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HomeMy WebLinkAbout20020358 Ver 1_Complete File_20020311Nf ATF Michael F. Easley, Governor \O?O ROC. William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. > Acting Director p -? Division of Water Quality March 25, 2002 Buncombe County DWQ Project No. 020358 Bridge No. 178 on SR 3121 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Roger D. Bryan, Division Environmental Officer NCDOT Division 13 P.O. Box 3279 Asheville, NC 28802 Dear Mr. Bryan: You have our approval, in accordance with the attached conditions and those listed below, to impact 95 linear feet of Robinson Creek in order to replace Bridge No. 178 on SR 3121 in Buncombe County. The project should be constructed in accordance with your application dated March 6, 2002 (received March 11, 2002). 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 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 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. NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and 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 clays of ground-disturbing activities to provide long term erosion control. 2. 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. 3. Where practicable, stormwater should be directed to buffer areas or retention basins and should not be routed directly to streams. 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/ncwetiands/ 4. Temporary or permanent herbaceous vegetation shall be planted on all bare soil within 15 days of ground-disturbing activities to provide long term erosion control. 5. 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 must not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of the culvert. The culvert shall be installed one foot below the stream to allow for fish and other wildlife movement. If the existing culvert is perched, it shall be replaced and installed correctly. 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 must 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. 11. Rock silt screens at culvert outlets shall be removed at project completion. 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 919.733.5715 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 X20353 e y? • MAR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR PO BOX 3279, ASHEVILLE, NC 28802 March 6, 2002 Mr. Steve Lund US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Subject: Nationwide Permit #14 SECRETARY Bridge 178, SR 3121 State Project No. 5.8452 ($200 Minor Permit Fee DWQ) Buncombe County, NC Dear Mr. Lund: I have enclosed a straight-line diagram, a PCN application for NWP #14, and a vicinity map relative to the bridge replacement project on SR 3121, Buncombe County, NC. We propose to replace the existing timber bridge with an arch pipe. The total pipe length will be 75 feet with an additional 20 feet of rip-rap at the outlet. Headwalls will be constructed on inlet and outlet. The current structure is in poor condition and needs replacement. The pipe will be installed to insure aquatic life passage. Construction activities will be conducted from dry work areas whenever possible. Existing channel morphology will be maintained upstream and downstream of the bridge. 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. Erosion control measures will be employed from the "Erosion and Sedimentation Control Guidelines for Division Maintenance Operations" and reviewed by Mr. Ed Ingle, Roadside Environmental Field Operations Engineer. ,1? Mr. Steve Lund Page -2 Bridge 178, Buncombe County March 6, 2002 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. Please charge the application processing fee of $200.00 to work order # 5.8452. Please forward comments directly to the Corps with copy to Division 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, o ?61a ---- Roger D. Bryan Division 13 Environmental Officer Enclosures cc: F.D. Martin, P.E. Larry J. Cordell Owen Anderson Cynthia Van der Wiele Ed Ingle Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 020358 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit ? Section 10 Permit X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 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 Owner/Applicant Information Name: NC Department of Transportation Mailing Address: P.O. Box 3279 Asheville, NC 28802 Telephone Number: 828-251-6287 Fax Number:-828-251-6394 E-mail Address: rdbryan 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: Pagel of 8 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 #8178 SR 3121 2. T.I.P. or State Project Number (NCDOT Only): 5.8452 3. Property Identification Number (Tax PIN): 4. Location County: Buncombe Nearest Town: Skyland Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Bridge #178 is located off of Pinner Cove Road (SR 3121) south of Asheville. Take Highway 25 South then left onto Mills Gap Road for approximately 1 mile. Turn left onto Pinner Cove Road, bridge is approximately 2 miles north. 5. Site coordinates, if available (UTM or Lat/Long): 35 30'24" N 82 29'40" W (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: Existing bridge over Robinson Creek 7. Property size (acres): 0.01 8. Nearest body of water (stream/river/sound/ocean/lake): Robinson Creek 9. River Basin: French Broad Page 2 of 8 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://112o.enr.statc.nc.us/adinin/inaps/.) 10. Describe the purpose of the proposed work: We propose to replace the existing bridge wit an arch pipe. 11. List the type of equipment to be used to construct the project: Excavator, crane, and trucks. 12. Describe the land use in the vicinity of this project: Rural, homes and pasture. 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? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No no future plans 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 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 Type of Impact* Area of Located within Distance to Page 3 of 8 Site Number indicate on ma Impact acres 100-year Floodplain** es/no Nearest Stream linear feet Type of Wetland*** N/A * 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 tloodplains 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://www.feina.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: 0.0 Total area of wetland impact proposed: 0.0 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? leasespecify) Bridge 178 bridge 75 Robinson Creek 4 ft P Rip-rap 20 Gap Creek 4 ft P * 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.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2orone.com, www.mauuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 95 feet 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Type of Impact* Area of Name of Waterbod T e of Waterbod Page 4 of 8 Site Number Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay,. etc. N/A * List each impact separately and identify temporary impacts. Impacts include, out are not umited to: nu, excavation, ureugmg, 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 Describe the method of construction (e.g., dam/embankment, excavation, 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. The existing bridge is in poor condition and need replacement. Headwalls will be used to minimize the linear impact of the project Rip-rap use will be limited to the minimum necessary to stabilize the structure outlet and will only be placed below existing high water elevations. Riparian vegetation will be established on disturbed areas associated with the project construction. 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. ? wetlands installation of Page 5 of 8 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://li2o.enr.state.nc.us/ncwetlands/sti-m,v,ide.html. 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. 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/wrl)/index.htni. 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) Page 6 of 8 Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X 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 X 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X 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. Page 7 of 8 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. No change _ in impervious area Stormwater will diverted through settling basin or grass lined buffers prior to entering 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X 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). N/A Appli 4nt/Agent's Sdnature / Ddte (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 8 ti Cedar- 1?ake; Rdsc- Hill Ch M- 8f \ - =a -- - - j'3123) _ • /_? 2 . 3934 C1 -0 32'30 `? - --6-0- 0 C \ fXTfNSI ?. ON 600 a 0 Al' 3933 _- c I? B ler un ?In 0 e? (?-Galdwirr??=' 3932 i 31- ROJECTAREA, ? 3931 660 FEET 3930 ?? ;N, • 4. ?r?j i?l? ??i ?.?i ???11 \1 ,j, \l//?to?)lJ?' ? 1?' ?? ??? /, ? ??' vE_•- ??-. 35°38 d30"64 960 000 FEET 365 366 X67 27'30' '68 Vicinity Map: Bridge No. 178, SR 3121, Pinner Cove Road, Buncombe County, NC (Oteen Quadrangle, Scale 1:24000). PROJ. REFERENCE NO. SHEET NO. TOTAL SHEETS STATE PROJ. NO. F.A. PROJ. NO. DESCRIPTION HAZARDOUS SPILL BASIN CHECKLIST RIVER BASIN: EBENQH_DBQAD_BlYEB_ WATER QUALITY CRITERIA: YES NO STREAM CROSSING BLUE LINE ON USGS © = ORW 0 I WSI © I WS 11,111 OR IV, CROSSING WITHIN 0.5ml OF W.S. CRITICAL AREA D ROADWAY CRITERIA: ROUTE DESIGNATION- YES NO ARTERIAL URBAN 0 Fx-l ARTERIAL RURAL L F>El YES NO IS A HAZARDOUS SPILL BASIN REQUI RED? = [El A DENOTES ROD SOUNDING 4 V^ rij P M) 3 l w V) f . M 3 C) a V) U tW a,? Q .?• X W ,U Q;ti;x: ? v M N 0 0- + Q Q ?~? i CL I 4l ? O z Q Lq H O _ / • ------- -\I I / Y N CONC.ORNE / + CL ------ / Q O F- C F- / (n W a ' I? I u ? © I I N V) U w I I w m jEP -Mr I k o w a cr J - _ RNE? N 0. % a O / 3 JU / x Z x_ ww INII_ -4Se,01 ?w - ?. ?mo? 1SgZi ?? (L9w U? I m I ~ (10 lp - I I \ • I I O X O Y LO CL + ;I W Q7 • I LL- F- 0- F-° ILL I +CL V) CL . II .m - cr- • w X ? °• I to co 0 V) I I 3 a oM O O N O O + O O O O O O O 00 l ? 2 20(12 North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director Mr. Steve Lund U. S. Army Corps of Engineers Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 April 16, 2002 SUBJECT: NCDOT Nationwide 404 Permit Application Replace Bridge No 178 on SR 1321 - Robinson Creek Buncombe Countv, North Carolina Dear Mr. Lund: I u ` k WATER VALM SECTION FS}{EVILI REGION Mr. Roger Bryan 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. 178 on SR 3121. The existing timber bridge will be replaced with a 75-foot arched pipe. Twenty feet of riprap is requested at the pipe outlet. The Division of Water Quality classifies this reach of Robinson Creek as C trout. This stream is not designated tout water by the NCWRC under the Public Mountain Trout Water program. The stream is small and habitat appears to be limited. Biologists with the NCWRC are of the opinion that this project should not result in adverse impacts to trout. We prefer spanning structures in trout waters. However, we will not oppose the use of an arched pipe in this location due to limited habitat. The NCWRC is concerned about potential project impacts to other aquatic resources in this drainage, however, we do not object to the issuance of a 404 permit provided the subject permit is conditioned as follows: 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. Erosion control matting should be used at stream crossings and areas adjacent to streams instead of straw mulch. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Bridge No 178, SR 1321 2 April 16, 2001 Buncombe County, Robinson Creek 2. The pipe arch should be installed so that it does not create a barrier to aquatic life movement. 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 pipe installation. 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. If possible, stormwater should be routed to buffer areas and not discharge directly to the stream. 7. -..If concrete is used during construction, adequate precautions must be taken to prevent direct contact between wet concrete and stream water. Water that has contacted uncured concrete anapovld nQt bye discharged to surface waters due to the potential for elevated pH. ..,.$_ Anv over widened areas at the bridge site should be restored, and the wridth/depth ratio typical of the stream should be maintained through the bridge site. 9. Discharging hydroseed 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) 452-2546. Sincerely, / Owen -F. Anderson Mountain Region Coordinator Habitat Conservation Program cc: Mr. Roger Bryan, Division 13 Environmental Officer, NCDOT Mr. Mike Parker, Division of Water Quality Ms. Marella Buncick, Highway Coordinator, USFWS o?o? w A rF9p? 7 >_ r y O <' Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality DWQ Project No.: .: ?.0 3 5 County: Applicant: J-, S , C o,l A v- 1 Project Name: F?- l2 IPC.- 13,r, Date of Issuance of 401 Water Quality Certification: Y?larc- I-. -Z!;, ';Z .L Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, L- , ;, , L o r A - I I , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved pla and sped iica?tioJ and other supporting materials. Signature:, ?-c1'l J ?-Y aC Date: 7- O Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date NETLANDS 1401 0"AOUP ,JUL 1 5M3 4ATEA QUALITY SECTION ?irA NM R Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 OF WATER Michael F. Easley, Governor William G. Ross Jr., Secretary ?O p(, North Carolina Department of Environment and Natural Resources j r Alan W. Klimek, P.E. Director Division of Water Quality O ? DWQ Project No.: -2 Z U 35? County: (L NC Om b to Applicant: C D-1- Project Name: r Date of Issuance of 401 -Water Qualit Certification: 3 ) Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 40 ]/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. - Applicant's Certification C hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the app ed plans and p :if ions, and other sull-ti m terials. Signature: Date: ??)) (.P f? Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. _ Date 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/ AX;i?