19940294 Ver 1_Complete File_19940331

rI '
SiArf°.
STATE OF.NORTH CAROLINA .
DEPARTMENT OF TANSPORTATION
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
February 2, 1994
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
ATTENTION: Regulatory Branch
Dear Sir:
R. SAMUEL HUNT III
SEC RETA KY
SUBJECT: Yancey County, Replacement of Bridge #58 over Cane
River on US f'9W (TIP B-1445, Project 8.1900501)
The North Carolina Department of Transportation (NCDOT)
proposes to replace Bridge No. 58 in Yancey County. A new
bridge will be constructed immediately to the south of the
existing bridge, and the old bridge will be removed, This
will allow maintenance of traffic on U.S. 19W and allow
improvements to the intersection with SR 1417. The
construction will not require fill below ordinary high water.
However, excavation above ordinary high water will have to be
conducted adjacent to the stream in order to satisfy FE14A
requirements. Unfortunately, grade and alignment constraints
do not allow a larger bridge to avoid this excavation.
This project h Pbeen lassified'a Categorical Exclusion
(Nationwide Permit which is expected to still be
applicable. As thi occurs in a trout county, review
by the U.S. Army C ngineers and the North Carolina
.. .Wildlife Resources C n is required for Nationwide
authorization. We hereby request that you review this
proposal to determine if Nationwide authorization is required
and can be approved.
7
9

Attached are a project location map and a joint
application form. If you have any questions, please contact
Mr. Gordon Cashin at [phone].
Sincerely,
L%
B J_0 Inn, P. E.
Assistant Manager
Planning and Environmental Branch
cc: Mr. R. E. Edmonds, P.E., Division 13 Engineer
Mr. Kelly Barger, PE, Project Management Unit
Mr. A. L. Hankins, PE, Hydraulics Unit
Mr. John Smith, PE, Structure Design
Mr. Bob Johnson, DOA, Asheville
Mr. Chris Goudreau, NCWRC
BJO/gec

NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
JkY NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
,VIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service- (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B, APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
Mey are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWT 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
.ess than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NW 26 (for projects with less than or equal to. one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.

'C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries.Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION l
P.O. Box 33726 Pivers Island
Raleigh, NC 27636-3726 Beaufort, NC 28516
Telephone [phone] Telephone [phone]
Historic resources requirement: For. Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
? 2

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL. RESOURCES
Wilmington, NC 28402-1890 P.O. Bop 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
`•EVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
LEASE PRINT.
1. Owners Name: North Carolina Department of Transportation
Owners Address: P. 0. Box 25201, Raleigh, NC 27611
3. Owners Phone Number (Home): --- (Work): (919) _ 733-3141
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
B J O'Quinn
Assistant Branch Manager
Plannign and Environmental Branch
5. Location of work (MUST ATTACH MAP). County: Yancey
Nearest Town or City: Sioux
Specific Location (Include road numbers, landmarks, etc.): intersection of US 19W and SR 1417
5. Name of Closest Stream/River. Cane River
f. River Basin:
French Broad
3. Is this project located in a watershed classified Trout, A, HQW, OR,W, WS I, or WS H? YES [X] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [XI
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including.wetlands, located on project site:
0.0
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: N/A
"
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: N/A
7
12. Description of proposed work (Attach PLANS-8 1/2" X 11 drawings only): _ Construction of. proposed
4 C 50 cored slab bridge. Excavation above ONW required to privde additional bridge opening
to satisfy FEMA requirements,grade constraints do not allow larger bridge.
13. Purpose of proposed work: Bridge replacement
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken. to minimize wetland impacts. N/A
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the pernut area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C: If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Rural, mountainous
F. If applicable, what is proposed method o$ sewage disposal?
Own 's Si Date

SCALE
1 0 1 2 A MILES
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
YANCEY CO.
PROJECT: 8.1900501 (B-1445)
REPLACEMENT OF BRIDGE NO.58
ON U.S.19W OVER CANE RIVER.
SHEET .L_ OF 5 DEC 1993
° ow ?
?? ??t G O a??.? ? ?,o ?v z ? 5 C'? S ? ? ,? (? W A
a 0 a?
7 U ,-? 0 U
o ,p w z z z o 0
O
04 z
x
SR VMT1 / z 1:4 0
1
r"' ' ??- -- -- - `" o
xd i XQ
? u
r
U o
110 ?1 3 0
a
1,?'11a a ? 3 '
1? 1
\ p
?' / O

1
?
1
QA
_ ?z

4

P ?

°
o
Q
0 LO
t

a?

i

/

? ; o 0

1
3i I
o'
I?
z
0-4 ?a M
?' ? ? W x w

oo-
O
x -
?
A A
tt
H U $ o
w ?
z
00
z0

0
_ o
o?
c

n
W

A A ?p F

z
P4
A4
W
o W
r-
P9

I

N
a
a ?
J J
? r
oz
u g
i
i
? a
q

O U

H
x a
x ?
0
0-1
O

0 L--J O LJ

.k
I
I?
!z
I
I
I(
1
O 0
0

02
Z
0
a
w
1
1
1
1
1
3
d o
0
z
?a
°
F? ?z
N ? ? Wa w
o ? ? a
an Cx7 ?j
Z
a W $ oa
o U°-?
z o O
E-. rn , ^I
w 5 W v ?' v?
in Cfi
- U A a aU w
W
Z a0
O
W
m
-0

a
d
A
I
?

a
;3 H
o
-? ? a
1L

2 Z
P o ?W-,

a

a
02 _ o

N
° a
0
x
lye ? ?
I`
D ?
c9 -J4 j
C)I
r W I ? ?
Q (- - - - - - --rt -? -
X O
?rl I i?

O O -
0

C?2 02

z
0 ?a M
o?

rn C7 ?j ? ? U
O U

0 0 a,
A 0

a H
z ?z ?
90
Z -??
W o
a?
W
?Q3

Q
I

a Y
LL '? O

t 1
as
o
W

I Q

i
O
O
x
w a
.A
Q
V ?.
'ti.
N. C. DEPARTMENT OF TRANSPORTATION
DATE
TRANSMITTAL SLIP k
c
TO: REF. NO. OR ROOM, BLDG.
FROM
REF. NO. OR ROOM. BLDG.
ACTION
? NOTE AND FILE ? PER OUR CONVERSATION
? NOTE AND RETURN TO ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FO UR APPROVAL
? NOTE AND SEE ME ABOUT THIS OR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
? PREPARE REPLY FOR, MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:

" a L]
ray y ? _ L
d v. SQNVI13M
t ? Z 7i W
AP 0
® North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
February 22, 1994
Mr. David Baker, Permit Coordinator
U.S. Army Corps of Engineers
Regulatory Branch
Room 75, Grove Arcade Building
Asheville, North Carolina 28801
SUBJECT: NCDOT application to replace Bridge ##58 over Cane River
on US 19W, Yancey County
Dear Mr. Baker:
The North Carolina Department of Transportation (NCDOT) is
requesting a letter of,concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. The NCWRC has reviewed
information provided by the applicant, and field biologists on
our staff are familiar with habitat values of the project area.
These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.,S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
We previously commented on an earlier phase of this project in a
December 10, 1993 letter to your office. At that time we had no
objection to the project because no trout waters were involved.
However, we have since become aware that the Appalachian elktoe
Alasmidonta ravenliana, a candidate for Federal listing as an
endangered species, has been found downstream of the project
site. This species also is listed as endangered by the state of
North Carolina.
Even though trout waters are not involved, we have several
recommendations concerning the protection Qf the Appalachian
elktoe.
1. Heavy equipment should not be operated in the stream
channel in order to minimize sedimentation and reduce
the likelihood.of,introducing other pollutants into the
stream.

i
Bridge #58, Yancey County Page 2
February 22, 1994
2. Construction must be accomplished so that wet concrete
does not contact stream water. This will lessen the
chance of altering the stream's water chemistry and
killing aquatic organisms.
3. Riprap placed for bank stabilization should be kept to
a minimum so as to retain riparian vegetation, which we
prefer for bank stabilization where practical. Also,
riprap must not be used to line the bottom of the
stream channel.
4. Erosion controls should be installed where soil is
disturbed and maintained until project completion.
Extra precautions should be taken in the areas to be
excavated, stabilized with riprap, and when removing
the existing bridge.
5. Waste earthen material from the project must not be
placed in any stream or wetland or within the 25-foot
buffer zone of any stream classified as "Trout" by the
N.C. Division of Environmental Management. It should
be deposited on high ground, and immediately graded and
seeded.
6. Temporary ground cover (e.g. hardwood mulch, straw,
etc.) should-be placed on all bare soil during
construction.."Permanent vegetation in these same areas
should be established within 15 days of ground
disturbing activities to provide long term erosion
control.
7. Vegetation (especially trees) should be established in
the riparian zone along the alignment of the existing
bridge upon its removal.
Thank you for the opportunity to review and comment on this
project. If there are any questions regarding these comments,
please contact me at 704-652-4040.
Sinc rely,
Christopher Goudreau
District Fisheries Biologist
cc: Ms. Stephanie Goudreau, Mountain Region Habitat Biologist
Mr. John Alderman, Piedmont Region Nongame Biologist
Mr. Barney O'Quinn, Planning and Environment Branch, NCDOT
Mr. Ed Ingle, Roadside Environmental Engineer, NCDOT
Ms. Janice Nicholls,- USFWS, Asheville
7