20020792 Ver 1_Complete File_20020521

F W A TF Michael F. Easley, Governor
0 ? lys William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4 Alan W. Klimek, P.E. Director
> Division of Water Quality
© `C
July 2, 2002
Mitchell County
DWQ Project No. 020877
Bridge No. 92 (SR 1330)
Mr. Roger D. Bryan, Division Environmental Officer
NCDOT Division 13
P.O. Box 3279
Asheville, NC 28802
Dear Mr. Bryan:
The North Carolina Division of Water Quality has received your correspondence dated June 26, 2002
regarding withdrawal of a Water Quality Certification for the above referenced project. This letter was
received by our office on July 2, 2002. A §401 Water Quality Certification was issued on July 1, 2002.
We will consider this Certification null and void.
If NCDOT wishes to pursue this project in the future, a new PCN application will be required along with
the processing fee.
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.
--UO
Dorney
Quality Certifi do Program
Attachment
Pc: Wilmington District Corps of Engineers
Steve Lund, USACE Asheville Field Office
Mike Parker, NCDWQ Asheville Regional Office
Central Files
File Copy
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/

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
PO BOX 3279, ASHEVILLE, NC 28802
June 26, 2002
SECRETARY
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208 FILE COPY
Asheville, NC 28801-5006
Subject: Nationwide Permit #14
Bridge #92, SR 1330
Permit Application Withdrawal
Mitchell County, NC
Dear Mr. Lund:
Please withdraw the permit application for the above project. At this time, NCDOT does
not wish to pursue placement of pipes into Lyddies Creek. The comments received by
NC Wildlife Commission recommended construction of a bridge. Due to funding
limitations and cost/benefit analyses for this bridge location, NC DOT will rehabilitate
the existing bridge structure.
If you have any questions or information needs, please contact me at [phone].
Sincerely,
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: F.D. Martin, P.E.
Larry J. Cordell
Ron Linville
Cynthia Van der Wiele
Ed Ingle
Bridge 92, SRI 330, Lyddies Mitchell County
Subject: Bridge 92, SR1330, Lyddies Mitchell County
Date: Fri, 7 Jun 2002 16:38:58 -0400
From: "James R. Linville" <[e-mail]>
Organization: NCWRC
To: "'Cynthia Van Der Wiele, DWQ"' <[e-mail]??-
"'Becky Fox"' <[e-mail]??
"'Marella Buncick, USFWS"' <[e-mail]>
Bob Brown, WRC biologist is definite about wanting a spanning structure
here due to wild trout passage. He visited site twice to review issues.
We may need some help. Lyddies Creek has Brown/Rainbow trout and
tributaries upstream support Brook trout. I will try to visit next week.
Thanks, Ron
James Ronald Linville
NCWRC Regional Coordinator
Habitat Conservation Program
Phone: [phone] FILE COPY
Fax: [phone]
[e-mail]
We shall never achieve harmony with the land, any more than we shall
achieve absolute justice or liberty for people. In these higher
aspirations, the important thing is not to achieve, but to strive. Aldo
Leopold
1 of 1 6/10/02 3:34 PNI
TO: Steve Lund, USACOE
Asheville Field Office FILE COPY
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: June 13, 2002
SUBJECT: North Carolina Department of Transportation (NCDOT), SR1330,
Bridge No. 92 Replacement, Lyddies Creek, DWQ Project No. 020792,
Mitchell County
NCDOT proposes to replace an existing bridge with a double barrel concrete culvert.
North Carolina Wildlife Resources Commission (NCWRC) biologists are familiar with
habitat values in the area. These comments are provided in accordance with the
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A-1
through 113A-10; NCAC 25).
NCDOT proposes to replace the spanning bridge that is approximately 20' long and 20'
wide with two 55' long 73" arch pipe culverts with concrete end walls. According to
NCDOT's application, the bridge "overtopped" during Hurricane Hugo in 1989;
however, overtopping has not been a problem since. Additional site impacts will occur
along the roadway. Mr. Bob Brown, fishery biologist and I conducted a site visit on June
12, 2002. Lyddies Creek in this area supports wild populations of brown and rainbow
trout. Brown trout have been observed up to a culvert under SR1332 and brook trout are
present upstream. The bridge currently spans a couple of riffles and pools that facilitate
trout movement. The bridge site is naturally stabilized above and below the existing
bridge. The proposed double concrete bottomed culvert would significantly impact
stabilized streambanks and important stream habitats.
Based on our field observations and our knowledge of trout habitats, we recommend that
a less destructive bridge alternative be used for this area. In our opinion, a spanning
structure (bottomless arch or core slab bridge) would be less environmentally destructive
and less damaging to trout. A temporary spanning structure in the area just downstream
Bridge 92, SR1330, Lyddies Creek 2 June 19, 2002
of the existing bridge should provide a sufficient single lane crossing during construction.
A very limited volume of traffic was observed during our three (3) hour visit.
Upon receiving additional information on spanning structure options, we will provide
additional comments that will include recommended moratorium periods and other
project specific comments. At this time we are not recommending denial of the pending
application. We are requesting that the permit application be placed on hold until
alternative information is provided and reviewed by NCWRC biologists.
For your information and consideration, we found two piped culverts on Lyddies Creek
upstream of the proposed project. These occur before natural elevations significantly
influenced fish and aquatic life passage. One of these is under a public roadway and the
5 "
other is nr a'triv Both are perched during low flows. We believe that
lowering or replacin t ,:h i pes with spanning structures could provide reduced habitat
;
fragmentation although brown trout passage may already occur during storm events.
Providing mitigation credits for reduced stream fragmentation should be considered.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me
at 336/769-9453.
Cc: Mike Parker, DWQ-Asheville
Cynthia Van Der Wiele, DWQ
Marella Buncick, USFWS
Becky Fox, EPA
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 1, 2002
Mitchell County
DWQ Project No. 020792
Bridge No. 92 on SR 1330
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 55
linear feet of Lyddies Creek in order to replace Bridge No. 92 on SR 1330 in Mitchell County. The
project should be constructed in accordance with your application dated May 16, 2002 (received May 21,
2002). After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification No. 3375 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 implement 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) 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 15 days of ground-disturbing activities to provide long term erosion control.
2. Where practicable, storm water should be directed to buffer areas or retention basins and should not
be routed directly to streams.
3. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning season of October 15 through April 15, or other conditions as determined by the
North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
4. All work shall be performed during low flow conditions.
5. If the existing culverts are perched, they shall be removed and installed correctly to allow for passage
of aquatic life. The pipes required for this project shall be installed in such a manner that the original
stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed
t+l
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.ne.us/ncwetiands/
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. 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.
7. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
8. Riparian vegetation (native trees and shrubs) must be reestablished within the construction limits of
the project by the end of the growing season following completion of construction.
9. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted'
when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
10. 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
S' rely,
Kli , 'P E.
Pc: Wilmington District Corps of Engineers
Steve Lund, USACE Asheville Field Office
Mike Parker, NCDWQ Asheville Regional Office
Central Files
File Copy
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - Bridge 92 on SR 1330
Project Number 02 0792
Recvd From DOT Cops,
Received Date 5/21/02 Recvd By RXit
Project Type
County MITCHELL
County2
Region Asheville
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req
Stream Impacts (ft.)
00
F14 F_- O T -@)N F- 7-2-64-2 ?- TR 40,306. ? F_ 5F5.- F
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y Q N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 360720 Longitude (ddmmss) 821040
Comments:
Site inspection on 6/12/02 with WRC. WRC thought fish passage was an issue with replacing the
existing bridge with two 55 foot culverts and requested that DOT install some type of bottomless
structure or construct a new bridge. DOT says they do not have the funds to install a new bridge and
are to make some structural changes to the existing bridge and withdraw their 401 Certification
?,quest.
cc: Regional Office Page Number 1
Central Office

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E OF NORTH CAROLINA
STAT
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
PO BOX 3279, ASHEVILLE, NC 28802
May 16, 2002
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208 FILE COPY
Asheville, NC 28801-5006
Subject: Nationwide Permit #14
Bridge #92, SR 1330
State Project No. 5.8852 (Minor permit fee DWQ - $200)
Mitchell County, NC
Dear Mr. Lund:
I have enclosed plan sheets and cross-sections, a PCN application for NWP #14, and a
vicinity map relative to the bridge replacement project on SR 1330, Mitchell County, NC.
We propose to replace the existing timber bridge with two arch culverts. The current
structure is in poor condition and needs replacement. Construction activities will be
conducted from dry work areas whenever possible. The culverts will be constructed to
enhance aquatic life passage. 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. Ron Linville, North Carolina Wildlife Resources
Commission 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, Area
Roadside Environmental Engineer.
PAY1117 N T
RECEIVED
. Q
Mr. Steve Lund
Page -2 Bridge #92, Mitchell County
May 16, 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 and comment. Please charge the application-processing fee of $200.00 to work
order # 5.8852. 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 [phone].
Sincerely,
91Z P. 13116-1
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: F.D. Martin, P.E.
Larry J. Cordell
Ron Linville
Cynthia Van der Wiele
Ed Ingle
Office Use Only' n Form Version April 2001
USACE Action ID No. DWQ No. 0207 9 2
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:
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
1. Owner/Applicant Information
Name: NC D partment of Transportation
Mailing Address: P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6287 Fax Number: 828-251-6394
E-mail Address: rdbryanadot 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 1 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 #92
2. T.I.P. or State Project Number (NCDOT Only):5.8852
3. Property Identification Number (Tax PIN):
4. Location
County: Mitchell Nearest Town: Buladean
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 226 from Bakersville
toward Buladean Turn right onto SR 1330 at Buladean and yo approximately 1 mile to
existing bridge
5. Site coordinates, if available (UTM or Lat/Long): 36 07'20" N 82 10'40" 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
7. Property size (acres): 0.1
8. Nearest body of water (stream/river/sound/ocean/lake): Lyddies Creek
9. River Basin: French Broad
(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/mgps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: We propose to replace the existing timber
bridge with two 73"x55" arch pipe culverts on Lyddies Creek. The proposed pipes will be
55 feet long.
11. List the type of equipment to be used to construct the project: Excavator, backhoe, and
trucks.
12. Describe the land use in the vicinity of this project: Rural, homes and wooded.
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.
N/A
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 lans
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
Impact Type of Impact* Area of **
-
t st f
***
Site Number act
im F ood Main
ear
100 Stream
Near Wetland
Type o
Page 3 of 8
indicate on ma) acres es/no linear feet
N/A
* List each impact separately and identity temporary impacts. impacts metude, out are not umuea to: mecnantzeu cieanng, grading, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htip://www.fema.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)
Sta. 10+00 Culvert 55 Lyddies Creek 6 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquLst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 55 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 Waterbody Type of Waterbody
Site Number Im act if applicable) lake, pond, estuary, sound,
Page 4 of 8
ite on
N/A
* I ;ot -h ;--t eP -tAw and ;c1Pnt;fv temnnrarv imnacts. Imnacts 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.
The existing bridgemust be replaced due to the poor condition of the structure. The proposed
desig_tl requires burial of culverts to enhance aquatic life passage.
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
Page 5 of 8
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o enr state nc us/ncwetlands/strmoide.html.
1. 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.
N/A
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 b=://h2o.enr.state.nc.u,%/MM/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 X No ?
Page 6 of 8
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 [phone] 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
(Meuse), 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 teet perpendicular trom near banK of cnannei; cone i extenas 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)
Page 7 of 8
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 significant change in impervious surface Stormwater will diverted through settling basins 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.
N/A
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).
With regard to hazardous spill basins the road is not classified as an arterial route, therefore
hazardous spill basins are not required
Applica Agent's Si ture e
(Agent's signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
Vicinity Map: Bridge No. 92, SR 1330, Mitchell County, NC (Bakersville
Quadrangle, Scale 1:24000).
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PROJ. REFERENCE NO. SHEET NO. TOTAL SHEETS
STATE PROD. NO. F.A. PROJ. NO. DESCRIPTION
HAZARDOUS SPILL BASIN CHECKLIST
RIVER BASIN: NORTH TOE RIVER
WATER QUALITY CRITERIA:
YES NO
STREAM CROSSING BLUE LINE ON USGS ® p
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WSI D [Xl
WS 11,111 OR IVY CROSSING WITHIN 0.5mi OF W.S. CRITICAL AREA
ROADWAY CRITERIA:
ROUTE DESIGNATION- YES NO
ARTERIAL URBAN D
ARTERIAL RURAL Ell
YES NO
IS A HAZARDOUS SPILL BASIN REQUIRED? =
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Triage Check List
Date: x?- 2 r- OZ
To:
?RRO Steve Mitchell
?FRO Ken Averitte
E]WaRO Deborah Sawyer
0WiRO Joanne Steenhuis
[]WSRO Jennifer Frye
ZQB0 Mike Parker_
?MRO Pete Colwell
Project Name? grsdV
DWO Project Number l)GL 07 11
County ? M ? C! L t r
From: Telephone (919) 733- n r`_
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? Minimizationlavoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
Commen? 5 '??t9 !!4 ??zSQC?? ?UQ cc1? b? set ?cW rr yt?rc?e? .