19950810 Ver 1_Complete File_19950803

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick
Planning and Environmental Branch
NC DOT
P. 0. Box 25201
Raleigh, N.C. 27611-5201
Dear Mr. Vick:
©®
August 9, 1995
Ashe County
DEM Project # 95810

You have our approval to place temporary fill material in 0.03 acres of wetlands or waters for the
purpose of temporary construction access to replace Bridge # 59 on SR 1100 over the North Fork New
River, as you described in your application dated 27 July 1995. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 2727. This
certification allows you to use Nationwide Permit Number 33 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
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 which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Winston-Salem DEM Regional Office
Mr. John Domey
Central Files
Sincerely,
.
rton Howard, Jr. P.E. ) . '
95810.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Tel6phone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer -10% recycled/ 10% post-consumor paper

3
t ' ?, > > A;?G i
STATE OF NORTH CAROLINA
DEPARTMENT OF 1PANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201
July 27, 1995
Mr. Robert Johnson
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Dear Mr. Johnson:
TRANSMITTED VIA FACSIMILE r
R. SAMUEL HUNT III
SECRETARY
Subject: Ashe County, Replace bridge number 59 on SR 1100 over the North Fork New
River, State Project No. 8.2710401, TIP No. B-2002.
Please find enclosed, the Nationwide Permit application and drawings for the above
referenced project. Your office has already issued Nationwide Permits 6 and 23 for this project,
however, the contractor has requested that we receive authorization for a temporary construction
access (20 feet wide and 70 feet long) across the River. This access is necessary because the
existing truss bridge is not adequate to withstand heavy equipment passage.
Class B rock will be used on the. side slopes and to fill in any voids along the stream
bottom to prevent erosion and stabilize the grade. This material will be removed or will stay in
place (as directed) once the project is completed.
The temporary impacts to wetlands and waters of the US (approximately 0.03 acres) are
anticipated to meet the conditions of the Corps of Engineers Nationwide Permit 33. NCDOT
request, that these temporary impacts be authorized under General Water Quality Certification
2727 by DEM. We also anticipate that comments form the NCWRC will be required prior to
Corps authorization of the Nationwide. By copy of this letter NCDOT requests their review and
ask that they send any comments directly to the Corps.
The contractors April 28 request for this authorization was temporary misplaced by the
NCDOT. The contractor recently informed us that he is ready to begin the work that requires the
temporary access. Without this permit the contractor will have to stop work resulting in
additional construction cost to the State. As a result, your expedient processing of this request
would be greatly appreciated.

a
If you have any questions concerning this application please do not hesitate to call Scott P.
Gottfried at 919-733-3141, Ext. 307.
Sincerely,
H. Fran lin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
Enclosures
cc: District Engineer, COE-Wilmington
Mr. John Dorney, DEM
Ms. Stephanie Goudreau, WRC
Mr. Kelly Barger, P.E. -
Mr. W. E. Hoke, Division 11 Engineer
NOTIFICATION FORM
r INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS 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)
NWP7
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.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 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,
NWP 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
less 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 NWP 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.
T
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
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-13726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
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. - -

i
DEM ID:
!y
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Boy. 29535
Raleigh, NC 27626-0535
ATTN: MR- JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT:
1. Owners Name: North Carolina Department of Transportation; Planning & Environmental Branch
2. Owners Address: P. 0. Box 25201; Raleigh, NC 27611
3. Owners Phone Number (Home): (Work); [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
N- Franklin Vick. P.E.
Manager
5. Location of work (MUST ATTACH MAP). County: Ashe
Nearest Town or City:
Creston
Specific Location (Include road numbers, landmarks, etc.): Replace Bridge No. 59 on SR 1100
(See enclosed map)
6. Name of Closest Stream/River: North Fork New River
7. River Basin:
How Pi var
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [X] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [X] NO [ ]
If yes, explain.
Kmio a R. 9q cnF Action ID: 199302696
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
N/A
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.03 acre (Temporary)
Drained:
Flooded:
Excavated:
Total Impacted: 0.03 acre (Temporaryf
t,

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): A 20' -wide -70'- long
temporary construction access. Class B Rock will be used on the side slopes and to •
fill in any voids on the stream bottom.
13. Purpose of proposed work: To move equipment across the river to construct the bridge.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The present trust bridge is not adequate to withstand
the heavy equipment. Rock will be removed or remain in place (as directed) when the
pToject is completed.
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 [ X ] 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 permit area which maybe affected by the proposed project? Have you done so? YES [X ] 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
F. If applicable, what is proposed method of sewage disposal? N/A
;1 $`91966 T 9p3 i
JOHN H. BRINKL EY, INC.
P.O. EOX 970 • THOMASVILE. NORTH CAROU,lA 27360 • PHONE 475-=26
?.
7E7, '17
tr'
Ta -----MR :---TRENT -BEAVER tjiliY- &
RESIDENT ENGINEER suaig=
_N C . DIV. -HIGMTP_YS
P. O. BOX 250
.-NORTH-WILKESBaRO.--NC - 28659ti N4
ASHE COUNTY - 8.2710401
-REQUEST TO AMEND
CORPS _OF_•ENG VEERS, PE'RMT_T
RIVER CROSSING

---
S7E DISCUSSED 3T THE PRECONSTP.UCTION CONFERENCE THE NEED TO MOVE _
EQUIPMENT ACROSS TFI:E RIVER AT THE. JOB, SITE. THIS IS NEEDED DUE TO
THE PRESENT TRUSS. BRIDGE NOT BEING.ADEQliPTE FOR, MOVING OVER SdITH
HEAVY EQUIPMENT. ALSO, THE SOUTH SIDE OF THE PROJECT IS L_cITED TO
_LOW TONrjAGE,. DUE TO_OTRER_SR.IDGES IN_
WE ARE PROPOSING..TO_ tiiE?TD THE PRES_NT CORPS Or . ENGINEERS PERMIT ALLOW THE CONTRACTOR TO MOVE HEAVY EQUIPMENT ON A VERY LIMITED BASIS
_ ACROSS THE RIVER. OUR ??f IN.. CONCERN-IS TO MOVE..A CR.V, E, TO TriE _SOgTH
SIDE OF THE RIVER.- WE WOULD ALSO NEED TO uTILT_ZE THIS CROSSING AREA
_ TO ERECT._THE STEEL BE2L%lS_ OVER. T,FT-• E RIVER . .WE_3-?E SUBMITTING -ZITH THIS
LETTER DRAWINGS INDICATING THE PROPOSED LOCATION OF THE CROSSING AND
THE R2114PS ALONG_ THE RIVER B;LiK? _THE THE RIV.ER WOUILD BE RETURNED TO IT I.S_
NATURAL STATE ON COMPLETION OF THE PROJECT.
WE REQUEST TH?1 YOII SUBMIT THIS REQL'iEST TO THE PROPER N. C. STATE AGENC
FOR FORWARDING TO THE U. S. CORPS OF ENGINEERS TO MEND THE PRESENT
PERMIT FOR THE PFZOPOSEy,EQUI_ MENi„CRO.SSING=0F THE RIVER.
OAT
JOHN H. BRINKLEY INC-
BY: LARRY CAGLE, V. P.
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VICINITY MAP OF STATE PROJECT
8.2710401 (B-2002)
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., ? ASHE COUNTY
Sv1E PROJECT: 8.2710401 (3-2002)
' 0 1 - 1 a r+au REPLACE BRG Si 59 ON SR 1100
?'- -? OVER NORTH FORK NEW RIVER
SUIE FOR ENEAItGEMEWS
SHEET I OF 3 FEB 1994
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