19950704 Ver 1_Complete File_19950705

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. Barney O'Quinn
Planning and Environmental Branch
NC DOT
A ATIFAA
?IWA
74
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C) F= F1
August 14, 1995
Mitchell County
DEM Project # 95704
P. O. Box 25201
Co
Raleigh, N.C. 27611-5201 FIL r
Dear Mr. O'Quinn:
You have our approval to place fill material in 0.16 acres of waters for the purpose of
constructing the Spruce Pine Bypass along NC 226, as you described in your application dated 28 June
1995. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2671 and 2727. These certifications allow you to use Nationwide Permit
Numbers 26 and 33 when they are 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.
Sincerel
estop ward, Jr E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Domey
Central Files
95704.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
,C. DEPARTMENT OF TRANSPORTATION

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FROM: - REP. MO. OR ROOM, BLDG.
ACTION
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? NOTE AND RETURN TO ME ? PER YOUR REQUEST,
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RECEIVED
DEC 14 1995
STATE OF NORTH CAROLINA ENVIRONMENTAL SCIENCES
DEPARTMENT OF TkA NSPORTATION
JAMES B. HUNT JR. DMSION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
December 13, 1995
Regulatory Branch
U. S. Army Corps of Engineers
Wilmington Field Office
P. 0. Box 1890
Wilmington, NC 28402-1890
ATTENTION: Mr. Wayne Wright
Dear Sir:
SUBJECT: Mitchell County - NC 226 (Spruce Pine Bypass) from US 19E to
Minpro; T.I.P. No. R-2119; State Project No. 8.1880501; DOA Action
ID. 199400977; DEM Project #95704
Reference the Nationwide Permit Authorization issued February 2, 1994
for the construction of a new bypass of Spruce Pine. Also'reference the
letter of concurrence issued by the North Carolina Wildlife Resources
Commission on December 15, 1993. Additionally, on August 8, 1995, DOA issued
Nationwide Permit No. 33 for a temporary causeway crossing of the North Toe
River. The construction dates for this project will extend from November
. 1995 through November 1998. There have been no changes made.to the project
design since the permits were issued. We hereby request an extension of the
404 and 401 Permits to allow us to work on this project during the designated
construction period.
If you have any questions, or need additional information, please
contact Cyndi Bell at [phone], Extension 306.
Sincer ,sly,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFVJtp
cc: Ms. Stephanie Goudreau, WRC, Marion
Mr. Bob Johnson, COE, Asheville Field Office
Mr. John Dorney, DEM
Mr. Stan Hyatt, P. E., Resident Engineer
e
,_ , .

STATE OF NORTH CAROLINA
DEPARTMENT OF TP ANSPORTATION
JAMES B. HUNT JR. DMSION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
December 13, 1995
Regulatory Branch
U. S. Army Corps of Engineers
Wilmington Field Office
P. 0. Box 1890
Wilmington, NC 28402-1890
ATTENTION: Mr. Wayne Wright
Dear Sir:
SUBJECT: Mitchell County - NC 226 (Spruce Pine Bypass) from US 19E to
Minpro; T.I.P. No. R-2119; State Project No. 8.1880501; DOA Action
ID. 199400977; DEM Project #95704
Reference the Nationwide Permit Authorization issued February 2, 1994
for the construction of a new bypass of Spruce Pine. Also reference the
letter of concurrence issued by the North Carolina Wildlife Resources
Commission on December 15, 1993. Additionally, on August 8, 1995, DOA issued
Nationwide Permit No. 33 for a temporary causeway crossing of the North Toe
River. The construction dates for this project will extend from November
1995 through November 1998. There have been no changes made to the project
design since the permits were issued. We hereby request an extension of the
404 and 401 Permits to allow us to work on this project during the designated
construction period.
If you have any questions, or need additional information, please
contact Cyndi Bell at [phone], Extension 306.
Sincer y,
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
.HFV/tp
cc: Ms. Stephanie Goudreau, WRC, Marion
Mr. Bob Johnson, COE, Asheville Field Office
Mr. John Dorney, DEM
Mr. Stan Hyatt, P. E., Resident Engineer
0)

JAMES B. HUNT JR.
GOVERNOR
District Engineer
U. S. Army Corps
P. 0. Box 1890
Wilmington, North
Dear Sir:
40,1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
95-70-

DIVISION OF HIGHWAYS R. SAMUEL HUNT II I
P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
June 28, 1995
51995
N ' SCI??I"C-0
of Engineers J
Carolina 28402-1890.•;
SUBJECT: Mitchell County - NC 2,2'6 (Spruce Pine Bypass) from US 19E to
Minpro; State Projec% No. 8.1880501; T.I.P. No. R-2119; DOA
Action ID. 19940097f?
Reference the not_c_e__df concurrence issued December 15, 1993 by the N.C.
Wildlife Resouc 6mmissi6n2'nd Section 404 Permit issued by the Corps of
Engineers on Frruary 2, 19,.94 for the Spruce Pine Bypass. This project is to
be constructed __new.-1o ation. On May 1, 1995, NCDOT conducted a site
review for interested agencies to examine construction options for the new
bridge to be built at the North Toe River. As we discussed during this
meeting, NCDOT is limited to two options in constructing this bridge. If the
bridge were to be constructed without placing any equipment or structures in
the river, the mountain on the south side of the bridge would need to be
extensively graded to provide a staging area. This land disturbing activity
would pose a risk of sedimentation into the river, even with sediment control
structures in place. The topography of the area would be altered
permanently. Alternatively, a temporary causeway could be placed in the
river to facilitate bridge construction. Although neither of these options
is ideal, the configuration of this site poses challenges which will require
selection of one of these two options.
Based upon this meeting, it is our understanding that a consensus was
reached among the various agencies that a temporary causeway would be less
likely to incur long-term impacts to the river. Additionaly, placement of a
causeway would be less costly than the movement of large quantities of
material to create the staging area.
NCDOT would strongly prefer to utilize a temporary causeway in the
construction of the new bridge. With this in mind, we have enclosed
illustrations of the causeway which would be installed under this option. A
30 foot wide rock causeway would span the North Toe River directly adjacent
to the proposed bridge. This would allow full access to the construction
site. A hydraulic opening through the causeway will be created by placement
of 5 @ 60" corrugated steel pipes. A cross section drawing is provided to

June 28, 1995
Page 2
show the locations of the bridge support structures. Please note that no
pilings are to be placed in the riverbed. The cross section also provides an
illustration of the steep grades adjacent to the river. The difficulty in
providing access to the construction area from the existing elevation is
apparent.
The causeway will consist of 606 cubic yards of Class II Rip Rap below
ordinary high water. The river is approximately seven feet deep at this
location. The causeway will cover a 0.16 acre area in the river. It is
anticipated that the causeway will be necessary throughout the construction
of the bridge, which may take up to two years. As we discussed in our field
review, we expect that a construction moratorium will be necessary during -t be
SDawc??n9ri. This moratorium wil e e fined at the discretion of the
N.C. Wildlife Resources Commission. Upon completion of all 'construction
requiring access from the causeway, all rip rap material will be removed from
the river.
NCDOT hereby proposes a modification of the existing Section 404 Permit
to allow placement of a temporary rock causeway in the North Toe River to
facilitate the construction of a new bridge., By copy of this letter, a
request for 401 Water Quality Certification by the N.C. Division of
Environmental Management is hereby made. This information will also be
forwarded to the N.C. Wildlife Resources Commission and Tennessee Valley
Authority for their review.
Thank you for your attention to this matter. If you have any questions,
please contact Cyndi Bell at [phone], Extension 306.
Sincer
H. Franklin Vick, P. E., Manager
Planning and Environmental Branch
HFV/tp
cc: Ms. Stephanie Goudreau, WRC, Marion
Mr. Steve Chapin, COE, Asheville Field Office
Ms. Janice Nichols, FWS, Asheville
Mr. Eric Galamb, DEM
Mr. Jim Kellenberger, P.E., Traffic Engineering
Mr. John Smith, P.E.;
attn: Mr. John Frye, Structure Design
Ms. Debbie Barbour, P.E., Roadway Design
Mr. W.D. Smart, P.E., Division 13 Engineer
Mr. R.M. Crisp, P.E., Division 13, Asheville
Mr. David Patton, Marion
Mr. L.A. Sanderson, P.E., Construction
Mr. Phil Watts, P.E., Construction
Mr. Freddie Bennett, TVA
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO TBE 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)
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 (NUTS), 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.
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 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island -
Beauforc, 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)EM ID:
ACTION ID: 199400977
Nationwide Permit Requested (Provide Nationwide Permit #): Modification to the NWP 26
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. Box 29535
Raleigh, NC 27626-0535
ATTN: MR..i OHN 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 and Environmental
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:
H. Franklin Vick. P.E.
Manager
5. Location of work (MUST ATTACH MAP). County:
Mitchell .
Nearest Town or City: Spruce Pine
Specific Location (Include road numbers, landmarks, etc.): Construction of bridge over the North
Toe River in conjunction with the construction of'the Spruce Pine Bypass (NC 226)
5. Name of Closest Stream/River: North Toe River
7. River Basin: French Broad
s
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES a ] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES V] NO [ ]
If yes, explain. Received NWP 26 permit dated 2/2/94
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.16 acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.16 acre
Drained:
Flooded:
Excavated:
Total Impacted: 0.16 acre
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Placement of a `temporary
rock causeway in the North Toe River to facilitate the construction of a new bridge
on NC 226
13. Purpose of proposed work: To construction of this section of the Spruce Pine Bypass.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Only feasible alternative less likely to incur long-term
impacts to the river.
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 may be 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?
F. If applicable, what is proposed method of sewage disposal?
? 30 9s
wn 's Signature Date
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N. C. DEPT-OF TRANSPORTATION
DIVISION OF HIGHWAYS
MITCHELL COUNTY
PROJECT: _ 8.1880501 (R-2119)
BRIDGE-REPLACEMENT OVER
TOE RIVER ON NC 266 BYPASS.
SHEET 4 OF 5.
1
PROPERTY OWNERS
NAME AND ADDRESS
OWNERS NAME ADDRESS
UNIMIN QUARTZ BOX 588
SPRUCE PINE NC. 28777
HAROLD RHYNE 150 SPARKS RD
SPRUCE PINE. NC. 28777
LEONARD BREEMAN,JR. RT 1, BOX10
SPRUCE PINE NC. 28777
OSCAR V. COULTER RT 1, BOX 28
SPRUCE PINE NC. 48777
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N. C. DEPARTMENT OF PRANSPORTATION
TRANSMITTAL SLIP DATE
TO: REF. NO. OR ROOM, BLDG.
FROM: REF. NO. OR ROOM, BLDG.
ACTION
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? NOTE AND RETURN TO ME ? PER YOUR REQUEST
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? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
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STATE OF NORTH CAROLINA
DEPARTMENT OF TANSPORTATION
UEL HUNT III
JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. VMSECRETARY
GovERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 December. 9, 1993

District Engineer
U.S. Army Cori S of ?P_gineerS
P. cY 189n
Wilmington, rIC, 28402-5201
AT^E ITI^:i . Reaulater_r 3ranc
Dear u:_ .
9Q29 ro
STjBJECT : M=tchell Count; - NC 226 (Spruce Piffle Bypass) fro
US 19_ to Nfiiipro; State Protect No. 8.1820501
T.I.P. No. R-2119
The Nor..11 Carolina Department of Transportatici_ proposes
to coii3 t_ uct- a new '_ . 5 mile four-lane divided aighwa_ on new
4-
T he ro os " orr_ will%viv= eiev iii ?a-
-r: so1._gb, two o; ?'i is _ T,,7 -4 also r-Guff--- C:.annel C _a ges .
T be :^7_
Ri%--r will be br_dged. done of these s..reams are Deti_gi_ - ec
C icuiit- a --- T'-o z Waze::
This -ro;ect will- 1'111-111/olvez no
wet-lands, as defined in tale Federal manual for Iden-_fy-ng
and Dell neat'_ng i u r isdictional Wetlands ( 1987 Manual) . It is
anticipated that t:ir S pro j eCt may -be authorized under Gell@rdl
Permit No. CESAW-C082-N-000-0")31 }Cr construction Waters
Of the United States. As this project occurs in a aeS-g_lated
rout county, a letter of concurrence :dust be obtained from
the North Cc?'olina Wildlife Resources Commission (1N=C). By
copy of this letter, we herein request that WRC review the
rOject and provide their comments on this prcposal. Plait
drawings ilustrat?ng all culverts and the bridge at the North
Tee River are attached.
K

r
If you have any questions, or need additional
information, please contact Cyndi Bell in Raleigh at (919)
733-9770.
Sincerely,
B. uin , P.E.
Assistant Manager,
Planning & Environmental Branch
Enclcsures
cc: :sir. Joe Mickey, WRC, District 7, State Road
Mr. Steve Chapin, COE, Asheville Field Office
( ?4c1..P- II ?f ot_,j -}-y.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 2, 1994
IN REPLY REFER IU
Regulatory Branch

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01111SICA4 0"
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Action ID No. 199400977 and Nationwide Permit No. 26 (Headwaters and -1solated
Waters)
Mr. Frank Vick } $ O
State of North Carolina
Department of Transportation
Planning and Environmental Branch
Post office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Vick:
Reference your December 9, 1993 application for Department of the Army
(DA) authorization to construct a bridge over the North Toe River and install
10 culverts in unnamed tributaries to the North Toe River as part of the
construction of the N.C. 226 Spruce Pine Bypass in Mitchell County, North
Carolina. The bridge will be a concrete structure that completely spans the
river. Support piers will be above the ordinary high water level. The
roadway will require the installation of 10 culvert crossings in the
headwaters of unnamed tributaries to the river and approximately 1,500 linear
feet of channel change will be necessary to successfully construct the road.
Approximately 0.1 acre of headwater wetlands and stream channel will be
impacted by the work. This project has been coordinated with the N.C.
Wildlife Resources Commission (WRC).
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged -r fill ;material into headwaters and isolated
waters.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions. This NWP does not relieve you of the
responsibility to obtain other required State or local approval. You should
contact Mr. John Dorney at telephone [phone] regarding water quality
certification.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and

-2-
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend, or
revoke the authorization.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri t
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Chris Goudreau
N.C. Wildlife Resources Commission
Route 6, Box 685
Marion, North Carolina 28752
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
tY

-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
-3-
other NWP(s), regional general permit (s) or individual permit (s) used or
intended to be used to authorize any part of the proposed project or related
activity;
,(4) Wherw-required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of 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; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., rush, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primarf
purpose of the fill is to impound waters).

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20. Adverse Impacts from Impoundments.. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
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22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NATIONWIDE CONDITIONS
a. The discharge does not cause the loss of more than 10 acres of waters
of the U.S. For the purpose of this nationwide permit, the acreage of loss of
waters of the U.S. includes the filled area plus waters of the U.S. that are
adversely affected by flooding, excavation, or drainage as a result of the
project.
b. A 30-day notification to the District Engineer (DE) is required if the
discharge would cause the loss of water of the U.S. greater than one acre.
For discharges in special aquatic sites, including wetlands, the notification
must include a delineation of affected special aquatic sites including
wetlands.
C. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
STATE CONSISTENCY CONDITIONS
a. All fill material authorized by this permit must be obtained from an
upland source.
b. Use of this nationwide permit for waste disposal facilities is not
authorized.
C. If the proposed activity is within the North Carolina Coastal Area and
the activity will result in the loss of waters of the United States greater
than 1/3 of an acre, the applicant must receive written concurrence from the
North Carolina Division of Coastal Management (NCDCM) that the activity is
consistent with the North Carolina Coastal Management Program.
d. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAMA) permit is required
from the North Carolina Division of Coastal Management (NCDCM). Should an
activity within or potentially affecting an AEC be proposed by a Federal
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDCM at least 90 days before the onset of the proposed activity.
GMTE? i s CERTIF ICATICiv CONDIT.T_ONS
a. General Certification is denied for fills greater than one area in SA,
trout, HQW, ORW, WS-I and WS-II watersheds. General certification is issued
for all other waters for fills of not more than 10 acres and in those
watersheds specified above for fills of not more that one acre.
b. Proposed fill or substantial modification of greater than one-third of
an acre of such waters, including wetlands, requires a written concurrence
from the North Carolina Division of Environmental Management (NCDEM).
CL7-26
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. C. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's in all
saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters).
d. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
e. Additional site-specific conditions may be added to this Certification
in order to ensure compliance with all applicable water quality and effluent
standards.
f. Concurrence from the North Carolina Division of Environmental
Management (NCDEM) that this Certification applies to an individual project
shall expire three years from the date of the cover letter from the NCDEM.

77
® .North. Carolina Wildlife Resources Commission
512 N* Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
December 15, 1993
Mr. Steve Chapin, Permit Coordinator
U.S. Army Corps of Engineers
Regulatory Branch
Room 75, Grove Arcade Building
Asheville, North Carolina 28801
SUBJECT: NCDOT application to construct a bridge over North Toe
River and install 10 culverts in unnamed tributaries to
North Toe River as part of the construction of the NC
226 (Spruce Pine bypass), Mitchell County
Dear Mr. Chapin:
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).
Based on the information provided by the applicant and our ,
information on the range of trout in the project area, we do not
believe this project will cause significant effects to waters
supporting trout. Therefore, we do not object to the project as
proposed.
Thank you for the opportunity to review and comment on this
project. If we can be of further assistance, please advise.
Sincerely,
Christopher Goudreau
District Fisheries Biologist
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Barney O'Quinn, Planning and Environment Branch, NCDOT