20070470 Ver 1_Application_20070316

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STATE OF NORTH CAROLINA
DEPARI'1VIENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN
Subject
Dear Mr. Lund:
Mr. David Baker
NCDOT Coordinator
8.1891301, WBS Element No. 33600.1.1, Rutherford County, Division 13, TIP
No. B-4258.
March 14, 2007
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LYNDO TIPPETT
SECRETARY
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Nationwide Permit 6 Application for replacement of Bridge No. 7 on US 64
over the Broad River, Federal Aid No. BRSTP-0064(61), State Project No.
The North Carolina Department of Transportation (NCDOT) proposes to replace the structurally
deficient Bridge No. 7 on US 64 over the Broad River with a new bridge on a new alignment.
NCDOT's Geotechnical Unit is planning a site characterization investigation for the foundation
design for the new bridge. The NCDOT is providing written application because a portion of this
work (four borings) is to be conducted within the Broad River; DWQ Index No. 9-(1), Class C Tr.
The Geotechnical Unit will be conducting the subsurface investigation performing a maximum of
eight borings, with four borings to be located on land in the proposed roadway and four borings to
be located within Broad River. The temporary surface water impacts total < 0.01 acre (8 ftz per
boring). Please see the attached Plan Sheet showing location of borings and PCN for reference.
The NC Wildlife Resource Commission (NCWRC) has issued a trout moratorium for in-stream
work with 25 foot buffer from January 1 to April 15.
The four borings to be installed in Broad River will be performed from a 12 x 20 foot barge
secured by steel spuds, anchors, and/or cables attached to trees. The barge will be launched from
the shore using a crane. In the event stream water depth is too shallow to float the barge, the
borings will be conducted in the stream using a rubber tired ATV, drill as the barge requires a
water depth of approximately one foot. These borings will require rock-coring techniques. Athree-
inch casing will be advanced until it reaches rock. At that time atwo-inch diameter rock core will
be obtained through the casing with rotary wash techniques. Drilling fluid will consist of water
drawn from the stream without additives. The water cools the casing during the coring process
and overflows back into the stream. The water should not contact any contaminants during the
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
PARKER LINCOLN BUILDING
2728 CAPITAL BLVD., SUITE 240
RALEIGH NC 27604

coring process. This method creates minimal disturbance of the river bottom and is less invasive
than auguring.
The four land borings will be conducted with a rubber ATV drill rig utilizing 6" hollow stem
augers or 3" casing with rotary wash techniques. The land borings will be backfilled with the
cuttings and then sealed with a bentonite plugs.
AVOIDANCE & MINIMIZATION
The NCDOT is committed to incorporating all reasonable and practicable design features to avoid
and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining,
unavoidable jurisdictional impacts. Specific measures taken to minimize impacts are as follows:
• Limiting the number of borings within Waters of the United States ~to four (4).
• Utilizing casing to advance the borings to contain all drilling fluid and cuttings.
• Implementing and strictly enforcing Sedimentation and Erosion Control Guidelines for
Sensitive Watersheds (15A NCAC 4B.0024)
• Implementing Best Management Practices (BMPs) for Protection of Surface Waters.
MITIGATION
As the project impacts are temporary, no mitigation is proposed.
FEDERALLY PROTECTED SPECIES
Plants and animals with federal classifications of Endangered (E) and Threatened (T) are protected
under provisions of Section 7 of the Endangered Species Act of 1973, as amended. As of February
13, 2006, the U.S. Fish and Wildlife Service (FWS) lists five federally protected species for
Rutherford County (Table 1). The one species with habitat present, small-whorled pogonia, was
last surveyed in May 2004. Another survey for this species may be required prior to construction
of the project.
Table 1. Federally protected species of Rutherford County.
Common Name Scientific Name Federal
Status Habitat
Present Biological
Conclusion
Indiana bat M otis sodalis E No No Effect
Dwarf-flowered heartleaf Hexastylis naniflora T No No Effect
Small whorled ogonia Isotria medeoloides T Yes No Effect
White irisette Sisyrinchium dichotomum E No No Effect
Rock gnome lichen Gymnoderma lineare E No No Effect
2

Project Schedule
The project is currently scheduled for review on January 29, 2008 and to Let on March 18, 2008
with construction to begin shortly thereafter.
REGULATORY APPROVALS
The NCDOT anticipates that these activities will be authorized by a Nationwide Permit No. 6 and
the associated 401 General Certification No. GC3376. A completed PCN form and appropriate
drawings are attached for your review. All General Conditions of the Water Quality Certification
will be met. Therefore, written concurrence from the North Carolina Department of Environment
and Natural Resources, Division of Water Quality (DWQ) is not required. In accordance with 15A
NCAC 2H.0501(a), we are providing two (2) copies of this application to DWQ for their records.
Thank you for your assistance with this project. If you have any questions or need additional
information please call Jeff Hemphill at [phone].
Sincerely,
~~
~''" Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc:
W/attachment
Mr. John Hennessy, NCDWQ (2 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Dr. David Chang, P.E., Hydraulics
Mr. Victor Barbour, Project Services Unit
Mr. Njoroge W. Wainaina, State Engineering Geologist, P.E., Geotechnical Unit
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. J.J. Swain, P.E. Division Engineer
Mr. Roger Bryan, DEO
W/o attachment
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Mr. Joseph Miller, P.E., PDEA Project Planning Engineer
3

Office Use Onty: Form Version March OS
USACE Action ID No. DWQ No. 2 ~ ~ 7 ~ 4 7 0
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 6
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
I1. Applicant Information
1. Owner/Applicant Information
Name: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: NCDOT -Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, NC 27699-1598
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: ekschubert(cr~,dot.state.nc.us
2. AgenUConsultant 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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 1 of 8

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: Bridge No. 7 over the Broad River on US 64.
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-425
3. Property Identification Number (Tax PIN): N/
4. Location
County: Rutherford Nearest Town: Chimney Rock Village
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Take I-40 west to NC 9 at
Exit 54 and turn left. Proceed south for approximately l3 miles to US 64 turn left. Head east
for approximately 3.5 miles to the bride 7 over the Broad River. The bridge crossing is just
prior to Broad Rivers confluence with Lake Lure.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°26.15' °N 82°14.10' °W
6. Property size (acres):
7. Name of nearest receiving body of water: Broad River
8. River Basin: 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/mapsl.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The land uses surrounding and within the project stud a
are commercial and undeveloped.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used:
Subsurface geotechnical investigations will be performed. The four in-water borings will be
performed by a drilling barge or ATV. The four land borings will be performed with a
rubber tired ATV drill rig.
11. Explain the purpose of the proposed work: To determine foundation potential.
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.
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.
A NWP 23/33 and associated approvals from the NCDWO will be requested for the replacement
of Bridge No. 7 over Broad River on US 64.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
1. Provide a written description of the proposed impacts: No permanent wetland or stream
impacts will occur with this action. Please see cover letter for more details.
Page 3 of 8

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
No Wetlands

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage. multiply leneth X width_ then divide by 43 SF~B_
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
B-3 Broad River Temporary Perennial 160 ft N/A < 0.01
B-4 Broad River Temporary Perennial 160 ft N/A < 0.01
B-5 Broad River Temporary Perennial 160 ft N/A < 0.01
B-6 Broad River Temporary Perennial 160 ft N/A < 0.01

Total Stream Impact (by length and acreage) 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation, dred~in~. flooding. drainane_ bulkheads_ etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
No open water

Total Open Water Impact (acres) 0
Page 4 of 8

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): < 0.01 (Temporary-borings
(32ft'))
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) < 0.01 (Temporary-borings
(32ft~))
Total Stream Impact (linear feet): 0
Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
8. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. Only 4 borings will be in
Broad River. Casings will be used to advance the borings to contain cuttings. Drilling fluid will
consist of water drawn form the stream with no additives. Sedimentation and Erosion Control
Guidelines as well as Best Management Practices will be followed.
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 R

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 January 15, 2002, 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
httpa!h2o.enr.state.nc. us/ncwetlandsi stnngide.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.
No mitigation is posed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:%/h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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 [phone] to review current thresholds for environmental documentation.
Yes ® No ^
3. 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 lmpacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) I SA NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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* I Impact I Required 1
~~~„~_~ r ,~ Multiplier
3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Page 7 of 8

Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Impervious surface will not significantly increase as a result of this project.
XII. Sewage Disposal (required by DWQ)
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 (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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