HomeMy WebLinkAbout20041932 Ver 1_Complete File_20041202
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DWQ Project No.: a,41/ 93J County:
Applicant: NCDOT
Project Name: ` r, 4e- 19D .Si
Iv11U1 H= F. caaicy, v r ,,,..?
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural. Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, Joel B. Setzer, P.E., hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial.
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and o r upport'sag materials.
Signature: Date: - I ID
Agent's Cert' ation
hereby state that, to the best of my.abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature Registration No. Date:
1. iffim -
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing.Address)
2321 Crabtree Blvd., Raleigh, NC 276042260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nt.us/nowetands/
?oF WATF?Q
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
"- Division of Water Quality
December 21, 2004
Haywood County
DWQ Project No. 041932
NCSR 1123 (Bridge No. 180)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division Engineer
N C Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
DEC 2 S 2004
Dear Mr. Setzer:
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
You have our approval, in accordance with the attached conditions and those listed below, to impact 130 linear feet of the
West Fork Pigeon River (installation of two (2) bridge piers, rip rap for stream bank stabilization under bridge, two (2)
temporary causeways and a temporary work bridge) in order to construct a new bridge on NCSR 1907 in Haywood
County. The project must be constructed in accordance with the application dated November 29, 2004 (received
December 2, 2004), including the environmental commitments made in the application letter and additional information
received December 17, 2004. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit
Number 31. In addition, you must acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated
and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
None o MCarolina
ural!
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer
r
Mr. J. J. Swain, Jr., P.E.
December 21, 2004
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Quality has released the project.
4. The NCDOT shall use Best Management Practices for the Protection of Surface Waters (NCDOT August 2003) and
Sedimentation and Erosion Control Guidelines for Sensitive Watersheds [15A NCAC 4B .0124 (a)-(e)]. Temporary
or permanent herbaceous vegetation should be planted on all bare soil within 5 days of ground disturbing activities to
provide long-term erosion control. Erosion control matting should be used in conjunction with appropriate seeding on
disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes or, wherever
possible, live stakes and native trees. Tall fescue and straw mulch should not be used in riparian areas. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
5. Construction in this portion of the West Fork Pigeon River and within the 25-foot wide buffer zone should typically
not be conducted during the trout spawning season of October 15 through April 15 due to the adverse affects of
sedimentation on egg and larvae stages of trout. However, because of the timing of the flood damages and the public
safety implication should work be delayed, the NCWRC has waived the trout moratorium in this instance.
6. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. The bridge must not
contain deck drains that discharge to the West Fork Pigeon River. Mowing of existing vegetated buffers is strongly
discouraged, so that they may be utilized for stormwater diffuse flow.
7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the bridge and along the stream within the dedicated right of way.
8. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation. Riprap should not be placed in the stream
channel in a manner that impedes aquatic life passage.
9. The dimension, pattern and profile of the stream, above and below the bridge, should not be modified by widening the
stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions to allow aquatic life and/or fish passage.
10. Heavy equipment should be operated from the banks rather than in the stream channel, wherever possible, in order to
minimize sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. Excavation in the stream associated with the new bridge construction and old bridge removal should be conducted in
the dry, if possible. Sandbags, cofferdams, flexible pipe or other diversion structures should be used to minimize
excavation in flowing water.
13. If concrete is used during bridge installation (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
14. Discharging hydroseed mixtures and washing out hydroseeders and other- equipment in or adjacent to surface waters is
strictly prohibited.
15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the bridge construction. Instream dredging has catastrophic effects on aquatic life, and disturbance of the
natural form of the stream channel will likely cause downstream erosion problems, possibly affecting other
landowners.
Mr. J. J. Swain, Jr., P.E.
December 21, 2004
Page Three
16. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with the bridge construction.
17. Only clean, sediment-free rock should be used as temporary fill (causeways or temporary bridges) and it should be
removed without excessive disturbance of the natural stream bottom when construction is completed.
18. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of
surface waters from leaking fuels, lubricants, hydraulic fluids or other toxic materials.
19. Drill shaft spoils should not be allowed to enter surface waters. If there is liquid wastewater from drilling operations
this liquid should not be discharged to surface waters, but should be pumped to upland areas or pump truck.
20. Discharge of materials into surface waters from demolition of the old bridge should be avoided as much as
practicable. Any material that inadvertently reaches surface waters should be removed.
21. If temporary access roads or detours are constructed they should be removed and placed back to original ground
elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize
the soil and native tree species should be planted with a spacing of not more than 1Oft. x 1Oft on centers. If possible,
when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws,
mowers, bush-hogs or other mechanized equipment and leaving the stumps and root mat intact, allows the area to
revegetate naturally and minimizes disturbed soil.
22. If possible, a clear bank (riprap free) area of a least 10 feet should remain on each side of the stream underneath the
bridge and bridge supports (bents) should be located outside of the stream channel.
23. All work shall be performed during low flow conditions (below bankfull).
24. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the NCDWQ when all work included in the §401 Certification has been completed. The responsible party
shall complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water
Quality upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
/le . PX_`L_
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Angie Pennock, USACE Asheville Field Office
`Transportation Permitting Unit
Mike Parker, Asheville Regional Office
DEC-17-04 03:19PM FROM-Crowder Construction Co. +7043729949
OROWDER CONSTH90TION COMPANY
73 // o '?+ •;:._ ? PO S= 30292, 28220-0292
1123 East t0°i Street, 28204
gNCJ31947Chadotte, Mrth Carolina
Fax Coversheet
To, 1Ap-. mew
Fax No.: Z? - 29 9 - "7ys t
From:
Date:
Message:
T-1130 P.DD1JDo8 F-939
Matt Tucker, Bridge & Structures Project Manager - Tel: azi9 -2Q51
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TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET:
CI IGINAL WILL WILL NOT BE FORWARDED.
THE INFORMATION CONTAINED IN THIS FACSIMILE IS PRJVILEGEO AND CONFJDENTIAL,
STRICTLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
IIISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRCTLY
PROHIBITED- IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR ARE No. SURI<
WHETHER IT I5 PRIVILEGED. IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE US POSTAL SERVICE. THANK
YOU_
Phone; (704) 332.8184
Fax: (704) 379-994.5
www.Crowderc0,com
DEC-17-04 03:19PM FROM-Crowder Construction Co. +7043729948 T-030 P.OD2l008 F-939
Haywood County Design Build protect
Replace Bridge 180 (SR 1123) and Bridge 111 (US 278)
Bridge 1801 SR 1123
Maximum Stream disturbance (including construction easements)
Bridge 180=130 ft
Drilled shaft spoils
A rfprap causeway will be installed as shown on the permit drawings kom the nearest bank out to
the shaft locations. Filter fabric will be placed below the dprap causeway to protect the streambed.
The proposed drilled shafts will be installed with permanent steel casing seated into rock that will
seal off the shaft fmm the adjacent stream. During the drilling operations, the drill rig will be
positioned over the hole such that once the auger is extrzcted from the hole, it will the turn on its
tracks 180 degrees and "spin off" the spoils behind the rig near the bank. The spoils will be
removed with another piece of equipment to higher ground.
Workbridgelcauseway
The causeway shown in the permit drawings will be installed t4 facilitate construction of the interior
bent shafts at 180. A temporary workbridge will be installed downstream of the exsting structure as
shown in the permit drawings. The bridge spans will be supported on gabion basket "bents". The
stream will be free to flow beneath these spans and at no time will the stream be blocked to
prevent a free flowing nature.
Bridge 111 / US 276
Maximum Stream disturbance (including construction easements)
Bridge 111=110 ft
Workbridgefcauseway
A riprap causeway will be installed as shown on the permit drawings from the nearest bank out to
the existing interior bent locations. Filter fabric will be placed below the riprap causeway to protect
the streambed. The causeways will be utilised for access fbr demolishing the interior bents and wilt
be removed after demo is complete.
A temporary workbrldge will be Installed downstream of each existing structure as shown in the
permit drawings. The bridge spans will be supported on gabion basket "bents°. The stream will be
free to flow beneath these spans and at no time will the stream be blocked to prevent a free flowing
nature.
DEC-17-04 03:20RM
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DEC 0 2 2004
o-„a SfATp o
n R v DEhdR - W?t± EFt QUALITY
y" ?', WETLf,NDSAND
STDRMWATER BRANCH
"Ecr .a?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
November 29, 2004
Ms. Angie Pennock, NCDOT Regulatory Project Manager
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
LYNDO TIPPETT
SECRETARY
041932
Subject: General Permit No. 31 and Nationwide Permit 33 Application
Emergency Bridge Replacement
Bridge No. 180 on SR 1123 over West Fork Pigeon River
Haywood County
State Project No. DF112.2044017 (DWQ Minor Permit Fee $200)
Dear Ms. Pennock:
The North Carolina Department of Transportation (NCDOT) proposes to replace the subject
bridge, which was completely washed away by the recent flooding associated with tropical storm
Ivan (September 2004). At present, residents of SR 1123 are using a temporary detour, which
crosses private property. NCDOT plans to let a design build contract in early December 2004 for
this bridge replacement project.
NCDOT proposes to replace the washed out structure on the same location. The new bridge (137
feet long by 33 feet wide) will be designed to minimize impacts by placing the interior bents as
close to the streambank as possible. Temporary causeways will be required to remove the
existing bent foundations from the water and to construct the new drilled piers. Plans are to
place temporary rock fill from the streambank out to the interior bent pads. The pads will then be
sectioned and removed from the stream channel. Two interior bents (6 drilled piers) will be
constructed and then all temporary fill will be completely removed from the stream channel. A
temporary work bridge will be utilized during construction. This will require the placement of 2
temporary bents (30 feet long by 5 feet wide gabion baskets) in surface waters to support the
temporary structure.
I am attaching a PCN application, site plans with the proposed erosion control and construction
limits, photos, as well as, a marked county map and USGS quad map. Bridge No. 180 spans the
West Fork of the Pigeon River, which supports populations of the federally endangered
• Fourieetlth Dn ision Office, 253 V ebster 4,J jSyhu,"North ?ari1.a 28779 y
Telephone 8284$6 2141 ?1A doh dfi st tenc u? _ Fay^828 58
•.
' Bridge 180 on SR 1123 Page 2 November 29, 2004
. 01, Appalachian elktoe (Alasmidonta raveneliana). The West Fork Pigeon River is also listed as
critical habitat from the confluence of the Little East Fork Pigeon River, downstream to the
confluence of the East Fork Pigeon River, and the main stem Pigeon River, which is also listed
as critical habitat down to the NC 215 bridge, south of Canton. The upstream extent of the
elktoe (documented summer 2000) in the West Fork Pigeon River is just above the confluence of
Rocky Branch, which is approximately 2.4 miles down stream of the project area.On November
4, 2004, NCDOT Environmental Specialists Logan Williams and Karen Lynch along with John
Alderman of Alderman Environmental Services, Inc. conducted a mussel survey to determine if
any mussels were present in or near the project area. Approximately 0.50 man-hours were spent
using wading and view buckets. Water depth ranged from 1-4 feet and visibility and water
clarity was excellent. No mussels, shells, or quality habitat were observed during the surveys
(see attached report).
Based on the bridge design, survey results, the distance between the project area and known
populations, and the implementation of appropriate BMP's, NCDOT has determined that this
project is "not likely to adversely affect" T & E species and/or their critical habitat in the West
Fork Pigeon River. By copy of this letter, NCDOT is requesting concurrence from the US Fish
and Wildlife Service in order to proceed under a 404 Nationwide Permit.
Richard Silverman and Matt Wilkerson of the Office of Human Environment (Project
Development and Environmental Analysis Branch) has determined that this project will have "no
affect" on Historic Architecture or archaeological resources; therefore, this project is compliant
with Section 106 of the National Historic Preservation Act (1966, as amended).
Impacts to Waters of the United States
In order to construct the project it will be necessary to impact waters of the United States in the
French Broad River Basin. Specifically, NCDOT is requesting to place temporary fill (clean shot
rock) in the West Fork Pigeon River (DWQ Class WS-III Tr) in order to remove the old interior
bents and construct a temporary work bridge. It will also be necessary to construct two interior
bents (6 drilled piers) in the water near the old existing foundations closest to the streambank
(see attached plans). Listed below is a summary of the proposed impacts.
Site No. Activity Proposed Condition Net Impacts
Station (Fill)
Site 1 A Remove Old Bent Pad Temporary Causeway 1000 sq. ft.
40' x 25' = 1000 s q. ft. 0.023 Acres
Site 1 B Remove Old Bent Pad Temporary Causeway 1000 sq. ft.
40' x 25' =1000 s q. ft. 0.023 Acres
Site 2 Construct Temporary Work 2 Temp. Bridge Bents 300 sq. ft.
Bridge (G ion Bents) 30' x 5'= 300 s q. ft. 0.007 Acres
Site 3 A Construct Drilled Piers (3) Construct Interior Bent 28.8 sq. ft.
(3 42-inch Drilled Piers) 0.0007 Acres
Site 3 B Construct Drilled Piers (3) Construct Interior Bent 28.8 sq. ft.
(3 42-inch Drilled Piers) 0.0007 Acres
Bridge 180 on SR 1123 Page 3 November 29, 2004
2357.6 sq. ft.
Total 0.0544 Acres
High Quality Waters erosion control methods will be used on this project to minimize impacts to
downstream aquatic resources. The construction foreman will review all erosion control
measures daily to ensure sedimentation and erosion is being effectively controlled.
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. In
addition, I am asking NCWRC to waive the trout moratorium on this emergency bridge
replacement project in order to restore service to the residents of SR 1123 as soon as possible.
Also, by copy of this letter, I am requesting authorization under Section 401 of the Clean Water
Act from the North Carolina Department of Environment and Natural Resources (DENR),
Division of Water Quality (DWQ). In addition, I am asking Mr. McHenry and Mr. Ed Ingle,
(NCDOT) to comment directly to me concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 586-2141.
Your early review and consideration will be greatly appreciated.
Sincerely, /
Mark S. Davis
Division Environmental Officer
Enclosures
cc: Mr. John Hennessy, DWQ, DENR, Raleigh (seven copies)
Mr. Mike Parker, DWQ, DENR, Asheville
Mr. Dave McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Ms. Marella Buncick, NCDOT Coordinator, USF&WS, Asheville
Mr. Carson Fisher, PE, Regional Engineer, LQS, DENR, Asheville
Mr. Mark Lively, Crowder Construction Company, Inc., Charlotte
Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva
Mr. Jamie Wilson, P.E., Division Construction Engineer, NCDOT, Sylva
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT, Mills River
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
- Emergency Bridge Replacement
Bridge 180 on SR 1123 Reese Road
West Fork Pigeon River
Haywood County
NCDOT Division 14
Prepared by: Mark S. Davis
Division Environmental Officer
Office Use Only' j? ? Form Version October 2001
USACE Action ID No. DWQ Do
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
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: GP 31 & NWP 33
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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 253 Webster Road
Sylva NC 28779
Attn: Mark S. Davis Division Environmental Officer
Telephone Number: (828) 586-2141 Fax Number: (828) 586-4043
E-mail Address: markdavis(a 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: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
Page 1 of 9
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: Emergency placement of Bridge No 180 on SR 1123 over West Fork
Pigeon River -
2. T.I.P. Project Number or State Project Number (NCDOT Only): DF 112.2044017
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Haywood Nearest Town: Waynesville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Asheville, take I-40 West
to Exit 31 (Canton) Take NC 215 south to Canton take left on US 19/23/74), take right on
NC 110 south to the intersection of US 276 and NC 215 (Jutebox Junction). Continue on NC
215 south approximately 4.1 miles to the intersection of NC 215 and SR 1123 (Reese Road),
Take a right on SR 1123, this is the project
5. Site coordinates, if available (UTM or Lat/Long): 035 26' 7.54" N 082 55' 27.32" 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:
Rural residential with surrounding forest land
7. Property size (acres): N/A
8. Nearest body of water (stream/river/sound/ocean/lake): West Fork Pigeon River
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.nc.us/admin/mal)s/.)
Page 2 of 9
10. Describe the purpose of the proposed work: Emergency bridge replacement project. Bridge
180 was completely washed away during the recent floods associated with tropical storms
Frances and Ivan (September 2004) Service needs to be restored to approximately 6
families who reside on SR 1123, Reese Road The residents are currently using a temporary
detour, which crosses private property.
11. List the type of equipment to be used to construct the project: Mechanical construction
equipment such as excavators drills cranes and dump trucks
12. Describe the land use in the vicinity of this project: Rural residential agriculture, and forest
land.
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.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
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.
Page 3 of 9
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cieanng, grading, rill,
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
online at http://www.fema.gov.
*** 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: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on (linear feet) Before Impact (please specify)
map)
Site IA Temp Fill 1000 sq. ft. West Fork Pigeon River 100 P
40' x 25' 0.023 Acres
Sites 1 B Temp. Fill 1000 sq. ft. West Fork Pigeon River 100 P
40' x 25' 0.023 Acres
Site 2 2 Temp. Bridge 300 sq. ft. West Fork Pigeon River 100 P
Bents (30' x 5') 0.007 Acres
Site 3A Construct 3 - 42" 28.8 sq. ft.
West Fork Pigeon River
100
P
Drilled Piers 0.0007 Acres
Site 3B Construct 3 - 42" 28.8 sq. ft. West Fork Pigeon River 100 P
Drilled Piers 0.0007 Acres
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-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, ditch ing/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
www.usss.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: 0.0544 Acres
Permanent Fill: 6 Piers - 57.6 sq. ft. (0.0014 Acres)
Temporary Fill: Causeways & Temp. Bridge Bents - 2300 sq. ft. (0.053 Acres)
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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
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.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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-impadt
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.
Due to the width of the stream (-100') and the elevation of NC 215 and SR 1123; NCDOT was
unable to design the bridge with the bents out of the water. Two interior bents will be
constructed near the two existing outside bent pads This will allow the thalweg to flow
unobstructed under the bridge and prevent debris buildup during periods of high water.
Temporary causeways will be utilized on both sides of the river in order to construct the interior
bents The old interior bent pads will be removed by non-shattering methods, if possible.
Page 5 of 9
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 NCEEP 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
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. 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.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) with the NCEEP's written agreement. Check the box indicating that you
would like to pay into the NCEEP. Please note that payment into the NCEEP 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
NCEEP is available as an option. For additional information regarding the application
process for the NCEEP, check the NCEEP website at http•//h2o.enr.state.nc.us/wrp/indaex.hntm. If
use of the NCEEP is proposed, please check the appropriate box on page three and provide
the following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): N/A
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 (919) 733-5083 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)
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
Miti ation
1 3
Page 7 of 9
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 213.0242 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.
Bridge deck drains will not be allowed to discharge over surface waters All bridge and roadway
drainage must ass through a vegetative buffer before entering the river.
XII. Sewage Disposal (DWQ Only)
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.
N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
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).
See attached mussel survey information Biological Determination: A "may affect not likely to
adversely affect" determination can be made if HQW erosion control measures are implemented.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 9
* Zone I extends out 30 feet perpendicular trom near oanK or cnannc , [.unc z_ cxtunua a..
additional 20 feet from the edge of Zone I -
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Bridge 180 on SR 1123 (Reese Road)
West Fork Pigeon River
Haywood County
Alderman Environmental Services, Inc.
November 4, 2004
PROJECT: Freshwater mussel survey for Bridge #180 on SR 1123; West Fork
Pigeon River, Haywood County, NC
TARGET SPECIES: Federally listed endangered Appalachian elktoe (Alasmidonta
raveneliana)
BIOLOGISTS: John Alderman
Logan Williams
Karen Lynch
N.C. WILDLIFE RESOURCES COMMISSION ES PERMIT: NC - 2004 ES 09
U.S. FISH AND WILDLIFE SERVICE ES PERMIT: TE065756-0
STATION 20041020.2jma
LOCATION: W. Fork Pigeon River, French Broad River Basin, Haywood County,
North Carolina; Location: 35.43546 N, 82.92422 W; see associated map at end of
report.
SURVEY DATES: October 20, 2004
SITE COMMENTS: Much of cobble and boulder unstable - recently washed into site;
surveyed in project footprint
HABITAT:
WATERBODY TYPE: River
FLOW: Run, riffle
HABITAT (CONTINUED):
RELATIVE DEPTH: Shallow
DEPTH (%<2 FEET): 80
SUBSTRATE: Gravel, cobble, boulder, bedrock
COMPACTNESS: Normal and unconsolidated
SAND/GRAVEL BARS: Present
WOODY DEBRIS: Low
BEAVER ACTIVITY: None
WINDTHROW: Low
TEMPORARY POOLS: None
CHANNEL WIDTH: 25+ meters
BANK HEIGHT: 2.5+ meters
BANK STABILITY: Some erosion/undercutting
BUFFER WIDTH: Narrow to wide
RIPARIAN VEGETATION: Wooded, shrub-brush, grass
LAND USE: Natural, timber, yards, rural
PERCENT COVER: 1
WOODLAND EXTENT: Extensive to not extensive
NATURAL LEVEES: None
VISIBILITY: Clear
WATER LEVEL: Normal
WEATHER: Sun-cloud, cool _
TECHNIQUES AND SURVEY TIME:
TECHNIQUES: Visual; tactile
SURVEY TIME: 0.5 person hours
FRESHWATER MUSSELS:
None
BIOLOGICAL DETERMINATION: If HQW protection measures are
implemented, then "may affect, not likely to adversely affect" federally
listed mussel species
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