19970624 Ver 1_Complete File_19970711

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Frank Vick
NC DOT
PO Box 25201
Raleigh NC 27611-5201
Dear Mr. Frank Vick:
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 14, 1998
Madison County
DWQ Project 970624
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of a bridge replacement in Madison County, as you described in your application dated March 31,
1998. After reviewing your application, we have decided that this impact 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. 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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. 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.
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 conforming 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.
Sin Y, 2
I &QA_
'Pre on Howard, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh. NC 27607 Telephone [phone] FAX k 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Cyndi_B
From: Phillip Todd [[e-mail]]
Sent: Thursday, June 04, 1998 6:04 AM
To: [e-mail]
Subject: B-2584
Cyndi:
Eric Galamb called at the end of March/ beginning of April and requested a CE for the project
(TIP No. B-2584, Madison County). I obliged him in a letter to John Dorney dated April 9. Any
word from you all about this project. Thanks for looking into it.
SUTE
STATE OF NORTH CAROLINA I?
DEPARTMENT OF TPANSPORTATI Ce 23
JAMES B. HUNT JR. RO. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
April 9, 1998
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Attention: Mr. John Dorney
Dear Sir:
`gal 1(, ?`=.:;?
PpR ` r? 1998
` At?
.?WFR Ut??Qv ., ..?•
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek on
SR 1319; Federal Aid Project No. BRZ-1319(1); State Project No. 8.2860301;
TIP No. B-2584; COE Action ID 199707138; DWQ project # 970624.
As you are aware, the North Carolina Department of Transportation (NCDOT) proposes
to replace the existing bridge on SR 1319 over Big Laurel Creek with a new bridge on new
relocation, west of the existing bridge (described as Alternate 1 in the Categorical Exclusion).
Traffic will be maintained on the existing bridge during construction. Big Laurel Creek is
classified by the North Carolina Wildlife Resources Commission (WRC) as a Hatchery
Supported Designated Public Mountain Trout Water.
The NCDOT received authorization from the Corps of Engineers (COE) under a
Section 404 Nationwide Permit 6 (Survey Activities) to conduct foundation investigations for the
proposed bridge replacement (COE Action ID 199707138, DWQ project # 970624). Along with
the pre-construction notification for this nationwide permit, the DOT sent a copy of the project
planning report to the appropriate resource agencies, a Categorical Exclusion (CE).
Based on a conversation with Mr. Eric Galamb of your staff, the DWQ does not retain a
copy of the CE for the project that was distributed with the previous 401 Water Quality
Certification (WQC) for Section 404 Nationwide Permit 6 application. Attached to this letter is a
NO
2
copy of the CE and a new application for the appropriate 401 WQC for Section 404 Nationwide
Permits 23 and 33. Also attached to this letter is another preconstruction notification for the
appropriate 401 WQC and an additional set of permit drawings.
If you have any questions or need any additional information, please contact Mr. Phillip
Todd at [phone], Extension 314.
Sincerely,

David C. Robinson, Ph.D., P.E., Asst. Manager
Planning and Environmental Branch
DCR/pct
DEM :D: 970624 (;ORPS A('T-'ON :D: 199707138 T.1.P. No. B-2584
NATIONWIDE PERMIT REQUESTED ;PROVIDE NATIONWIDE PERMIT )#): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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:
David C. Robinson, Ph.D., P.E., Assistant Branch Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Madison NEAREST TOWN OR CITY: White Rock
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS- PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ I NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION:
FLOODING:
OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
x
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted.
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:
By copy of letter (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: July 14, 1996 and January 26, 1995
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 [xl NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [x] NO [I
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].
4
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 14, 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
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.
OWNER'S/AGENT'S SIGNATURE
?T/
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
State ?:r Ncrth C;_ rolinca
Department or Envircnmenl,
Health and Natural Resources
Division of Water Quality
Jamos 13. Hunt, Jr.. Governor
Jonathan B. Howos, Secrotary
A. Preston Howard, Jr., P.E.. Director
July 29, 1997
Madison County
DWQ Project # 970624
TIP No. B-2584
-?- Jug
17
APPROVAL of 301 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
-You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. 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 except
as modified below. 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 and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
Si rely,
r ?on ow d, r. E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
970624.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NC 27607 Telephone [phone] FAX x 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
),vws B. HUNT )R. PO BOX 25201. RALEIGH. N.C. 27611-3201
GOVERNOR
March 20, 1998
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:
NORRIs TOLSON
SECRETARY
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact

105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
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PROJECT: 8.2860501 (8258.:?)
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PROJECT: 8.2860301 (B2584)
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
P.O. BOX 25201. RALEIGH, N.C. 27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been
(9
federally listed as Threatened for Madison County since the report was submitted. A
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
Madison County
Bridge No. 158 on Sk 1319
Over Big Laurel Creek
Federal Project BRZ-1319(9)
State Project 8.2860301
TIP # B-2584
CATEGORICAL EXCLUSION
May 1996
Documentation Prepared in
Planning and Environmental Branch By:
?'Iu -L Ill!-. - - : - ?? Date John illiams
Project Planning Engineer
-S-1196 (? I-V CA 1?Date Wayne liott - ?•`?O.••146im p••./2?'%
Bridge Project Planning Engineer, Unit Head
SEAL z
i 6976
01 N
Date Lubin V.
Manager '•,,??,,??V???PRr????•
anPrevatt, P. E., d Environmental Branch
Madison County
Bridge No. 158 on SR 1319
Over Big Laurel Creek
Federal Project BRZ-1319(9)
State Project 8.2860301
TIP # B-2584
Bridge No. 158 is located in Madison County on SR 1319 crossing over Big
Laurel Creek. It is programmed in the 1996-2002 Transportation Improvement Program
(TIP) as a bridge replacement project. This project is part of the Federal Aid Bridge
Replacement Program and has been classified as a "Categorical Exclusion". No
substantial environmental impacts are expected.
1. SUMMARY OF RECOMMENDATIONS
Bridge No. 158 will be replaced as recommended in Alternate 1 with a bridge just
to the west of its present location (See Figure 2). Traffic will be maintained along the
existing bridge during construction.
The new bridge will be approximately 58 meters (190 feet) in length and 8.6
meters (28 feet) wide including two 3.3-meter (11-foot) lanes and 1.0-meter (3-foot)
offsets. Approach work will extend approximately 67 meters (220 feet) to the south side
and 24.4 meters (80 feet) to the north side of the new bridge. Approaches will include
two 3.3-meter (11-foot) lanes and 2.7-meter (9-foot) grassed shoulders. Based on
preliminary design work, the design speed should be approximately 65 km/h (40 mph).
The estimated cost of the project is $838,000 including $800,000 in construction
costs and $38,000 in right of way costs. The estimated cost shown in the 1996-2002 TIP
is $ 694,000.
II. SUMMARY OF ENVIRONMENTAL COMMITMENTS
All standard procedures and measures will be implemented to avoid or minimize
environmental impacts. All practical Best Management Practices (BMP's) will be
included and strictly maintained during project construction. Particular emphasis will be
placed on the following elements of BMP's:
• Reduction/elimination of direct discharge into streams
• Reduction of runoff velocity
• Re-establishment of vegetation on exposed areas, with judicious pesticide & herbicide
management
• Litter/debris control.
In accordance with the provisions of Section 404 of the Clean Water Act (33
U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of
dredged or fill material into "Waters of the United States."
North Carolina Division of Environmental Management (DEM) Section 401 Water
Quality General Certification will be obtained prior to issue of the Army Corps of
Engineers Nationwide Permit # 23.
Structure Design will give consideration to keeping bents out of the water if possible to
facilitate construction.
Roadway Design will minimize the footprint of the project to the extent allowed by standard
design practices to minimize environmental impacts to the project area.
Stream Relocation Guidelines will be implemented in the design and construction
for the relocation of the unnamed tributary on the northwest side of the bridge. The
Wildlife Resource Commission will be consulted with regards to the design of the stream
relocation.
During demolition/removal of the existing bridge structure, precautions will be
taken to minimize substrate and streambank disturbance, and also to ensure that debris
from the demolition does not enter the stream.
Clearing and grubbing activities will be limited to the areas absolutely necessary to
project construction in order to minimize project impacts to the terrestrial community.
This project must be reviewed under Section 26a of the Tennessee Valley
Authority (TVA) Act. The final bridge plans, hydraulic analysis of the effects of the
replacement structure on the 100-year flood elevation, and notice of compliance with the
Historic Preservation Act of 1966 will be forwarded to TVA for approval.
Big Laurel Creek is Hatchery Supported Designated Public Mountain Trout Water
at the project location. Therefore, as a result of coordination with the NC Wildlife
Resources Commission the following environmental commitments will be made:
• Construction will be accomplished so that wet concrete does not contact stream water.
This will lessen the chance of altering the stream's water chemistry and causing a fish
kill.
• Temporary ground cover will be placed on all bare soil during construction.
Permanent herbaceous vegetation in these areas should be established within 15 days
of ground disturbing activities to provide long term erosion control.
• Foundation investigations will be required on this project. The investigation will
include test borings in soil and/or rock for in-site testing as well as obtaining samples
for laboratory testing. This may require test borings in streams and/or wetlands.
III. ANTICIPATED DESIGN EXCEPTIONS
Due to the topography of the surrounding area, a 100 km/h (60 mph) design speed
will not be attainable. The new structure and approaches will have a design speed of 65
km/h (40 mph).
IV. EXISTING CONDITIONS
SR 1319 is classified as a Rural Minor Collector in the Statewide Functional
Classification System. It presently carries 800 vehicles per day. Because there is no
posted speed limit, the road has a statutory 55 mph speed limit. The road serves primarily
residential traffic.
The existing bridge was completed in 1957. It is 61.3 meters (201 feet) long.
There are approximately 10 meters (33 feet) of vertical clearance between the bridge deck
and streambed. The bridge has 5.9 meters (19.2 feet) of clear roadway width. There are
two lanes of traffic on the bridge.
According to Bridge Maintenance Unit records, the sufficiency rating of the bridge
is 35.1 out of a possible 100. Presently the bridge is posted 15 tons for single vehicles and
18 tons for truck-tractor semi-trailers.
The existing bridge is located approximately 30 meters (100 feet) south of the
intersection of SR 1318 and SR 1319. The north approach between the bridge and the
intersection has a sharp horizontal curve and the south approach is tangent for
approximately 91 meters (300 feet). The bridge lies in a vertical sag. The pavement width
on the approaches to the bridge is 4.9 meters (16 feet). Shoulders on the northern and
southern ends of the bridge are approximately 1.2 meters (4 feet) wide.
Traffic volume is presently 800 vehicles per day (VPD) and projected at 1400 VPD
for the year 2018.
Consultation with the Traffic Engineering Branch indicates that no accidents have
been reported within the last three years in the vicinity of the project.
There are three school bus crossings daily over the studied bridge. The Madison
County Schools Transportation Director has stated a strong preference for maintaining
traffic onsite.
There is an aerial power line that runs along the east shoulder south of the bridge
and then crosses over to the west at the south end of the bridge.
V. PROPOSED ALTERNATIVES
There are two "build" options considered in this document. They are as follows:
Alternate 1 (Recommended) Replace the existing bridge west of the present
location with a new bridge (see figure 2). Traffic will be maintained
on the existing structure until construction is complete on the new
bridge. Based on preliminary design work, the design speed should
be approximately 65 km/h (40 mph).
Alternate 2 Replace the existing bridge approximately 30 meters (100 feet) to
the west of its present location to improve alignment of the
roadway and intersection. Traffic would utilize the existing
structure until construction is complete on the new bridge. Based
on preliminary design work, the design speed should be
approximately 65 km/h (40 mph).
Replacing the bridge on the existing location was not considered because the
opportunity to relocate the bridge and improve the intersection's sight distance was readily
available. In addition, the poor condition of the 9.4-kilometer (5.9-miles) detour route
includes multiple hair-pin curves (see figure 1) making a detour infeasible. If traffic were
to be detoured, the cost of additional travel to road users based on eleven months road
closure and 800 vehicles per day would be approximately $464,000. For reasons of
safety, economics, and a readily available realignment, replacing the bridge in place was
not evaluated as an alternate.
"Do-nothing" is not practical, requiring the eventual closing of the road as the
existing bridge completely deteriorates.
Rehabilitation of the existing deteriorating bridge is neither practical nor
economical.
Vl. ESTIMATED COST
Recommended
COMPONENT ALTERNATE ALTERNATE
1 2
New Bridge Structure $ 319,000 $ 357,000
Bridge Removal 20,000 20,000
Roadway & Approaches 345,000 360,000
Engineering & Contin encies 116,000 113,000

Total Construction $ 800,000 $ 850,000
Right of Way $ 38,000 $ 39,000
Total Cost $ 838,000 $ 889,000
VII. RECOMMENDED IMPROVEMENTS
Bridge No. 158 will be replaced as recommended in Alternate 1 with a bridge west
of its present location (See Figure 2). Traffic will be maintained along the existing bridge
during construction.
The new bridge will be approximately 58 meters (190 feet) in length and 8.6
meters (28 feet) wide including two 3.3-meter (11-foot) lanes and 1.0-meter (3-foot)
offsets. The elevation of the new bridge and approaches will be approximately the same
as the current roadway. There will be a distance of approximately 3 meters (10 feet)
between the decks of the old and new bridges to allow for construction.
Approach work will extend approximately 67 meters (220 feet) to the south side
and 24 meters (80 feet) to the north side of the new bridge. The approaches will include
two 3.3-meter (1 I -foot) lanes and 2.7-meter (9-foot) grassed shoulders to accommodate
guardrail. The grassed shoulder will taper to 1.8 meters (6 feet) where guardrail is not
required. Based on preliminary design work, the design speed should be approximately 65
km/h (40 mph).
Alternates 1 and 2 both propose replacing the existing structure with a bridge on
new alignment. Although Alternate 2 would provide a slightly better geometric design
with regard to sight distance at the intersection, both alternates would require a design
exception with regard to the design speed. Also, Alternate 2 would take a large portion of
land used by the present owner for growing crops. Alternate 1 is slightly less expensive
and would allow the current owner the continued use of the land. Therefore, NCDOT
recommends Alternate 1 because it is the most economical alternate and has the least
impact to the surrounding community. The division engineer supports this plan of action.
VIII. ENVIRONMENTAL EFFECTS
A. GENERAL
This project is expected to have an overall positive impact. Replacement of an
inadequate bridge will result in safer traffic operations.
This project is considered to be a "Categorical Exclusion" due to its limited scope
and insignificant environmental consequences.
This bridge replacement will not have a substantial adverse effect on the quality of
the human or natural environment by implementing the environmental commitments listed
in Section II of this document in addition to use of current NCDOT standards and
specifications.
The project is not in conflict with any plan, existing land use, or zoning regulation.
No change in land use is expected to result from construction of this project.
There are no hazardous waste impacts.
No adverse effect on families or communities is anticipated. Right-of-way
acquisition will be limited.
No adverse effect on public facilities or services is expected. The project is not
expected to adversely affect social, economic, or religious opportunities in the area.
There are no publicly owned parks, recreational facilities, or wildlife and waterfowl
refuges of national, state, or local significance in the vicinity of the project.
The proposed bridge replacement project will not raise the existing flood levels or
have any significant adverse effect on the existing floodplain.
Utility impacts are expected to be low. Power lines are likely to be slightly
impacted by construction of the project.
B. AIR AND NOISE
This project is an air quality "neutral" project, so it is not required to be included in
the regional emissions analysis and a project level CO analysis is not required.
The project is located in Madison County, which has been determined to be in
compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not
applicable, because the proposed project is located in an attainment area. This project is
not anticipated to create any adverse effects on the air quality of this attainment area.
The project will not significantly increase traffic volumes. Therefore, it will not
have significant impact on noise levels. Temporary noise increases may occur during
construction.
C. LAND USE & FARMLAND EFFECTS
In compliance with the Farmland Protection Policy Act (FFPA) of 1981, the U. S.
Soil Conservation Service (SCS) was asked to determine whether project being
considered will impact prime or important farmland soils. The SCS responded that the
project will not impact prime or important farmland soils.
D. HISTORICAL EFFECTS & ARCHAEOLOGICAL EFFECTS
Upon review of area photographs, aerial photographs, and cultural resources
databases, the State Historic Preservation Office (SHPO) has indicated that there is one
structure over fifty years of age, an I-house with a shed addition, located in the area of
potential effect. SHPO indicated that the house is not eligible for the National Register of
Historic Places since the structure has undergone character-altering changes. They
therefore recommend no historic architectural surveys be conducted.
In the attached letters, the SHPO requested an archaeological survey. During the
survey NCDOT archaeologists recorded one site. However, the site, 31MD302, is
located outside of the area of potential effect. No further investigations were conducted.
E. PHYSICAL RESOURCES
Water Resources
Big Laurel Creek and an unnamed tributary to it will be impacted by the proposed
bridge replacement. These streams are within the French Broad River Basin.
Big Laurel Creek is formed approximately 19.3 kilometers (12 miles) east of the
project crossing. The stream meanders in a westerly direction until below the project
crossing where it turns southwest before converging with the French Broad River,
approximately 6.4 kilometers (4 miles) downstream. The unnamed tributary to Big Laurel
Creek is not depicted on the USGS topo maps. This very small stream runs parallel to
SR 1318 and receives runoff from this roadway. It is carried through a 36" corrugated
metal pipe at the intersection of SR 1318 and SR 1334 and flows into Big Laurel Creek at
the project crossing.
Characteristics of Water Resources
Big Laurel Creek is 15 meters (50 feet) wide, with a moderate to swift flow rate.
Depth varies from 0.3 to 1.5 meters (1 to 5 feet). The substrate is characterized as rocky.
Some areas of the channel have heavy sedimentation with coarse sand and silt. Water
clarity was good during the time of site visit and there were no visible signs of pollution.
Best Usage Classification
Big Laurel Creek carries the Best Usage Classification of Class C Tr, as assigned
by the North Carolina Department of Environment, Health and Natural Resources
(DEHNR), 1993. Class C designates waters suitable for aquatic life propagation and
survival, fishing, wildlife, secondary recreation, and agriculture. The supplemental
classification Tr (Trout Waters) indicates that the waters are suitable for natural trout
propagation and maintenance of stocked trout. The unnamed tributary is also Class C but
does not carry the trout designation. No waters classified as High Quality Waters (HQW),
Outstanding Resource Waters (ORW), WS-I, or WS-11, occur within 1.6 kilometers
(1 mile) of the project area.
Water Quality
The Benthic Macroinvertebrate Ambient Network (BMAN) assesses water quality
by sampling for selected benthic macroinvertebrate organisms. The species richness and
overall biomass are reflections of water quality. No data is available for the stream
crossed by the proposed project.
The DEM National Pollutant Discharge Elimination System (NPDES) report lists
no permitted discharges into Big Laurel Creek near the project vicinity. A permitted
discharge issued to the Madison County Commissioners is located more than
16 kilometers (10 miles) upstream of project crossing. The type of discharge is classified
as domestic (schools).
Summary of Anticipated Impacts to Water Resources
Potential impacts to water resources include increased sedimentation, decreases of
dissolved oxygen, changes in temperature, stream relocation, and increases in toxic
compounds entering the streams.
Sedimentation is the most serious threat to the waters which will be crossed.
Studies have shown that during roadway construction, there is a direct correlation
between the amount of suspended particles in the stream channel with the amount of
clearing and grubbing activity, embankment modification, and project duration. Not only
is sedimentation detrimental to the aquatic ecosystem, but changes in physical
7
characteristics of the stream may also result. Sedimentation of the stream channel causes
changes in flow rate and stream course, which may lead to increased streambank scour
and erosion. Sedimentation also leads to increased turbidity of the water column.
Removal of streamside canopy and removal/burial of aquatic vegetation result in
numerous impacts. Streamside vegetation is crucial for maintaining streambank stability,
controlling erosion, and buffering water temperature. Aquatic vegetation serves an
important role in the stream ecosystem as food and shelter, as well as contributing oxygen
to the water and stabilizing the bottom sediments.
Stream channel relocation is anticipated for the unnamed tributary of Big Laurel
Creek. The set of guidelines developed by an inter-agency team with representatives from
the North Carolina Wildlife Resources Commission (WRC), DEM, and various NCDOT
units will be followed for this channel relocation. Relocated streams will be designed to
have similar characteristics (depth, width, meanders and substrate) as the original stream.
This also includes re-establishment of streamside vegetation. If the stream relocation is
greater than 30 meters (100 feet) or > 15 meters (>50 feet) on one side (Standard
Relocation), consultation with the NC Wildlife Resources Commission will be required. If
the amount of relocated stream is less than 30 meters (100 feet), no coordination with the
WRC is required.
Numerous pollutants have been identified in highway runoff, including various
metals (lead, zinc, iron etc.), nutrients (nitrogen, phosphorus), and petroleum. The
sources of these runoff constituents range from construction and maintenance activities to
daily vehicular use. The toxicity of highway runoff to aquatic ecosystems is poorly
understood. Some species demonstrate little sensitivity to highway runoff exposure, while
other species are much more sensitive. The levels of the toxins and the duration of the
exposure are major factors determining the ecosystem's response to runoff. Pollutant
concentrations of receiving waters are related to traffic volume, terrain characteristics, and
surface area.
Concentrations of pollutants, particularly metals and petroleum hydrocarbons, in
the water column have not been shown to dramatically increase as a result of highway
runoff, largely due to removal by sedimentation. However, concentrations of highway
runoff pollutants in sediments are shown to be as much as an order of magnitude higher
than control-station sediments. Benthic organisms are thus continually subjected to these
sediment-bound pollutants, which can potentially impact the entire ecosystem through
biomagnification.
It is apparent that highway runoff can potentially degrade the quality of the
receiving water bodies and sediments, which in turn significantly affects the ecosystems
present. Precaution needs to be taken during construction to reduce/eliminate pollution
runoff into Big Laurel Creek. Pollutant loads are not expected to increase once in
operation, and with appropriate design considerations, the pollutant loads resulting from
operation can actually decrease.
Due to the limited scope of work involved with this bridge replacement, the overall
magnitude of the potential impacts described is expected to be relatively minimal. These
potential impacts can be greatly reduced by implementation of the following
recommendations, which have been shown to be efficient and cost effective at minimizing
sedimentation and pollutant loads:
• Reduction of clearing and grubbing activity, particularly in riparian areas
• Minimization of "in-stream" activity
• Strict enforcement of sedimentation control Best Management Practices (BMP's) for
the protection of surface waters during the entire life of the project with strict
attention to the following:
Reduction/elimination of direct discharge into streams
Reduction of runoff velocity
Re-establishment of vegetation on exposed areas, with judicious pesticide &
herbicide management
Litter/debris control.
The use of any number of these methods will be effective in reducing water quality
degradation resulting from project construction. Additionally, during demolition/removal
of the existing bridge structure, precautions will be made to minimize substrate and
streambank disturbance, and also to ensure that debris from the demolition does not enter
the stream.
F. BIOTIC RESOURCES
Terrestrial Communities
Three distinct community types occur within the project area, all three of which
have had varying degrees of human disturbance. There is some degree of overlap between
communities, particularly with the faunal components. Numerous terrestrial animals are
highly adaptive, or opportunistic and are able to populate a variety of habitats, therefore
many of the species mentioned may occur in any number of the different community types
described. Considering the disturbed nature of the biotic communities in the project area,
it is unlikely that fauna with restricted habitat requirements occur here.
Maintained Communities
Maintained Communities are land parcels in which the vegetation is kept in a
low-growing, non-successional state. This includes the narrow roadside shoulder, a small
agricultural field and sections of a residential property, which is largely pasture land.
The roadside shoulder is very narrow and grades to a steeply sloping disturbed
slope. Vegetation is limited and closely maintained (mowed). The most abundant species
include fescue, henbit, wild onion, chickweed, dandelion, and red clover.
9
The agricultural field (garden) had already been harvested and plowed under at the
time of the site visit. The pasture land is dominated by fescue and other herbaceous
species found along the roadside, as well as scattered trees, including red maple, eastern
hophornbeam, and black walnut.
Resident faunal species are expected to be few, and small in size, due to the
homogeneous nature of this community type. Small mammals such as hispid cotton rat
and house mouse are able to utilize the limited amount of cover provided in these habitats,
and their opportunistic feeding behavior allows them to maximize the food source, as they
are able to consume most anything (plant material, grains, animal matter etc.). Burrowing
mammals such as woodchuck and eastern mole may reside near the edges of these
communities, feeding largely on plant material and invertebrates respectively.
The presence of these small mammals attracts a variety of predators to these
habitats. Some of these species include red-tailed hawk, American kestrel, and black rat
snake.
Several other opportunistic species may utilize these communities at various times
for foraging or migration reasons. Species such as common crow, turkey vulture,
raccoon, and Virginia opossum are examples of animals which can take advantage of the
wide array of available food resources.
Steeply Sloping Disturbed Slope
This community type occurs on the very steep slopes grading from the existing
roadsides to the remnant Alluvial Forest and agricultural field. This community is
dominated almost entirely with kudzu with a few large shrub species such as staghorn
sumac and tag alder occurring near the edge of the remnant alluvial forest. Beggars ticks
are also present among the dense mats of kudzu.
Faunal community composition is likely similar to the maintained communities
described, with the exception of the ground burrowing species, which are likely precluded
by the steep topography. The dense vegetation and slight stratification offered by the
shrubs, provides greater foraging and shelter opportunities than the maintained
communities described earlier. Species observed in this area include tufted titmouse,
Carolina wren, bluejay, northern mockingbird, and common crow.
Remnant Alluvial Forest
Previous clearing of the floodplain area of Big Laurel Creek has left little of the
characteristics of the natural Alluvial Forest which once occurred. The remaining canopy
is young and very thin, and includes sycamore, red maple, and ash.
Although alluvial forests of the montane region typically have faunal populations
that are distinct from surrounding communities, the disturbed condition of this community
10
precludes the establishment and maintenance of a faunal community that varies from the
surrounding disturbed communities.
Aquatic Communities
Two aquatic community types (Small Intermittent Montane Stream and Perennial
Montane Stream) will be impacted by the proposed action. Faunal composition of the
aquatic communities is reflective of the physical characteristics of the water body and
condition of the water resource. The community structure is also greatly influenced by
adjacent terrestrial communities.
Perennial Montane Stream
Due to the limited amount of streamside vegetation associated with Big Laurel
Creek, allochthonous (produced outside of stream ecosystem) food sources are fewer than
if streamside vegetation was intact. Detrivores are thus expected to be limited, and
autochthonous (produced within the stream ecosystem) energy sources, including
planktonic and benthic micro and macro algae as well as aquatic vascular vegetation are
expected to be the chief sources of food chain energy.
Rocky substrates offer a stable attachment surface for many algal species which are
generally abundant in this type of stream. Many fish species found in this type of stream
are characterized as having jaws without teeth, an adaptation enabling them to graze on
algae growing on the rocky surfaces. Grazers likely to occur in this stream include;
central stoneroller, redhorse, river chub, shiners, and suckers.
Rainbow trout and possibly native brook trout occur in this designated "trout
waters" stream. Other predatory fish likely occurring here include smallmouth bass, rock
bass, and bluegill.
Intermittent Montane Stream
Intermittent streams are streams which experience interruption of flow during dry
intervals, however most retain pools somewhere along their course. In the southeast
United States, these dry periods are usually associated with summer months. Faunal
composition of these streams is greatly influenced by climatological events, and can vary
markedly from year to year.
Despite being dry for considerable periods of time, many of these streams have
diverse communities. Animal species which populate these streams have adapted several
mechanisms to combat drying conditions. Many early-emerging insects which have
aquatic life stages utilize intermittent streams. These insects lay their eggs early in the wet
season (late fall-early winter), to ensure that developmental stages take place while the
streams still carry water. These species complete metamorphosis and emerge from the
stream before it dries in the summer. Other insects have eggs or nymph stages which can
11
survive long periods of drought, and can aestivate, or remain dormant during the summer
months.
Other species survive by burrowing down into the substratum. These include
flatworms, nematodes, crayfish, snails and other invertebrates, as well as salamanders
which burrow in dry months, or move to wetter areas. Two-lined salamander and
northern dusky salamander are common intermittent streams of the region.
Some areas of these streams may retain water during the dry months, however
without continual flow, these pools become very warm and have low oxygen
concentrations. Species populating these pools, which include crayfish, snails, flatworms
and some fish (bluegill ), have some physiological adaptations to withstand extreme
temperatures and low oxygen levels.
Many fish will move into intermittent streams when water returns, often to spawn.
Bluegill, creek chub, and some shiners are often the first species to re-invade a stream
once water returns. Spawning in these streams runs the risk of young being stranded
when streams dry out. Therefore intermittent stream spawners usually spawn early, or
they are able to survive in low oxygenated pools. Several juvenile fish were observed in
this stream during site visit, however they were too small to capture with the net used.
They appeared to be some species of shiner.
Summary of Anticipated Impacts to Biotic Communities
Construction of the proposed project will have various impacts on the biotic
communities described. This section quantifies and qualifies these probable impacts, in
terms of area impacted (cleared/modified), and ecological consequences to the
communities, during the construction and operation of the proposed roadway.
Terrestrial Community Impacts
Portions of the three terrestrial biotic community types occurring in the project
area will be cleared or altered as a result of project construction. Estimations of acreage
impacted for each community type are given in table below.
Table 2 Community Impacts
Alternate Maintained Disturbed Alluvial Forest
0.3 (0.7) <0.1 (0.l) 0.1 (0.2)
0.3 (0.7) <0.1 (0.1) < 0.1(0.1)
Impacts in hectares (acres) are based on 24.3 meters (80 feet) ROW.
12
The plant communities found along the project alignment serve as shelter, nesting
and foraging habitat for numerous species of wildlife. Loss of habitat initially displaces
faunal organisms from the area, forcing them to concentrate into a smaller area, which
causes over-utilization and degradation of the habitat. This ultimately lowers the carrying
capacity of the remaining habitat and is manifested in some species as becoming more
susceptible to disease, predation, and starvation.
The magnitude of these impacts described will be small given the limited scope of
land disturbance involved with this project. These potential impacts can be reduced by
implementation of the following recommendations:
- minimization of project footprint (reduction of clearing and grubbing activity)
- re-establishment of native vegetation in all exposed areas, including abandoned
roadway and bridge.
Aquatic Community Impacts
Because of the water dependent nature of this project, the aquatic communities
present in the study area will potentially be impacted most by project construction.
Degradation of these communities may also impact the terrestrial communities as well.
The aquatic environment serves as a major food source and temporary shelter for many
terrestrial organisms such as raccoons, various species of frogs, snakes, turtles, and birds.
Thus impacts are not confined to aquatic organisms.
Potential impacts to the aquatic ecosystem of Big Laurel Creek are direct results of
water quality degradation, mainly in the form of sedimentation and substrate disturbance.
Populations of photosynthetic species, the primary producers in the food chain, can be
greatly effected by siltation. The increased amount of suspended particles in the water
column reduces the photosynthetic ability by absorbing available light.
Benthic non-mobile organisms, such as filter and deposit feeders, and macro and
micro alga, are particularly sensitive to sedimentation, as they are susceptible to burial and
suffocation. Construction activities such as dredging, filling, and pile driving operations
which physically disturb the substrate, result in direct loss of sessile benthic organisms.
Many of these aquatic organisms are slow to recover, or repopulate an area, because they
require a stabilized substrate for attachment. Substrate stability may take a long time to
develop, therefore, changes in community composition may occur.
Mobile aquatic organisms may escape some of the effects of siltation, however,
gills of fish, crustaceans, and larval amphibian and insect forms can become clogged and
dysfunctional as a result of sedimentation. Spawning habitats for these mobile species may
become filled with sediment, diminishing reproductive success and inevitably reducing
populations.
13
The aquatic community of the unnamed tributary will be eliminated as a result of
stream channel relocation. Although aquatic organisms will likely repopulate the relocated
channel, community dynamics will be altered and thus considerable time may be required
before a stable community is established.
G. JURISDICTIONAL ISSUES
Waters of the United States
Wetlands and surface waters fall under the broad category of "Waters of the
United States" as defined in 33 CFR 328.3, in accordance with provisions of Section 404
of the Clean Water Act (33 U.S. C. 1344).
Potential wetland communities were evaluated using the criteria specified in the
1987 "Corps of Engineers Wetlands Delineation Manual." No jurisdictional wetland
communities will be impacted by the proposed action.
Permits
Impacts to Waters of the United States fall under the jurisdiction of the U. S. Army
Corps of Engineers (COE). A Nationwide permit 33 CFR 330.5 (A)23, for impacts to
surface waters of Big Laurel Creek, is likely to be applicable. This permit authorizes
activities undertaken, assisted, authorized, regulated, funded or financed in whole, or in
part, by another Federal agency or department. That agency or department has
determined that the activity is categorically excluded from environmental documentation,
because it will neither individually or cumulatively have a significant environmental effect.
Madison County is one of 25 counties designated as having trout waters, therefore
consent from the WRC certifying that the proposed action will not adversely impact these
waters is required for issuance of a Nationwide permit.
A North Carolina Division of Environmental Management (DEM) Section 401
Water Quality General Certification is also required, prior to issue of the Nationwide
permit #23. Final permit decisions lie with the Army Corps of Engineers.
Avoidance
Avoidance mitigation examines all appropriate and practicable possibilities of
averting impacts to Waters of the United States. According to a 1990 Memorandum of
Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in
determining "appropriate and practicable" measures to offset unavoidable impacts, such
measures should be appropriate to the scope and degree of those impacts and practicable
in terms of cost, existing technology, and logistics in light of overall project purposes.
The function of the proposed project cannot be met without fill into the unnamed stream
and crossing of Big Laurel Creek. Avoidance of these waters is not a practical
alternative.
14
Minimization
Minimization includes the examination of appropriate and practicable steps to
reduce the adverse impacts to Waters of the United States. Implementation of these steps
will be required through project modifications and permit conditions. Minimization
typically focuses on decreasing the footprint of the proposed project through the reduction
of median widths, ROW widths, fill slopes, and/or road shoulder widths. All practical
means should be utilized to minimize project-related water quality degradation.
Rare and Protected Species
Federal law requires that any action, which has the potential to have a detrimental
impact to the survival and well being of any species classified as federally protected,
is subject to review by the FWS and/or the National Marine Fisheries Service (NMFS),
under the provisions of the Endangered Species Act (ESA) of 1973, as amended.
Endangered species receive additional protection under separate state statutes. In North
Carolina, protection of plant species falls under N.C. General statutes (G. S.) 106-202.12
to 106-202.19 of 1979. Wildlife protection falls under G.S. 113-331 to 113-337 of 1987.
Federally Protected Species
As of November 17, 1994 the FWS lists only the peregrine falcon (Falco
Pere rinus) for Madison County.
The peregrine falcon (Falco peregrinus, Endangered) has a dark plumage along
its back and its underside is lighter, barred and spotted. It is most easily recognized by a
dark crown and a dark wedge that extends below the eye forming a distinct helmet.
Nesting for the falcons is generally on high cliff ledges, but they may also nest in
broken off tree tops in the eastern deciduous forest and on skyscrapers and bridges in
urban areas.
No breeding habitat in the form of high cliff ledges, skyscrapers, etc. will be
impacted by the proposed action. Although it is possible that an individual may forage in
the project area, no impacts to the species will result from project construction.
BIOLOGICAL CONCLUSION: No Effect
15
FIGURES
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North Carolina Department Of
Transportation
?•,,,,?,,,.? Planning & Environmental Branch
MADISON COUNTY
REPLACE BRIDGE NO. 158
ON SR 1319 OVER BIG LAUREL CREEK
B-2584
0 kilometers 1.6 kilometers 3.2
s Figure 1
0 miles 1.0 miles 2.0
i
i '
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South of Bridge
Facing North
t
View Of Bridge
From West

I
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(note unnamed t.
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to be relocated
MAP OF
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I Q.• ??.•'?`v?ll•? IGuntertown
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i 3 FIGURE 5
i ?
ATTACHMENTS

® North Carolina Wildlife Resources
?+GEIvF
MAY 2 3 1994
DIVISION OF
HIGHWAYS r
?FA.._ fZSL_c(Y'/
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: H. Franklin Vick, P. E., Manager
Planning and Environmental Branch, NCDOT
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program -4
DATE: May 20, 1994 A-?4,
SUBJECT: Review of scoping sheet for Bridge #158 on SR 1319 over
Big Laurel Creek, Madison County, TIP #B-2584.
This correspondence is in response to a request by you for
our preliminary review and comments on the subject project. Big
Laurel Creek is Hatchery Supported Designated Public Mountain
Trout Water at the project location. We have the following
preliminary recommendations regarding this project:
1) We would prefer that the existing structure be replaced with
another spanning structure rather than a multi-celled
reinforced concrete box culvert to reduce potential for
blocking fish passage and also for widening of the channel
at the site and creating a shallow, unproductive area prone
to thermal pollution.
2) Construction must be accomplished so that wet concrete does
not contact stream water. This will lessen the chance of
altering the stream's water chemistry and causing a fish
kill.
3) Temporary ground cover (e.g. hardwood mulch, straw, etc.)
should be placed on all bare soil during construction.
Permanent herbaceous vegetation in these same areas should
be established within 15 days of ground disturbing
activities to provide long term erosion control.
Thank you for the opportunity to provide input to the early
planning stages for this project. If we can further assist your
office, please contact me at 704/652-4257.
cc: Mr. Micky Clemmons, District 9 Fisheries Biologist
Mr. David Yow, District 9 Environmental Coordinator
J r G:
North Carolina Department of Cultural
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
July 14, 1994
Nicholas L. Graf
Division Administrator
Federal Highway Administration
Department of Transportation
310 New Bern Avenue
Raleigh, N.C. 27601-1442
Re: Replace Bridge No. 158 on SR 1334 over Big
Laurel Creek, Madison County, B-2584, ER 94-
8840
Dear Mr. Graf:

JUL 18 "%
DIVISION OF
HIGHWAYS
On May 31, 1994, Robin Stancil of our staff met with North Carolina Department
of Transportation (NCDOT) staff for a meeting of the minds concerning the above
project. We reported our available information on historic architectural and
archaeological surveys and resources along with our recommendations. NCDOT
provided project area photographs and aerial photographs at the meeting and for
our use afterwards.
Based upon our review of the photographs and the information discussed at the
meeting, we offer our preliminary comments regarding this project.
In terms of historic architectural resources, one structure over fifty years of age--
an 1-house with a shed addition--is located in the area of potential effect. We
believe that the house is not eligible for the National Register of Historic Places
since the structure has undergone character-altering changes. Thus, no National
Register-listed or eligible properties are located in the area of potential effect. We
recommend that no historic architectural survey be conducted for this project.
We recommend that a comprehensive survey be conducted by an experienced
archaeologist to identify the presence and significance of archaeological remains
that may be damaged or destroyed by the proposed project. Potential effects on
unknown resources should be assessed prior to the initiation of construction
activities.
Having provided this information, we look forward to receipt of either a
Categorical Exclusion or Environmental Assessment which indicates how NCDOT
addressed our comments.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
109 Exist Jones Street • Raleigh, North Carolina 27601-2807
Nicholas L. Graf
July 14, 1994, Page 2

Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
Sin.Crely,
avid Brook
Deputy State Historic Preservation Officer
DB:slw
cc: H. F. Vick
B. Church
T. Padgett
"ATJ_
North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
January 26, 1995
Nicholas L. Graf
Division Administrator
Federal Highway Administration
Department of Transportation
310 New Bern Avenue
Raleigh, N.C. 27601-1442
Re: Bridge 158 on SR 1319 over Big Laurel Creek,
Madison County, Federal Aid BRZ-1319(9), TIP 8-
2584, State Project No. 8.2860301, ER 94-8840,
ER 95-8100
Dear Mr. Graf:

Division of Archives and History
William S. Price, Jr., Director
Thank you for your letter of December 21, 1994, transmitting the archaeological
survey report by Deborah Joy concerning the above project.
One site was recorded during the survey. However, the site, 31 MD302, is located
outside of the area of potential effect. Ms. Joy recommends that no further
investigations be conducted unless the project alignment changes. If the
alignment does change, testing should be conducted at 31 MD302 to evaluate its
eligibility for listing in the National Register of Historic Places. We concur with this
recommendation.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
S?ncerely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: OH. F. Vick
T. Padgett
w
109 East Jones Street • Raleigh, North Carolina 27601-2807 ??
F."
s
M
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. RO. BOX 25201. RALEIGH. N.C. 27611-5201
GOVERNOR
March 20, 1998
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:

401 ISSLED
E. NORM TOLSON
SECRETARY
4 ABM..
? 3 1 ?g
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact
0

105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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: Madison NEAREST TOWN OR CITY: White Rock
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted.
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:
By cony of letter (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: July 14, 1996 and January 26, 1995
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [x] NO H (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 [x] NO H
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].
4
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 14, 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
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.
4? lz
O ER'S/AGENT'S SIGNATURE
2 98
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
r
State 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
I
4 ?

July 29, 1997 kv,-
Madison County
p}\JI
DWQ Project # 970624 l } llGt }`w n\{
TIP No. B-2584 (`NVii;ON??,\
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. 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 except
as modified below. 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 to 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
Si rely,
r slon w d, r. E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.Itr
Division of Water Quality - Environmental Sciences Branch
EnvironmenWl Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NC 27607 Telephone [phone] FAX tt 733-9959
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N. C. DEPT.OF TRANSPORT.kTION
DIVISION !OF HIGHWAYS
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PROJECT: 8.2860301 (B2584)
RELOCATION OF BRIDGE NO.158
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STATE OF NORTH CAROLINA
DEPAUMENT OF TRANSPORTATION
JAMES B. HUNT 1R.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO:
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been

federally listed as Threatened for Madison County since the report was submitted. A
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMEs Q. HUNT J R. RO. BOX 25201. RALEIGH. N.C. 27611-5201 E. Noms TOLsON
GOVERNOR SECRETARY
t
March 20, 1998
U. S. Army Corps of Engineers 3 1 ??
Asheville Regulatory Field Office
WET?NpSGF?!???:c,t3
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006 W=ISO . ?-
Attention: Mr. David Baker
Dear Sir:
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact
LL0_&

105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also 99ks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HF V/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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: Madison NEAREST TOWN OR CITY: White Rock
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted.
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:
BY copy of letter (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: July 14, 1996 and January 26, 1995
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 H
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [x] NO [ ]
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].
4
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 14, 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
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.
4? 1z
0 ER'S/AGENT'S SIGNATURE
? 98
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
State 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
® F::::: P14 Ft? jut
3 11 7

July 29, 1997 c,-
Madison County Cr c
DWQ Project # 970624 G., `1tGl i`wn`{S
TIP No. B-2584
?NVii?ON `
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. This approval will
expire when the accompanying 404 or CAMA permit expires unless otherwise specified in die General
Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. 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 and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
If you do not accept any of lie 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.
Si rely,
r ?on w' d, r. E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO:
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been

federally listed as Threatened for Madison County since the report was submitted. A
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584

,, ? : STAT(
STATE OF NORTH CAROLINA
DEPAPUMENT OF TPANSPOPTATION
JAMES B. HUNT J R. 11.0. BOX 25201. RALEIGH. N.C. 27611-5201
GovmNOR
March 20, 1998
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:

Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact
F. NORRIS TOLSON
SEC:REiARY

0
2
105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer

I
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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: Madison NEAREST TOWN OR CITY: White Rock
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted
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:
By copy of letter (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: July 14, 1996 and January 26, 1995
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 [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [x] NO [
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].
4
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 14, 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
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.
0 ER'S/AGENT'S SIGNATURE
98
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
State 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
®F
July 29, 1997
Madison County
DWQ Project # 970624
TIP No. B-2584

jut 31,199.7
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Deu Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. This approval will
expire when the accompanying 404 or CAM 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 except
as modified below. 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 to 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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 C1ean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Si ;.r 4SLOnIhIr. E
Attachment cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
P.O. BOX 25201. RALEIGH, N.C. 27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO:
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been
0
federally listed as Threatened for Madison County since the report was submitted. A
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
a?
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
f6
r..i-...??a
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. 110X25201. RALEIGH, N.Cjr
GoVERNOR D
March 20, 199
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:
MAR 3 1 1998
RRIs TOLSON
S EC RETARY
WETLANDS GROUP
NiATFk )LIAUTY SECTION
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact

105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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: Madison NEAREST TOWN OR CITY: White Rock
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted.
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:
By copy of letter (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: July 14, 1996 and January 26, 1995
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 [x] NO []
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].
4
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 14, 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
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.
0 ER'S/AGENT'S SIGNATURE
? 98
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
State 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

July 29, 1997 ?,,•
Madison County 1?IV1S1C^1 CF
DWQ Project # 970624
TIP No. B-2584
?NVii;ONf1?r
ED FE F?i JUG. 3 1 1997
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
13.0. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel Creek, as you described in your application dated 3 July 1997.
After reviewing your application, we have decided that this rill is covered by General Water Quality
Certification Number 3127. This certification allows you to use Nationwide Permit Number 6 when it is
issued by lie 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. 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 except
as modified below. 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 and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
Si ;.r 4stonldll.r. E
Attachment cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Tolephone 919-733-1786 FAX # [phone]
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PROJECT: 8.2860301 (8258)
RELOCATION OF BRfI)G1; NO.158
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DIVISION OF HIGH?V ;A'YS
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PROJECT: 8.2860301 (B2584)
RELOCATION OF BRIDGE NO.158
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT 1R.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO:
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been
0
federally listed as Threatened for Madison County since the report was submitted. A
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
Q
MAR 3 11998
?A11T UP
'.-.."... Y SECT/pN
STATE OF NORTH CAROLINA
DEPAPUMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.C. BOX 25201, RALEIGH, N.C. 27611-5201 E. NoRR1s TOLSON
Govr.moik SECRETARY
March 20, 1998
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact
?a
A
7
105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
. .
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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: Madison NEAREST TOWN OR CITY: White Rock
1

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted.
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:
BY COPY of letter (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: July 14, 1996 and January 26, 1995
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [x] NO H (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 [x] NO [ ]
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].
4
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 14, 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
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.
0 ER'S/AGENT'S SIGNATURE
98
_vy'/
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

State 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
Ti
®F::--: ?--? i iR,,jut 3
c=
July 29, 1997
Madison County '1. p??151C^i CF
DWQ Project # 970624 'l', l 11GN`w'^ f
TIP No. B-2584 ( \<L- IV Vi 0
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. 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 except
as modified below. 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 to 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
Si rely,
r ?on w• d, r. E
Attachment cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX tt 733-9959
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N. C. DBPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
N1.40DISON COUNTY
PROJECT: 8.2860301 (B2584)
RELOCATION OF BRIDGE NO.158
OVER BIG LAUREL CREEK
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STATE OF NORTH Ct
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HI
P.O. BOX 25201, RALEIGH,
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vJ. V L \LA %L L\J L .
NAYS GARLAND B. GARRETT JR.
27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO:
FROM:
SUBJECT:
ATTENTION:
REFERENCE:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been
I
federally listed as Threatened for Madison County since the report was s ubmitted.
biological d escription and conclusion for this species has been included i n this rep
Hybopsis m onacha (spotfin chub) T
Form erly: Cyprinella monacha
Anim al Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and t he females are whitish below. The males have a brilliant turqu oise
blue colorin g on their backs, sides of the head, and mid-lateral part of th e body,
fins are tipp ed with white during peak development. Males and females are both
characteriz ed by a prominent black spot on the lower part of the caudal f in.
The spotfin chub now occurs in the Little Tennessee River draina ge
system fou nd in Swain and Macon Counties. This minnow inhabits mode rate to
large strea ms, 15-70 meters in width. These streams should have a goo d
current, cle ar water, cool to warm temperatures, and pools alternating w ith riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on ins ect
larvae. It is considered to be a "sight feeder" that selects its prey off of c lean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database, of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
?/ t 4 ?W r+ + T-
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPO
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 2 2k S TOLSON
GOVERNOR ` R TARY
March 20, 1998 wrt1PN0
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
:i
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact
I! ii i i
2
105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Envirorunental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Domey, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 23 and 33
YKL'i?l:V1V5"1"KUI:"1'1V1V 1VV1"11"-11:A-1-1V1V 1'lrt'Lllal-1-1V1V
1 i
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION i
i
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
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBL
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Madison NEAREST TOWN OR CITY: White Rock
1
i ?
(WORK) :
CORPORATE OFFICIAL, ADDRESS,
i
i

SPECIFIC LOCATION (
LANDMARKS, ETC.): North on NC 208 to SR 131!
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad j
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Bier Laurel Creek is
hatchery supported designated public mountain trout water t
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?
Ba. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
Bb. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTYIIN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
,i
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
FILLING: 0 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE S
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
OF THE WATERSHED

12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): j
13. PURPOSE OF PROPOSED WORK:
i
3
i
} I
E rj i ? _

14.
IN
STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST B.
TLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND I
CARRIED OUT
ACTS):
Wetlands are not impacted.
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:
By copy of letter (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: July 14, 1996 and January 26, 1995
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [x] NO H (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 H
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [x] NO ( ]
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].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUD
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVA
a. WETLAND DELINEATION MAP SHOWING
AND PONDS ON THE PROPERTY (FOR NATIONWIDE
AND 38). ALL STREAMS (INTERMITTENT AND P
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1
EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHO
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY
SHEETS RELEVANT TO THE PLACEMENT OF THE D
d. ATTACH A COPY OF THE STORMWATER
e. WHAT IS LAND USE OF SURROUNDING
ED WITH THIS APPI
TED OR FILL MATEI
ED
L WETLANDS, STREAMS, LAKES
ERMIT NUMBERS 14, 18, 21, 26, 29,
MANENT) ON THE PROPERTY MUST BE
NCH EQUALS 50 FEET OR 1 INCH
GRAPH OF WETLANDS TO BE
CONSULTANT, INCLUDE ALL DATA
INEATION LINE.
NAGEMENT PLAN IF REQUIRED.
OPERTY? Rural _
f. IF APPLICABLE, WHAT IS PROPOSED
g. SIGNED AND DATED AGENT AUTHORIZA
NOTE: WETLANDS OR WATERS OF THE U.S.
1) ISSUANCE OF A SECTION 404 COP
2) EITHER THE ISSUANCE OR WAIVEF
ENVIRONMENTAL MANAGEMENT (WATER QUALI
3) (IN THE TWENTY COASTAL COUNTI
CAROLINA DIVISION OF COASTAL MANAGEME
IS CONSISTENT WITH THE NORTH CAROLINA
Ont R'S/AGENT' SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
OF SEWAGE DISPOSAL?

J LETTER, IF APPLICABLE.
Y NOT BE IMPACTED PRIOR TO:
OF ENGINEERS PERMIT,
A 401 DIVISION OF
CERTIFICATION, AND
ONLY), A LETTER FROM THE NORTH
STATING THE PROPOSED ACTIVITY
,ASTAL MANAGEMENT PROGRAM.
98
vy)
DATE

5

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
mes B. Hunt, Jr., Governor
nathan B. Howes, Secretary
Preston Howard, Jr., P.E., Director
?EHN
July 29, 1997
Madison County
DWQ Project # 970624
TIP No. B-2584
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
r
jut 3 1 '19`x'
DIVI$lr*1 0
S-tIGHW ?Y'
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. 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 except
as modified below. If you change your project, you must notify us and you inay 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 to 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
Si rely,
r ?on w, d, r. E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NC 27607 Telephone [phone] FAX' , # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycledl10% post consumer paper
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1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
P.O. 80X25201, RALEIGH, N.C. 27611-5201 SECRt7ARY
December 9, 1997
MEMORANDUM TO:
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been

i
federally listed as Threatened for Madison County since the report was submitted. At"
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
1
F
y,
STATE OF NORTH CAROLINA
DEPARTMENT
JAMES B. HUNT JR.
GOVERNOR
March 20, MAR
1 ??t?C IiRl1??.nwl
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. David Baker
Dear Sir:
NORM TOLSON
S F OUTA RY
Subject: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project
No. 8.2860301; TIP No. B-2584; COE Action ID 199707138,
DWQ #970624.
The North Carolina Department of Transportation (DOT) received authorization
from the Corps of Engineers (COE) under a Section 404 Nationwide Permit 6 (Survey
Activities) to conduct foundation investigations for the proposed bridge replacement
(COE Action ID 199707138). Along with the pre-construction notification for this
nationwide permit, the DOT sent a copy of the project planning report, a Categorical
Exclusion (CE).
The project involves replacing the existing bridge on SR 1319 over Big Laurel
Creek with a new bridge on new relocation, west of the existing bridge (described as
Alternate 1 in the CE). Traffic will be maintained on the existing bridge during
construction. Big Laurel Creek is classified by the North Carolina Wildlife Resources
Commission (WRC) as a Hatchery Supported Designated Public Mountain Trout Water.
Since completion of the CE for the project, the U.S. Fish and Wildlife Service has
added federally-protected species to Madison County. The DOT has reviewed the project
for these species and determined that no federally-protected species will be impacted by
the project. Attached to this letter is a memorandum summarizing this review.
Impacts to waters of the United States are necessary to construct the new bridge.
In addition to bridge construction, these impacts include a temporary causeway, pipe
extension and stream relocation. The existing pipe under SR 1319 will be extended to
accommodate the new bridge. Project construction to extend the pipe will impact
OF TRANSPORTATION
P.O. WX 25201. RALEIGH. N.C. 27611-520 E.
0

2
105 feet of stream, with 45 feet of the impact being stream relocation. A portion of the
existing roadway will remain to accommodate a driveway located SR 1319.
The project is being processed by the FHWA as a "Categorical Exclusion" (CE)
in accordance with 23 CFR 771.115(b). Therefore, the DOT does not anticipate
requesting a Section 404 Individual Permit but proposes to proceed under a Section 404
Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued
December 13, 1996, by the COE. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
In addition to the request for a Section 404 Nationwide Permit 23 request, the
DOT also asks for authorization under a Section 404 Nationwide Permit 33 to construct
the temporary causeway. The DOT has prepared permit drawings for the temporary
causeway and these drawings have been attached to this letter.
The DOT anticipates that 401 General Water Quality Certification for an
approved CE and for construction of a temporary causeway will apply to this project. A
copy of the CE document was provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, with the Section 404
Nationwide Permit 6 application.
Enclosed is a completed preconstruction notification form for Nationwide Permits
23 and 33, and 401 General Water Quality Certification. The DOT requests that the
WRC provide comments to the COE concerning both permit requests.
If you have any questions or need any additional information, please contact
Mr. Phillip Todd at [phone], Extension 314.
Sincerely,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. David Franklin, COE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. Mark Davis, WRC, Waynesville
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, PE, Structure Design
Mr. Whit Webb, PE, Program Development
Mr. Len Hill, Highway Design
Mr. A. L. Hankins, Hydraulics Unit
Mr. Tom Shearin, PE, Roadway Design
Mr. W. D. Smart, PE, Division 13 Engineer
DEM ID: 970624 CORPS ACTION ID: 199707138 T.I.P. No. B-2584
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4): NWP 23 and 33
PRE-CONSTRUCTION NOTIFICATION APPLICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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: Madison NEAREST TOWN OR CITY: White Rock
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): North on NC 208 to SR 1319
6. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is
hatchery supported designated public mountain trout water
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 [x] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Nationwide Permit No. 6
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: See cover letter FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: x PLACEMENT OF PIPE IN CHANNEL: x
CHANNEL EXCAVATION:
OTHER:
CONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Temporary causeway construction. Bridge construction, pipe extension,
stream relocation using equipment for bridging roadway.
13. PURPOSE OF PROPOSED WORK: Replace existing bridge
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetlands are not impacted.
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:
By copy of letter (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: July 14, 1996 and January 26, 1995
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [x] NO H (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 [x] NO [ ]
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].
4
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 14, 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
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.
O ER'S/AGENT'S SIGNATURE
? 98
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

r
State 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
?s?
mom
July 29, 1997
Madison County
DWQ Project # 970624
TIP No. B-2584

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jug.
:•' D1V151C??1 CF
't(71 IIGH' N n
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for die
purpose of survey activities at Big Laurel 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. 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 except
as modified below. 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 and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
Si rely,
r ?Qnw ?Vr. .E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorsey
Central Files
970624.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Crook Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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DIVISION OF
VICINITY MADISON COUNTY
PROJECT: 8.2860501 (8258,4)
M ? ? ? RELOCATION OF BRIM-,1`1 N0.158
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DIN7ISION OF HIGH?N`AV 'S
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PROJECT: 8.2860301 (B2584)
RELOCATION OF BRIDGE NO.158
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS GARLAND B. GARRETr JR.
P.O. BOX 25201, RALEIGH. N.C. 27611-5201 SECRETARY
December 9, 1997
MEMORANDUM TO:
FROM:
Gordon Cashin, Permits Supervisor
Permits, Mitigation, and Natural Resources Unit
Teryn Smith, Environmental Biologist
Permits, Mitigation, and Natural Resources Unit
SUBJECT: Protected species resolution for Hybopsis monacha for the
proposed Replacement of Bridge No. 158 over Big Laurel
Creek on SR 1319, Madison County; TIP No. B-2584; State
Project No. 8.2860301, F.A. No. BRZ-1319(1).
ATTENTION: Phillip Todd, Environmental Specialist
Permits, Mitigation, and Natural Resources Unit
REFERENCE: Natural Resources Technical Report prepared by Tim
Savidge, dated March 3, 1995.
The following memorandum provides information to assist in the preparation of
Section 404 Nationwide Permits 23 and 33. The project let date is in October 1998.
This memorandum serves to update any changes to the U.S. Fish and Wildlife Service
(FWS) federally-protected species list for Madison County since the referenced Natural
Resources Technical Report was completed..
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as
amended. As of November 4, 1997, the U.S. Fish and Wildlife Service (FWS) lists two
federally-protected species for Madison County, the peregrine falcon (Falco peregrinus)
and spotfin chub (Hybopsis monacha).
The description and biological conclusion of "No Effect" that was given for the
Endangered peregrine falcon (Falco peregrinus) in the referenced Natural Resources
Technical Report remains valid. The spotfin chub (Hybopsis monacha) has been
0
federally listed as Threatened for Madison County since the report was submitted. A
biological description and conclusion for this species has been included in this report.
Hybopsis monacha (spotfin chub) T
Formerly: Cyprinella monacha
Animal Family: Cyprinidae
Date Listed: 9/9/77
The spotfin chub is a small minnow that is olive green above with silver
sides and the females are whitish below. The males have a brilliant turquoise
blue coloring on their backs, sides of the head, and mid-lateral part of the body,
fins are tipped with white during peak development. Males and females are both
characterized by a prominent black spot on the lower part of the caudal fin.
The spotfin chub now occurs in the Little Tennessee River drainage
system found in Swain and Macon Counties. This minnow inhabits moderate to
large streams, 15-70 meters in width. These streams should have a good
current, clear water, cool to warm temperatures, and pools alternating with riffles.
Specimens of spotfin chub have been taken from a variety of substrates but
rarely from significantly silted substrates. The spotfin chub feeds on insect
larvae. It is considered to be a "sight feeder" that selects its prey off of clean
substrates.
BIOLOGICAL CONCLUSION NO EFFECT
Historic records of the spotfin chub occurrence exist for Madison County.
However, no recent occurrences of this species have been reported. Furthermore, the
FWS believes that the spotfin chub no longer occurs in the French Broad River Basin,
where Big Laurel Creek is located. The N.C. Natural Heritage database of rare species
and unique habitats was also searched on December 8, 1997. The search revealed no
record of the spotfin chub occurring within 1.6 km (1.0 mi) of the project area.
Therefore, the spotfin chub will not be affected by the proposed project.
cc. V. Charles Bruton, Ph.D., Permits, Mitigation, and Natural Resources Unit Head
Hal Bain, Environmental Supervisor
File: B-2584
d
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WINS NO Sit 219U M HDd'IagH IOU YN GwuN /Illllog3
a uae? ?s f uiN3e4. LION [SPUD, RP AN
State 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
&I.KMA
ARI
[D F= F11
July 29, 1997
Madison County
DWQ Project # 970624
TIP No. B-2584
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Franklin Vick
N.C. Dept. of Transportation
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
You have our approval, in accordance with the attached conditions and those listed below for the
purpose of survey activities at Big Laurel 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. 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 except
as modified below. 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 and any additional
conditions listed below. Sediment and erosion control measures shall adhere to the design standards for
sensitive watersheds (T 15A:04B .0024).
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.
S' rely,
?on w d, r. E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Domey
Central Files
970624.1tr
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% recycledt10% post consumer paper
? STAR u?
STATE OF NORTH CAROLINA
970624
DEPARTMENT OF TPANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
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:
GARLAND B. GARRETi' J R.
SECRETARY
401 ISSUE[)
SUBJECT: Madison County, Replacement of Bridge No. 158 over Big Laurel Creek
on SR 1319; Federal Aid Project No. BRZ-1319(1); State Project No.
8.2860301; TIP No. B-2584.
Attached for your information is a copy of the project planning document for the
subject project prepared by the North Carolina Department of Transportation (DOT) and
signed by the Federal Highway Administration on May 17, 1996. The project involves
replacing Bridge No. 158 over Big Laurel Creek on SR 1319. The new bridge will be
placed west of the existing bridge, identified as Alternative 1 (see Figure 2 in the
referenced document). During project construction, traffic will be maintained on 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 Big Laurel Creek. The DOT is also
i?
requesting that the NC Wildlife Resources Commission provide comments to the COE
concerning this permit request.
The DOT understands that written concurrence from the 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 the appropriate 401
Water Quality Certification 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.
ySincereI ,
H. Franklin Vick, PE, Manager
Planning and Environmental Branch
HFV/pct
cc: Mr. Bob Johnson, COE, Asheville
Mr. John Dorney, Division of Water Quality
Mr. Mark Cantrell, USFWS, Asheville
Mr. William Rogers, P.E., Structure Design
Ms. Stephanie Goudreau, WRC, Marion
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
Mr. John Williams, P.E., Planning & Environmental
i
:M ID:
CORPS ACTION ID:
T.I.P. No. B-2584
6
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE -CONSTRUCT = ON NOT = F = CAT = ON AP PL =CAT = ON
OR 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
END THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
IELD 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.
OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch
. MAILING ADDRESS: - Post Office Box 25201
ITY: Raleigh STATE:
SUBDIVISION NAME:
NC
ZIP CODE: 27611
'ROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
:AILING ADDRESS ABOVE):
. TELEPHONE NUMBER (HOME):
(WORK): [phone]
IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
'HONE NUMBER:
H. Franklin Vick, P.E., Manager
i. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
4AP OR AERIAL PHOTOGRAPHY WITH SCALE):
:OUNTY: Madison NEAREST TOWN OR CITY: White Rock
1
r
r
USGS Quadrangle map of White Rock
SPECIFIC LOCATION (INCLUDE ROAD
UMBERS, LANDMARKS, ETC .) : North on US 25/ 70 to NC 208, then North on NC 208 to SR 1319
next east on SR 1319 to its crossing of Big Laurel Creek
. IMPACTED OR NEAREST STREAM/RIVER: Big Laurel Creek
RIVER BASIN: French Broad
a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
IGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
WS-I OR WS-II) ? YES [ X] NO [ ] IF YES, EXPLAIN: Big Laurel Creek is a
Hatchery Supported Designated Public Mountain Trout Water
b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
:ANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
C. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
)F COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
la'. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
'ROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF
)REVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
:ERTIFICATION):
3b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
-UTURE? YES [X] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
bridge replacement (Nationwide 23)
2
i
3. PURPOSE OF PROPOSED WORK : Foundation investigation for future bridge replacement
4. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
N WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
N/A
.5. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
tND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
ZEGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
:NDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT
IAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED : by copy of this letter
(ATTACH RESPONSES FROM THESE AGENCIES.)
'.6. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
'SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
.)ROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
)ATE CONTACTED: July 14, 1996 and January 26, 1995 (see appendix of attached Categorical
Exclusion)
.
L7. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
?UBLIC (STATE) LAND?
YES V'1 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
?OLICY ACT?
YES F] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO [ ]
4
F ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
TATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
OMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
UESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
IRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
EPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
7603-8003, TELEPHONE [phone].
8. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
ROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
ETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
ND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
ND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST
HOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
QUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
MPACTED 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
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
40TE: 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
ZAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
ZONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
29,
BE
DWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
rHE OWNER IS PROVIDED (18g.))
A E