HomeMy WebLinkAbout20011248 Ver 1_Complete File_20010820NIATF
? 9 Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources
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> Acting Director
.? Division of Water Quality
October 15, 2001
Jackson County
DWQ Project No. 011248
Bridge No. 146 on SR 1370 (Greens Creek)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J.D. Metcalfe, Bridge Maintenance Engineer
NCDOT Division 14
P.O. Box 77
Whittier, NC 28789
Dear Mr. Metcalfe:
You have our approval, in accordance with the attached conditions and those listed below, to impact
120 linear feet of Greens Creek in order to replace Bridge No. 146 on SR 1370 in Jackson County.
The project should be constructed in accordance with your application dated 13 August 2001
(received 20 August 2001). After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of
Engineers Nationwide Permit Number 14. 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.
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 in writing, and you may be required
to send us a new 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 conditions. If total
wetland fills for this project (now or in the future) exceed one acre or if stream impacts exceed 150
linear feet, 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.
1. Stormwater must be directed to buffer areas or retention basins and must not be routed directly
into streams.
2. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024)
must be implemented prior to any ground-disturbing activities to minimize impacts to
downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be planted
on all bare soil within 10 days of ground-disturbing activities to provide long term erosion
control.
3. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or other conditions as determined by the
North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
4. The bridge and the temporary pipes shall be installed in such a manner that the original stream
profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncweUands/
streambed). Existing stream dimensions are to be maintained above and below the bridge and
temporary pipes. The pipes must be countersunk one foot to allow for passage of fish and other
aquatic life.
5. All work shall be performed during low flow conditions.
6. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
7. The presence of equipment in the channels must be minimized. Under no circumstances shall
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
8. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
9. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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 Ms. Cynthia Van Der Wiele at 919-733-9646
or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208.
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
F WgTF Michael F. Easley, Governor
\O?? RPG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
> -i Acting Director
.? Division of Water Quality
August 23, 2001
Jackson County
DWQ Project No. 011248
Bridge No. 146 on SR 1370 (Greens Creek)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J.D. Metcalfe, Bridge Maintenance Engineer
NCDOT Division 14
P.O. Box 77
Whittier, NC 28789
Dear Mr. Metcalfe:
You have our approval, in accordance with the attached conditions and those listed below, to impact
120 linear feet of Greens Creek in order to replace Bridge No. 146 on SR 1370 in. Jackson County.
The project should be constructed in accordance with your application dated 13 August 2001
(received 20 August 2001). After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of
Engineers Nationwide Permit Number 14. 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.
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 in writing, and you may be required
to send us a new 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 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 and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands
and waters to notify the State in order to assure compliance for future wetland and/or water
impact. These mechanisms shall be put in place within 30 days of the date of this letter or the
issuance of the §404 Permit, whichever is later.
2. A final, written stormwater management plan shall be approved by this Office before the impacts
specified in this Certification occur. The stormwater management plan must include plans and
specifications for stormwater management facilities designed to remove 85% TSS according to
the most recent version of the NCDENR Stormwater Best Management Practices Manual.
3. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024)
must be implemented prior to any ground-disturbing activities to minimize impacts to
downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be planted
on all bare soil within 10 days of ground-disturbing activities to provide long term erosion
control.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetfands/
4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or other conditions as determined by the
North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
5. The bridge and the temporary pipes shall be installed in such a manner that the original stream
profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions are to be maintained above and below the bridge and
temporary pipes. The pipes must be countersunk one foot to allow for passage of fish and other
aquatic life.
6. All work shall be performed during low flow conditions.
7. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
8. The presence of equipment in the channels must be minimized. Under no circumstances shall
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
9. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
10. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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 Ms. Cynthia Van Der Wiele at 919-733-9646
or Mr. Mike Parker of the Asheville Regional Office at 828.251.6208.
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
F I L Ell C 01 P 7
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
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STATE OF NORTH CAROLINA
P. O. BOX 77, WHITTIER, NC 28789
August 13, 2001
Mr. Robert Ridings
Division of Water Quality
401/ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: Nationwide 401 Permit Application
Bridge 146 on SR 1370 - Greens Creek
Jackson County
Dear Mr. Ridings:
A'!; ,n01
LYNDO TIPPETT
SECRETARY
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0 1 "1 %' =! 0
I have enclosed a PCN application, a location map, and a brief project description
for the replacement of Bridge No. 146 on SR 1370 in Jackson County. The bridge will
be replaced with a 50-foot span cored slab structure.
Bridge #146 in Jackson County is a small bridge that we are going to replace with a
50-foot span cored slab structure. There will be no interior bents. A temporary bridge
made of dirt, rip-rap, and several lines of large pipe will first be installed to handle all
traffic flow while the bridge is being constructed. Piles will first be driven at the end
bents for the cored slabs to sit on. As soon as the cored slabs are placed regular traffic
will resume and the temporary bridge will be taken out. If spread footings are
recommended cofferdams will be installed in the creek to perform work in the dry.
Bridge No. 146 spans a small stream named Greens Creek. The drainage area for
the stream is approximately 85 - 90% forest and woodlands. This site is not in violation
of any DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules. Any potential
impacts from sedimentation downstream of the project site will be avoided by the
implementation of appropriate BMP's.
Your earliest consideration for this request would be greatly appreciated.
If you have nay questions or information needs, please call me at (828) 497-7953.
Bridge No. 146 on SR 1370 Page 2 August 13, 2001
Your earliest consideration for this request would be greatly appreciated. If you
have any questions or information needs, please call me at (828) 497-7953.
Sincerely, Q
J.D. Metcalfe
Division 14 Bridge Maintenance Engineer
Enclosures
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CC. Mr. Marls Davis, DEO
File
Bridge Maintenance, P.O. B. 77, Whittier, NC 28789 Telephone (828) 497-7953 Fax (828) 497-6544
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Name: GREENS CREEK Location: 035° 19'41.5" N OB3° 16' 00.4" W
Date: 7/31/2000 Caption: Bridge 146 in Jackson County
Scale: 1 inch equals 1000 feet
(C) 1997, Maptech, Inc.
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://xvw-vv.saw.usace.army.niii/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General pennits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/reatour.litm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr. state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
infonnation requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.iniI/wetlands/nwpfinaIFedReg_pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
infonnation, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.litm1. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Pen-nit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NC Department of Transportation c/o J. D. Metcalfe
Mailing Address: PO Box 77 Whittier, NC 28789
Telephone Number: 1-828-497-7953 Fax Number: 1-828-497-6095
E-mail Address: jmetcalfendot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bridge 146 over Greens Creek on SR 1370 in Jackson County.
2. T.I.P. Project Number (NCDOT Only): 6.503410
3. Property Identification Number (Tax PIN):
4. Location
County: Jackson Nearest Town: Sylva
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped forestland and farmland
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Greens Creek
9. River Basin: Little Tennessee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://112o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
Describe the purpose of the proposed work: Existing Bridge to be removed and replaced with
a one 50 foot span cored slab structure. There will be no interior bents. A temporary bridge
made of dirt. Rip-Rap, and several lines of large pipe will first be installed to handle all
traffic flow while the bridge is being constructed. Piles will first be driven at the end bents
for the cored slabs to sit on. As soon as the cored slabs are placed regular traffic will resume
and the temporary bridge will be taken out. If spread footings are recommended cofferdams
will be installed in the creek to perform work in the dry.
10. List the type of equipment to be used to construct the project:
Backhoe, boomtruck, trackhoe etc.
11. Describe the land use in the vicinity of this project:
Undeveloped forestland and farmland
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future?
anticipated work, and provide justification for the exclusion of this work
application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
If so, describe the
from the current
Page 5 of 12
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year lloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htip://wwvv.fcma.eov.
*** List a wetland type that best describes Nvetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif
I Rip-rap 60' Greens Creek 10' Perennial
2 CMPAB.Rip-rap 60' Greens Creek 10' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.lisp s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.nmoquest.com, etc.).
Page 6 of 12
Cumulative impacts (linear distance in feet) to all streams on site: 120'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Silt fence will be used around the project to reduce run-off into the stream.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/newetiands/strm,ide.litin1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wa2/index.litin. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 9 of 12
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular From near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The drainage area for the small creek is annroximately 85-90% forest and woodlands. Silt fence
will be used around the project to reduce run-off into the stream.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from the project.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Page 10 of 12
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
4t /Y- 81131U
Applicant/AgeiVs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 2514511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Off-ice Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 8564520
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
larine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Allegliany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 12 of 12
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
September 28, 2001
Mr. Steve Lund
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-006
SUBJECT: NCDOT Nationwide 404 Permit Application
Replace Bridge No. 146 on SR 1370 - Greens Creek
Jackson County, North Carolina
Dear Mr. Lund:
Mr. J. D. Metcalfe of the North Carolina Department of Transportation is requesting a letter of
concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. I have reviewed information provided by the applicant, and I am familiar
with habitat values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The applicant proposes to replace Bridge No. 146 on SR 1370 with one 50-foot span cored slab
structure affecting 60 linear feet of stream. No interior bents will be required. A temporary causeway of earth
and riprap will be placed in stream to provide vehicle passage during the replacement of this bridge.
This portion of Greens Creek is managed presently by the NCWRC under the Designated Public
Mountain Trout Water program as Hatchery Supported waters; however, an underlying wild trout population
also exists in this system. The NCWRC is concerned about potential project impacts to trout and other
aquatic resources in this drainage; however, we do not object to the issuance of a 404 permit provided the
following conditions be placed on the subject permit:
Adequate sedimentation and erosion control measures must be implemented and maintained on the
project site to avoid impacts to downstream aquatic resources. Temporary or permanent
herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing
activities to provide long-term erosion control. Erosion control matting in conjunction with
appropriate seeding mixtures should be used at stream crossings and disturbed areas that are
adjacent to streams.
The temporary culverts should be installed directly on the substrate and should not be buried. At
the completion of the project the culverts and fill materials should be removed from the stream.
Mailinb Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
(010 722_2!.12 -- ')Qi r.,?•. (0101 714_741;
Bridge No. 146 on SR 1370 2 September 28, 2001
Greens Creek, Jackson County
Placement and removal of causeway materials shall be in compliance with the stated instream
work moratorium. Filter fabric should be placed between dirt fill and riprap.
3. Under no circumstances should rock, sand, or other materials be dredged from the stream channel
under authorization of this permit,except in the immediate vicinity of required bridge supports.
Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of
the stream channel will likely cause downstream erosion problems, possibly affecting adjacent
landowners.
4. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags or
rock berms, cofferdams, or other diversion structures should be used where possible to prevent
excavation in flowing water.
5. Grading and backfilling should be minimized, and tree and shrub growth should be retained if
possible to ensure long term availability of shoreline cover for fish and wildlife. Backfill materials
should be obtained from upland sites.
6. Stormwater from the bridge should be routed to buffer areas and not discharge directly to the
stream via deck drains.
7. If concrete is used during construction, adequate precautions must be taken to prevent direct
contact between Nvet concrete and stream water. Uncured concrete affects water quality and is
highly toxic to fish and other aquatic organisms. Water that has contacted uncured concrete
should not be discharged to surface waters due to the potential for elevated pH.
8. Construction is prohibited during the trout-spawning period of October 15 to April 15 to protect
the egg and fry stages from sedimentation.
9. Any over widened areas at the bridge site should be restored; and the width/depth ratio typical of
the stream should be maintained through the bridge site.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is strictly prohibited.
11. Discharge of materials into the creek from demolition of the old bridge should be avoided as much
as practicable: Any materials that inadvertently reach the creek should be removed.
Thank you for the opportunity to review and comment on this project. Pending availability of field
staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding
these comments, please contact me at (828) 452-0422 or Owen Anderson at (828) 452-246.
Sincerely,
n,
i1cott Poore
District 9, Assistant Fisheries Biologist
Division of Inland Fisheries
cc: Mr. J. D. Metcalfe, NCDOT
Mr. Mark Davis, Division 14 Environmental Officer, NCDOT
Ms. Cynthia Van Der Wiele, Highway Coordinator, DWQ
Ms. Marella Buncick, Highway Coordinator, USFWS
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