HomeMy WebLinkAbout19970387 Ver 1_Complete File_19970502State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Daniel Holderman
N.C. Dept. of Transportation
1296 Prison Camp Road
Newton, NC 28658
Dear Mr. Holderman:
AT4 I'W
C) F= F1
May 12, 1997
Avery County
WQC 401 Project #970387
You have our approval, in. accordance with the attached conditions, to place fill material in waters for the
purpose of replacing Bridge 035 on SR 1305, as you described in your application dated 10 March 1997.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when it is
issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
Ps.Lton Howard, r. P.E.
970387.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR
March 10, 1997
1296 Prison Camp Road
Newton, N. C. 28658
Mr. Robert Johnson, Office Manager
Asheville Regulatory Field Office 0118s t
151 Patton Avenue, Room 143 c??
Asheville, N. C. 28801-5006
Dear Mr. Johnson:
2
The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following
project for your issuance of a Section 404 permit. The project involves a designated mountain county in
Western North Carolina and we believe this project can be accomplished under Nationwide Permit #14,
Road Crossing:
COUNTY: Avery
ROUTE: SR 1305, Bridge #035
STREAM: Elk River ,
DESCRIPTION: Place 300 tons of Class 2 Riprap at west abutment and west bent.
DEM designated troutwaters. No wetlands, nor HQW involved.
Approximately 200 CY of fill material below normal highwater.
With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission.
We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction and every effort will
be made to complete work in a timely manner.
Our personnel are available to assist with your evaluation of this project, if necessary. Should you
have any questions, please call me at 704-466-5525.
Attachment:
CC-Ms. Stephanie Goudreau
W. A. Kirby
File
Sincerely,
Daniel D. Holderman
Bridge Maintenance Supt.
970387
GARLAND B. GARRETT JR.
SECRETARY
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DEM ID:
ACTION ID:
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 (919) 251-4511
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 (919) 733-5083
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 TRANSPORTATION
2. OWNERS ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
3. OWNERS PHONE NUMBER (HOME):
(WORK): 704466-5525
n
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2 (? to
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4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, & PHONE #.
DANIEL D. HOLDERMAN
BRIDGE MAINTENANCE SUPERINTENDENT
1296 PRISON CAMP ROAD
NEWTON, NC 28658
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Avery
NEAREST TOWN OR CITY: Elk Park
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Bridge # 35, SR 1305
6. NAME OF CLOSEST STREAM/RIVER: Elk River
7. RIVER BASIN: Watauga River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES (X ) NO ( )
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 WETLANDS LOCATED ON PROJECT SITE: None
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: N/A
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMIPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
Place Class 2 Riprap at west abutment and west bent (200 tons at abutment, 100 tons at bent)
13. PURPOSE OF PROPOSED WORK: Provide scour protection to prevent possible undermining of bridge.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MQNIMIZE 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 ( ) NO (X) N/A
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORICE 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 ( X) No historical structures or sites
RESPONSE FROM THE SHPO SHOULD BE ATTACHED. involved. Exist. bridge built 1963
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. N/A
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Woods
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 8, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702470, General Permit No. 198200031
Daniel D. Holderman
North Carolina Department of Transportation
Division of Highways
1296 Prison Camp Road
Newton, North Carolina 28658
Dear Mr. Holderman:
4t-
Reference your application of March 10, 1997, for Department of the Army
(DA) authorization to place riprap at the west abutment and bent of Bridge No.
035 on SR 1305 over the Elk River in Elk Park, Avery County, North Carolina.
The project is to provide scour protection to prevent undermining of the
bridge. The proposal has been reviewed by the North Carolina Wildlife
Resources Commission (WRC).
On January 1, 1992, we renewed general permit No. 198200031, (copy
enclosed), that authorizes the placement of fill material associated with the
construction, repair, or replacement of bridges across navigable waters and
waters of the United States in North Carolina, including cofferdams,
abutments, foundation seals, piers, temporary construction and access fills,
approach fills, detour fills, and box culvert installation, as part of work
conducted by or in full compliance with the standards and specifications of
the North Carolina Department of Transportation (NCDOT).
Your proposed work is authorized if you can comply with all general
permit conditions, and those outlined in the attached March 18, 1997 WRC
letter. Please read the enclosed permit to prevent an unintentional violation
of Federal law. As this Department of the Army general permit does not
relieve you of the responsibility to obtain any other required approvals, you
should contact appropriate State and local agencies before beginning work.
If you have questions, contact Mr. David Baker in our Asheville
Regulatory Office at (704) 271-4856.
Sincerely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure: 3/18/97 WRC letter
4
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Ful1wood, Executive Director
MEMORANDUM
TO: David Baker, Permit Coordinator
Asheville Office, U.S. P11my Corps ofEngineers
FROM: Stephanie E. Goudreau, Eastern Mt. Region Coordinator
Habitat Conservation Program
DATE: March 18, 1997 --
SUBJECT: Review of an application by NCDOT to place riprap at the west abutment and
bent at Bridge #35 along SR 1305 over the Elk River, Avery County.
The. North Carolina Department of Transportation (NCDOT) is requesting a letter of
concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404
permit from the U.S. Army Corps of Engineers. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The Elk River is Hatchery Supported-Designated Public Mountain Trout Water. We have
no objection to the issuance of this permit, provided the following conditions are met:
1) Heavy equipment should be operated from the bank rather than in the stream channel in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants
into the stream.
2) Temporary or permanent herbaceous vegetation should be planted on any bare soil within
15 days of ground disturbing activities to provide long-term erosion control.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 704/652-4257.
cc: Mr. Daniel Holderman, NCDOT
MAR 2 0 199T