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HomeMy WebLinkAbout19890217 Ver al_Complete File_20100726SEVE Fr ._ r? 7wM"'?• State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION November 27, 1,989 MEMORANDUM TO: William Mills / Program Planning Unit (' 1 THROUGH: Forrest R. WestallP` ?Water Quality Regional Supervisor FROM: Michael R. Parker Environmental Specialist SUBJECT: Comments and Recommendations N. C. DOT US Highway 25-70 CESAW-CO90-N-058-0037 Madison County I have reviewed the project and offer the following comments and recommendations: 1. Little Hurricane Creek is classified as C--trout waters. 2. Any material removed from the new channel should be deposited or disposed of in a manner so as not: to reenter State surface waters. Stabilization of this material by seeding should be accomplished to minimize the possibility of runoff. 3. Any fill material placed in the stream should be clean riprap material free of fines. 4. When the channel change is made the existing stream should be prevented from entering the new channel until it is completed and ready for use. 5. When the old channel is divested to the new channel care should be taken to minimize the effects of sedimentation and turbidity on aquatic life. Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704251-6208 An Equal Opportunity Affirmative Action Employer r William Mills Memorandum November 27, 1989 Page Two 6. When the stream is diverted into the new channel, the old channel should be scouted for live fish. Any fish found in the old channel should be planed back in the stream. 7. Since there will be channel changes to Little Hurricane Creek it is recommended that boulders be placed in the new channels to serve as stream deflectors and to create pools and riffles for new aquatic habitats. 8. All types of erosion control devices should be utilized in accordance with Best Management Practices (BMP'S) as published in "Erosion and Sediment Control Planning and Design Manual" published by the N. C. Sedimentation Control. Commission. All disturbed areas should be seeded as soon as possible. Should you have questions, please call me at 704/251-6208. /fC: State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor November 30, 1989 Mr. Charles Hollis Corps of Engineers P. 0. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Hollis: William W. Cobey, Jr., Secretary In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice .... 0037 dated November 9, 1989 which describes a project proposal by the N. C. Department of Transportation, Division of Highways of Raleigh. The project, involving stream channel relocation to facilitate highway improvements, is located along Little Hurricane Creek and U. S. Highway 25-70, near Hot Springs, in Madison County. Based on a coordinated agency review, the state interposes no actual objection to the project. Responding agencies have expressed concern over "pre-Notice" impacts and expected future impacts due to the extensive amount of work in a sensitive area. Waters in the project area carry "trout waters" and "Special Interest Natural Area" (USFS) designations. To help reduce inevitable impacts, responding agencies offered the following: N. C. Wildlife Resources Commission 1. Improve and maintain existing erosion control structures. Seed all disturbed areas within 50 feet of the stream channel. 2. Obtain for use as a settling basin the small dam and pool at the junction of Little Hurricane and Big Laurel Creek. Regularly remove the sediments and dispose of them in stable high ground areas. 3. Incorporate meanders into all channel changes. 4 Install eccentric reducers (expanders) on the lower end of each culvert to reduce water velocities before they reenter the existing or reconstructed channel. Division of Parks and Recreation, effective control of all sediment However, that agency recommends all impacts. Natural Heritage Program - fears that is "highly unlikely" in this terrain. possible measures be employed to reduce P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 91 37 3 3-498 4 An Equal Opportunity Affirmative Action Employer Mr. Charles Hollis Page 2 November 30, 1989 For the record, the Division of Environmental Management issued Section 401 Water Quality Certification No. 2404 for this project on November 27, 1989. It is noted that the subject Certification includes extra conditions for reducing impacts in this sensitive environment. This state viewpoint position supports these measures and appeals to the DOT to carry out and provide long range monitoring on the measures suggested. Should you require additional input from the state on this matter, do not hesitate to contact this office or the responding agencies. Very sincerely, `?"?'? 1 John Parker, Jr. Inland '404 Coordinator JRP:jr/aw cc: Wildlife Resources Commission Division of Parks and Recreation Division of Environmental Management Division of Land Resources ?7yA ?a $LAJF o Finn State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 November 27, 1989 R. Paul Wilms James G. Martin, Governor William W. Cobey, Jr., Secretary Director Mr. L. R. Goode, Manager Program and Policy Branch N.C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Dear Mr. Goode: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Highway Improvements U.S. Highway 25-70 N.C. Department of Transportation Little Hurricane Creek Madison County Attached hereto are two (2) copies of Certification No. 2404 issued to North Carolina Department of Transportation dated November 27, 1989. If we can be of further assistance, do not hesitate to contact us. Sincerely, A&Lal? R. Paul Wilms Attachments cc: Wilmington District Corps of Engineers Aprheville Regional Office Or. William Mills Mr. John Parker P.O. Box 27687, Raleigh, North Carolina 27611-7087 Telephone 919-733-7015 NORTH CAROLINA Madison County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to North Carolina Department of Transportation pursuant to an application filed on the 9th day of November, 1989 to construct improvements to U.S. Highway 25-70 near Hot Springs. The Application provides adequate assurance that the discharge of fill material into the waters of Little Hurricane Creek in conjunction with the proposed highway improvements in Madison County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 10 NTU's or less are not considered significant). 2. That material removed from the new channel should be deposited and disposed of in such a manner as to not reenter State surface waters. Stabilization of this material by seeding should be accomplished to minimize the possibility of runoff. 3. That fill material placed in the stream should be clean rip rap free of fines or debris. 4. That when the channel change is made, the existing stream should be prevented from entering the new channel until it is completed and ready for use. 5. That when the old channel is diverted to the new channel care should be taken to minimize the effects of sedimentation and turbidity on aquatic life. 6. That when the channel is diverted, the old channel shall be scouted for live fish and the live fish found shall be placed back into the stream. CERTIFICATION (CONT.) 7. That boulders be placed in the new channels to serve as stream deflectors and to create pools and riffles for new aquatic habitats. 8. That all types of erosion control devices should be utilized in accordance with the Best Management Practices (BMP's) as published in "Erosion and Sediment Control Planning and Design Manual" published by the North Carolina Sedimentation Control Commission. All disturbed areas should be seeded as soon as possible. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 27th day of November, 1989. DIVISION OF ENVIRONMENTAL MANAGEMENT L . Paul Wilms, Director WQC# 2404 .i ?sa srATe°? r State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION November 27, 1989 MEMORAI3ltD TO; William Mills Program Planning Un??,it THROUGH: Forrest R. Westallo Water Quality Regional Supervisor FROM: Michael R. Parker Environmental Specialist SUBJECT: Comments and Recommendations N. C. DOT US Highway 25-70 CESAW-0090-N-058-0037 Madison County r I have reviewed the project and offer the following comments and recommendations: 1. Little Hurricane Creek is classified as C-trout waters. 2. Any material removed from the new channel should be deposited or disposed of in a manner so as not to reenter State surface waters. Stabilization of this material by seeding should be accomplished to minimize the possibility of runoff. 3. Any fill material placed in the stream should be clean riprap material free of fines. 4. When the channel change is made the existing stream should be prevented from entering the new channel until it is completed and ready for use. 5. When the old channel is diverted to the new channel care should be taken to minimize the effects of sedimentation and turbidity on aquatic life. Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-151.6208 An Cqual Opportunity Affirmative Action Employer .,- I- I - II 4 r6 . ? T rOCT 1 7 nMI 20 - d joioi William Mills Memorandum November 27, 1989 Page Two 6. When the stream is diverted into the new channel, the old channel should be scouted for live fish. Any fish found in the old channel should be placed back in the stream. 7. Since there will be channel changes to Little Hurricane Creek it is recommended that boulders be placed in the new channels to serve as stream deflectors and to create pools and riffles for new aquatic habitats. S. All types of erosion control devices should be utilized in accordance with Best Management Practices (BMP'S) as published in "Erosion and Sediment Control Planning and Design Manual" published by the N. C. Sedimentation Control Commission. All disturbed areas should be seeded as soon as possible. Should you have questions, please call me at 704/251-6208. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 CESAW-C090-N-058-0037 November 9, 1989 15 DAY PUBLIC NOTICE THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, POST OFFICE BOX 25201, RALEIGH, NORTH CAROLINA 27611 has applied for a Department of the Army (DOA) permit TO DISCHARGE FILL MATERIAL INTO LITTLE HURRICANE CREEK AND TRIBUTARIES THEREOF IN CONJUNCTION WITH ROAD IMPROVEMENTS AND WIDENING OF A 2.4 MILE SEGMENT OF U.S. HIGHWAY 25-70 NEAR HOT SPRINGS, MADISON COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the discharge of approximately 215 cubic yards of earthen borrow material below the ordinary high water elevation of Little Hurricane Creek and its tributaries. Approximately 1,900 linear feet of the creek will be placed in culverts or channelized in order to accommodate the highway improvements. Sedimentation controls to be utilized will include silt fencing, sediment basins, brush barriers and riprap check dams. Little Hurricane Creek is a direct tributary to Big Laurel Creek and both are considered tributary trout waters by the N.C. Wildlife Resources Commission. Portions of the highway improvement project were previously completed under nationwide permit authorization. Discretionary authority exercised by the Wilmington District removed such authorization as of October 13, 1989 which now necessitates individual permit authorization for the remainder of the jurisdictional work to be completed. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DOA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DOA permit be issued until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. -2- The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this DOA permit will not be made until the DEM issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the v -3- Clean Water Act. The application and this public notice for the Department of the Army permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after Jauuary 2, 1990. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 27, 1989, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be be received in this office, Attention: David Baker, until 4:15 p.m., November 24, 1989, or telephone (704) 259-0856. NORTH CAROLINA WILDUFE .000, 'to A rim, MADISON limp" r MADISON CO. •, ., ,,; M .1.11 y.:F'? .' A .4 •. .. is a W ALM" ?I PAP NORTH CAACWMA CCA "or sp"mas • ;. ire j{ TiiAN'.ii?OR1?71CM1 ?p1. •J• 'r°+.:t r •.5. N .. I .I QIVISLd1 CR m9aftLys ?y+ ? .f1 '` .:J 14 /LpIrN110 iw0 QlSG ? ° " ..?.M`. "? ?N J i ? ,? >• rail GEOGRAPHIC LOCATIC g F us 25-70 R-1011 Q MADISON COUNTY ?` * BROAD 2 / s s }t r ;IV 1 ?d• lUl l A6 rPROJECT 8106030 3 7 ? w I rr i r•? t f 7 M s 9 wr .. r ? > Z °+ x • Ix 11121 O z ?I f ! rr z o r • w • ? • ? t w w • w w ? f? ?f •Pi 7 9 ? ? ? ?Fcr { ?? ?;F?•?E •• \ aq ....................... ... f 1 F •? 0 9 Ttl z ? ? Rata ?!t•.raD= I GT i J ° J \\ Old, 4 IN 1 rN ` 1 ' h 1 'z s ?? t /? i1r ?I lb, I' /7, i 170 t ?L 1 ? O aN 1 ?o- i a ? 11 r ?• f 5 A I I AM 1 Y Js o; I !c 01 .., r r o; r a l' e lob ? o f Ip? i ~ 1 Or .! r Oi o ? .I " w let r IS/ ` t I -41-1TA-4WC-H-7/Yl Mil °TT G? '7?T-A AI t i ?. i iM i° ?• 1® O 1 i • :? ? ` ? r' og 1?' P ro?a se??• 1• ?\ r s • °p? I I "'IF T I / O W r. ?? 1 1 f wr / a i • .?OA.Z alb ?e9 iW ? 1 .r + q s w• . I' 'p • ?' i .00 O +, •'' Oro , ?? 00 ?? `?? lot Vol de 1' I f p 01 Ile \ O ri • S 1 I-q • l i ? 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' 1 i ,Q J o Co 7 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 CESAW-C090-N-058-0037 15 DAY PUBLIC NOTICE November 9, 1989 ?X?r, THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, POST OFFICE BOX 25201, RALEIGH, NORTH CAROLINA 27611 has applied for a Department of the Army (DOA) permit TO DISCHARGE FILL MATERIAL INTO LITTLE HURRICANE CREEK AND TRIBUTARIES THEREOF IN CONJUNCTION WITH ROAD IMPROVEMENTS AND WIDENING OF A 2.4 MILE SEGMENT OF U.S. HIGHWAY 25-70 NEAR HOT SPRINGS, MADISON COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the discharge of approximately 215 cubic yards of earthen borrow material below the ordinary high water elevation of Little Hurricane Creek and its tributaries. Approximately,1,900 linear feet of the creek will be placed in culverts or channelized in order to accommodate the highway improvements. Sedimentation controls to be utilized will include silt fencing, sediment basins, brush barriers and riprap check dams. Little Hurricane Creek is a direct tributary to Big Laurel Creek and both are considered tributary trout waters by the N.C. Wildlife Resources Commission. Portions of the highway improvement project were previously completed under nationwide permit authorization. Discretionary authority exercised by the Wilmington District removed such authorization as of October 13, 1989 which now necessitates individual permit authorization for the remainder of the jurisdictional work to be completed. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DOA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DOA permit be issued until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. -2- The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national. concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this DOA permit will not be made until the DEM issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the t -3- Clean Water Act. The application and this public notice for the Department of the Army permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after Jauuary 2, 1990. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 27, 1989, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be be received in this office, Attention: David Baker, until 4:15 p.m., November 24, 1989, or telephone (704) 259-0856. 1 NORTH CAROLINA .000, 'to • ! ore M DISO r MADISON CO. .WILDUFE za ,.•c? _ is v.•.Y• ?. .ice y ?7 .?,; / - j?! ?. • •.i-.? WAW1lf ? Ili! PAP M 1M np1 SAGS •'•i!• ;. ?irr ? µ? !?l.! ? ??w 7 •:4::MI ?,I rE'EM&- PRO " • '?? BROAD TpAM1111MV1171 N orvwm Of hIKimys Y-7 PLANMINO ANO nCSUP104 WAh • GEOGRAPHIC LOCATION US 215•-70 R-1011 MADISON COUNTY 2/86 t FIG . 1 . t r -1011 A6 • rPROJECT! &.H030 3 E s tM f 3 M s Z .. r I p m f? ? rr y _ v .. laid o ?o?cz z p:. Q ?h w? H S C rn 4 . . . . . . . . . . . . . . . . ?i $t! I s f,?I ? I{I N I' ? ?.«a i' ! r =) a o t I. I; rr ? ra 1 .• ¦ ? 4 d n0 AL ?sr.reD3 M , Ott, 1 A Ic \\, vN ? t ? 1 \ 1 ? . ?, a ? l .? 46 /I. r? CAI ?i N \ , h/ i r 170 f1 ti. 1 two ?^ 1 'r 1 / / I ? 175 a r l . ? r ,r r l i Pi r " r ? ?w h a 1 1 1 A? / \\1 1 .. f .3 '3r hit ?r o7 / f e I '111T A 11 IrU 1l'•. ^1 !'9L T T /l"1 1 .\ 1 •IVV ? r- 07 11 • "1 I-VL-PIJf?L V 1LLL X16 I rp e. iT -N ? : e p y !I i i ii IO ?j ?® ?` s Y I+ ,n. ? I - • _8C 4 i- 1-0 95 i j o,? ors xe , w:? .° ?•JM4 ? r f $ x / y I o ?N r O? oe ° - 440,1 CP f / ,- r/ J o ? M w? N D / o M Aup 205 Ila )nl f", -0 i s as I l; \ / Y ? 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J "1 n / ('i0V 02 '89 1144 (UL-HaHLV1LLL fl I '? \ f ?f 1 \ I t 1 \ / 111 i f I f ? 1 44 i i / / r / / ?V f v, f0 V ! \ w ' bw' W ? W / v 02 I 4cr tnm ! t 1 / / s s i ! !v i i tV 11-1 I . 1J? fv 1J ••' Z- f1 r? N 02 '39 1144 COE7PSHEVILLE It H b IR dG P.14/19 Q O x r. x . n 1 ? tv V O ta ti ,, C r C W h ?? W H f V d r KVM L - (IJ 4 -17"-'J 0-- - -- O o q.. v ?x c? oc It h M ? Pl° t 02 '89 1145 COE-ASHEVI LE P . l b/ 19 10 N - Ado .,yam ? x IMF w .1 L? n c NOV 02 '99 11:46 C OE-ASH EVILLE 0O7N ?. A 00 r.rr ily P 0.0 d; lol? 0 •o 00 , . a v p x 0 a? L F7G ' dli II (-UL-K:)HL V 1 n - Ado r F'+. lb/17 I d r H a ? o Ali + F t {i I M ?? J a i dw d? ? o ? Cl) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS ' P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 8, 1989 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. CESAW-C090-N-058-0037 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of NCDOT for a Department of the Army permit and a State Water Quality Certification to place excavated/fill material in Little Hurricane Creek and tributaries thereof in conjunction with U.S. Highway 25-70 improvements near Hot Springs, Madison County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by January 2, 1990, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. David Baker in our Asheville Regulatory Office at (704) 259-0856. Sincerely, t . a e Wri t cting Chief, Regulatory Branch Enclosure • r -2- Copy Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 SrATF A wNn,r ? f L4 Vr. S ?dl+, Lei J e?9 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION -iw ?• P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN DIVISION OF HIGHWAYS GOVERNOR October 27, 1989 JAMES E. HARRINGTON GEORGE E. WELLS. RE, SECRETARY STATE HIGHWAY ADMINISTRATOR Mr. Bob Johnson . ??d? , ?? U.S. Army Corps of Engineers ?1'D- Asheville Field office 37 Battery Park Ave., Rm 75 Grove Arcade, Federal Building Asheville, North Carolina 28801 Re: US 25-70 improvements, Madison County (R-1011AB) Dear Mr. Johnson: Enclosed is our application for issuance of a 404 permit in association with improvements currently underway on the above referenced project in Madison County. Please consider the enclosed information as a supplement to the data previously provided. As indicated in prior correspondence, a maximum total of 1900 linear feet of Little Hurricane Creek will be placed in culverts or channelized in order to accommodate improvements. Approximately 211.11 cu. yds. of fill will be placed below ordinary high water. Please contact Mr. Jerry McCrain at 919-733-Y7842 if additional assistance is required. sincerely, L.R. Goode, Ph.D., PE Manager, Program and Policy Branch cc: Mr. W.M. Ingram, PE; Mr. Tommy Peacock, PE; Mr. A.L. Hankins, PE; Mr. Don Morton, PE; Mr. D.L. Squires, PE; Mr. Belton Sessoms, PE; Mr. G.R. McCrain; Mr. Paul Lariviere, FHWA An Equal Opportunity/ Affirmative ACUon Employer NOV 02 '89 11 38 COE-AEHE ILLE P 3/13 t? w.. ? r • i r ny r ?, ?, t . t PERMIT TO EXCAVATE AND/OR FILL, WA8 QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA FUM I FOR MAJOR DEVELOPMENT Department of Admtnlstratlen State of North Carotins Department of dw Army (GS 146.12) D.partn ent of Natural Raourat PW Communswa..iop.Al Qorps of EKfnMrs, Wilmington Mad (GS t13.229,143.215.3(a)i1), 143.215.3(c), 113-7 (33 GFR 209.320.3291 Please type or print and fill in all blanks. If information is not applicable, to odaee by placing N/A in blaaL ATTN: Dr. L. R. Goode, PE, Manager, Program & Policy Branch 1. Applicant Informaticit A. Name N. C. Department of Transportation - Division of Highways Last First Middle 8. Address P• O. Box 2 5 2 0 1 Street, P. O. Box or 4.mm Raleig h, North Carolina 27611 (919) 733-2031 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County Madison B. 1. City, town, community or landmark Hot Sprincis 2. Is proposed work within city limits? Yes.-._... No .,. X C. Creek, river, sound or bay upon which project is located or nearest narM =4 of water to project Little Hurricane Creek Ill. Description of Project Widening; A. 1. Maintenance of existing project 2, !ltbrl Road Improvements B. Purpose of excavation or fill ?twf 1. Access channel length width depth 2. Boat basin length- width depth 3. Fill area length 1.9011 . r width Ave 'A rdpth 11 4. Other length width depth C. 1. Bulkhead length Average distance waterward of MHW siordine) 2. Type of bulkhead construction (material) N/A 0. Excavated material (total for project) 1. Cubic yards N/A 2. Type of material E. Fill material to be placed below MHW (set also VI. A) t. Cubic yards 211.11 2. Type of material Suitable Borrow IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area tt, be excavated include any marshland, swamps or othr wand? Yes .NZA- No B. Does the disposal area include any marshland, swamps or other wetland 'firs No C. Disposal Area N/A 1. Location 2• Do you claim title to disposal area'! D. Fill material source if fill is to be trucked in Suitable Upland Borrow E. How will excavated material be entrapped and erosion controlled? Silt Fencing; Sediment Basins; Brush Barriers; Check Dams F. Type of equipment to be used Hi hwa Construction ui nt G. Will marshland be crossed in transporting equipment to project situ 1• explain NO Oat F-91 Aev. 10172 HOV 72 '39 11:39 1:0E-HSHE`/ILLE P. 4:'19 f' V. Intended' of Lirnofeet Area (Deciribe) A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other Roadway S. 1. Lot size(s) N/A 2. Elevation of lot(s) above mean high water N/A 3. Soil type and texture N/A 4. Type of building facilities or structures N1h 5. Sewage disposal and/or waste water treatment A. Existing NJ_n „ Planned 8. Describe 6. Land Classification (circle one) DEVELOPED' TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synop! Vt. Pertaining to Fill and Water Quality; Ordinary A. Does the proposed project involve the placement of fill materials below X&M high water? Yes X No ;. S. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No X 2. Type of discharge N/A 3. Location of discharge-- _N/A V11. Present rate of shoreline erosion (if known): N/A _ Vlll. List permit numbers and iswe dates of previous Department of Army Corps of Engineers or State permits for . work in project area, if applicable: IX. Length of time required to complete project: 2 Years X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on SA X 11" white paper (see Instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G_S. 113.229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. U. S. Forest Service P. 0. Box 21750 ATTN: Mr. Ralph Bauman Asheville, NC 28802 nds & Mines officer XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina% approved coastal management program and will be conducted in a manner consistent with such program. Xfl. Any permit issued pursuant to this application will allow only the development described in this appli• cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE Applicant's Signature Manager, 40gram & Policy Branch I'1- 1V VJG 07 11 37 '-IJL-"Mrlr-'J IL- LC-NORTH CAROLINA 'e' :IS! N } ? iw MADISON CO. a • ??..? ?. ... rid • __r •?•.. _ TO vor WILDUFE. is i+ll! WAWA 0 till •4„ ocif-liki Mon. .7 K110? r MR6 BROAD 2 / s s mom "nut" QCP*J wm YRANWORI' 7M ONUMN OF Hamm /-MWNO Alto KIEWAPW SK GEOGRAPHIC LOCATION us 2s-70 R-1011 MADISON COUNTY FIG. PROJECT ( 8., 1860303 R iOll A6 s • B s s tr? e? 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