneath a private bridge to a depth of 1-1.5 feet. Flooding in January deposited this material here, and the applicant wants to remove this material before high flows cause property damage. The applicant-will be working in an area approximately 57 feet upstream of the bridge to 40 feet below the bridge. Little Elk Creek is a tributary of the Elk River, which is Designated Public Mountain Trout Water. The NCWRC does not object to the issuance of this permit, provided the following conditions _are met: 1) 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. 2) The average width of the stream in the project area should equal the average width of the stream upstream and downstream of the area being restored. ' Mr. Harold Pritchard Page 2 May 17, 1995 • 3) Work should be done in the dry if possible to minimize sedimentation downstream. t._ 4) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Mr. Chris Goudreau, District 8 Fisheries Biologist i M Harold Pritchard, applicant % C U (" DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS 5U. P.O. BOX 1890 .,.. ?.. WILMINGTON, NORTH CAROLINA 28402-1890-•¦¦ REPLY TO ATTENTION OF June 20, 1995 Regulatory Branch Action ID No. 199503192 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Harold Pritchard Route 1, Box 36 Elk Park, North Carolina 28622 Dear Mr. Pritchard: . Reference your April 28, 1995 application, submitted on your behalf by Dan E. Widener of the Tennessee Valley Authority, for Department of the Army (DA).authorization to excavate approximately 105 cubic yards of cobble out of Little Elk Creek on your property in Elk Park, Avery County, North Carolina. You are proposing to remove cobble in Little Elk Creek beneath and around adjacent to a private bridge to a depth of 1.0-1.5 feet. Flooding in January had deposited rock material at the bridge and you want to remove the material before additional high flows occur and cause property damage. The work area is approximately 57 feet upstream of the bridge and 40 feet below the bridge (<1/10 acre). This project has been coordinated with the NC Wildlife Resources Commission (WRC). For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6,._-published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section-404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Cy Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and those conditions outlined in the May 17, 1995 WRC letter (which you have already received). This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to 21 January 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice annOaicing the chances when they occur. Furthermore, if you commence _ or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. Questions or comments may be addressed to Mr. Steve Chapin, Asheville -Field Office, Regulatory Branch, telephone (704) 271-4014. Sincerely, _- . G Wayne Wright Chief.,'Regulatory Branch - Enclosure i Printed on AN Recyded Paper ? V -2- Copies Furnished (without enclosure): Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Copy Furnished (with enclosure): `/Mr. Dan E. Widener Tennessee Valley Authority 2107 West Market Street Johnson City, Tennessee 37604 1 NATIONWIDE CONDITIONS a. The discharge does not cause the loss of more than 10 acres of waters of the U.S. For the purpose of this nationwide permit, the acreage of loss of waters of the U.S. includes the filled area plus waters of the U.S. that are adversely affected by flooding, excavation, or drainage as a result of the project. b. A 30-day notification to the District Engineer (DE) is required if the discharge would cause the loss of water of the U.S. greater than one acre. For discharges in special aquatic sites, including wetlands, the notification must include a delineation of affected special aquatic sites including wetlands. C. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. GENERAL CERTIFICATION CONDITIONS a. General certification is denied for fills greater than one area in SA, trout, HQW, ORW, WS-I and WS-II watersheds. General certification is issued for all other waters for fills of not more than 10 acres and in those watersheds specified above for fills of not more that one acre. b. Proposed fill or substantial modification of greater than one-third of an acre of such waters, including wetlands, requires a written concurrence from the North Carolina Division of Environmental Management (NCDEM). c. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). d. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. e. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. f. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDEM. _N GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species-which no.mmally migrate through the area, unless the activity's primary purpose is to impound .rater. s. Equipment. Heavy equipment working in wetlands must be placed on mats cr other measures must be taken to minimize soil disturbance. 5. Regional and Case-by-case Conditions. The activity must comply :pith any regional conditions which may have been added by the Division Engineer and anv case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on 'gild and Scenic Rivers may ?.: be obtained from the National Park Service and the U.S. Forest Service. a. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water.rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states,..an individual state water quality certification ;rust be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species.or -critical -habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of ?= CL7-GCWN l -2- the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is-.authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Notification. a. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the Di strict or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District.Eng4neer's -receipt of the notification and the prospective permittee.has.not.received notice from the District or Division Engineer. Subsequently, the permittee's.right to proceed under the NWP may be modified, suspended or revoked only in.accordance with the procedure set forth in 33 CFR 330.5(d) (2). b. The notification must be in writing and include the following in farr..atio= and- ary required fees: (1) Name, address and telephone number of the prospective permittee; (2) Location of the proposed project; -3- (3) Sri°f description of the proposed project; the project's Purpose; direct and indirect adverse environmental effects the project would cause; anv „t her N- P(s), regional general permit (s) or individual permit (s) used or _n-ended to be used to authorize any part of the proposed project or related activity; (4) where required by the terms o£ the `WP_, a delineation of affected special aquatic sites, including wetlands; and (;) A statement that the prospective per-nittee has contacted; (a) The USFriS/:QMFS regarding the presence of any Federally listed (or rcposed for listing) endangered or threatened species or critical habitat in I- a me-unit area that may be affected by the proposed .project; and any available or-nation provided ?y-those agencies. (The prospects-re permittee may contact 4-ct Offices 4-or JSF'AS/:QMFS acenc.r contacts and list of critical -_s oistr :a itat . ) (b) The SFDO regarding the esence of any historic properties in =he ce affected by the proposed Pro-ect; and the availa.b'- =.it area that may be ar_ - _: any Provided by that ace nc_r. 14. 'mater Supply Intakes. No disc barge of dredged or 4-4-11 material may occur the Proximity of a public water sunni_r intake except where the discharge is repair of the public water supply intake st:sctures or adjacent bank stabilization. :;. Shellfish Production. No discharge of dredged or fi'_1 material may occur areas or concentrated shellfish Production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. .;. Suitable material., :To discharge of dredged or 4-4-11 material may.coas_st of ..nsuitajle material (e.., trash, debris, car bodies, etc.) and material d?scha=fed mist be tree from toxic pollutants in toxic amounts. ?j_tigat4on. Discharges of dredged.o= material into waters of the fed ;fates must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation. Plan for the specific reculated activity. .3. Spawning areas. Discharges in spawning areas d=4--,g spawning seasons must be avoided to the maximum extent practicable.. 13. Obstructions of Sigh Flows. To the maximum extent practicable, discharges ;rust not permanently restrict or impede the passage of max-mal or expected high 'lows or cause the relocation of the water (unless the primary purpose of the =4-11 is to impound waters). 20, adverse Impacts from Impoundments. If the discharge creates an-impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 21. water°_owl Breading Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 22. Ramoval of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. NATIONWIDE CONDITION A 30-day notification to the District Engineer is required for discharges of 10 to 25 cubic yards for small weirs and flumes. REGIONAL CONDITION All weirs and flumes authorized by this nationwide permit must be removed immediately upon the completion of their intended use. Weirs and flumes are not allowed in areas identified by the North Carolina Division of Marine Fisheries (NCDMF) and/or the North,Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas. STATE CONSISTENCY CONDITION Should all or part of a proposed activity be located within an Area of Environmental. Concern--(AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management (NCDCM). Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency deter-mi.nation pursuant to 15 CFR 930 must be provided to the NCDCM at least 90 days before the onset of the proposed activity. GENERAL CERTIFT_CATION CONDITIONS a. Established sediment and erosion control practices will be utilized to. prevent violations of the appropriate turbidity water quality standard (50 NTU's in st=eams and rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). b. Measures shall be taken to prevent live or fresh concrete from coming into contact. with waters of the State until the concrete has hardened. VII. Impact Justification (Avoidance and Minimization) Three alternatives were evaluated regarding this project: 1) repairing the existing bridge, 2) installing a new bridge, and 3) installing double barrel tiles. Each alternative was evaluated for feasibility concerning cost and environmental impact. Alternative I - Repair the Existing Bridge The existing bridge does not provide sufficient clearance in which to handle heavy stream flow. The I-beams which support the bridge surface are 24 inches high and the tops are flush with the top of the stream bank. This allows approximately 24 inches of clearance between the stream bed and bottom of the I-beams. Historically, in the event of heavy rain, the water level has risen above the bottom of the 1-beams creating a damming effect. The water will begin to back up until it eventually tops the stream bank and floods the surrounding property. This past November, part of the bridge was washed out and many of the components were damaged. TVA believes that repairing the current bridge is only a temporary solution which will lead to substantial costs in the future due to repair and damage claims. Alternative 2 - Installing a New Bridge: The second alternative involves replacing the existing bridge with a bridge that would allow stream flow to the maximum capacity of the stream bank. The bridge would be required to support the load of TVA's heavy equipment. It would consist of concrete abutments at the side of the creek banks, as well as steel 1-beams covered by wood planking to support traffic. This alternative proved to be the most expensive, but also presented the least amount of environmental impact. Cost would include engineering, materials (concrete, steel, and wood), labor, and equipment. Alternative 3 - Installing Double Barrel Tiles: The third alternative involves replacing the bridge with double barrel tiles. Tiles currently exist up and downstream of the subject site. (See Appendix A) A single 60- inch tile exists approximately 150 yards upstream, while double barrel tiles exist approximately 40 yards downstream where State Route 1305 crosses Little Elk Creek. TVA proposes a 60-inch tile in conjunction with a 48-inch tile. The larger will be designated for low flow, so its bottom edge will be placed beneath the stream bed. The smaller will be perched to assist in handling increased flow occurrences as well as to direct low flow through a low flow culvert which will aid in passage of aquatic species. The tiles will be secured using rip rap and cobble. The road surface will be constructed of coarse aggregate. This alternative was also evaluated at a Categorical Exclusion Checklist (CEC) level. Attached is the CEC report. It also proved to be the most cost effective option. %,C1LUyv1 KVc l r-AU1 UbIV11 %?necKUSi Tor rroposea 1 VA ACtlons : Catr,gorical Exclusion Number Claimed Organization ID Number Tracking Number (NEPAAdministration Use Only) 1 5935 Form Preparer Project Initiator/Manager Business Unit Joel R. Stansberry John G Hitchcock TPS - Transmission Operations & Maintenance Project Title Hydrologic Unit Code Beech Mt Switching Structure Access Road Bridge Replacement with Culvert 06010103-010 Description of Proposed Action (include Anticipated Dates of Implementation) Xl Continued on Page 3 (if more than one line) For Proposed Action See Attachments and References Initiating TVA Facility or Office TVA Business Units Involved in Project TPS-TOM East TPS - Transmission Operations & Maintenance Location (City, County, State) For Project Location see Attachments and References Parts 1 through 4 verify that there are no extraordinary circumstances associated with this action: Part 1. Proiect Characteristics Is there evidence that the proposed action--- No Yes Information Source 1. Is major in scope? X Stansberry J. R. 02/06/2004 2. Is art of a larger project proposal involving other TVA actions or other federal agencies? X Stansberry J. R. 02/06/2004 *3. Involves non-routine mitigation to avoid adverse impacts? X Stansberrv J. R. 02/06/2004 4. Is opposed b another federal, state, or local government agency? X Stansberry J. R. 02/17/2004 *5. Has environmental effects which are controversial? X Stansberry J. R. 02/06/2004 *6. Is one of man actions that will affect the same resources? X Stansberry J. R. 02/06/2004 7. Involves more than minor amount of land? X I Stansberrv J. R. 02/06/2004 * If "yes" is marked for any of the above boxes, consult with NEPA Administration on the suitability of this project for a categorical exclusion. Part 2. Natural and Cultural Features Affected Would the proposed action-- No Yes Per- mit Commit- ment Information Source for Insi nificience 1. Potentially affect endangered, threatened, orspecial status species? X No No For comments see attachments 2. Potentially affect historic structures, historic sites, Native American religious or cultural properties, or archaeological sites? X No No Graham J. B. 02/09/2004 3. Potentially take rime or unique farmland out of production? X No No Stansberry J. R. 02/1712004 4. Potentially affect Wild and Scenic Rivers or their tributaries? X No No For comments see attachments 5. Potentially affect a stream on the Nationwide Rivers Inventory? X No No For comments see attachments 6. Potentially affect wetlands, water flow, or stream channels? X No No For comments see attachments 7. Potentially affect the 100- ear flood lain? X No No IStansberry J. R. 02/17/2004 8. Potentially affect ecologically critical areas, federal, state, or local park lands, national or state forests, wilderness areas, scenic areas, wildlife management areas, recreational areas, greenways, or trails? X No No For comments see attachments 9. Contribute to the spread of exotic or invasive species? X No No For comments see attachments 10. Potentially affect migratory bird populations? X No No Hen T. H. 02/02/2004 11. Involve water withdrawal of a magnitude that may affect aquatic life or involve interbasin transfer of water? X No No Stansberry J. R. 02/17/2004 12. Potentially affect surface water? X No No For comments see attachments 13. Potentially affect drinking water supply? X No No I Stansberry J. R. 02/17/2004 14. Potentially affect groundwater? X No No Stansberry J. R. 02/17/2004 15. Potentially affect unique or important terrestrial habitat? X No No For comments see attachments 16. Potentially affect unique or important aquatic habitat? X Yes No For comments see attachments Tie annon ro_,)nnii Deno 1 Would the proposed action potentially (including accidental or unplanned)-- No Yes Per- mit Commit- ment Information Source for Insi nificience 1. Release air pollutants? X No No Stansberry J. R. 02/17/2004 2. Generate water pollutants? X No Yes For comments see attachments 3. Generate wastewater streams? X No No Stansberrv J. R. 02/17/2004 4. Cause soil erosion? X No No For comments see attachments 5. Discharge dredged or fill materials? X No No Stansberry J. R. 02/17/2004 6. Generate large amounts of solid waste or waste not ordinarily generated? X No No Stansberry J. R. 02/17/2004 7. Generate or release hazardous waste RCRA ? X No No Stansberrv J. R. 02/17/2004 8. Generate or release universal orspecial waste, or used oil? X No No Stansberry J. R. 02/17/2004 9. Generate or release toxic substances CERCLA, TSCA ? X No No Stansberry J. R. 02/17/2004 10. Involve materials such as PCBs, solvents, asbestos, sandblasting material, mercury, lead, or paints? X No No Stansberry J. R. 02/1712004 11. Involve disturbance of pre-existing contamination? X No No Stansberry J. R. 02117/2004 12. Generate noise levels with off-site impacts? X No No Stansberry J. R. 02/17/2004 13. Generate odor with off-site impacts? X No No Stansberry J. R. 02/17/2004 14. Produce light which causes disturbance? X No No Stansberry J. R. 02/17/2004 15. Release of radioactive materials? X No No I Stansberry J. R. 02/17/2004 16. Involve underground or above-ground storage tanks or bulk storage? X No No Stansberry J. R. 02/17/2004 17. Involve materials that require special handling? X No No Stansbe J. R. 02/17/2004 Part 4. Social and Economic Effects Would the proposed action--- No Yes Commit ment Information Source for Insi nificience 1. Potentially cause public health effects? X No Stansberry J. R. 02/17/2004 2. Increase the potential for accidents affecting the public? X No Stansberry J. R. 02/17/2004 3. Cause the displacement or relocation of businesses, residences, cemeteries, or farms? X No IStansberry J. R. 02/17/2004 4. Contrast with existing land use, or potentially affect resources described as unique or significant in a federal, state, or local plan? X No Stansberry J. R. 02/17/2004 5. Disproportionately affect minority or low-income populations? X No Stansberry J. R. 02/17/2004 6. Involve eneticall engineered organisms or materials? X No Stansberry J. R. 02/17/2004 7. Produce visual contrast or visual discord? X No Stansberry J. R. 02/17/2004 8. Potentially interfere with recreational or educational uses? X No Stansberry J. R. 02/17/2004 9. Potentially interfere with river or other navigation? X No Stansberry J. R. 02/17/2004 10. Potentially generate highway or railroad traffic problems? X No I Stansberry J. R. 02/17/2004 Part 5. Other Environmental Com liance/Re ortin Issues Would the proposed action- No Yes Commit ment Information Source for Insi nificience 1. Release or otherwise use substances on the Toxic Release Inventory list? X No Stansberry J. R. 02/17/2004 2. Involve a structure taller than 200 feet above round level? X No Stansberry J. R. 02/17/2004 3. Involve site-specific chemical traffic control? X No I Stansberry J. R. 02/17/2004 4. Require a site-specific emergency notification process? X No I Stansberry J. R. 02J17/2004 5. Cause a modification toequipment with an environmental permit? X No tansberry J. R. 02/17/2004 6. Potentially impact operation of the river system or require special water elevations or flow conditions?? X No Stansberry J. R. 02/17/2004 Tin 'Anon ro_o)nnii D- ) site. ^ The bridge is used for NA access, as well as residencial. The south side consists of a barn and garden and the north of pasture lands f I and houses. CEC General Comment Listing These pictures show the damaged bridge as well as the culverts located up and downstream. The culvert upstream is a single 60' culvert which seems to handle heavy rains very well. The one downstream is a culvert the state installed where Elk River Road crosses the creek. The north side of the creek in the area of the bridge consists of pasture lands and residences. The south side has a barn and garden area. By: Joel R. Stansberry 02/17/2004 Files: Damaged Bridge 001.jpg 01/30/2004 669,469 Bytes Damaged Bridge 003.jpg 01/30/2004 673,211 Bytes Beach Mountain Downstream.jpg 01/30/2004 709,085 Bytes Beach Mountain Upstream Culvert.jpg 01/30/2004 594,111 Bytes Beach Mountain Upstream.jpg 01/30/2004 595,682 Bytes CEC Comment Listing Part 2 Comments 1. Review of the NA Natural Heritage database indicates that eight North Carolina State listed plant species and no federally listed plant species are reported within five miles of the proposed project area. Because the project area consists of mowed, rocky, and/or otherwise exposed and disturbed streambanks, suitable habitat is not present for the rare plants known from the vicinity or any other rare plants. Therefore, the proposed activities are not expected to result in any impacts to rare plant populations, rare plant communities, or potentially suitable habitat. By: Joseph L Collins 02/04/2004 1. Due to the nature of this work (bridge replacement with culverts), no direct impacts to protected aquatic animal species are likely to occur as a result of this proposed action. Indirect effects to the banded sculpin (Cottus carolinae), which is listed as threatened in the state of North Carolina, could result from incorrect culvert placement or from soil disturbing activities in and adjacent to Little Elk Creek. The culvert should be placed below the stream bed and ground disturbance in and adjacent to Little Elk Creek should be minimized. By: Stephanie A Chance 02104/2004 4. Because no such designated waters occur at or adjacent to the proposed project sites, the proposed action is not anticipated to impact Wild and Scenic Rivers or their tributaries. By: Alisa Crutchfield 02/17/2004 5. Because no such designated waters occur at or adjacent to the proposed project site, the proposed action is not anticipated to impact a stream on the Nationwide Rivers Inventory. By: Alisa Crutchfield 02117/2004 6. An office-level review of existing data was conducted to determine the potential presence of wetlands in the project area. The National Wetland Inventory (NWI) data indicates a temporarily flooded palustrine scrub-shrub wetland (PSS1A) in the riparian zone of Little Elk Creek from its confluence with Elk Creek to a point upstream of the access road bridge. However, NA photos of the immediate area of the bridge and the Avery County NC Soil Survey (Goldston et al. 1955) do not support the NWI data. There are no hydric soils or soils with hydric inclusions mapped in the project area. No features indicative of wetlands (e.g., hydrophytic vegetation, water on surface) were observed in the five photos included in the CEC project attachments. Since a ground survey was not conducted, it is not possible to confirm that there are no wetlands outside of the areas shown in the NA photos. For this reason, all project-related activities would be restricted to roads, the areas visible on the NA photos, and adjacent dry fields or clearings. References Goldston, E. F., G. H. Robinson, and W. J. Leighty,. 1955. Avery County, NC, Soil Survey. U.S. Department of Agriculture Soil Conservation Service (Natural Resources Conservation Service). By: Barbara A. Rosensteel 02/04/2004 Donn A CEC Comment Listing x 8. A review of the Natural Heritage database indicates that two Managed Areas and/or Ecologically Significant Sites are within three miles of the proposed project site. The proposed site is within Pisgah National Forest. Pisgah National Forest, in western North Carolina, is a land of mile-high peaks, cascading waterfalls, and heavily forested slopes. It is primarily a hardwood forest. A popular activity on the Pisgah National Forest is whitewater river use on the Nolichucky and French Broad rivers. The Appalachian Trail passes through the Pisgah. The Blue Ridge Parkway also runs through the Pisgah National Forest. No impacts to these areas are anticipated as a result of the proposed work. A review of the Natural Heritage database indicates that seven additional Managed Areas and/or Ecologically Significant Sites are within three miles of the proposed project site. ? Elk River Gorge Potential National Natural Landmark (PNNL) ? Jones Branch Bog ? Highlands of Roan ? Hump Mountain PNNL ? Pisgah State Game Land ? Roan Mountain Massif, with the following designations: Roan Mountain Massif U.S. Forest Service Registered Heritage Area (RHA), Roan Mountain Massif Southern Appalachian Highlands Conservancy RHA, Roan Mountain Massif PNNL, Roan Mountain Massif Proposed State Natural Area, and Roan Mountain Massif Protection Planning Site. ? Appalachian Trail Because the distance from these areas is sufficient (1.1 ? 2.3 miles), no impacts are anticipated as a result of the proposed project. By: Alisa Crutchfield 02/17/2004 9. There is no potential for this project, as described, to contribute to the spread of exotic or invasive terrestrial plant species. No permits or commitments are required. By: Alisa Crutchfield 02/17/2004 9. Due to the nature of this action, there would likely be no potential impacts from invasive aquatic animal species. By: Stephanie A Chance 02/04/2004 12. Reference Part 3, Question 2. Clean rock will be used to hold the new culverts in place and concrete will be used to help hold the rock and culverts in place. Concrete will not be placed in the stream. By: Joel R. Stansberry 02/17/2004 15. No uncommon communities or otherwise important terrestrial habitats were reported from the area or observed in site photographs. By: Joseph L Collins 02/04/2004 16. Impacts to aquatic habitats will be insignificant with implementation of BMPs for access road construction in Muncy (1999), with the additional measures of keeping uncured concrete out of surface waters and placing culverts below streambed grade so as to not impede movement of aquatic life. By: George E Peck 02/09/2004 Part 3 Comments 2. Heavy equipment will be used to perform the majority of the work. A spill kit will be kept on-site to contain any accidental spills. Concrete will be used to hold the rock and culverts in place. Care will be taken to prevent concrete from entering the creek. By: Joel R. Stansberry 02/17/2004 4. Check with NCDENR for any ARAP permitting needs that maybe required depending on project scale and degree of disturbances. Follow NCDENR / NCDOT requirements on multiple culvert installation techniques. It is my undertsanding that double-barrel culverts must have the low stream flow directed only through one culvert/barrel to avoid over widening of the stream channel downstream and to encourage aquatic life passage. Construction BMPs shall be used to minimize soil erosion and offsite sedimentation. By: Jack A Muncy 02/02/2004 CEC Permit Listing Part 2 Permits D- F CEC Permit Listing y 16. possibly State of NC and Corps of Engineers By: George E Peck 02/09/2004 CEC Commitment Listing Part 3 Commitments 2. Heavy equipment will be used to remove the damaged bridge, as well as to place the new culverts. Spill kits will be kept on site in the event of accidental spill. By: Joel R. Stansberry 02/1712004 D- C.