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HomeMy WebLinkAbout19970885 Ver 1_Complete File_19971014 (2)(< s ?> 1 . 61 STATE OF NORTH CAROLINA DEPARTNMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY November 3, 1999 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Ashe County, Replacement of Bridge No. 339 on SR 1320 over Roaring Fork Creek; Federal Aid Project No. BRZ-1302(1); State Project No. 8.2710901; TIP No. B-2907; USACE Action ID 199820078; NCDWQ # 970885. Dear Sir: As you are aware, the U. S. Army Corps of Engineers (USACE) authorized the replacement of Bridge No. 339 over Roaring Fork Creek under a Section 404 Nationwide Permit 23 (Categorical Exclusion) on November 18, 1997. The permit expires two years after the issuance date. Copies of the Section 404 permit, as well as the 401 Water Quality Certification (WQC) are attached to this letter. The project has a let date of January 2000. The North Carolina Department of Transportation (NCDOT) plans to replace the existing bridge at approximately the same location with 3 @ 8-foot by 7-foot reinforced concrete box culvert. Traffic will be maintained during construction using a temporary on-site detour located approximately 50 feet north of the existing bridge. This impact to Roaring Fork Creek will be less than 150 feet in length. Design plans have not changed since the issuance of the permit. The existing bridge is constructed of asphalt that has been laid upon a steel plank with 1-beams. There is not any concrete in the existing bridge. The NCDOT believes that it can remove the bridge without dropping the bridge into the water. The NCDOT's Best Management Practices for removing bridges will be implemented. 2 The NCDOT received comments from the N. C. Wildlife Resources Commission (NCWRC) in the first permit application. Those comments have been attached to this letter. A copy of this letter has also been provided to the NCWRC. The NCDOT requests that NCWRC provide a letter of concurrence to the USACE. The NCDOT requests that the USACE renew this permit authorization so the proposed project can be let to construction. The NCDOT will adhere to the general conditions of the 401 WQC; therefore, written authorization from the N. C. Division of Water Quality (NCDWQ) is not required. A copy of this letter is provided to the NCDWQ per the requirements of the 401 WQC for this Section 404 permit. If you have any questions or need any additional information, please contact Mr. Phillip Todd at (919) 733-7844, Extension 314. Sincerely, c, LJ" 411' - Mr. William D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. Ron Linville, NCWRC Mr. William Rogers, P. E., Structure Design Mr. Calvin Leggett, P. E., Programming and TIP Branch Ms. Debbie Barbour, P. E., Highway Design Mr. A. L. Hankins, P. E., Hydraulics Unit Mr. Randy Wise, P. E., Roadside Environmental Unit Mr. John Alford, P. E., Roadway Design Mr. W. E. Hoke, P. E., Division 11 Engineer f ze ?C' V 1? U.S. ARMY CORPS OF ENGINEERS E? 1 a ?q91 WILMINGTON DISTRICT rvosll of Action ID. 199820078 County 111G1"4JN ?4b ?'MVlA GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent NC DOT i Mr. N Franklin Vick Address Post Office Box 25201, Raleigh North Carolina 27611-5201 Telephone No. 919-733-3141 ext 314 Size and Location of project (waterway. road name/number, town, etc.) NC bridge replacement of bridge #339 located on S R 1320 adiacent to the Roaring Fork Creek near Roten in Ashe County North Carolina, Description of Activity Replacement of referenced bridge with a three barrel 8' x 7' reinfolced concrete box culvert including a temnor , onsite detour that will result in approximately 0.02 acres of impacts to the ilrisdictional waters of Roaring Fork Creek This work is subiect to the review of the North Carolina Wildlife Resource Commission and must be in compliance with the attached recommendations of the North Carolina Wildl?/e Resource Commission, This verification is modified to include survey activities (bore sapling) (NWT 6). Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. NWP 23 & NWP 06 Regional General Permit or Nationwide Permit Number. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this permit. Regulatory Project Manager S Date November 18, 1997 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. YEGEIVED OCT ? 1997 Regulatory Branch ® North Carolina Wildlife Resources Commission" 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director 19 9 co MEMORANDUM TO: John Thomas, Permit Coordinator Raleigh Office, U.S. Army Corps of Engineers FROM: Joe H. Mickey, Jr. Western Piedmont Region.Coordinato Habitat Conservation Program ?/. DATE: October 22, 1997 SUBJECT: Review of an application by NCDOT for bridge replacement No. 339 on SR 1320 over Roaring Fork; Federal Aid Proj. No. BRZ-1302(1); State Proj. No. 8.271091; T.I.P. No. B-2907, Ashe County. 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 conducted a site visit on October 20, 1997. 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). The NCDOT proposes to replace existing Bridge No. 339 on SR 1320 over Roaring Fork with a 3 @ 8-foot by 7-foot reinforced concrete box culvert (RCBC) on approximately the same location. Traffic will be maintained during construction using a temporary on-site detour located approximately 50 feet north of the existing bridge. Foundation investigations will also be needed for this project. Roaring Fork is classified by the Division of Environmental Management (DEM) as a trout stream. Roaring Fork is a tributary of Big Laurel Creek which is NCWRC Designated Public Mountain Trout Water. Fish population sampling at the bridge replacement site (10/20/97) found wild brook trout (Salvelinus fontinalis), wild brown trout (Salmo trutta), rosyside dace (Clinostomus funduloides), blacknose dace (Rhinichthys atratulus), and fantail darter (Etheostomallabellare). Normally, with wild brook and brown trout present at the site, we would prefer that the bridge be replaced with a bridge. However, since numerous private and NCDOT culverts already exist on this stream, we have no objection to replacement of Bridge No. 339 with a three barrell RCBC provided the following conditions are implemented: i 2 10/22/97 339 0or NCDOT notes (page 16) "that potential for impacts to the stream from sediment influx is high". Therefore, instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brook and brown trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 2) The existing stable, right vegetated bank (rhododendron and other species) on the right side of the bridge (facing upstream) should remain intact and not be disturbed during construction. This area appears stable and provides habitat and stream shading. 3) Box culvert construction of multiple cells should have one cell a minimum of one foot below the normal stream bottom to allow for fish passage. The second and third cells should be placed so that their bottoms are at the stream bankful stage (similar to Lyonsfield design). A baffle system should also be installed through the culvert to trap gravels and provide resting areas for fish. 4) Disturbed banks at the culvert inlet and outlet should be replanted with low growing native trees/shrubs placed on three foot centers (space should be provided through bank ripraping if necessary). Suggested species are silky (bushy) dogwood (Corpus amomum), silky willow (Salix sericea) and hazel (tag) alder (Alnus serrulata). Also, NCDOT should consider planting these species for a distance of 100 feet below the culvert between the top of the road shoulder and Roaring Fork. This section of channel, which appears to be on the NCDOT right-of-way, is void of small shrubs. The addition of shrubs in this area will improve stream shading, fish food sources and nutrient input. 5) Once the temporary culvert is removed, this area should be sloped to natural contours. streambanks stabilized up to the bankful stage (riprap or root wads) and banks sloped and reseeded with grasses and then planted with the small tree/shrub species mentioned above. 6) The NCDOT should adhere to commitments 1 - 3 on page 2 of the CATEGORICAL EXCLUSION, August 1997, to protect trout waters. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 910/366-2982. cc: Mr. H. Franklin Vick, P.E., NCDOT Planning & Environmental Branch Mr. Kin Hodges, NCWRC District 7 Fisheries Biologist orth Carolina ment of Environment, and Natural Resources of Water Quality times B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification and Mr. Franklin Vick DOg and Environmental Branch P Pi N Post Office Box 25201 Ralegih, NC 27611-5201 AdMONdMOlML ED EHNF=? October 27, 1997 Ashe County DWQ Project # 970885 ADDITIONAL CONDITIONS 'OF-IV - .0 OCT 2 9 1gg1 Dlvisfof CfF HIGEiWXy' Pv ?FNVfRO??? Dear Mr. Vick. You have our a roval, in accordance with the attached conditions and those listed below, to place fill material in o.01 acres of wetlands or waters for the purpose of replacing Bridge 339 on SR 1320, as you described in your application dated October 10, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3127 and 3107. This certification allows you to use Nationwide Perfnit Numbers 26 and 23 when they are issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment a This Erosion Control, Coastal Stormwater. Non-Discharge and Water Supply Watershed regulations. approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval w be- valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (T ISA-04B .0024). 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. T review his letter Water Act. Ifyoouu ha a any questions please telephone John DDo ey?at 9 9-7303-1 86.E Clean Attachment cc: Wilminn District Corps of Engineers Corps o Engineers Raleigh Field office Winston-Salem DWQ Regional Office Mr. John Dorney Central Files Pt'on 'Holl'Ir. P 61 9708851tr Division of Water Quality - Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 1t 733-9959 An Equal opportunity Affirmative Action Employer - 509'6 recycled/10% post consumer paper