19970618 Ver 1_Complete File_19970707

State of North Carolina
Department of Environment,
Health and Natural Resources / AT*KMAI •
Division of Water Quality
James Hunt, Jr., Governor p E H N (-
Jonatha an B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 28, 1997
McDowell County
WQC 401 Project #970618
TIP No. B-2847
APPROVAL of 401 Water Quality Certification
Mr. Frank Vick
N.C. DOT
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions, for the purpose of survey
activities at North Muddy Creek, as you described in your application dated 3 July 1997. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3127. This Certification allows you to use Nationwide Permit Number 6 when
it is issued by the Corps of Engineers. 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.
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). For this
approval to be valid, you must follow the conditions listed in the attached 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 Dorney at 919-733-1786.
Sincerely,
ton o d, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
970618.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
Map
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201
July 3, 1997
U. S. Army Corps of Engineers
Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN: Mr. Cliff Winefordner
Chief, Southern Section
Dear Sir:
9l766?Q
GARLAND B. GARRETT J R.
SECRETARY
401 ISSN
SUBJECT: McDowell County, Replacement of Bridge No. 65 over North Muddy
Creek on SR 1760; Federal Aid Project No. BRZ-1760(2), State Project
No. 8.2870701; TIP No. B-2847.
Attached for your information is a copy of the project planning document for
TIP No. B-2847 prepared by the North Carolina Department of Transportation (DOT)
and signed by the Federal Highway Administration (FHWA) on November 26, 1996.
The project involves replacing Bridge No. 65 over North Muddy Creek on SR 1760. The
new bridge will be placed within the existing corridor on the southwest side of the
existing bridge (see Figure 2 in the document). During project construction, traffic will
be maintained using the existing bridge. No jurisdictional wetlands will be impacted by
the subject project.
As noted in the Categorical Exclusion (CE) prepared for the subject project,
foundation investigations will be needed for this project. It is anticipated that this activity
may be authorized under a Section 404 Nationwide Permit 6 (Survey Activities). This
work would not require notification if not for the fact that this project lies in a mountain
trout county.
Enclosed is a project site map, as well as a completed preconstruction notification
form for a Section 404 Nationwide Permit 6 and 401 Water Quality Certification. These
permits are necessary for survey work within North Muddy Creek. The DOT is also
requesting that the NC Wildlife Resources Commission provide comments to the COE
concerning this permit request. The DOT understands that written concurrence from the
t?
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Division of Water Quality (DWQ) for 401 Water Quality Certification (No. 3127) is not
required, although a copy of the Permit Application is enclosed for their records. General
conditions of this 401 Water Quality Certification will be followed.
As noted, copies of the CE will be distributed with this permit application. The
DOT plans to apply for a Section 404 Nationwide Permit 23 and appropriate 401 Water
Quality Certif cation at a date closer to bridge replacement.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone] extension 314.
Sincerel ,
H. ranklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Bob Johnson, COE, Asheville
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. William Rogers, P.E., Structure Design
Ms. Stephanie Goudreau, WRC, Marion
Mr. Mark Cantrell, USFWS, Asheville
Mr. Kelly Barger, P.E., Program Development
Mr. Don Morton, P.E., Highway Design
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. Tom Shearin, P.E., Roadway Design
Mr. W. D. Smart, P.E., Division 13 Engineer
Mr. Bill Moore, Geotechnical Unit
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE -CONSTRUCT 2 ON NOT 2 F =CAT = ON AP PL = CAT 2 ON
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY. OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch
2. MAILING ADDRESS: Post Office Box 25201
CITY: Raleigh STATE:
SUBDIVISION NAME:
NC
ZIP CODE: 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
H. Franklin Vick, P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY : McDowell NEAREST TOWN OR CITY: Marion
T.I.P. No. B-2847
6
1
Y
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : exit 90 off I-40, then south on SR 1760 until
crossing of North Muddy Creek
6. IMPACTED OR NEAREST STREAM/RIVER: North Muddy Creek
RIVER BASIN: Catawba
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT,
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS
(WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN: _
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [X] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
bridge replacement (Nationwide 23)
TIDAL SALTWATER (SA),
(ORW), WATER SUPPLY
2
F
13. PURPOSE OF PROPOSED WORK: foundation investigation for future bridge replacement
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY 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) (SEE AGENCY ADDRESSES SHEET)
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. DATE CONTACTED: March 26, 1996
(see appendix of document) (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: April 4, 1996 (see appendix of attached Categorical Exclusion)
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [X] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES r] NO [ ]
4
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 141 18, 21, 26, 29,
AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Rural, forested tracts
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
5
N R' /AGENT'S SI ATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
V-0!/
M?TEo
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
June 11, 1997
MEMORANDUM TO: Phillip Todd
AJ,eSpec'alist
FROM: m Buck, P.E.
Project Planning Engineer
SUBJECT: McDowell County, Replacement of Bridge No. 65 over
North Muddy Creek on SR 1760, Federal Aid Project No.
BRZ-1760(2), State Project No. 8.287070 1,
TIP No. B-2847
The selection of Alternate B for the subject project was based on several factors:
Design Criteria - Alternate B requires a design exception for a 7 degree horizontal
curve. Alternate A requires a design exception for a 14 degree horizontal curve and a
vertical design exception. The Roadway Design Project Engineer recommended
Alternate B.
2. Cost - Alternate B cost $283,000 less than Alternate A.
3. Recommendation of Division Engineer - The Division Engineer recommended
Alternate B. With six school buses crossing the bridge a day, the Division Engineer
recommended maintaining traffic on the existing bridge.
4. Fewer Impacts to Terrestrial and Aquatic Communities - Alternate A with the
temporary detour impacts 3.52 acres; Alternate B impacts only 2.83 acres.
5. Fewer Impacts to Residents - The temporary detour structure impacts two residences
and more land than Alternate B.
Based on these factors, Alternate B was recommended. If you need further information
please contact me at Extension 266.
cc: Gordon Cashin
JAB/jab
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