\\vhb\proj\Bedford\52380.09\docs\Permits\Wetlands Permit Amendment\Amendment_cover letter.docx April 30, 2018 Ref: 52380.09 Matt Urban NH Department of Transportation Bureau of Environment John O. Morton Building 7 Hazen Drive, PO Box 483 Concord, NH 03302-0483 Re: Bridge #089/099 Rehabilitation Project (NHDOT #24497) NH 18 Over Lafayette Brook, Franconia, New Hampshire NHDES Wetlands Permit #2017-00004 Amendment Dear Mr. Urban, The NH Department of Transportation (NHDOT) submitted a Wetlands Permit Application to the NH Department of Environmental Service (NHDES) in December 2016 for the proposed rehabilitation of Bridge #089/099 in Franconia, NH (NHDOT #24497). This letter requests a minor amendment of Wetland Permit #2017-00004 to allow for the construction of the project. Bridge #089/099 carries NH 18 (Profile Road) over Lafayette Brook, immediately adjacent to its intersection with NH 141 (Butterhill Road) (refer to Figure 1, attached). The proposed rehabilitation of the bridge will address deficiencies found within the superstructure, which placed the bridge on the NHDOT Red List in 2010. The proposed rehabilitation includes replacing the bridge superstructure, while retaining the existing abutments and wingwalls, with modifications to the upper railing sections. The NHDES Wetlands Permit (NHDES #2017-00004) was granted for this project on April 6, 2017 (see attached). Since the permit was issued, the proposed design for the project has been updated to modify the rip-rap slope along Lafayette Brook (refer to the revised Wetland Permitting Plans, attached). The NHDOT Bureau of Bridge Maintenance recommends that the toe of the slopes down to Lafayette Brook around the bridge structure be further secured due to the history of erosion that has occurred along the slopes of the brook. The proposed change would extend the rip-rap slope stabilization along Lafayette Brook, resulting in a slight increase of bed and bank impact along the eastern side of the proposed rip-rap slope on the southern slope of the brook. An increase in rip-rap is also proposed along the majority of the northern slope of Lafayette Brook, resulting in additional bed and bank impact relative to the permitted limits. These modifications would result in a decrease in the temporary impacts proposed along the northern slope of Lafayette Brook, which would result from equipment accessing the slopes of the brook to conduct the slope stabilization work. The approved permit currently reads:
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April 30, 2018 Ref: 52380.09 Matt Urban NH Department of Transportation Bureau of Environment John O. Morton Building 7 Hazen Drive, PO Box 483 Concord, NH 03302-0483 Re: Bridge #089/099 Rehabilitation Project (NHDOT #24497)
NH 18 Over Lafayette Brook, Franconia, New Hampshire NHDES Wetlands Permit #2017-00004 Amendment
Dear Mr. Urban,
The NH Department of Transportation (NHDOT) submitted a Wetlands Permit Application to the NH Department of Environmental Service (NHDES) in December 2016 for the proposed rehabilitation of Bridge #089/099 in Franconia, NH (NHDOT #24497). This letter requests a minor amendment of Wetland Permit #2017-00004 to allow for the construction of the project.
Bridge #089/099 carries NH 18 (Profile Road) over Lafayette Brook, immediately adjacent to its intersection with NH 141 (Butterhill Road) (refer to Figure 1, attached). The proposed rehabilitation of the bridge will address deficiencies found within the superstructure, which placed the bridge on the NHDOT Red List in 2010. The proposed rehabilitation includes replacing the bridge superstructure, while retaining the existing abutments and wingwalls, with modifications to the upper railing sections. The NHDES Wetlands Permit (NHDES #2017-00004) was granted for this project on April 6, 2017 (see attached).
Since the permit was issued, the proposed design for the project has been updated to modify the rip-rap slope along Lafayette Brook (refer to the revised Wetland Permitting Plans, attached). The NHDOT Bureau of Bridge Maintenance recommends that the toe of the slopes down to Lafayette Brook around the bridge structure be further secured due to the history of erosion that has occurred along the slopes of the brook. The proposed change would extend the rip-rap slope stabilization along Lafayette Brook, resulting in a slight increase of bed and bank impact along the eastern side of the proposed rip-rap slope on the southern slope of the brook. An increase in rip-rap is also proposed along the majority of the northern slope of Lafayette Brook, resulting in additional bed and bank impact relative to the permitted limits. These modifications would result in a decrease in the temporary impacts proposed along the northern slope of Lafayette Brook, which would result from equipment accessing the slopes of the brook to conduct the slope stabilization work.
Restore rip rap stabilization and reconstruct drainage swale impacting 1,899 sq. ft. of riverine and palustrine wetlands temporarily impacting 1,096 sq. ft. for access and water diversions.
NHDOT respectfully requests an amended permit to read as follows:
Restore rip rap stabilization and reconstruct drainage swale impacting 2,068 sq. ft. of riverine and palustrine wetlands temporarily impacting 991 sq. ft. for access and water diversions.
The slight increase in total impacts from 1,899 SF to 2,068 SF will result in the total impact fee to be raised from $379.80 to $413.60, resulting in an increase of $33.80. This additional fee of $33.80 is included with this memorandum to cover the additional proposed impacts.
The proposed project involves the addition of riprap along the banks of Lafayette Brook where riprap already exists. The additional riprap proposed in this amendment complies with the NHDES rules found in Env-Wt 404. The updated Wetland Plans include a typical section and plan views of the proposed riprap installation work. NHDOT will use Class V riprap which includes a nominal size of 18” and a maximum size of 36”. The percentage of distribution by particle size for this class is 1.3” for <15%, 3.5” for 15% - 85%, and 8.5” for >85%. The maximum particle size allowed for this class is 22”.
The increased bank impact will not require mitigation since the modifications involve additional bank armoring and stabilization along the existing rip-rap slope. These additional permanent wetland impacts are limited to the existing riprap slope. Lori Sommer and Gino Infascelli confirmed that mitigation was not required for these types of permanent wetland impacts at the NHDOT Natural Resource Agency Coordination Meeting on August 19, 2015 (refer to Appendix F in the original Wetlands Permit application for the proposed project).
Please do not hesitate to contact me if you have questions at (603) 391-3900 or [email protected]. Sincerely, Peter Walker Principal, Environmental Services Attachments: Figure 1 – USGS Locus Map NHDES Permit #2017-00004 Updated Wetland Plans Updated NHDES Wetlands Permit Application Form cc: R. Landry, Administrator, Bureau of Bridge Design R. Crickard, Chief, Project Management Section
J. Whitmore, VHB
Figure 1- USGS Locus MapFranconia (NH#24497)Profile Road (NH 18) over Lafayette Brook
Attached please find Wetlands Permit # 2017-00004 to replace the bridge superstructure, restore rip rap stabilizationand reconstruct drainage swale impacting 1,899 sq. ft. of riverine and palustrine wetlands temporarily impacting 1,096sq. ft. for access and water diversions. NHDOT project 24497
The decision to approve this application was based on the following findings:
1. This is a major impact project per Administrative Rules Env-Wt 303.02(p), a replacement of a stream crossingstructure in a tier 3.2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01.3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverseimpact to areas and environments under the department’s jurisdiction per Env-Wt 302.03.4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(a) Requirements forApplication Evaluation, has been considered in the design of the project.5. The project was coordinated through the Natural Resource Agency monthly meetings and discussed on August 19,2015.6. The project does not require mitigation as this meets rule Env-Wt 302.03(c)(2)(c), protection of existinginfrastructure.7. In accordance with RSA 482-A:8, DES finds that the requirements for a public hearing do not apply as the permittedproject is not of substantial public interest, and will not have a significant impact on or adversely affect the values of theriverine resource, as identified under RSA 482-A:1.8. The NHDES has determined the applicant has met the purpose of the current stream rules relative to not causingdamage upstream or downstream and not impeding aquatic organisms.
Any person aggrieved by this decision may appeal to the New Hampshire Wetlands Council (the Council) by filingan appeal that meets the requirements specified in RSA 482-A:l0, RSA 21-0:14, and the rules adopted by theCouncil, Env-WtC 100-200. The appeal must be filed directly with the Council within 30 days of the date of thisdecision and must set forth fully every ground upon which it is claimed that the decision complained of isunlawful or unreasonable. Only those grounds set forth in the notice of appeal can be considered by the Council.
Information about the Council, including a link to the Council’s rules, is available at <http://nhec.nh.gov/> (ormore directly at <http://nhec.nh.gov/wetlands/index.htm>.) Copies of the rules also are available from the NewHampshire Department of Environmental Services (NHDES) Public Information Center at (603) 271-2975.
Your permit must be signed, and a copy must be posted in a prominent location on site during construction.
If you have any questions, please contact our office at (603) 271-2147.
Sincerely,
Gino InfascelliPublic Works Project SupervisorNHDES Wetlands Bureau
cc: Franconia Conservation CommissionFranconia Municipal ClerkRobert Landry, NH DOT, Bureau of Highway Design
APPROVAL DATE: APRIL 06, 2017 EXPIRATION DATE: APRIL 06, 2022
Based upon review of the above referenced application, in accordance with RSA 482-A and RSA 485-A:17, a WetlandsPermit and Non-Site Specific Permit was issued. This permit shall not be considered valid unless signed as specifiedbelow.
PERMIT DESCRIPTION: Replace the bridge superstructure, restore rip rap stabilization and reconstruct drainage swaleimpacting 1,899 sq. ft. of riverine and palustrine wetlands temporarily impacting 1,096 sq. ft. for access and waterdiversions. NHDOT project 24497
THIS APPROVAL IS SUBJECT TO THE FOLLOWING PROJECT SPECIFIC CONDITIONS:1. All work shall be in accordance with plans labeled as Preliminary Plans by NHDOT Bureau of Highway Design dated10/26/16, as received by the Department on January 3, 2017.2. This permit is contingent upon the submission of Final Wetland Impact Plans at least 10 days prior to construction.3. Stamped engineering plans are to be submitted to the file at least 10 days prior to construction as required per ruleEnv-Wt 404.04(a) including plan sheets specifically addressing the information required per Env-Wt 404.04 (b).4. Dredged material shall be placed out of the DES Wetlands Bureau jurisdiction.5. Unconfined work within the brook, exclusive of work associated with installation of a cofferdam, shall be doneduring periods of low flow.6. Cofferdams shall not be installed during periods of high flow, whether due to seasonal runoff or precipitation.Once a cofferdam is fully effective, confined work can proceed without restriction.7. Prior to commencing work on a substructure located within surface waters, a cofferdam shall be constructed toisolate the substructure work area from the surface waters.8. Temporary cofferdams shall be entirely removed immediately following construction.9. Construction equipment shall not be located within surface waters.10. Discharge from dewatering of work areas shall be to sediment basins that are: a) located in uplands; b) lined withhay bales or other acceptable sediment trapping liners; and c) set back as far as possible from wetlands and surfacewaters, in all cases with a minimum of 20 feet of undisturbed vegetated buffer.11. Appropriate turbidity controls shall be installed prior to construction, shall be maintained during construction suchthat no turbidity escapes the immediate dredge area, and shall remain in place until suspended particles have settledand the water at the work site has returned to normal clarity.12. Within three days of the last activity in an area, all exposed soil areas, where construction activities are complete,shall be stabilized by seeding and mulching during the growing season, or if not within the growing season, by mulchingwith tack on slopes steeper than 3:1 or netting /matting and pinning on slopes steeper than 2:1.
13. Where construction activities have been temporarily suspended within the growing season, all exposed soil areasshall be stabilized within 14 days by seeding and mulching or if temporarily suspended outside the growing season, allexposed areas shall be stabilized within 14 days by mulching, mulching with tack on slopes steeper than 3:1 andstabilized by matting and pinning on slopes steeper than 2:1.14. The contractor responsible for completion of the work shall utilize techniques described in the New HampshireStormwater Manual, Volume 3, Erosion and Sediment Controls During Construction (December 2008).15. Extreme precautions to be taken within riparian areas to limit unnecessary removal of vegetation during roadconstruction and areas cleared of vegetation to be re-vegetated as quickly as possible.16. There shall be no further alteration to wetlands or surface waters without amendment of this permit.17. Standard precautions shall be taken to prevent import or transport of soil or seed stock from nuisance, invadingspecies such as purple loosestrife or Phragmites.18. All activity shall be in accordance with the Shoreland Water Quality Protection Act, RSA 483-B.
GENERAL CONDITIONS THAT APPLY TO ALL NHDES WETLANDS PERMITS:1. A copy of this permit shall be posted on site during construction in a prominent location visible to inspecting
personnel;2. This permit does not convey a property right, nor authorize any injury to property of others, nor invasion of rights of
others;3. The Wetlands Bureau shall be notified upon completion of work;4. This permit does not relieve the applicant from the obligation to obtain other local, state or federal permits, and/or
consult with other agencies as may be requited (including US EPA, US Army Corps of Engineers, NH Department ofTransportation, NH Division of Historical Resources (NH Department of Cultural Resources), NHDES-Alteration ofTerrain, etc.);
5. Transfer of this permit to a new owner shall require notification to and approval by NHDES;6. This project has been screened for potential impacts to known occurrences of protected species and exemplary
natural communities in the immediate area. Since many areas have never been surveyed, or have only receivedcursory inventories, unidentified sensitive species or communities may be present. This permit does not absolvethe permittee from due diligence in regard to state, local or federal laws regarding such communities or species.
7. Review enclosed sheet for status of the US Army Corps of Engineers’ federal wetlands permit.
1 /1 ezAPPROVED: -z-
- Gino InfascelliNHDES Wetlands Bureau
BY SIGNING BELOW I HEREBY CERTIFY THAT I HAVE FULLY READ THIS PERMIT AND AGREE TO ABIDE BY ALL PERMITCONDITIONS.
VERTICAL DATUM IS NAVD88. COORDINATES ARE NH STATE PLANE NAD83,
OF THE UNITED STATES (COWARDIN ET AL., 1979, REVISED 1985).
METHODOLOGY CLASSIFICATION OF WETLANDS AND DEEPWATER HABITATS
WETLANDS AND SURFACE WATERS WERE CLASSIFIED USING THE USFWS
FOR SECTIONS A-A AND B-B SEE WETLAND IMPACT SECTIONS SHEET.
320 CFS.
THE ESTIMATED 2-YEAR FREQUENCY DISCHARGE OF LAFAYETTE BROOK IS
CONTRACT.
QUALITY OF LAFAYETTE BROOK UNDER ITEM 699 OR SPECIFIC ITEMS IN
TO CONSTRUCTION AND MAINTAINED DURING CONSTRUCTION TO PROTECT WATER
EROSION AND TURBIDITY CONTROL MEASURES SHALL BE INSTALLED PRIOR
PERMIT.
IN THE WETLAND IMPACT PLANS AND DESCRIBED IN THE NHDES WETLAND
THERE SHALL BE NO IMPACTS TO WETLANDS OR STREAMS EXCEPT AS SHOWN
ENV-WT 101.07 AND RSA 483-B:4 (XI-e).
WETLAND SCIENTIST, KRISTOPHER WILKES (CWS#288) IN ACCORDANCE WITH
(R3RB2H) AND ADJACENT POND WAS DELINEATED ON JUNE 5, 2014 BY VHB
STREAM TOP OF BANK AND ORDINARY-HIGH-WATER ALONG LAFAYETTE BROOK
7.
6.
5.
4.
3.
2.
1.
160
160
(N
H 141)
BUTTER
HILL R
OA
D
206207 208 209
304
305
(NH 18)
PROFILE ROAD
NH 18 (PROFILE ROAD)
> CONSTRUCTION
NH 141 (BUTTERHILL ROAD)
> CONSTRUCTION
BR
OO
K
LAF
AYETTE
ABUTMENT A
ABUTMENT B
6" UNDERDRAIN (TYP)
A
BARRIER PRIOR TO CONSTRUCTION
INSTALL EROSION CONTROL
STABILIZATION
RIPRAP SLOPE
STABILIZATION
RIPRAP SLOPE
A
A
STRUCTURE (TYP)
WATER DIVERSION
OF ITEM 503.1,
APPROXIMATE LOCATION
STABILIZATION
RIPRAP SLOPE
REALTY TRUST
STONY HILL
####
APPROX. EXIST. R.O.W.
APPR
OX. E
XIST. R.
O.
W.
APPR
OX. E
XIST. R.
O.
W.
FAMILY TRUST
DAVID SYMMES
####
UNDETERMINED
OWNER
####
APPROX. EXIST. R.O.W.
CORPORATION
DEVELOPMENT
MOUNTAIN
LAFAYETTE
####
BANK REPAIR
LIMIT OF CHANNEL
7:1
1.5:1
2:1
1.5:1
3:1
B
BPOND
B
C
F
E
D
G
H
I
SECTIONS SHEET)
(SEE WETLAND IMPACT
DRAINAGE SWALE
RECONSTRUCT
HEADWALL
CONCRETE
SEED (TYP)
LOAM AND
SEED (TYP)
LOAM AND
STATE OF NEW HAMPSHIREDEPARTMENT OF TRANSPORTATION * BUREAU OF BRIDGE DESIGN
REVISIONS AFTER PROPOSAL
DESIGNED
DRAWN
QUANTITIES
REV. DATE
ISSUE DATE FEDERAL PROJECT NO. SHEET NO. TOTAL SHEETS
FILE NUMBER
OF
BRIDGE SHEET
DATEBY
CHECKED
CHECKED
CHECKED
DATEBY
KDW
JAW
JAW
8
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SHEET SCALEDRAWING NAMEPLOT DATE
AS NOTED
BRIDGE NO. 089/099 STATE PROJECT 24497
1/16/2018 24497_7eroplan01.dgn
SMH
TOWN FRANCONIA
LOCATION NH 18 OVER LAFAYETTE BROOK
12/17
12/17
12/17
12/17
STATE OF NEW HAMPSHIREDEPARTMENT OF TRANSPORTATION * BUREAU OF BRIDGE DESIGN
REVISIONS AFTER PROPOSAL
DESIGNED
DRAWN
QUANTITIES
REV. DATE
ISSUE DATE FEDERAL PROJECT NO. SHEET NO. TOTAL SHEETS
FILE NUMBER
OF
BRIDGE SHEET
DATEBY
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CHECKED
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DATEBY
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SHEET SCALEDRAWING NAMEPLOT DATE
AS NOTED
BRIDGE NO. 089/099 STATE PROJECT 24497
4/27/2018 24497_8erosections01.dgn
SMH
TOWN FRANCONIA
LOCATION NH 18 OVER LAFAYETTE BROOK
12/17
12/17
12/17
12/17
6:1 3:1
À SWALE
SECTION B-B SCALE:•" = 1'-0"
(E
XI
STI
NG)
TO
P
OF
BA
NK
EXISTING GROUND
VARIES (TYP)
FINISH GRADE
SECTION A-A
GEOTEXTILE
3'-0"
(MI
N)
3'-0"
(TOE)
3'-0"
SCALE:•" = 1'-0"
(TYPICAL RIPRAP SLOPE STABILIZATION DETAILS)
VARIES (TYP)
CHANNEL
VARIES (TYP)
EXISTING GROUND
(E
XI
STI
NG)
TO
P
OF
BA
NK
FINISH GRADE
SUMMARY SHEET FOR LOCATION)
(SEE WETLAND IMPACT
DIVERSION STRUCTURE
ITEM 503.1, WATER
SIZE AND GRADATION)
SPECIFICATIONS FOR STONE
(SEE NHDOT STANDARD
583.4, RIPRAP CLASS V
1'-0"
8
WETLAND IMPACT SECTIONS
[email protected] or (603) 271-2147 NHDES Wetlands Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095
www.des.nh.gov Permit Application – Revised 6/20/2016 - Valid until 12/31/2016 Page 5 of 5
14. IMPACT AREA: For each jurisdictional area that will be/has been impacted, provide square feet and, if applicable, linear feet of impact Permanent: impacts that will remain after the project is complete. Temporary: impacts not intended to remain (and will be restored to pre-construction conditions) after the project is complete.
Bank - Perennial stream / River 761 / 134 ATF 632 / 145 ATF
Bank - Lake / Pond 156 / 54 ATF / ATF
Tidal water / ATF / ATF
Salt marsh ATF ATF
Sand dune ATF ATF
Prime wetland ATF ATF
Prime wetland buffer ATF ATF
Undeveloped Tidal Buffer Zone (TBZ) ATF ATF
Previously-developed upland in TBZ ATF ATF
Docking - Lake / Pond ATF ATF
Docking - River ATF ATF
Docking - Tidal Water ATF ATF
TOTAL 1,077 / 268 991 / 247
15. APPLICATION FEE: See the Instructions & Required Attachments document for further instruction Minimum Impact Fee: Flat fee of $ 200 Minor or Major Impact Fee: Calculate using the below table below
Permanent and Temporary (non-docking) 2,068 sq. ft. X $0.20 = $ 413.60
Temporary (seasonal) docking structure: sq. ft. X $1.00 = $