20051127 Ver 1_Complete File_20050621

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STATE OF NORTH CAROLINA r?TF?
DEPARTMENT OF TRANSPORTATIOI?4°??,,
MICHAEL F. EASLEY P. 0. Box 25201, Raleigh, NC 27611-5202 L IPPETT
GovERNOR PHONE: [phone] SEC y
June 14, 2005
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120 051127
Raleigh, NC 27615 Subject: Nationwide Permit #3
Bridge #49 on SR 1106
Avery County, North Carolina
Project Number: 11B.200611 (No DWQ permit fee required)
Dear Mr. Thomas:
The North Carolina Department of Transportation is scheduled to replace Bridge #49 over Three
Mile Creek (three span, 45'x25') on SR 1106 with a new bridge (single span, 50'x33') at the
same location. An of1'site detour is proposed. Two small tributaries to Three Mile Creek (sites 1
and 2) enter the project and will be impacted by the proposed bridge replacement. Site 1 is on the
north side of the bridge. The roadway ditch in this area carries jurisdictional drain from a wetland
adjacent to the road (see topo map). Presently, the ditch drains down a very steep bank onto the
floodplain beside the bridge. We are proposing to rip-rap this section of the ditch down to the
creek. This will result in 35 feet of jurisdictional fill at site 1. (Please note: we are permitting site
1 as a precaution; we mayor may not be impacting this site.) Site 2 is also a wet ditch that
follows the road on the south side of the bridge. The water leaves the ditchline and goes through
two driveway pipes before entering a junction box and another pipe that takes it under the road
and onto the floodplain. We are proposing to add 10 feet of pipe at site 2 in order to increase the
shoulder width at this location. The proposed pipe will empty into a rip rapped ditch that will be
20 feet long and will empty onto the floodplain. Impacts will total 30 feet at site 2. As they are
now, it is unlikely that aquatic life is passing through either of these sites and the proposed
impacts should not decrease the likelihood of passage. Impacts for the proposed project total
65 Feet.
Construction of this project will require impacts to waters of the United States in the French
Broad River Basin. Bridge 949 crosses Three Mile Creek (Class: WS-IV; Tr). The Division 11
Environmental Officer reviewed this project for the presence of threatened and endangered
species on June 14, 2005. The subject project will have no effect on any federally listed
P. O. Box 250, N. WILKESaoRo, NC 28659
PHONE [phone] FAx [phone]
t Mr. John Thomas
Bridge #49 on SR 1106, Aven-
Page 2
June 14. 2005
endangered plant or animal species. Historic compliance work will be scheduled and concurrence
with the State Historic Preservation Office will be obtained if required.
Attached is a Preconstruction Notification Form, plan sheets, a marked county map, a marked
topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
We would like to begin construction as soon as possible. If further information is required, please
let me know. Your early review and consideration will be appreciated.
Sincerely,
GC?-
Staci Hining
Division Environmental Specialist
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Jr h'ii-H'ennessey, Di,w5ijon of Water Quality, 40I/Wetl?nds'Unit (2 copies)
Mike Pettyjohn, PE, Division Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Dennis Bennett, Bridge Maintenance Engineer

Office Use Only:
USACE Action ID No.
DWQ No.
0%
1
Version April 2001
If any particular item is not applicable to this project, please enter "Not Apg"le" or K WA" rather than
leaving the space blank. Ice
I. Processing r®
5 112
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW #3
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: ?
11. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P O Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sshining@,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: Staci Hining Division Environmental Specialist
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P O Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sshining@a dot state.nc us
Page 3 of l 1
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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 #49 on SR 1106
2. T.I.P. Project Number or State Project Number (NCI)OT Only): 1113.200611
3. Property Identification Number (Tax
4. Location
County: Avery Nearest Town: Ingalls
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached maps
5. Site coordinates, if available (UTM or Lat/Long): DD: 35.9730°N, 81.9981° 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:
Residential/Agriculture
7. Property size (acres): Approximately 0.05 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Three Mile Creek (Class: WS IV,
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.ne.us/admin/maps/.)
Page 4 of I I
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10. Describe the purpose of the proposed work: Upgrade existing stream crossing.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe and dump
trucks.
12. Describe the land use in the vicinity of this project: Residential/Agriculture
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: N/A
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 Im act* Area of Located within Distance to
Page 5 of I I
f
1
Site Number
(indicate on ma) ' Impact
(acres) 100-year Floodplain**
(yes/no) Nearest Stream
(linear feet) Type of Wetland***
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not lmutW to: mechanized cieanng, gradmg, im,
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
*** 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 acres
Total area of wetland impact proposed: 0 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of Perennial or
Site Number Type of Impact* Impact Stream Name**
Stream Before intermittent?
(indicate on map) (linear feet)
impact (please specify)

Site 1
Fill, rip rap only 35 feet or
less Unnamed tributary #1 to
Three Mile Creek
1 foot
Perennial

Site 2 Fill, pipe
10 feet Unnamed tributary #2 to
1 foot
Perennial
extension Three Mile Creek
Site 2 Fill, rip rap 20 feet Unnamed tributary #2 to 1 foot Perennial
channel Three Mile Creek
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
Several Internet sites also allow direct download and printing of USGS maps (e.g.,
.
etc.)
Cumulative impacts (linear distance in feet) to all streams on site: 65 In. ft. of new permanent impacts.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and -any
other Water of the U.S.
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)

N/A
* List each impact separately and identify temporary impacts. hnpacts include, but are not limited to: till, 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
Page 6 of I 1

Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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 must be replaced due to its condition. By utilizing, all appropriate BMPs
during construction adverse impacts to UT's of Three Mile Creek and Three Mile Creek will be
minimized
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. - - Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCAW 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
httpifh2o enr state nc us/ncwetlands/strm<7ide.htmi.
Page 7 of t l

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 httQ://li2o.enr.state.nc.us/wrp/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): To be determined by the COE
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
Page 8 of 11

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 ® 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.
N/A
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.
Impervious acreage increase will be negligible All appropriate best management practices for
sediment and erosion control will be implemented during construction
XII. Sewage Disposal (DWQ Only)
Page 9 of 11

1
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 (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes E] No N
Is this an after-the-fact permit application?
Yes ? No N
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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorizatio n letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Page 10 of 11
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Bridge #49 on SR 1106, Avery County
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2) Site 1; looking toward bridge; wetland adjacent to road, draining through roadway
ditch
3) Site 2; wet ditch upstream of bridge before entering junction box (junction box
located at yellow DOT truck)
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BRIDGE CONSTRUCTION SEQUENCE
I.PLACE PROPER EROSION CONTROL DEVICES
(SILT BASINS, TEMP. DIVERSION, SILT FENCE ECT.)
2.REMOVE EXISTING STRUCTURE.
3.EXCAVATE MATERIAL TO PLACE TEMPLATE FOR END BENT # 1,
ANY WATER FROM EXCAVATION AREA WILL BE PUMPED
INTO A SILT BAG OR STILLIN BASIN. THE WORK FROM THIS ACTIVITY
SHOULD NOT EFFECT THE EXISTING STREAM CHANNEL.
4. DRIVE H-PILES THEN FORM AND PLACE CONCRETE FOR
END BENT #1.
5.AFTER CONCRETE HAS SET FOR END BENT-#1 PLACE CLASS 11 AND CLASS-B RIP-RAP
FOR SLOPE PROTECTION.
6.MOVE AROUND TO END BENT #2-AND REPEAT STEPS 3 THRU 5.
TSET CONCRETE BEAMS AND COMPLETE BRIDGE.
&COMPLETE BRIDGE APPROACHES AND ROADWAY (THIS INCLUDES SEEDING
AND MULCHING)
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