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HomeMy WebLinkAbout20041933 Ver 1_Complete File_20041202ow a r?qp? C r DVVQ Project No.: Applicant: &Ii Project Name: Date of Issuance of 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, o/ 3 J0 , hereby state that, to the best of my abilities, due care and diligence was used in observation of the construction such that the construction was observed to be built within substan 'eA- to d intent of the 401 Water Quality Certification and Buffer Rules, the approved e s, d other supporting materials. Signature: Date: ?F- mac" Agent's Certifidai tion I, , 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 Mic asley, Governor Willi ecretary North Carolina Department of Environm and AQuall Alan W. }I(n ek, P. Div?(of atO, NR. 2O/Ic+ 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 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ IFIXW AsCh tKDEN 0? WAr? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 4 -_ r Alan W. Klimek, P.E. Director ` Division of Water Quality December 21, 2004 Haywood County DWQ Project No. 041933 U. S. Highway 276 (Bridge No. 111) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Di Division Engineer D D N C Department of Transportation 253 Webster Road DEC 2 8 2004 Sylva, North Carolina 28779 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 110 linear feet of the East Fork Pigeon River (installation of 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 U. S. Highway 276 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. NorthCarolina Naturally 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 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 East 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 East 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 l Oft. x l Oft 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, ,?ic,o?o?t%c Ci --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 'ITransportation Permitting Unit Mike Parker, Asheville Regional Office ?? ? e ('p? DEC-17-04 03:19PM FROhI-Crowder Construction Co. +704372$948 -? !;[t9w018 CONSTRUCTION COMPANY PO Bax 36292.28230-0292 1123 East 101ft Street, 282114 SINCE 1-947 ChartOtte, Mrth Carolina -aril Fax Coversheet To: 17itZ. m1w W-L h1G It). air I.iAM -0.1 e Fax No.:Z? - 2.9 4 - 7os,13 T-030 P.001/008 F-939 Pt=L'z (704)332-8184 Fax: (7174} 372-9945 D U7?777 i 7 2,004 1 WATER QUALITY SECTION ASHEVILLE REGIONAI nFFir From: Matt Tucker, Bridge & Structures Project Manager -T& 704945-2051 Date: X -- f?- oy Message: C jm'c4 _ f !l 1 ?qu- -M1 7t -A 4W L ?BJft d . 7W,W- y-p U IJ40 &? AI F- *WjP 4.Y: 1 F tea' ACP7!) ? I Arco i? 7 ENW WK Vw '?. a8-r fly CtA&#ftQ pumnK C+cx- - TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: ORIGINAL WILL -WILL NOT HE FORWARDED. THE INFORMATION CONTAINED IN THIS FACSIMILE IS PRIVILEGED AND CONFJDEWTIAL, STRICTLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE 1NTI=LADED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY IIISSEMWATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTI_y PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR ARE NOT SURE WHETHER IT 1S PRIVILEGED. IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN TI.11; ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE US POSTAL SERVICE. THANK YOU- ?I DEC-17-04 03:19PM FROM-Croadar Construction Co. +7043729940 T-030 P.002/008 F-939 Ha ood 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 1843=130 ft Drilled shaft spoils A riprap causeway will be installed as shown on the permit drawings from the nearest bank out to the shaft focativns. Filter fabric will be placed below the dprap causeway to protect the sfreambed. The proposed drilled shafts will be installed with permanent steel casing seated into rock that will seal off the shaft from the adjacent sham. During the drilling operations, the drill rig will be positioned over the hole such that once the auger is extracted 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 to facilitate construction of the interior bent shafts at 180. A temporary workbridge will be installed downstream of the mdsting structure as shown in the permit drawings. The bridge spans will be supported on gabion basket "bents". The stream will be tree to flow beneath these spans and at no time will the stream be blocked to prevent a free flowing nature. Bridge 911 / US 276 Maximum Stream disturbance (Including construction easements) Bridge 111=110 ft Workbridge%auseway 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 io protect the streambed. The causeways will be utilized for access for demolishing the inferior bents and will be removed after demo is complete. A temporary workbddge 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 blacked to prevent a free flowing nature. DEC- 04 2 03:20PM FROM-Crowder Construction Co. F Q? t 4 g y ti ? c ^ d O p$ N r _ ? s a $5 y " HN a ss?Ex? c ?g`ag ?G a 3?3?v? w a:???e ° ?t<e . 3 i _ i 1 r i r r -: I g I v 88 r a ?r ? a M1M1 l mm" + > -ko I w = r s f ? t I e_ g? dal 1 x? S3 R I} 1 1 T 1 a 3y1?1 r. aa°;,.a .1 +7043 729940 T-030 P.008/006 F-99 N z d o < "^dm p a3 n w ia xae°.> » 3t ` in rc LL. M zr a ° $ a q g p n ?? Sg a c b b ° 3 ? y a O u L _ a y 43 r DEC-17-04 03:20PM FROM-Crowder Construction Co. d a G.T u.1 L3 to C:7 a m 0 Q 0- +7043725946 T-030 P.00SAO6 F-939 a E 3 $ ? l+6 s .? 6 •a? M N v cP o ?Y J U- • { DEC-17-04 03:20PM FROM-Crowder Construction Co. C? Ld ca La Q Q a m . Cl Ul rn 0 4 0.. O a a. >r Q r r r r f r O t Z r d ? ? e ? r a r ' ¢ r ar ? r r M43729946 r L r r L1 r m r r ? J ar T-030 P.007no& F-939 .a b 4 w 4 Q. ?? G_1 Cl- V U N x V) U "S O ? ? U I1 3 UIR@guygy A n `? ,wsrnrt° DEC 2 2004 DENR - WATE ALITY WETLANDS AND STORRZQVgTER BRANCH STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY 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 Subject: General Permit No. 31 and Nationwide Permit 33 Application Emergency Bridge Replacement Bridge No. 111 on US 276 over East Fork Pigeon River Haywood County State Project No. 112.1044014 (DWQ Minor Permit Fee $200) Dear Ms. Pennock: rye; i , The North Carolina Department of Transportation (NCDOT) proposes to replace the subject bridge, which was severely damaged by the recent flooding associated with tropical storms Frances and Ivan (September 2004). At present, the bridge is closed with traffic being routed around the site via SR 1885. NCDOT plans to let a design build contract in early December 2004 for this bridge replacement project. NCDOT proposes to replace the existing structure on the same location. The new bridge is 155 feet long by 42 feet wide and will completely span the river, eliminating all interior bents below the ordinary high water mark. Non-shattering methods will be used to remove the old bridge structure. Temporary causeways will be required to remove the existing bents from the water. Plans are to place temporary rock fill from the streambank out to the interior bents. The bents will then be pulled back toward the nearest streambank onto the temporary causeway for demolition. All temporary fill will be completely removed from the stream channel following demolition and construction of the new end bents. A temporary work bridge will be utilized during construction. This will require the placement of possibly 3 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. 111 spans the East Fork Pigeon River, which is a tributary to the Pigeon River, which supports populations of Fourt.itb Division Office, 253 Webstet Road Sylvia, North Carolina 28779 Bridge 111 on US 276 Page 2 November 29, 2004 the federally endangered Appalachian elktoe (Alasmidonta raveneliana). The Pigeon River is also listed as critical habitat from the NC 215 bridge, south of Canton, to the confluence of the East Fork Pigeon River. No elktoe have been documented in the East Fork Pigeon River and the project site lies approximately 4.2 miles upstream from the confluence of the main stem Pigeon River. 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 0.75 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 habitats in the 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 East Fork Pigeon River (DWQ Class WS-III Tr) in order to remove the old interior bents and construct a temporary work bridge. Listed below is a summary of the proposed impacts. Site No. Activity Proposed Condition Net Impacts Station (Temporary Fill Site 1 A Remove Old Bent Temporary Causeway 0.046 Acres 50' x 40' = 2000 s q. ft. Site 1 B Remove Old Bent Temporary Causeway 0.046 Acres 50' x 40' = 2000 s q. ft. Site 2 Construct Temporary 3 Temp. Bridge Bents 0.010 Acres Work Bridge (Gabion Bents) 30'x5'=450sq. ft. Total 0.102 Acres Bridge 111 on US 276 Page 3 November 29, 2004 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 get US 276 back in service 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 ?O G r >> .? o 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 111 on US 276 East Fork Pigeon River Haywood County NCDOT Division 14 Prepared by: Mark S. Davis Division Environmental Officer Version October 2001 Office Use Only: 941933 Form USACE Action ID No. DWQ 0. 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 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 Fax Number: N/A E-mail Address: 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 Replacement of Bridge No 111 on US 276 over East Fork Pigeon River - 2. T.I.P. Project Number or State Project Number (NCDOT Only): 112.1044014 3. Property Identification Number (Tax PIN): N/ 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). Take a left on US 276 east and go approximately 2.8 miles to Bridge 111 (near intersection of US 276 and SR 1885) 5. Site coordinates, if available (UTM or Lat/Long): 035 27' 22.44"N 08250'31.29"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 major collector with residential and surrounding forest land 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): East 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 bq://h2o.enr.state.nc.us/admin/mgps/.) Page 2 of 9 10. Describe the purpose of the proposed work: Emergency bridge replacement due to damage caused by the recent flooding associated with tropical storms Frances and Ivan (September 2004) Interior bent was severely undermined causing the bridge to slump, which is unsafe for the traveling public The bridge is closed and traffic is presently being detoured onto SR 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 - Existing bridge was constructed in 1936 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, im, 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 I A Temp. Fill 2000 sq. ft. East Fork Pigeon River 85 P (50' x 40') 0.046 Acres Site 1 B Temp. Fill 2000 sq. ft. East Fork Pigeon River 85 P (50' x 40') 0.046 Acres Site 2 3 Temp. Bridge 450 sq. ft. East Fork Pigeon River 85 P Bents (30' x 5') 0.010 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, ditching/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.usas.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapgucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0.102 Acres of temporary fill associated with rock causeway and temporary work bridge bents Page 4 of 9 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 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: till, 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-impact 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. The new bridge will be designed to completely span the river. Interior bents will be constructed above the ordinary high water elevation Weep holes will not discharge into surface waters. Temporary causeways will be utilized on both sides of the river in order to remove the existing interior bents The old bridge will be removed by non-shattering methods to prevent materials from entering the stream A temporary work bridge will be used to construct the new bridge. 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 Page 5 of 9 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/strmgide.html. 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 ht!p://h'->o.enr.state.nc.us/M/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: 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 Page 6 of 9 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 (Neuse), 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 Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone L extends an additional 20 feet from the edge of Zone 1. 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 pass 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. 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. I I? I Applicant/Agent's Signature ' Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 9 ml _ CN 'I CV QDI o C) r 4 ? ?I n ? s ?t r. y? *10 J 1? Bridge 111 on US 276 East Fork Pigeon River Alderman Environmental Services, Inc. November 4, 2004 PROJECT: Freshwater mussel survey for Bridge #111 on US 276; East 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 20041020.3jma LOCATION: E. Fork Pigeon River, French Broad River Basin, Haywood County, North Carolina; Location: 35.45632 N, 82.84199 W; see associated map at end of report. SURVEY DATES: October 20, 2004 SITE COMMENTS: Extreme scour down to bedrock under and just above bridge; potential habitat surveyed downriver from bridge HABITAT: WATERBODY TYPE: River FLOW: Run, slack HABITAT (CONTINUED): RELATIVE DEPTH: Shallow DEPTH (%<2 FEET): 30 SUBSTRATE: Silt, sand, 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: 40+ meters - BANK HEIGHT: 2.5+ meters BANK STABILITY: Some erosion/undercutting BUFFER WIDTH: Narrow RIPARIAN VEGETATION: Wooded, shrub-brush, grass LAND USE: Natural, timber, yard, rural PERCENT COVER: 2 WOODLAND EXTENT: Intermediate and not extensive NATURAL LEVEES: None VISIBILITY: Clear WATER LEVEL: Normal WEATHER: Sun-cloud, cool TECHNIQUES AND SURVEY TIME: TECHNIQUES: Visual; tactile SURVEY TIME: 0.75 person hours FRESHWATER MUSSELS: None OTHER TAXA: Helisoma anceps - I live BIOLOGICAL DETERMINATION: If HQW protection measures are implemented, then "may affect, not likely to adversely affect" federally listed mussel species ?w W W > D Z ?O ?w w0 v? - ?a U. ww aw ?o V1 r W r ? r LL I- ? 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