19970400 Ver 1_COMPLETE FILE_19970506

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

James B. Hunt. Jr.. Govemor
Jonathan B. Howes. Secretary
A. Preston Howard. Jr.. P.E.. Director

_RA

DEHNR

May 12, 1997
Watauga County
WQC 401 Project #970400

I
\
J
I
!

APPROVAL of 401 Water Quality Certification

Mr. Daniel Holdennan
N.C. Dept. of Transportation
1296 Prison Camp Road
Newton, NC 28658

Dear Mr. Holdennan:

You have our approval, in accordance with the attached conditions, to place ftll material in waters for the
purpose of replacing a ford at SR 1526, Ford #5. as you described in your application dated 10 March 1997.
After reviewing your application, we have decided that this f1ll is covered by General Water Quality
Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when it is
issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland ftlls for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal. state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA pennit expires unless otherwise specified in the General Certification.
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 confonns to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are fmal 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 John Dorney at 919-733-1786.

... ".'..

Sincerely,

I'.. .
"
,
I

Attachment

n~A =0drr
~~~n HDw~. IV

cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Dorney
Central Files

970400.1tr

Division of Water Quality . Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper

..A~ ·

/, ", ISSVEU

JAMES B. HUNT JR.
GOVERNOR

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
March 10, 1997
1296 Prison Camp Road
Newton, N. C. 28658

GARLAND B. GARRETT JR.
SECRETARY

Dear Mr. Johnson:

~ ~~a
~ ""'~r <Y~
, tJ. V
~~ 6"~
'. ('IS)
'-" C'({;
~

Mr. Robert Johnson, Office Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, N. C. 28801-5006

The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following
project for your issuance of a Section 404 permit. The project involves a designated mountain county in
Western North Carolina and we believe this project can be accomplished under Nationwide Permit #14,
Road Crossing:

COUNTY: Watauga
ROUTE: SR 1526, Ford #5, 2.5 Miles from end of pavement
STREAM: Horton Branch, Tributary to Joe's Fork
DESCRIPTION: Eliminate existing ford using 1 line of 103"x71" CMPA.
DEM designated troutwaters. No wetlands, nor HQW involved.
Approximately 200 CY of fill material below normal highwater.
Provide baffles in pipe as necessary to aid in fish passage.

With a copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources
Commission.

We have attached a site location map, and a sketch of planned activities. A stringent erosion and
sedimentation control program will be implemented during the project construction and every effort will
be made to complete work in a timely manner.

Our personnel are available to assist with your evaluation of this project, ifnecessary. Should you
have any questions, please call me at 704-466-5525.

Attachment:

Sincerely,

(f4,~L2/~~

Daniel D. Holderman
Bridge Maintenance Supt.

CC-Ms. Stephanie Goudreau
W. A. Kirby
File

&)

"

DEM ill:

ACTION ill:

JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NarIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION

WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P. O. BOX 1890
WILMINGTON, NC 28402-1890
ATIN: CESAW-CQ-E
TELEPHONE [phone]

WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT AL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P. O. BOX 29535
RALEIGH, NC 27626-0535
ATIN: MR. JOHN DORNEY
TELEPHONE [phone]

~ ~
, ~4? ~~
\cr~
1. d'....
v ..~
~

ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N. C. DIVISION OF
ENVIRONMENT AL MANAGEMENT. PLEASE PRINT.

1. OWNERS NAME: NORTH CAROLINA DEPARTMENT TRANSPORTATION

2. OWNERS ADDRESS: BRIDGE MAINTENANCE UNIT
1296 PRISON CAMP ROAD
NEWfON, N.C. 28658

3. OWNERS PHONE NUMBER (HOME):

(WORK): 704-466-5525

4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, & PHONE #.
DANIEL D. HOLDERMAN
BRIDGE MAINTENANCE SUPERINTENDENT
1296 PRISON CAMP ROAD
NEWfON, NC 28658

5. LOCATION OF PLANNED WORK (ATI ACH MAP).
COUNTY: Watauga
NEAREST TOWN OR CITY: Aho
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
SR 1526 (Sampson Rd.), Ford #5 - Approx. 2.5 Miles from end pf pavement

6. NAME OF CLOSEST STREAMJRIVER: Horton Branch - Trib. to Joe's Fork

7. RIVER BASIN: Yadkin River

8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES (X ) NO ()

9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSL Y REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO (X)
IF YES, EXPLAIN.

10. ESTIMATED Tar AL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: None

.

-2-

11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: N/ A
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
Tar AL IMPACTED:

12. DESCRIPfION OF PROPOSED WORK (ATTACH PLANS):
Eliminate existing ford using I line of I03"x71" CMPA.

13. PURPOSE OF PROPOSED WORK: Replace existing ford.

14. ST ATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NarE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. N/A

15. YOU ARE REQUIRED TO CONT ACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALL Y LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABIT AT IN THE PERMIT AREA THAT MAYBE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES () NO (X) N/ A
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.

16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORICE PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES ( ) NO ( X) No historical structures or sites
RESPONSE FROM THE SHPO SHOULD BE ATT ACHED. involved.

17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. N/A

B. IF AVAILABLE, REPRESENTATIVE PHarOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/ A

C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/ A

D. IF A STORMW ATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A

E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Woods

F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A

~L:Z:?~~~~.'
BRIDGE MAINTENANCE SUPT.

~ .
"(:,.c-,,,

.;~\)';i'\
,I r/" I

=1]\_'0
1,\

" '

]'5
~~ ~

, "

" '68\0, '-~;-?,.,
'~,,\p;"
'\ '\,' "
'8
',- ~

"
~:\'\
"II
"'I
-::'-,

l ~
" ~
3 ~
~t~ \0
~ ~ ! II
~ ~ '-
1- ~ ~ ~
<) ') ~ ~
'0 ~ \~ .~
~"~'0
\\) ...,.
;:S ,,5,

....
~
roO

~
-..!
~

~

~
~
<:l

'{'
~
~
~

-"~"C".\j'(--::",
' ',"" J, '~_,_
-,', '):1, :' '_
.' -:: ~ ~ c::::::
/--.::- ;:.~,

I
~

).

\... ~ "-
" /<:\
3 ~ ~
~ ~.
~ t '" I.,
~ ~
~!~
~ '" ~
\- ~ ~
l.::~ ~
4;) ~ ~ ~ ~
0t ~ ~ (J
~ ~ Y';) '{'
\\) "1 ~
~. ~
-...;
..... 0....
I ~
,..0
-1-- ----""-l"-

,
. ,
-.+- i

.-i.

,

-- T

.J..

.1
I

! I f -.

,
1-

. .

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 23, 1997

IN REPLY REFER TO

Regulatory Branch

Action 1D. 199702474 - General Permit (Action 1D. 198200031)

Mr. Daniel D. Holderman
State of North Carolina
Department of Transportation
1296 Prison Camp Road
Newton, North Carolina 28658

Dear Mr. Holderman:

Reference your March 10, 1997 application for Department of the Army
authorization to install one line of 103 inch by 71 inch CMPA in Horton Branch
near Aho, in Watauga County, North Carolina. The purpose for the project is
to eliminate Ford #5 on SR 1526. Less than one-tenth of an acre of stream
channel will be impacted and no wetlands will be impacted by the work. This
project has been coordinated with the North Carolina Wildlife Resources
Commission (WRC).

On January 1, 1992, we renewed general permit, Action 10 No. 198200031,
(copy enclosed), that authorizes the placement of fill material associated
with the construction, repair, or replacement of bridges across navigable
waters and waters of the United States in North Carolina, including
cofferdams, abutments, foundation seals, piers, temporary construction and
access fills, approach fills, detour fills, and box culvert installation, as
part of work conducted by or in full compliance with the standards and
specifications of the North Carolina Department of Transportation (NCDOT).

Your proposed work is authorized provided it is accomplished in strict
accordance with the enclosed conditions and those conditions outlined in the
March 18, 1997 WRC letter (copy enclosed). Please read the enclosed permit to
prevent an unintentional violation of Federal law. As this Department of the
Army general permit does not relieve you of the responsibility to obtain any
other required approvals, you should contact appropriate State and local
agencies before beginning work.

Questions or comments may be addressed to Mr. Steve Chapin in our
Asheville Regulatory Field Office at [phone].

Sincerely,

Robert W. Joh
Office Manager
Asheville Regulatory Field Office

Enclosure -APR 2 f3 1qq7

-,", . . ..

~ North Carolina Wildlife Resources Commission~

512 N. Salisbury Street, Raleigh, North Carolina 27604,1188, 919-733,3391
Charles R. Fullwood, Executive Director

MEMORANDUM

TO:

Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers

FROM:

Stephanie E. Goudreau, Eastern Mt. Region Coordinator
Habitat Conservation Program

DATE:

March 18, 1997

SUBJECT:

Review of an application by NCDOT to install I line of 103"x 71" CMPA in Horton Branch to
eliminate Ford #5 along SR 1526, Watauga County.

The North Carolina Department of Transportation (NCDOT) is requesting a letter of concurrence from the
North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of
Engineers. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U .S.C.
466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.c. 661-667d).

Horton Branch is a tributary to Joe's Fork, which supports wild brown and brook trout. We have no
objection to the issuance of this permit, provided the following conditions are met:

I) Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout
spawning season of November I through April 15 to protect the egg and fry stages of trout.

2) The new culvert should be buried one foot into the substrate if possible to maintain fish passage through
the culvert and allow substrate to accumulate in the culvert. If the culvert cannot be buried, then baffles
should be installed in the culvert to catch substrate and provide resting places for fish.

3) If concrete will be used, construction must be accomplished so that wet concrete does not contact stream
water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill.

4) Heavy equipment should not be operated in the stream channel in order to minimize sedimentation and
reduce the likelihood of introducing other pollutants into the stream.

5) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long-term erosion control. If seeding is done after I October 1997, then the
NCDOT should return after I April 1998 to reseed if necessary.

Thank you for the opportunity to review and comment on this project. If you have any questions regarding
these comments, please contact me at 704/652-4257.

cc:

Mr. Daniel Holderman, NCDOT

MAR 2 0 '991