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HomeMy WebLinkAbout20010281 Ver 1_Complete File_200102260 0 N 1-1 rl N N O w Q f I O P z It w U LLJ 0 O zz W U w w ?o O?2 M ?o o O O ? O W N U V)- F1 O LL 9 U z W "I F O O a N W \ O N 1-1 N O r-I O ? a w co Z o ~ U ? QZ to r-I ,.7 x L? ? March 23, 2000 Mr. Steve Lund, NCDOT Coordinator U. S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: NCDOT Regional General 404 Permit Application Replace, Bridge No. 118 on SR 1560- Unnamed Tributary North Fork Catawba McDowell County, North Carolina Dear Mr. Lund: Ot , o2-t I The North Carolina Department of Transportation (NCDOT) 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. Biologists have reviewed information provided by the applicant; we are 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 the existing timber bridge (16'x 20') over an unnamed tributary to the North Fork Catawba River on SR 1560 with one flat bottom arch pipe (128" x 83"). The total pipe length is 60 feet. The Division of Water Quality (DWQ) classifies the unnamed tributary as trout water and the reach upstream on Forest Service land is designated as a wild trout stream by the NCWRC. Just downstream of the bridge replacement the unnamed tributary flows into the North Fork Catawba River, which is also classified as trout water by the DWQ and is designated as hatchery supported waters by NCWRC. This area supports both wild brown and wild rainbow trout. The NCWRC is very concerned about the replacement of a spanning structure at this location with an arched culvert and the impacts this project will have on the movement of trout and other aquatic life in this area of the North Fork Catawba River. Another unnamed tributary that supports trout flows into the North Fork Catawba a short distance downstream of the confluence of the subject stream and the North Fork Catawba. This and other small tributaries in this area are probably trout nursery areas and a spanning structure would guarantee access for spawners. The NCWRC can concur with the issuance of a permit for this bridge replacement provided the subject permit is conditioned as follows. Bridge 118, SR 1143 2 March 23, 2001 McDowell County, UT NF Catawba River 1. Replace the existing bridge with another spanning structure instead of the proposed arched culvert to insure that trout have access to this tributary. 2. Adequate sedimentation and erosion control measures must be implemented prior to any ground disturbing activities to minimize 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 should be used as a stabilizing material instead of straw. 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 the 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. The stream should not be over widened at the bridge crossing. Stream morphology should be maintained through the project area. If the stream is over widened already at the bridge crossing, the proper dimensions should be restored as part of the installation of the new structure. 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 gamefish and wildlife. Backfill materials should be obtained from upland sites. 6. If concrete is used during construction, a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Uncured concrete affects water quality and is highly toxic to fish and other aquatic organisms. 7. Riprap placed for bank stabilization should be limited to the stream bank below the high water mark, and vegetation should be used for stabilization above the high water elevation. 8. Construction instream and within the 25-foot buffer zone is prohibited during the trout- spawning period of October 15 to April 15 in order to protect the egg and fry stages from sedimentation. 9. All mechanized equipment operated near surface waters should be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. 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) 452-2546. Sincerely, Owen F. Anderson Mountain Region Coordinator Habitat Conservation Program cc: Mr. Roger D. Bryan, Division 13 Environmental Officer, NCDOT Bridge 118, SR 1143 3 • March 23, 2001 McDowell County, UT NF Catawba River Ms. Cynthia Van der Wiele, Highway Coordinator, Division of Water Quality O?O? W AT ?RpG r Michael F. Easley . Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality March 5, 2001 McDowell County DWQ Project No. 01-0281 Bridge No. 118, SR 1560 over ut to North Fork Catawba River APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Roger D. Bryan, Environmental Officer NCDOT Division 13 P.O. Box 3279 Asheville, NC 28801-5006 Dear Mr. Bryan: You have our approval, in accordance with the attached conditions and those listed below, to replace the existing timber bridge number 118 on SR 1560 in McDowell County with a flat bottom pipe arch. The project should be constructed in accordance with your application dated 21 February 2001 (received 25 February 2001). After reviewing your application, we have decided that this project is covered by General Water Quality Certification Number 3289. This certification corresponds to Regional General Permit Number 1198200031 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying §404 permit, unless otherwise specified in the Water Quality Certification. The following additional conditions will be required: 1.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 to protect the egg and fry stages of trout from sedimentation during construction. 2. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into streams. 3. High Quality Waters Erosion Control Guidelines must be implemented prior to any ground-disturbing activities to minimize 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. 4. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered - - - - - -- - i.e. the depth of the channel should not be reduced b a widening of the streambed - - - - - 5. All work shall be performed during low flow conditions. 6. All mechanized equipment operated near surface waters should 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 should 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. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized 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 should be limited to the stream bank below the high water mark, and vegetation should be used for stabilization above high water. 10. Rock silt screens at culvert outlets should be removed at project completion. 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) Page 2 of 2 This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If the proposed fill is in excess of 150 linear feet of stream length or 1 acre of wetlands, compensatory mitigation will required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed above. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,.send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, Stevens Attachment Pc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Asheville Regional Office Central Files r • ? 5TA7Fo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION n MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY PO BOX 3279, ASHEVILLE, NC 28802 February 21, 2001 Mr. Steve Lund 010281 US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Regional General Permit 9198200031 Bridge 118, SR 1560 McDowell County, NC Dear Mr. Lund: I have enclosed a straight-line diagram, a PCN application for RGP #198200031, and a location map relative to the bridge replacement project on SR 1560, McDowell County, NC. We propose to replace the existing timber bridge with a flat bottom arch pipe. The total pipe length will be 60 feet. The current structure is in poor condition and needs replacement. Construction activities will be conducted from dry work areas whenever possible. Existing channel morphology will be maintained upstream and downstream of the culverts. Culverts will be installed to insure aquatic life passage. Riparian vegetation will be reestablished along disturbed areas associated with project. No federally listed species (threatened or endangered) or critical habitats will be affected by the proposed project. By copy of this letter, we request Mr. Owen Anderson, North Carolina Wildlife Resources Commission Mountain Region Coordinator, to comment directly to the Corps concerning the permit request. -0 3? n M :;z _<z rn Erosion control measures will be employed from the "Erosion and Sedimentation Control Guidelines for Division Maintenance Operations" and reviewed by Mr. W. Neil Trivette, Area Roadside Environmental Engineer. Mr. Steve Lund Page -2 Bridge 118, McDowell County February 21, 2001 By copy of this letter, I am forwarding seven (7) copies of the application package to Cynthia Van der Wiele, NC DENR, Division of Water Quality, 401/Wetland Unit for review. A $200.00 check is enclosed for application processing. Please forward comments directly to the Corps with copy to Division 13 Environmental Officer. Your earliest consideration for this request would be greatly appreciated. If you have any questions or information needs, please contact me at (828) 251-6287. Sincerely, ?' r a "D. Bryan Division 13 Environmental Officer Enclosures cc: F.D. Martin, P.E. Larry J. Cordell Owen Anderson Cynthia Van der Wiele Neil Trivette Richard Silverman CV O vow Q DWQ ID: CORPS ACTION ID: GENERAL PERMIT REQUESTED (PROVIDE PERMIT #) 198200031 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT OR TYPE. 1. OWNER'S NAME: N.C. Department of Transportation 2. MAILING ADDRESS: P.O. Box 3279 SUBDIVISION NAME CITY: Asheville STATE: NC ZIP CODE: 28802 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Bridge 118(SR 1560), McDowell County 3. TELEPHONE NUMBER: (HOME) (WORK) (828) 251-6287 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: McDowell - NEAREST TOWN: North Cove SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Bridge 118 is located on SR 1560 just north of North Cove. The project area is located approximatley 5 miles north of the intersection of NC 226/US 221. 6. IMPACTED OR NEAREST STREAM/RIVER: Unnamed trib. to North Fork Catawba. RIVER BASIN: Catawba 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES X NO IF YES, EXPLAIN: Class C - trout. (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES 0 NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 0_1 (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: 60 FT AFTER: FT WIDTH BEFORE (based on normal high water contours): 10 FT AVERAGE DEPTH BEFORE: 0.5 FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 1 I DRAWINGS ONLY) We propose to replace the existing timber bridge (16'x 20') with one flat bottom arch nine (128"x83") with concrete headwall on the inlet. The total pipe length will be 60 linear feet. The culvert invert will be installed below existingstreambed to insure aquatic life passage within the stream. Mechanical equipment may include excavator, crane, and trucks. 13. PURPOSE OF PROPOSED WORK: To replace a bridge in poor condition with an arch pipe. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) N/A 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: N/A 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED N/A. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES X NO E] (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH ?AROLINA COASTAL MANAGEMENT n n „PROGRAM, "/, ti V ,u.ltit? OWIQER'S/AGENW SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). ,2933 f s a?„•; ! ly, TI r?? i QTL ?\\' ? O ??-'lam-? ' 1111 v C 1 ? 'y -'r`te-?- i? ! ???.. ? : ? - ? , _ ? r _ \ ?? / .? ?, ?? JJ ? ?/ P ` .? r ? '•1 > .' ?_i ,? j?l?O a 1, a Q ` I .. ` ?t ,i' it -11 . 11. `.. \'. •'.;t. ? '. - J=am ---? ?-. x OJE? ?O h isoc R CT AREA Location Map: Bridge #118, SR 1560, McDowell County, NC (Ashford Quadrangle, Scale 1:24000). t C z Y- z f Q B U R K E O m W w W u CD K a Z Q ._.s .7 ,•, dN/7 k y ?SS,lB c r J ,SSeIA .Qy ? ? - N a - SV .2 N N S •? ?S N _ . sYd f 4 lA OD Z ~ C\l c M N L) " 03 n d • ?\ J V J z `? O C?' y7 V Z O,n Zj ` 'L 4 .L b or o J i Y - Z d OD Ley. WO V m. ( 7 J/ F ,,, - `' CV N ~J V . _ ?? ,Oo,ZB o• z ? .. to 0'L On ` ?.X dYd { ?? D 3NId 3?lIMdS 01 : Y' • G I 0 , M ?N O? pbOly. pl a ,SS,IB N. / ' 1 y N N pp D 5 ' 7 ,ygP CATP _? 1 s+ FS NORTH FOR t ry - vl ? SYd L € z ? ° O / V a ?? 3 dYd ? 3 R r F'e •'? c OM1 •C L .2 i 9 to o M ?, .? .-. .. i N 0 0 o° + O O O O N v O 0 ?9 -0 6 -u 0 O o O O m uZ, z r = N r n Y C j Y O Z m Z° N Z H GJ II if w, A p -Fl yn F Z y~ F O O V1 0. a p ,y C " m A O ca F A J D CCo y O A A O O Z z T m y m n --? K r ? n 0 m m m CO NQ ?0 cm 0 z m c rr n rn ?m 'iC Wo o ?a g3 -q ? A ao ; ? xo m z o W ? p\ o? 9 m z n O O m G ? m D Oa° T •• D C z ? Z u m ? O M v rrrr O o? z A to ?O O 0 X O U m o N o z ° N m z O A m O z O v -Di o r m C zz 5 r m X ? o g D O y { ? 7v O F U O 01 N n O p C C Z 0 n D N r D r O N D ? N 0 U1 = cn a 0 m ?r a c: w (" ) co = \ z z a z ?\ o ??Ir u?u wg?? c oa \ m or ? ?o 7 m ti c r D ? p \ C7 '.'? s? \ r0 \ a C cN \ 00 0 C X \ m c w n \ N MAGNETIC JANUARY 2001