19930403 Ver 1_Complete File_19930524

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
AWN%
James B. Hunt, ,Secreta C) Adftm
Jonathan B. Howes, Secretary
E H N F=?
A. Preston Howard, Jr., P.E., Director
May 24, 1993
Mr. Larry Cordell
Bridge Maintenance Supt.
N.C. Dept. of Transportation
20 OLD 74
Asheville, N.C. 28803
Dear Mr. Cordell:
Subject: Proposed fill in Wetlands or Waters
Road improvements, SR 1346
• Madison County
DEM Project # 93403, COE # 199302092
Upon review of your request for 401 Water Quality Certificftion to place fill material in
waters which are tributary to Bear Branch for road improvement located at SR 1346 in
Madison County, as described in your submittal dated 7 May 1993, we have determined that
the proposed fill can be covered by General Water Quality Certification No. 2732 issued
January 21, 1992. A copy of the General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 14.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
eston Howard, Jr. P. .
93403.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10% post-consumer paper
31993
STATE OF NORTH CAROLINA SGROUP
LITYSECTION
DEPARTMENT OF TRANSPORTATION
JAM[ 1?. I IHNI. IR. DIVISION 01' HIC6I IWAYS SAM HONI
(;()VI molt SI VRI IARY
May 7, 1993
Larry J. Cordell
Bridge Maintenance
20 Old 74
Asheville, NC 28803
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney,
I am enclosing the information for the 401 permit for temporary pipe
to be placed in Bear Branch in Madison County N.C..
This is in reference to applicatio to epartment of the Army (Action
ID 199302092) and Nationwide Permit No k14 Woad Crossing). We were
instructed by copy of permit to contact- to insure that we have complied
with state water quality certification requirements.
Attached are the original permit application to U.S. Army Corps of
Engineers along with plan and profile and vicinity maps plus comments from
Mickey Clemmons, District 9 Fisheries Biologist.
Thank you for your prompt attention to this matter.
Very truly yours,
f,A,-,?, ? , Czt&?
Larry J. Cordell
Bridge Maintenance Superintendent
LJC/ABS/ls
W/ Encl.
cc: file
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DEM ID: q 5q0
ACTION ID: tcf y3c Zo9Z
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
2. OWNERS ADDRESS:
Z88Ual
3. OWNERS PHONE NUMBER (HOME): (WORK): 7o4- Z9 8' - // 2 8
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: /J /A
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: AU P i s 0 N
NEAREST TOWN OR CITY: A ?S /L
SPECIFIC LOCAT?IaO?1.NI(INCLUDE ROAD NUMBER
, LHIYLP1HttItJ, blt,. J : B?(i,r FjrCtns,h
n I
6. NAME OF CLOSEST STREAM/RIVER: BEA2. i\? C44
7. RIVER BASIN: ?. 4y2 Z 1- P- Oj C-44 SroC? n
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES >" NO k
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY?
Y

IF YES, EXPLAIN.

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10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
.r TL, L4i'0/tea ?t?G??i.ri? •1 /r s,?r J7a ' ? °i?
Z 0 0 Lj> 1
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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: $
DRAINED: --E3-
--?}-
FLOODED:
EXCAVATED: $
TOTAL IMPACTED:
12. DESCRIPTION 9F PROPOSED WORK (ATTACH PLANS): rr??
er ? r
?/1 59 'r X Gel ' o v,-,
13. PURPOSE OF PROPOSED WORK: Tie t-som, rL , i i ltn pro J id-e- aLecect 4-13 dra I I '-I
rias for sybsot?acp iru/es7haa- a-it :ea- 'f ?rnaoSee/ _- ` [orre/or
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO,MINIMIZE WETLAND
IMPACTS. /7,' Mork` c e oroDr', c 4cx-.eSS • -~ &!'.4
"'s !] M . l? /?J Q. i9 AQ .o' L? c ,. ) . sc1 /?? .. r
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 OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA T5 T MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 >
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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 DELINEAT:ON 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 FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? 1 c 14
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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OWNER'S SIGNATURE ' DATE
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO April 30, 1993
Regulatory Branch
Action ID. 199302092!and Nationwide Permit No. 14 (Road Crossing)
I
North Carolina Department of Transportation
Geotechnical Unit
F.R. Glass
Post Office Box 32791:
Asheville, North Carolina 28802
Dear Mr. Glass:
Reference your April 6, 1993 application for'Department of the Army
authorization to install a culvertedlroad crossing in Bear Branch off of SR
1346 in Mars Hill, Madison County, North Carolina. Theµbross.ing is to prov.i.de;t
acc ss to. drillling,. r - gaJifcz,e?subsurtaaa l
?idor. This lfa,»:.the,jAroPpsed l orII proj ct has been coo>rd?nated with the NC Wildlife Resources
Commission (WRC).
For the purposesiof the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Fe eral Regulations (CFR), Part 330.6, published in ',the
Federal Register on ovember 22, 19.91, lists nationwide permits.
Authorization, pursu nt to Section 10 of the Rivers and Harbors Act o? 1899
and Section 404 of t e Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
ja. The width of the fill is limited to the minicpum necessary for the
actual crossing;
I
b. The fill pla ed in waters of the United States is limited to a filled
area of no more than;one-third acre.; Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands,
c. The crossing!'is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete projectlfor crossing of a?water of
the'United States; and
I
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e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is ',authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached April 12, 1993 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain any required State or
local approval. It is recommended that you contact Mr. J?hn DQrne of ohs.'
State of North Ca}rol "t 7 6 "toa`insure th t''you'"bave
complied with estate"6"taat$r" quality f4 ation r qu cements.
i
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued,, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which 'have commenced (i.e., are under construction) or are under
contract to,commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis,,to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. David Baker, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
I
Enclosure
s Wrig
Chief, Regulatory Branch
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, He lth and
Natural Resourc s
Post Office Box 27687
Raleigh, North Ca?olina 27611-76$7
Mr. John Dorney
Water Quality Section j
Division of!Environmental Management
North Carolina Department of'i
Environment, Health and I
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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, includingmaintenance 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,1
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
i
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
i
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
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 Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, bu not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. J n certain states, an individual state
water quality certification must 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 ghall,,not begin work on
the activity until notified by the District Engineer that the requirements of
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 ?he U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
-2-
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 existepce of historic resources can he obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13,. Notification (€or fills in special aquatic sites, including wetlands).
a. Where requiredlby the terms of the NWP, the prospective permittee must
notify the DistrictjEngineer as early as possible and shall not begin the
activity:
i
(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 key the District or Division Engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer'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 information
and any required fees:
(1) Name, address and telephone number of the prospective permit tee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be usedlto authorize any part of the proposed.project or related
activity;
(4 Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
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(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed (or
proposed for listing) endangered or threatened species or critical habitat in
the permit area that may be affected by the proposed project; and any
available information provided by those agencies. (The prospective permitted
may contact Corps District offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in the
permit area that may be affected by the proposed project; and the available
information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occLix'
in the proximity',of a public water supply intake except where the discharge L.;
,repair of the public water supply intake structures or adjacent bank
stabilization.
15. shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly relate& to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Ma?erial. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must ?e free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States 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 regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be Q-.rpided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of 'normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the flill 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. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
1 I } ?
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REGIONAL CONDITIONS
1. All crossings must be from high ground to high ground.
2. Bulkhead and riprap structure alignments will not extend farther than an
average distance of 2 feet waterward or a maximum distance of 5 feet from the
mean high water elevation contour in tidal areas or from the normal water line
elevation contour in nontidal areas.
3. All backfill material will be obtained from an upland source and confined
landward of the bulkhead or•ripeap structure. .
4. Bulkheads and riprap structures must be impervious through.structural
tightness or the use of a suitable filter cloth and in place before 'discharge
of backfill materi4l.
5. No excavation is permitted by this general permit except, for that required
for installation of the bulkhead wall, deadmen, cables, etc,
6. This permit is not applicable to any work on Atlantic ocean beaches.
7. All fill material authorized by this permit must be obtained form an
upland source. i
i
8. Bridging is required in areas designated as anadromous fish spawning areas
by the North Carol''?na Division of Marine Fisheries or the North Carolina
Wildlife ResourceslCommission in order to allow the continued use oflupstream
waters for spawning. Use of culverts in these situations is not allowed.
STATE CONSISTENCY CONDITIONS
1. Under this permit, all crossings must be from highground to highground.
2. Under this permit, the roadway width shall be minimized as much as
practicable and that no practicable alternative exists.
3. All fill mater.4ia, authorized by this permit must be obtained from an
upland source. I
4 Established erosion control practices shall 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; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
, I
5.i Under this permlit, bridging is required in areas designated as anadromous
fish spawning areas) by the North Carolina Division of Marine Fisheries or the
North Carolina Wildlife Resources Commission in order to allow the continued
use of upstream waters for spawning. Use of culverts in these situations is
not authorized under this permit.
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6. The applicant must receive written concurrence from the North Carolina
Division of Environmental Management that the proposal is certified under the
Section 401 Water,Quality Certification Program.
i
7. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management that the activity is consistent with the North Carolina
Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
I .
1. Proposed fill or substantial modification under this General Certification
requires written concurrence from the North Carolina Division of Environmental
Management.
2. If written concurrence is not issued by the North Carolina Division of
Environmental Management within 45 days from receipt of a complete application
by the Division'sISection 401 Certification Office in Raleigh, then Section
401 Certification,is waived for this Nationwide Permit unless additional
information is requested in writing by the Director.
3. The width of the fill is limited to the minimum needed for the actual
crossing.
4. The roadway width shall be minimized as much as practicable and that no
practicable alternative exists.
5. 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, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).'
6. Measures shall'be taken to prevent live or fresh concrete from coming into
contact with waters of the State until the concrete has hardened.
i
7. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
i
8. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
i
7

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North..
_ aroluza Wildlife Resources Commission =
51-' N. Salisburv Street, Raleigh, North Carolina 27611. 919-733-3391
Charles R. Fullwood, Executive Director
Mr, Rober' Johnson, Office. Manager
u - J. Army Corps of.Eng.ineers
Regulatory Branch
Room 75, Grog/e Arcade Building
Asheville, North Carolina 28801
April 12,
SUBJECT. A rroview of an application by Mr. F.R. Glass of Norr-h
Carolina Department of Transportation (NCOOT)
Geotechnical Unit, to install a culvert in Bear- Branch
off of SR 1346 for access to do subsurface
inv$stigations,. Mars Hill, Madison County.
Mr. Gla?s is requesting a letter of concurrence from the
North Carolina Wildlife Resources Commission (NCWRC) r,o obtain a
404 permit from the U.S. Army Corps of Engineers. I have
reviewed information provided by the applicant, and I am familiar
with habitar_I,values of the project area. An onsite investigation
was conducted on April 7, 1993 to further assesses potential
construction i impacts on wildlife and fisheries; I'?sor.ar. es. Tha ,? e
comments are provided in accordance with provLsions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and thy. Fi,ih and
W. Ldlife Coordination Act (48 :Stat. 401, as amend?2d 16 U.S.C.
I -
t)61-667d)
The applicant pr'4poses to install a cut .?r r__-j srr Nam
c, o-3,;ing in ,gar Branch jus t above wher•e r
`? ;'i1 Laur°e i
r' ?e?• .. This work is propo,-.P,l so that the NCDO
T
Jn Ubtalrl jIT,Ce -ss to do sitb-;urf.5,'c3 LnVQSti ?,?r.;. an'; 31 ii1(1 I:iIP
ork)po:? ed I-26 route
Bear Branch i5 not Designated Public MOuntJin Trout Water'
(DPMTl11 However, this stream does offer good habit.rt for troth-;
and suppor-`s''a wild rainbow trout population as well as
populations of other fish species. During the sits i;it r,e
,aught, a numbs- r ?f wild trout. No federal or state lied
threatened crf endangered 5 P ecies are I. now to b,e pr>;cr,r arc. t: tl-r i.;
The NCWRC i-; conr_erned over potenri.a L .ad car ;e I lip ,r r I`o
Iquat:ic re" our•ces in r_his drainaye. We are p,lrricr.il ,rl„
#,I7 t ? 'jr? I y
•
concerned about the lack of erosion control measure,: ised a'.r
DDliC.3nr )nl other 3CcP, na(1 S j[r:h rr?,9rn
Cta i11-P.?C r'ad . The N C W R C ..) i 11 no t ob j ec r- r;;
;)-?rrnit ;jrovi j'? d tha roilowifl )ort(J ir_01' a1^ :2 ner. !;,l
applicant:
'ln 17, r'rii)rl J1r:ili.Il t7 11 "'c-r1)urf'?r :.)I1•-' ,, 1-11JIr ,.I
7LIi'1ily' .ht? tr0ur )pal)o ng per?Cd ?)r iIO:_'rnb?r r i1, _
)r jet ro protect the agg and fry- stages fr•'.)rn di,,*,ntan.
2) Waste earthen material from the project must, no 1: be alacad
any stream or wetland or within the 25-foot burr: r _ono?! )r 1I1 `:
1r"'?9llt :lasa1t1c?d .a'.i "TrolJt1 i)y ra? N.C 0i 15ii,)II )t
Cn,lir?)nmenraI Management,
? L.:'o'iLon control mea-;ures should be 1n5ta11ed i r' ro r.he
star* of con'strucr_ion and maintained until tha )rc) cr_ -3
hbn stabilized.
i ramp orar'yl ground cover I al•cwo::d rlu.?; ., .r,N, ?1•.
•3 11 0Ijld bf?'placed on all bare soil during consrr-Iar r:Lort,
Permanent vegetation in these same areas 1110 uld ),- tabLi_.; I• I
?i thin 15 i days of pr t?ct completion to pr.)Vi,) rar•In
.ro•sion control.
Ar_c=;,; pad con'. traction should Lnclud? yr ,:,\, 'i
2v9 ry reet. These water breaks should 'i1, '1111 )f'` 'r .
rhe rood end int,:t areas where sa.jLrnenr ;h2 r
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STATE OF NORTH CAROLINA
DEPARTMENT OF TkA.NSPORTATION
Jnna[s B. F1uNT. )ii
Gov DIVISION OF HIGHWAYS
t,oa
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
April 1993
PROJECT NO: 8.TB42401 (A-10C)
COUNTY: Madison
DESCRIPTION: Inte I rstate 26 From Asheville to Sams Gap
Mr. David Baker
U.S. Army Corps of F ngineers
37 Battery Park Avenue, Room 75
Asheville, N.C. 218801
Dear Mr. Baker,
SANt HUNT
SLCRETARY
The Geotechnical Unit of the North Carolina Department of
Transportation is cpnducting a subsurface investigation along the
proposed route of Interstate 26 in Madison County, from the
intersection of US-1119 and US-23, north to Big Laurel Creek. To
do this it will be necessary to construct some access roads for
our drill machines into the area.
Attached is an application for a permit to place a pipe in Bear
Branch. Crossing Bear Branch at this location will keep our
access well away from the owner's house and avoid damage to his
driveway and other property.
The property owner is aware of this work and if you have any
questions or comments, please contact me.
Sincerely,
-7
F.R. Glass
NCDOT Geotechnical 'Unit
P.O. Box 3279
Asheville, N.C. 29802
[phone]
', II

-2-
11. NUMBER OF ACRESI,OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT;
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS-8 1/2" X 11" DRAWINGS ONLY):
Place 8111x 59" x 201 oval pipe in Bear Branch.
13. PURPOSE OF PROPOSED WORK: Used f
Us or access into the proposed 1_26
route fnr c ih.a irfare invaRtiggtinng
14. STATE REASONS WHY THE APPLICANT!BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. N/A
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 OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
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[
]
'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 STORMWATFR MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. ,
E. WHAT IS LAND FSE OF SURROUNDING PROPERTY? Farming; pasture and timber.
?. IF APPLICABLE! WHAT IS PROPOSED METHOD OF SEWAGE' DISPOSAL?
------------
t1-2
4-6-93
2-
-- --?^
DATE
DEM ID: ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4):
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 2$402-1890 P.O. BOX 29535
ATTN: CESAW-CO-EI RALEIGH, NC 27626-0535
Telephone (919) 2?1-4511 ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN'(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: North Carolina Department of Transportation
2. OWNERS ADDRESS: Asheville, North Carolina
3• OWNERS PHONE DUMBER (HOME): (WORK):
4. IF APPLICABLE; AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: F. R. Glass, NCDOT Geotechnical Unit
P. 0. Box 3279
5
6
2
I ,
LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Madison
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
This site i? on Bear Branch approximately 800 feet from the
intersection of SR-1348 (Roar R7anr-h Qn=Al -4 110_0'
7. RIVER BASIN: j French Broad
8. IS THIS PROJE T LOCATED IN A-WATERSHED CLASSIFIED AS TROUT, SAP HQW, ORW,
WS I, OR WS II? YES [X] NO [ ]
I
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: N/A
1/1493
NAME OF CLOSEST STREAM/RIVER: Big Laurel Creek
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