20001219 Ver 1_Complete File_20000919

State of North Carolina
` Department of Environment
and Natural Resources I Tk: •
Division of Water Quality
llq"w
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary
Kerr T. Stevens, Director
November 22, 2000
Cleveland County
DWQ Project No. 00-1219
Bridge #386, SR 1535 crossing Pheasant Creek
APPROVAL of 401 Water Quality Certification with Additional Conditions
(Modification)
Mr. Daniel D. Holderman, Bridge Maintenance Engineer
North Carolina Department of Transportation, Division 12
1296 Prison Camp Road
Newton. NC 28658
Dear Mr. Holderman:
You have our approval, in accordance with the attached conditions and those listed below, to
replace Bridge #386 (SR 1535) over Pheasant Creek in Cleveland County. The project should
be constructed in accordance with your application dated 8 September 2000 (received 19
September 2000). After reviewing your application, we have decided that this project is covered
by General Water Quality Certification Number 3289. This certification corresponds to the
Nationwide Permit Number 14 issued by the Corps of Engineers. In addition, you should acquire
any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying §404 permit, unless otherwise
specified in the Water Quality Certification. The following additional conditions will be
required:
• In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the rainbow trout spawning season of January 1 through April 15 to protect the egg
and fry stages of trout from off-site sedimentation during construction.
• Any culverts required for this project shall be installed in such a manner that the original
stream profile is not altered (i.e. the depth of the channel should not be reduced by a
widening of the streambed).
• All work shall be performed during low flow conditions.
• The presence of equipment in the channels must be minimized.
• Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for
storm water sheet flow.
• Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be
planted when practical.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ and submit a new
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

application. 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 the conditions. If the proposed
fill is in excess of 150 linear feet of stream length or 1 acre of wetlands, compensatory mitigation
will 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 above.
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 that conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. 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 919-733-9646.
Sincerely,
ASteve?nsW
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Central Files
[Fwd: Cleveland Co. Br. #386, Pheasant Creek-]
Subject: [Fwd: Cleveland Co. Br. #386, Pheasant Creek-]
Date: Wed, 22 Nov 2000 10:34:44 -0500
From: "Dan D. Holderman" <dholderman @dot. state.nc.us>
Organization: North Carolina Department of Transportation
To: [e-mail]
Subject: RE: Cleveland Co. Br. #386, Pheasant Creek-
Date: Wed, 22 Nov 2000 10:11:44 -0500
From: Ron Linville <[e-mail]>
Organization: NC Wildlife Resources Commission
To: "'Dan D. Holderman"' <dholderman @dot. state.nc.us>
CC: 'Cyndi Bell Karoly' <[e-mail]>
Please forward this response to Cynthia Vanderwiel.
Our fish biologists are most concerned about rainbow trout in the area of
this road. For that purpose, they have recommended the following
moratorium period:
Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the rainbow trout spawning season of January 1 through
April 15 to protect the egg and fry stages of trout.
James Ronald Linville
Western Piedmont Regional Coordinator
Habitat Conservation Program
Phone: [phone]
Fax: [phone]
[e-mail]
"That land is to be loved and respected is the basic concept of ecology,
but that land is to be loved and respected is an extension of ethics. That
land yields a cultural harvest is a fact long known, but lately forgotten."
- A Sand County Almanac - Aldo Leopold
-----Original Message-----
From: Dan D. Holderman [SMTP:[e-mail]]
Sent: Wednesday, November 22, 2000 9:42 AM
To: [e-mail]; Trish Simon; Tim Southard
Subject: Cleveland Co. Br. #386, Pheasant Creek-
Ron - as discussed with you by phone, there are conflicting
moratorium dates between your comments and DEHR comments. Your
comments dated Sept. 21, 2000 gave Jan. 1 thru April 15.
DEHR-DWQ Certification gave dates of Nov. 1 thru March 31. Due
to the poor condition of the bridge we would like to do this
replacement during December. Speaking with Cynthia Vanderwiel at
DEHR, she said whatever dates you wanted, DENR would go along
with. They would only need an e-mail from you.
Please let me and DEHR know what you decide.
Thanks, Dan Holderman
Division 12 Bridge Maintenance Engineer
(828-466-5525)
I of 2 11/22/00 11:52 AN
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
A*24
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary Kerr T. Stevens, Director
September 22, 2000
Cleveland County
DWQ Project No. 00-1219
Bridge #386, SR 1535 crossing Pheasant Creek
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Daniel D. Holderman, Bridge Maintenance Engineer
North Carolina Department of Transportation, Division 12
1296 Prison Camp Road
Newton, NC 28658
Dear Mr. Holderman:
You have our approval, in accordance with the attached conditions and those listed below, to
replace Bridge # 386 (SR 1535) over Pheasant Creek in Cleveland County. The project should
be constructed in accordance with your application dated 8 September 2000 (received 19
September 2000). After reviewing your application, we have decided that this project is covered
by General Water Quality Certification Number 3289. This certification corresponds to the
Nationwide Permit Number 14 issued by the Corps of Engineers. In addition, you should acquire
any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying §404 permit, unless otherwise
specified in the Water Quality Certification. The following additional conditions will be
required:
• In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning season of November 1 through March 31 to protect the egg and fry
stages of trout from off-site sedimentation during construction.
• Any culverts required for this project shall be installed in such a manner that the original
stream profile is not altered (i.e. the depth of the channel should not be reduced by a
widening of the streambed).
• All work shall be performed during low flow conditions.
• The presence of equipment in the channels must be minimized.
• Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for
storm water sheet flow.
• Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be
planted when practical.
This approval is valid solely for the purpose and design described in your application (unless
modified below). Should your project change, you must notify the DWQ and submit a new
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
application. 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 the conditions. If the proposed
fill is in excess of 150 linear feet of stream length or 1 acre of wetlands, compensatory mitigation
will 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 above.
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 that conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. 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 919-733-9646.
Sincerely,
ox v ?' 1 /6?
Kerr T. Stevens
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Central Files
M SiNf o
xis
SEP 1 9 2000
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPOR
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201
GOVERNOR
1296 Prison Camp Road
Newton, N.C. 28658
September 8, 2000
Mr. John Dorney
Division of Environmental Management
NCDENR
4481 Reedy Creek Road
Raleigh, N. C. 27607
Dear Mr. Dorney:
PAYMENT
RECEIVED
The North Carolina Department of Transportation Bridge Maintenance Unit has requested
from the US Army Corps of Engineers the issuance of a Section 404 Permit for the
following project:
County: Cleveland
Location: SR 1535, Bridge #386 Cleveland
Stream: Pheasant Creek
Please review the attached Pre-Construction Notifications Application and make any
comments back to the Corps and myself. Should you have any questions, please call me at
828-466-5525.
Attached is a check for $200. to cover the cost of the Water Quality Certification.
Please send a receipt for this, as our Division Business Officer says he needs it in order to
satisfy our NCDOT Fiscal Department's requirements.
Sincerely,
Daniel D. Holderman
Division 12 Bridge Maintenance Engineer
`401 D"'
®®1219
DAVID McCOY
SECRETARY
cc: File
.a 0 0 1219
- STATE OF NORTH CAROLINA
- -- DEPARTMENT OF TRANSPORTATION
JOIE T JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY
L) G( OR SECRETARY
1296 Prison Camp Road
Newton, N. C. 28658
September 11, 2000
Mr. Robert Johnson, Office Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 143 PAYMENT
Asheville, N. C. 28891-5006 RECEIVED
Dear Mr. Johnson:
The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the
following project for your issuance of a Section 404 Permit. We believe this project can be
accomplished under NWP #14, Linear Transportation Crossings.
COUNTY: Cleveland
LOCATION: SR 1535
STREAM: Pheasant Creek
DESCRIPTION: Replace existing 65' long x 20' wide timber bridge with 2 lines of 142"x91"
CMPA, 80' long. Class "IV Watershed - Trout" waters involved. No wetlands involved.
Less than %2 acre of stream effected.
With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission, US Fish & Wildlife Service, State Historic Preservation Office, and NCDENR.
We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction, and every
effort will be made to complete the work in a timely manner.
Our personnel are available to assist with your evaluation of this project, if necessary. Should you
have any questions, please call me at 828-466-5525.
Attachment:
cc: Mr. Ron Linville, WRC
Mr. Brian Cole, USF & WS
Mr. David Brook, SHPO
Mr. John Dorney, NCDENR
File
Sincerely,
Daniel D. Holdernm
Division 12 Bridge Maintenance Engr.
001219
DEM ID :
CORPS ACTION
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #
PRE-CONSTRUCTION NOTIFICATIONS 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: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
2. MAILING ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
PROJECT LOCATION ADDRESS,( INCLUDING SUBDIVISION NAME) -
3. TELEPHONE NUMBER (HOME) JWORK) 828-466-5525
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
AND PHONE NO. #.
DANIEL D. HOLDERMAN
DIVISION 12 BRIDGE MAINTENANCE ENGINEER
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: CLEVELAND NEAREST TOWN OR CITY: CASAR
SPECIFIC LOCATION, (INCLUDING ROAD NUMBERS, NAMES, LANDMARKS, ETC.
BRIDGE #386, SR 1535
6. IMPACTED OR NEAREST STREAM / RIVER: PHEASANT CREEK
RIVER BASIN: BROAD RIVER
-2-
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: WS IV - TROUT
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ( ) NO (X)
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO ( X) IF YES„ PROVIDE ACTION I.D. NUMBER OF THE
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE.
YES ( ) NO (X) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.25 ACRES
(NCDOT RIGHT-OF-WAY)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NONE
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: N/A
FILLING: EXCAVATION :
FLOODING:
OTHER:
DRAINAGE: 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: 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: PLACEMENT OF PIPE IN CHANNEL: -X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHERS:
-3-
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THJE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS : 81/2: X 11" DRAWINGS ONLY:
REPLACE EXISTING 65'X20' TIMBER BRIDGE WITH 2 LINES OF 142"X91" CMPA
(80' LONG). TRACKHOE TO BE USED TO REMOVE EXISTING BRIDGE, BED
AND SET PROPOSED PIPE, AND PLACE RIPRAP AT ENDS OF PIPES.
13. PURPOSE OF PROPOSED WORK: REPLACE DETERIORATED AND STRUCTURALLY
DEFICIENT BRIDGE.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE AND MEASURES TAKEN TO MINIMIZE WETLAND)
N/A
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /
OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA
THAT MAY BE THE PROPOSED PROJECT. DATE CONTACTED : COPY SENT 9/11/00
(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: COPY SENT 9/11/00
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 ( ) NO (X)
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE. YES ( ) NO (X)
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARING HOUSE 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 NO. 919-733-6369
-4-
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITIES INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS 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 I" = 50'
OR F'= 100' 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.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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 DATE
AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.)
5
3
4
=:gro-' SOUTH g
35°
3' a pp
-
3
rt; .. ?
MOUNTAIN WILDLIFE h R
B U R

i;
K `.
;.

C O U N

T Y

-°
.
MANAfMET CATAWBA CO.
:?: ? ' ,

f -- a
WAND LEMAN

1 ? GA?/\.l?_

.pry
is

' GAP
1547

394

7
KJFFALO
KIiO' ?o
sus
covefcroN PArfE g
KNOT 1349 1,?
ol-
cAK o

?..

138 CAMP 170 131! ?
393 1532 KNa 133<
1 ,
KNO. OLD slow 1331 'o ,? 1 5]6

13IR Plsyoh 1397 KNOT
Ch. 1133. .?li9wI
^ ./ Ch. 1139. IRA A .0 1
UZI ?

tiLIS t : L941 77
1°
`
16
?e 9
F
39
391
.346 a
35°75'
a
O
LL.
AX
W
H
35°70'
a
.°
4
°*o
°M Mc
- - i^ -ye- - - ?--- W-PP ?
C..,Pcnl
7
L'
M.1-if
• d
B
I
w
OT
c
5,r? I?3 S
ORE 6
237
U < 91C?
N
l4-Z" /alIk Csr?6-
LQ oa s -f
?? y. •. ? ?. VJ ao s ??.a.sz-v ? ?
t- 4-0 P24
may, • ? Ge.q \ ? ? • `? ?' ?c? -
oo
G ?
a?
woos 14I
i.
ZO_°
&AM
\ 2G5rn??T"
c-- 7V
oc, off"
Low FL oh!
5? is'35
Y? 1DC.o4GG-m ?vj-' of ??G , ?' 3 t3CP
?1ir,

?oO O I l I VI.? ,y '

S ki

-

- -
--
too' 56' 5b Q?=Pcce,r d?= ?? ?3`3r

? o 14011SSUEp"
STATE OF NORTH CAROLINA
001219
DEPARTMENT OF TRANSPORTATION
` JADES B. HUNT JR.
-'GOVERNOR
P.O. BOX 25201, RALEIGH, N.C. 27611-5201
1296 Prison Camp Road
Newton, N. C. 28658
September 11, 2000
Mr. Robert Johnson, Office Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, N. C. 28891-5006
Dear Mr. Johnson:
DAVID McCOY
SECRETARY
P4NtlvT
RFCFlVtD
The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the
following project for your issuance of a Section 404 Permit. We believe this project can be
accomplished under NWP #14, Linear Transportation Crossings.
COUNTY: Cleveland
LOCATION: SR 1535
STREAM: Pheasant Creek
DESCRIPTION: Replace existing 65' long x 20' wide timber bridge with 2 lines of 142"x91"
CMPA, 80' long. Class "IV Watershed - Trout" waters involved. No wetlands involved.
Less than % acre of stream effected.
With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission, US Fish & Wildlife Service, State Historic Preservation Office, and NCDENR.
We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction, and every
effort will be made to complete the work in a timely manner.
Our personnel are available to assist with your evaluation of this project, if necessary. Should you
have any questions, please call me at 828-466-5525.
Sincerely,
Attachment:
cc: Mr. Ron Linville, WRC
Mr. Brian Cole, USF & WS
Mr. David Brook, SHPO
Mr. John Dorney, NCDENR
Daniel D. Holderman
Division 12 Bridge Maintenance Engr.
File

DEM ID :
CORPS ACTION
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #
PRE-CONSTRUCTION NOTIFICATIONS 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 ( I ) 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: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
2. MAILING ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
PROJECT LOCATION ADDRESS,(INCLUDING SUBDIVISION NAME) -
3. TELEPHONE NUMBER (HOME)
JWORK) 828-466-5525
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
AND PHONE NO. #.
DANIEL D. HOLDERMAN
DIVISION 12 BRIDGE MAINTENANCE ENGINEER
1296 PRISON CAMP ROAD
NEWTON, N.C. 28658
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: CLEVELAND NEAREST TOWN OR CITY: CASAR
SPECIFIC LOCATION, (INCLUDING ROAD NUMBERS, NAMES, LANDMARKS, ETC.
BRIDGE #386, SR 1535
6. IMPACTED OR NEAREST STREAM / RIVER: PHEASANT CREEK
RIVER BASIN: BROAD RIVER
-2-
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: WS IV - TROUT
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ( ) NO (X)
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO ( X) IF YES„ PROVIDE ACTION I.D. NUMBER OF THE
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE.
YES ( ) NO (X) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.25 ACRES
(NCDOT RIGHT-OF-WAY)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NONE
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: N/A
FILLING: EXCAVATION :
FLOODING: OTHER:
DRAINAGE: 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: FT. AFTER:
WIDTH BEFORE (BASED ON NORMAL HIGH WATER CONTOURS
WIDTH AFTER: FT.
FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT,
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
FT.
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: -X
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHERS:
-3-
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THJE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS : 8 '/z: X 11" DRAWINGS ONLY:
REPLACE EXISTING 651X20' TIMBER BRIDGE WITH 2 LINES OF 142"X91" CMPA
(80' LONG). TRACKHOE TO BE USED TO REMOVE EXISTING BRIDGE, BED
AND SET PROPOSED PIPE, AND PLACE RIPRAP AT ENDS OF PIPES.
13. PURPOSE OF PROPOSED WORK: REPLACE DETERIORATED AND STRUCTURALLY
DEFICIENT BRIDGE.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE AND MEASURES TAKEN TO MINIMIZE WETLAND)
N/A
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /
OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA
THAT MAY BE THE PROPOSED PROJECT. DATE CONTACTED : COPY SENT 9/11/00
(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: COPY SENT 9/11/00
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 ( ) NO (X)
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE. YES ( ) NO (X)
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARING HOUSE 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 NO. 919-733-6369
-4-
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITIES INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS 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 I" = 50'
OR I"= 100' 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.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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 DATE
AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.)
3 4
_ ;. SOL" R
33°33' a ? ? E C
a• a?-- MOUNTAIN WILDLIFE 3
h u
I*.` B U R 0
C O U N T Y °
CATAWBA CO,
WAO , `eMAI, It
GAP GA? ?? ?143?.7 • M1 , ??. NAFAW
.f
'COVMGi 1
oN I,.a 394 1pa, No
PA}* .6 P M1 !3;<4 ?... 10
_ M KHG 1344 „ QIF-
Im CAR
l.; I 1M0?.3?
138 CAw 170 <y, 6 393
xPoce
I -? OLD SIICtP '7L'ZA .? 33.1. / ?l,t 1414
.o
.!` 1143 y PIW? 1?lL 04O! . .?lighill 0 137'
1 1 .. MlSINlE53 !! `" !1? J a.'Z .:r ?. •I Ch. 1-i?y? 's f
M7Tl 3
I ]7 ? • `?' ?'1' 10 J 1
? t :e-•c LM 77
ti L ?' c '0
169 ¢ 39 391
MOU
Spu7h
?`''l 776 !:4
? . ,? I,::: eewooD
POP. 613
,p Eoira :?.
Conn i:;.
Z
M X47 i£;.
C?
O ,
4,F
U 10 I RIVE?

POP. 469
in
09
O
LL
AX
W
M
35°70'
9x
rp
*01 .1
I

compcoR
7
?1G D OT
c
1IM-RE C?r PCr , p
L+G/??-/l?J"r?3 G'`// 3 ??
SP. 237

ze, (4Z" xc?l'` CSpz,-
Gr is+cos- =E?o ge F?
?k
? W cos -?
------------
oo
141 LJ-
Za
10to? .8 • FL
t3 c- 7V
L.n? GG ay..1
Pk,:? JOLACC-m ge5r of ?v/G , $ 3 f3Cv
? ?ir?
i -L-,\^ 1 L_ t oc

-

-- -?

- - ----------

--
bT
61
6
7
P-

--?--
- -- - ? 21535
56?a LGpcccr' d?=? ?`38?
__ ... T? r,. .. nnf-\Mi C ?/?
'Y
United States Department of the Intrr
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
October 12, 2000
Mr. Daniel D. Holderman
Division 12 Bridge Maintenance Engineer
North Carolina Department of Transportation
1296 Prison Camp Road
Newton, North Carolina 28658
Dear Mr. Holderman:
According to your letter of September 11, 2000, the North Carolina Department of
Transportation is proposing to replace Bridge No. 386 on SR 1535 in Cleveland County. The
existing timber bridge will be replaced with two 80-foot metal arched pipes.
As requested, we have reviewed the proposed project and are providing the following comments
in accordance with the provisions of Section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act), and the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e).
Enclosed is a list of species from Cleveland County that are on the Federal List of Endangered
and Threatened Wildlife and Plants, as well as species of federal concern. Our records for
Cleveland County indicate there are several known locations of the federally threatened
dwarf-flowered heartleaf (Hexastylis naniflora) nearby Bridge No. 386. You should determine
whether there is suitable habitat for dwarf-flowered heartleaf in the area affected by the project. If
suitable habitat occurs in the project area, surveys will be required to determine if the species is
present. if this species occurs in the project area, additional consultation will be required.
Species of federal concern are not legally protected under the Act and are not subject to any of its
provisions, including Section 7, unless they are formally proposed or listed as endangered or
threatened. We are including these species in our response to give you advance notification and
to request your assistance in protecting them if any are found in the vicinity of your project.
We are concerned about the decision to replace a bridge with a set of culverts. We also have
questions about the culverts and their capacity to accommodate high flows, especially during
storm events, and the potential negative effects of scouring on the natural stream channel
downstream of the structures. A bridge would ensure the natural functions of the flood plain and
maintain fish passage, especially during low flows. We strongly recommend replacing the existing
bridge with a bridge.
If you have questions about these comments, please contact Ms. Marella Buncick of our staff at
828/258-3939, Ext. 237. In any future correspondence concerning this project, please reference
our Log Number 4-2-01-022.
Sincerely,
Brian P. Cole
State Supervisor
Enclosure
cc:
Mr. Steve Lund U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 143, Asheville, NC 28801-5006
Ms. Trish Simon, Division 12 Environmental Officer, North Carolina Department of
Transportation, P.O: Box 47, Shelby, NC 28151
Mr. Ron Linville, Western Piedmont Region Coordinator, North Carolina Wildlife Resources
Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources,
Division of Water Quality, Wetlands Section, 1621 Mail Service Center, Raleigh, NC
27699-1621
Mr. William D. Gilmore, Manager, Project Development and Environmental Analysis Branch,
North Carolina Department of Transportation, 1548 Mail Service Center, Raleigh, NC
27699-1548
ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCERN, CLEVELAND COUNTY, NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a listing
of federally listed and proposed endangered, threatened, and candidate species and federal species of concern
found in Cleveland County, North County (for a complete list of rare species in the state, please contact the
North Carolina Natural Heritage Program). The information in this list is compiled from a variety of sources,
including field surveys, museums and herbariums, literature, and personal communications. The North
Carolina Natural Heritage Program's database is dynamic, with new records being added and old records
being revised as new information is received. Please note that this list cannot be considered a definitive
record of listed species and federal species of concern, and it should not be considered a substitute for field
surveys.
Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent counties.
Sea turtles: Sea turtles occur in coastal waters and nest along beaches. This list includes sea turtles
in the counties where they are known to nest. The U.S. Fish and Wildlife Service has
jurisdiction over sea turtle issues on terrestrial systems; the National Marine Fisheries
Service has authority over sea turtles in coastal waters.
Manatees: Manatees occur throughout North Carolina's coastal waters; this list includes manatees
in counties where there are known concentrations. The U.S. Fish and Wildlife Service has
consultation and recovery responsibility for manatees.
COMMON NAME SCIENTIFIC NAME STATUS
CLEVELAND COUNTY
Vascular Plants
Dwarf-flowered heartleaf
Sweet pinesap
Carolina saxifrage
I- exastylis nanifloro
Monotropsis odorata
Saxifraga caroliniana
Threatened
FSC
FSC
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
Proposed A taxon proposed for official listing as endangered or threatened.
C1 A taxon under consideration for official listing for which there is sufficient information to
support listing.
FSC A federal species of concem--a species that may or may not be listed in the future (formerly
C2 candidate species or species under consideration for listing for which there is insufficient
information to support listing).
T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is
threatened due to similarity of appearance with other rare species and is listed for its protection.
These species are not biologically endangered or threatened and are not subject to Section 7
consultation.
EXP A taxon that is listed as experimental (either essential or nonessential). Experimental,
nonessential endangered species (e.g., red wolf) are treated as threatened on public land, for
consultation purposes, and as species proposed for listing on private land.
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was. last observed in the county more than 50 ;ears ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
****Historic record - obscure and incidental record.
'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T,(threatened), and the southern population (from Virginia south to
Georgia)was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A)
designation has no effect on land-management activities by private landowners in North Carolina, part of the
southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service
considers the southern population of the bog turtle as a federal species of concern due to habitat loss.
0
0
0
N
N
r-I
0)
O
0
z
U
W
0
U
Z

w
0 f
N
z
0
A
i
O
z o
O
d N
w ?
U
O
O
W O
O
A N
W \
U N
O ?
0)
0

Z z

z o

0)
0

di i0go SaN
410 6 MS
L}A n?ll l! ?+?