20050914 Ver 1_Complete File_20050615

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
JUN 1 ; rll :,
?PJr? 1NLi;i1'pRMtN/1Cf.=,udki?iul;fi
Action Id. 200531951 County: Cherokee Quad: Murphy
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Responsible Party: North Carolina Department of Transportation, transmitted via email
Mr. Mark Davis
Address: 253 Webster Road
Sylva, North Carolina 28779
Telephone: [phone]
Cc:
Mike Parker, DWQ via email
Dave McHenry, WRC via email
Decimal Degrees: North: 35.000000 West: 84.070750
Size and Location of Property (waterbody, Highway name/number, town, etc.): The proposed project is located at Bridge No. 197
on SR 1584, east of US 19, over Cobb Creek, south of Murphy, Cherokee County, North Carolina.
Description of Activity: NCDOT plans to replace Bridge No. 197 with a new single span structure with timber abutments and
timber beams. There are no proposed permanent or temporary impacts to streams (Cobb Creek) or other jurisdictional waters
associated with this project. This tearsheet does not authorize the discharge of fill material into jurisdictional wetlands or streams
including double handling of any fill materials. The Corps should be contacted and appropriate authorization obtained for any
temporary impacts that may become necessary.
Your work as described above does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the project as described above. This determination
is
effective for five years from the date of this document.
The proposed project does not have a regulated impact on jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulations.
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in
jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers prior to
commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other required
Federal, State, or local approvals/permits.
Date: _June . 2005
Corps Regulatory Official: Angie Pennock Telephone: [phone] ex 6
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WQ Supervisor: RnT r Fdwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - Bridge 197 on SR 1584 County CHEROKEE
Project Number 05 0914 County2
Recvd From DOT Region Asheville
Received Date 5/26/05 Recvd By Region
Project Type replace bridge with bridge
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
GP31 Stream PT O N rF- 1-58-3 rr C 4x0,502. F r ?- ??- O Y ON T__
Mitigation Wetland
MitigationType Type Acres Feet
F_ F F_
Is Wetland Rating Sheet Attached? 0 Y 0 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: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 350000 Longitude (ddmmss) 840415
Comments:
C;017 says no 404 Permit Required due to no impact. Memo from COE dated June 6. 2005 in file.
cc: Regional Office
Central Office Page Number 1
i

STATE of NORTH CAROLINA
012@Rfl16JEJ
MAY 2 6 2005
WE11ANDS AND STORMWgWR BRANCH
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
May 20, 2005
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208 0 60914
Asheville, NC 28801-2714
Subject: GP 31 Permit Application
Bridge Number 197 on SR 1584 over Cobb Creek
Cherokee County
Permit Fee ($200.00 charge to WBS Element: 1413.20211)
Dear Ms. Pennock,
The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge
Number 197 on SR 1584 over Cobb Creek (Class: C) in Cherokee County. The existing
bridge is an 18-foot single span structure with timber abutments and timber beams. The new
bridge will span the creek using timber beams on timber abutments at a length of 18 feet. The
footings will be constructed of 12" x 12" timber mudsills. All work will be performed in a
dry environment. Sandbag cofferdams will be used if necessary to ensure a clean, dry area,
and to minimize impacts to aquatic habitats and allow the existing stream gradients to remain
as unchanged as physically possible.
Thc; North Carolina Natural Heritage Database was checked for records of threatened and
endangered species. There are no records of threatened and endangered species listed for the
Cobb Creek watershed. Additionally, there are no records for the Nottley River for five miles
below the confluence with Cobb Creek. The impacts from the bridge replacement with
another spanning structure will be minimal. For these reasons, there will be "no effect" on
threatened and endangered species.
Impacts to historic or cultural resources are not anticipated. If the State Historic Preservation
Office (SHFO) and the Office of State Archaeology determines that further investigations are
required, NCDOT will conduct the appropriate site investigations and obtain compliance from
SHPO prior to project construction.
The best management practices will be used to minimize and control sedimentation and
erosion on this project. The construction foreman will review all erosion control measures
daily to ensure sedimentation and erosion is being effectively controlled. If the planned
devices are not functioning as intended, they will be immediately replaced with better devices.
Whittier Bridge Maintenance, 178 Henry Bird Rd, Whittier, NC 28789Teiephone(828)497-7953 Fax[phone]
Impacts to Waters of the United States
Cobb Creek is a perennial stream and is shown as such on USGS topographic maps. The
channel is composed of gravel and sand. The channel lacks vegetation. The stream is of
sufficient size to support fish. For these reasons, we believe the stream is under the
jurisdiction of the U.S. Army Corps of Engineers. In order to construct the project in
accordance with our current bridge maintenance standards, it will be necessary to impact
waters of the United States in the Hiwassee River Basin. Specifically, NCDOT is requesting
to replace Cherokee County Bridge No. 197. Listed below is a summary of the proposed
impacts.
Site No.
Station Existing Condition Proposed Condition Net Impacts
Site 1 Existing End Bent 1 35 LF New End Bent 35 LF 0 LF
Site 2 Existing End Bent 2 35 LF New End Bent 35 LF 0 LF
Total =0 LF
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to
proceed with the construction project outlined above. By copy of this letter, I am asking Mr.
Dave McHenry, Mountain Region Coordinator with the North Carolina Wildlife Resources
Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit
request.
Also by copy of this letter, I am requesting authorization to proceed under Section 401 of the
Clean Water Act from Division of Water Quality. In addition, I asking Mr. McHenry and Mr.
Ed Ingle, Roadside Environmental Field Operations Engineer (NCDOT), to comment directly
to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 497-
7953. Your early review and consideration will be greatly appreciated.
Sincerely,
-- a A.oic
Ben Williams, PF.
Division 14 Bridge Maintenance Engineer
cc:
Mr. John Hennessy, DWQ, DENR Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva
Mr. Mark Davis, Division Environmental Officer, NCDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Whittier Bridge Maintenance, 178 Henry Bird Rd, Whittier, NC 28789Telephone[phone] Fax[phone]
Office Use Only: 0 5 0 91 4 Form Version May 2002
USACE Action ID No. DWQ No.
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: GP 31
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN),
complete section VIII and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Informaticn
Name: North Carolina Department of Transportation
Mailing Address: 178 Henry Bird Rd.
- Whittier, NC 28 89 ---
Attn. Ben Williams Division Bridge Engineer
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: btwilliamsAdot.state.nc.us
2. Agent/Consultant 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: NA
Company Affiliation: NA
Mailing Address: NA
Telephone Number: NA Fax Number: NA
E-mail Address: NA
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 197 over Cobb Creek on SR 1584 in Cherokee Countv
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS # 148.20211
3. Property Identification Number (Tax PIN): NA
4. Location
County: Haywood Nearest Town: Bellview
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): From the intersection of US 64
and US 19/74 at Murphy NC follow US 64 West for approx 5.5 miles to NC 129 and turn
left. Follow NC 129 for approx. 3 miles to SR 1556 on the left. Turn and follow for '/4 niiles
to SR 1584 on the left. Bridge 197 is just beyond this intersection
-- _5__&ite coordinatee ._ c=able-W-T_bk4Dr-F,at/T nncA; 3 00000-°-b1"407-875-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. Property size (acres): NA
7. Nearest body of water (stream/river/sound/ocean/lake): Cobb Creek (DWQ Class C)_
8. River Basin: Hiwassee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Rural residential with surrounding forest and agriculture
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Replace the existing 18-foot single span timber bridge. The new bridge will be a single span
timber structure approx. 18 feet in length. New abutments will sit on timber mudsill
foundations with a timber post and beam substructure. The road will be temporarily closed to
allow for construction.
11. Explain the purpose of the proposed work: Replace bridge 197 in Cherokee County.
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.
NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NA
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.
Page 3 of 8
1. Provide a written description of the proposed impacts: Impacts will include removing the
existing structure and placing the new structure in the same footprint with no new impacts.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
NA NA NA NA NA NA

* 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 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 http://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NA
Total area of wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width of Perennial or
Site Number Type of Impact* Impact Stream Name** Stream Before Intermittent?
indicate on ma linear feet Impact (please secif
End Bent 1 Removal
1 and Replacement
----
. 0 LF Cobb Creek 5' P
3
5 - -- -
End Bent 2 Removal

2
and Replacement
0 LF
Cobb Creek
5' P
35 LF
* 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.rnapquest.corn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: The new structure will
impact the same foot print as the existing structure, therefore there will be no net
impacts to the site.
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound
bay, ocean, etc.)
NA NA NA NA NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: 14A Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information relate to site constraints such as tonogranv' building ordinances, accosibility, Md
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Silt fence will be used around the project to reduce run-off into the stream Any potential impacts
from offsite sedimentation from the project site will be avoided by implementation of
appropriate BMP's.
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.
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 NCEEP 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/strmgide.htmi.
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.
NA.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.neeep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes N 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 [phone] to review current thresholds for environmental documentation.
Yes ? No N
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 N
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 N 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
Gone I extends out 3U teet 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
Page 7 of 8
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stor?nwater (required by DWQ)
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.
There are no bridge deck drains to discharge over surface waters. All bridge and roadway
drainage must pass through a vegetative buffer before entering the stream.
XII. Sewage Disposal (required by DWQ)
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 (required by DWQ)
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
XIV O.ther-Circumstanees_(Appd=al):---
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).
NA
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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