October 11,2018 Regulatory Division South/Transportation Branch LRH-2018-709-LKR-Turkey Run WVDOH, U311-33-17.30 College Street/Mineral Road I/S Improvements
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DEPARTMENT OF THE ARMY HUNTINGTON DISTRICT, CORPS OF ENGINEERS 502 EIGHTH STREET HUNTINGTON, WEST VIRGINIA 25701-2070 REPLY TO ATTENTION OF October 11,2018 Regulatory Division South/Transportation Branch LRH-2018-709-LKR-Turkey Run WVDOH, U311-33-17.30 College Street/Mineral Road I/S Improvements Ms. Anna Vanderlaan West Virginia Division of Highways 1900 Kanawha Boulevard East Building Five Room 110 Charleston, West Virginia 25305 Dear Ms. Vanderlaan: I refer to the letter and drawings received by this office on August 28, 2018 requesting a Department of the Army authorization to discharge dredged and/or fill material into Turkey Run in conjunction with a road improvement project. The proposed project is located within Turkey Run, along United State Route (US) 33, near Glenville, in Gilmer County, West Virginia. This project has been assigned the following file number: LRH-2018-709-LKR-Turkey Run. Please reference this file number on all future correspondence related to this project. The United States Army Corps of Engineers' (Corps) authority to regulate waters of the United States is based on the definitions and limits of jurisdiction contained in 33 CFR 328 and 33 CFR 329. Section 404 of the Clean Water Act (Section 404) requires a DA permit be obtained prior to discharging dredged or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 (Section 10) requires a DA permit be obtained for any work in, on, over or under a navigable water. The proposed project, as described in the submitted information, has been reviewed in accordance with Section 404 and Section 10. Based on your description of the proposed work, and other information available to us, it has been determined that this project will not involve activities subject to the requirements of Section 10. However, this project will include the discharge of dredged or fill material into Turkey Run and is subject to the requirements of Section 404. Based on your description of the proposed work, and other information available to us, it has been determined this project will include the discharge of dredged and/or fill material into Turkey Run for a road improvement project along US 33. The proposed discharge of dredged and/or fill material within the project area is described in the enclosed Table 1. All temporary structures associated with the project would be removed after construction. The road improvement activity would occur during low flow conditions to the maximum extent possible. Printed on Recycled Paper -2- It has been determined the discharge of fill material associated with the proposed project meets the criteria for Nationwide Permit (NWP) #14 as described under the January 6, 2017 Federal Register, Notice of Reissuance of Nationwide Permits (82 FR 1860) provided you comply with all terms and conditions of the enclosed material. The NWPs expire on March 18, 2022. The West Virginia Department of Environmental Protection has issued a 401 Water Quality Certification, with conditions, for this permit. A copy of this NWP can be found on our website at http://www.lrh.usace.army mil/Missions/Regulatory.aspx This verification is valid until the NWPs are modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2022. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence these activities before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWPs to complete the activities under the present terms and conditions of this nationwide permit. It is your responsibility to ensure that your work conforms to all of the environmental management conditions listed within the enclosed material. Please be aware this NWP authorization does not obviate the requirement to obtain other Federal, state or local authorizations required by law. Upon completion of the work associated with the proposed project, the enclosed certification must be signed and returned to this office. If you have any questions or concerns, please contact Mr. Jeremy Cochenour of the South/Transportation Branch at (304) 399-5867, by mail at the above address, or by email at [email protected]. Sincerely, Digitally signed by PORTER.SUSA PORTER.SUSAN.A.I229735230 DN cAUS, u=US. Government, N.A.12297352 <3.3=1)0D, a u=P10, ou =USA. copPORTER.SUSAN.A.1229735230 30 One: 2018.10.11 1523A4 -04'00' Susan A. Porter Chief, South/Transportation Branch Enclosures -3- Table 1 —Discharge of Dredged and/or Fill Material Type of NWP Name . Total Stream Length (If) Fill Below OHW (cy) Discharge Type Turkey Rock / 505 If Permanent Discharge Permanent 58 cy Rock / NWP Run Concrete 37 If Temporary Discharge 1.10 cy Concrete & #14 Temporary 1.11 cy Rock COMPLETION OF WORK FORM Permit: LRH-2018-709-LICR-Turkey Run WVDOH, College Street/Mineral Road VS Improvements U311-33-17.30 Section 10— Little Kanawha River Name of Permittee: Anna Vanderlaan WVDOH, Engineering Division 1900 Kanawha Boulevard East Building Five Room 110 Charleston, West Virginia, 25305 Date of Issue: October 11,2018 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address. Huntington District U.S. Army Corps of Engineers 502 8th Street Huntington, WV 25701-2070 Attn: RD-S-JDC Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Pennittee Date August 28, 2018 Sarah Workman USACE Regulatory/Permits and Brian Bridgewater VVVDEP 401 Certification Program Subject: 404 Submission State Project U311-33-17.30 Federal Project STHS-0033(376)D College Street/Mineral Road I/S Improvements Gilmer County The West Virginia Division of Highways (WVDOH) proposes to improve and realign the US 33, College Street (CR 119/10), and Mineral Road (CR 119/8) intersection in Glenville, WV. A roundabout will be constructed immediately northwest of the existing intersection. The proposed work includes the replacement of the existing 36" and 48" pipes carrying Turkey Run through the project area with a longer 72" pipe, construction of wingwalls, dump rock gutters, and utility relocations. Of the 505 LF of impact associated with this project, only 213 LF is open channel not currently impacted by existing culverts. A temporary relocation of the downstream end of the existing 48" pipe along with an upstream sandbag cofferdam and temporary pipe will be necessary to facilitate construction. All temporary fills will be removed and the areas temporarily impacted due to construction associated with this project will be returned as closely as possible to the original contours. Disturbed areas that are not stabilized by rock rip-rap, scour protection, or other methods as set forth in the Project Plans, shall be seeded and mulched per WVDOH Standard Specifications for Roads and Bridges, 2017 edition and Supplements. Since the subject project is located within the % mile buffer of a Federally Listed Mussel Stream, Little Kanawha River, and impacts greater than 200 LF of stream, the WVDOH hereby requests 404 authorization from the United States Army Corps of Engineers for the use of NWP 14 for the subject project. West Virginia 401 Water Quality Certification for NWP 14 has been granted by the West Virginia Department of Environmental Protection. Should additional information be required, please contact me. Anna Vanderlaan WVDOH Permitting Section 404 Permit State Project No. U311-33-17.30 00 College Street/Mineral Road 1/S Federal Project No. STHS-0033(376)D Narrative This project consists of improving and realigning the intersection of US 33 with CR 119/10 (College Street) and CR 119/8 (Mineral Road) in Glenville, Gilmer County, WV. A new roundabout will be constructed immediately northwest of the existing intersection. Mineral Road will be relocated to form the northern leg of the roundabout. To support the roundabout and the Mineral Road relocation, an embankment will be constructed on the north side of US 33. A 72" culvert is proposed to carry Turkey Run through the roadway embankment limits. Within the project construction limits the existing stream is carried through three different culverts. Progressing in an upstream direction, the existing stream flows through 61 feet of 36" plastic pipe; 137 feet of 48" cmp; and 87 feet of 36" cmp for a total existing pipe length of 285 feet. The total existing stream length, including existing culverts, is 498 feet. Removing 285 feet of existing pipe from the overall existing stream length results in approximately 213 feet of existing open channel stream. For the proposed condition, the existing stream and existing pipes will be removed and replaced with 324 feet of 72" pipe; 2-72" wingwalls, 1-36" wingwall (combined wingwall length 24 feet); 66 feet of downstream rock gutter and 84 feet of upstream rock gutter. Improvements made under each Activity Number and the length of impact to the existing open channel stream and existing stream currently carried in culverts are summarized in the following table. Activity Activity Description Ex Open Stream Ex Culvert Impacts, No.