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HomeMy WebLinkAbout20011249 Ver 1_Complete File_20010820o?o? WArFRPG r O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality October 15, 2001 Jackson County DWQ Project No. 011249 Bridge No. 3 on SR 1107 (Norton Mill 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 50 linear feet of Norton Mill Creek in order to replace Bridge No. 3 on SR 1107 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 413 .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 tern 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. 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/ncwetlands/ 4. The bridge 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. 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 919-133-9646 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 Nl /?TF O R Michael F. Easley, Governor R J S QG O? ecretary - oss r., William G. North Carolina Department of Environment and Natural Resources \ r Gregory J. Thorpe, Ph.D. > y Acting Director p -? Division of Water Quality August 23, 2001 Jackson County DWQ Project No. 011249 Bridge No. 3 on SR 1107 (Norton Mill 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 50 linear feet of Norton Mill Creek in order to replace Bridge No. 3 on SR 1.107 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 21-1.0506 (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/ncwetlands/ 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 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. 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 in a ly I . pe, Ph.D reg Rirector Acti g Pc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files File Copy NU CPO STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR August 13, 2001 Mr. Robert Ridings Division of Water Quality 401/ Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 d.d STATE o P. O. BOX 77, WHITTIER, NC 28789 ISSUED Subject: Nationwide 401 Permit Application Bridge 3 on SR 1107 - Norton Mill Creek Jackson County Dear Mr. Ridings: ,10 1- J Rol LYNDO TIPPETT SECRETARY I have enclosed a PCN application, a location map, and a brief project description for the replacement of Bridge No. 3 on SR 1107 in Jackson County. The bridge will be replaced with a 50-foot span cored slab structure. Bridge #3 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. Piles will first be driven at the end bents for the cored slabs to sit on. Half the bridge will be taken out and replaced with cored slabs while the traffic flows on the other side of the bridge. As soon as the cored slabs are placed the other half of the old bridge will be taken out and traffic will flow on the other side. If spread footings are recommended according to geotechnical investigation cofferdams will be installed in the creek to perform work in the dry. Bridge No. 3 spans a small stream named Norton Mill 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. Z' ?1 . 1 Bridge No. 3 on SR 1107 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, J.D. Metcal e e ' g Division 14 Bridge Maintenance Engineer Enclosures BTW:btw cc. Mr. Mark Davis, DEO File Bridge Maintenance, P.O. B. 77, Whittier, NC 28789 Telephone (828) 497-7953 Fax (828) 497-6544 . [C:lnlyDocumentslbridgemaintlmapslbridge' -7psljacksonljack-baseniap.sirlj Scale 1:1.825 Hon 13 `- COWES GAP 5y WHITESIDE MTN. ELEV-4,930 1911-1 ` v 4 a y c ? Ce s e & 0 CHIMNEY TOP MTN. ELEV. 4,625 1105 I?SAPPhi Rid L.4, F • ELEV. 3J041 / 1 1 105 1 G,?f y 1103 `' to FLAT MTN. 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Y?G E]; Vaa,, , 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://Nvw,vv.saw.usace.army.niiI/wet]ands/Perm app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at littp:Hwww.saw.usace.anny.niiI/wetlands/reptour.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 camiot 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://l12o.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 I 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 information 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.mil/wetlands/n,,vpfinalFedRep,.pdf. Processing times vary by pen-nit and begin once the application has been detennined to be complete. Please contact the appropriate regulatory field office for specific answers to pen-nit 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 information, see the DWQ website at http://l12o.ehnr.state.nc.us/ncwetlands/fees.litni1. 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. n -1 `1 kt. Q 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 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. 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: jmetcalfe a, dot.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: E-mail Address: Fax Number: 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 3 over Norton Mill Creek on SR 1107 in Jackson County. 2. T.I.P. Project Number (NCDOT Only): 8.2961301 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Cashiers 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: Farmland, some development 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Norton Mill Creek 9. River Basin: Savannah (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.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 30 foot span cored slab structure. There will be no interior bents. Piles will first be driven at the end bents for the cored slabs to sit on. Half the bridge will be taken out and replaced with cored slabs while the traffic flows on the other side of the bridge. As soon as the cored slabs are placed the other half of the old bridge will be taken out and traffic will flow on the other side. 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 crane, etc. 11. Describe the land use in the vicinity of this project: Farmland some development 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 pen-nit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current 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 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 http:Hwww.fcma.gov. *** List a wetland type that best describes wetland 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 50' Norton Mill 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.uses.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, w•ww.mapquest.com, etc.). Page 6 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 50' 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 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 Permits, 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://l12o.enr.state.nc.us/ncwetiands/strms,,ide.litmi. 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.st.ite.nc.us/Nvrp/index.htm. 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 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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 approximately 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). .0 Ap`pTK-ant/Agent's *nature 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 US Army Corps Of Engineers Post Office Box 1000 Washington, NC 27889-1000 Telephone: (252) 975-1616 Fax: (252) 975-1399 Beaufort Currituck Bertie Dare Camden Gates Carteret* Green Chowan Hertford Craven Hyde Union Watauga Yancey Wilson Yadkin Jones Pitt Lenoir Tyrrell Martin Washington Pamlico Wayne Pasquotank Perquimans *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 Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 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 Alleghany 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 V IL ® 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 28801-5006 SUBJECT: NCDOT Nationwide 404 Permit Application Replace Bridge No. 3 on SR 1107 - Norton Mill 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. 3 on SR 1107 with one 50-foot span cored slab structure affecting 50 linear feet of stream. The bridge will not require any interior bents. This portion of Norton Mill Creek is not presently managed by the NCWRC under the Designated Public Mountain Trout Water program; however, wild trout exist in this drainage. 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: 1. 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. 2. 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 bridge supports. Instream dredging has catastrophic effects on aquatic life, and `iailin- Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 T.,1.-1,-,. 10101 711_2/.11 -- ')41 • T-- /0141 718-7(,11 Bridge No. 3 on SR 1107 2 September 28, 2001 Norton Mill Creek - Jackson County disturbance of the natural form of the stream channel will likely cause downstream erosion problems, possibly affecting adjacent landowners. 3. 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. 4. 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. 5. Stormwater from the bridge should be routed to buffer areas and not discharge directly to the stream via deck drains. 6. If concrete is used during construction, adequate precautions must be taken to prevent direct contact between wet 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. 7. Construction is prohibited during the trout-spawning period of October 15 to April 15 to protect the egg and fry stages from sedimentation. 8. 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. 9. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 10. 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) 452-2546. Sincerely ,7 pole l Scott 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 . Z O F- a 00 ?a z z ?z _ w?ppv P ?r N wO v f ©o0 cr ." OZ" (-) w z a a w 0 U Z r- i O O N N O co O W Q ri N Ln ri ri Z Z Q Q F O 0 O O N V). F .G i i i t O ?O \ V 7 U_ O O O N ? O r i a W V_ r-1 O N \ In O i N \ r- O 47 i z U W ? N M Ln V `\h ?( _U O T--A N O O o tC