I-26 INVESTIGATION NW 14

SiAlj o
JO
f
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental ,tilanagement
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor July 17, 1992 George T. Everett, N.D.
William W. Cobey, Jr., Secretary Director
Mr. F.R. Glass
Asheville Area Geologist
NCDOT - Geotechnical Unit
P.O. Box 3279
Asheville, N.C. 28802
Dear Mr. Glass:
Subject: Proposed Fill in Wetlands and Waters
I 26 investigation, Little Creek
Macon County
DEM Project #92337, COE Project #199202501
Upon review of your request for Water Quality Certification
to place fill material in less than one acre of wetlands and
waters for investigations of I-26 right of way located at
in Madison County, we have determined that the proposed fill can
be covered by General Water Quality Certification No. 2732 issued
May 1, 1992. A copy of the General Certification is attached.
This Certification may be used in qualifying for coverage under
Corps of Engineers' Nationwide Permit No. 14.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
L •I ?
0.eston ward, Jr. P.E.
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Ri-CION',AL (DEICES
Asheville Fayetteville Mooresville Raleigh u/ashington W1I[Itington wimton-salon
704/251-6208 919/486-1541 704/663-16x);3 91'315 7 1-4 71x) 919P146(1481 919/395-311(x) 919/8967(X)7
Pollution Provention Pays
P.O. 13ox 29535, Raleigh, North Carolina 27626-0535 -Iclephone 919-733-701>
An [goal Optsutww, Ain mauve k-.-n I_n I'l-'r
?~?%i? SiATE.?*?•?
•?Y t1WM'Vd.a
hv?xz?av?s
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY July 8, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
P. 0. Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
[ P ?_?(1? : f
31992

DIVISION OF HIGHWAYS
WILLIAM G. MARLEY, JR., P.E.
STATE HIGHWAY ADMINISTRATOR
Enclosed are documents from the North Carolina Wildlife Resources
Commission and the U. S. Army Corps of Engineers concerning the North
Carolina Department of Transportation's application for a permit to
place two pipes in Little Creek in Madison County. This letter is a
follow-up to our telephone conversation on July 8, 1992.
The purpose of this work is to provide access into the proposed
alignment of Interstate 26 from Asheville to the Tennessee State Line.
These crossings are located on the David Woodie and Milo Ingle
properties, and will be used to move the drilling equipment necessary to
conduct a subsurface investigation along the proposed route of I-26.
If you require additional information, please let me know.
Sincerely,
F. R. Glass, Asheville Area Geologist
NCDOT - Geotechnical Unit
P. 0. Box 3279
Asheville, North Carolina 28802
[phone]
FRG: mw
Enclosures
An Equal Opportunity/Affirmative Action Employer
DEPARTMENT OF THE ARMY
rf '\\\?'? WILMINGTON DISTRICT CORPS OF ENGINEERS
' P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
? IN REPLY REFER TO July 1, 1992
Regulatory Branch
Action ID. 199202501 and Nationwide Permit No. 14 (Road Crossing)
Mr. F.R. Glass
N.C. Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Glass:
Reference your application of May 19, 1992, for Department of the Army
authorization to construct two culverted road crossings across Little Creek in
conjunction with subsurface investigations for the proposed I-26 route from
Madison County to the Tennessee state line. The crossings are located on the
Milo Ingle and David Woodie properties near Marshall, Madison County, North
Carolina. The projects have been reviewed by the N.C. Wildlife Resources
Commission (WRC) for potential adverse impacts to designated trout waters.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
je
r--
-2-
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached June 12, 1992 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain any required State or
local approval. Please contact Mr. John Dorney, North Carolina Division of
Environmental Management, telephone [phone], to obtain a waiver or
water quality certification for the proposed work. This permit is effective
upon receipt of the waiver or certification.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerelv,
ne Wrigh
Chief, Regulatory Branch
Enclosure

® North Carolina Wildlife Resources Commission 9
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Robert W. Johnson, Office Manager
U.S. Army Corps of Engineers, Asheville
FROM: Dennis Stewart, Manager
Habitat Conservation Program
DATE: June 12, 1992
SUBJECT: Review of an application by Mr. F. R. Glass of the
NCDOT to install 2 culverts in Little Creek off of SR
1344, Madison County
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr. F. R. Glass, and
professional biologists on our staff are familiar with habitat
values of the project area. An onsite investigation was
conducted on June 4, 1992 for the purpose of further assessing
potential construction impacts on wildlife and fisheries
resources. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et
seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d.).
The NCDOT proposes to install 2 pipes in Little Creek in
Madison County to access the proposed route of the Interstate 26
extension through the county. A 48" x 20' metal pipe will be
installed on the Milo Ingle property and a wooden bridge on the
David Woodie property will be replaced with a 48" x 20' metal
culvert. This work is being proposed so that the NCDOT can move
drilling machines across Little Creek to do subsurface
investigations of the I-26 route.
Little Creek is a Designated Public Mountain Trout Water
(DPMTW), and it is.managed with a Wild Trout fishing regulation.
This stream has a good population of wild rainbow trout, and
brook trout have been caught above the proposed crossings in the
past. Little Creek has a width of 1-2 meters and a bank full
width of 4 meters. The substrate of the stream is cobble and
boulders. The stream has a steep gradient and can be described
as having a plunge-pool channel. No federal or state listed
threatened or endangered species are know to be present at this

site. This project could result in harm to the trout population
if the culverts create a barrier to trout migration and if the
project causes an increase in sedimentation of the creek.
The NCWRC is concerned over potential adverse impacts to
aquatic resources in this drainage. The NCWRC will not object to
the issuance of the permit provided the following conditions are
met by the applicant:
1) Erosion control measures should be installed prior
to the start of construction and maintained until
the project site has been stabilized.
2) In order that fish passage will be insured, the
culverts must be placed 1 foot into the stream bed.
3) Temporary ground cover should be placed on bare
surfaces as soon as construction is completed.
Permanent vegetation in these same areas must be
established within 15 working days of project
completion to provide long term erosion control.
We appreciate the opportunity to review and comment on this
project. Please contact us if you need further assistance.
cc: Mr. Micky Clemmons, D-9 Fisheries Biologist
Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
X. F. R. Glass, NCDOT
K
r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
July 1, 1992
rx {
J
Action ID. 199202501 and Nationwide Permit No. 14 (Road Cross'
Mr. F.R. Glass
N.C. Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Glass:
3 ??92
Reference your application of May 19, 1992, for Department of the Army
authorization to construct two culverted road crossings across Little creek in
conjunction with subsurface investigations for the proposed I-26 route from
Madison County to the Tennessee state line. The crossings are located on the
Milo Ingle and David Woodie properties near Marshall, Madison County, North
Carolina. The projects have been reviewed by the N.C. Wildlife Resources
Commission (WRC) for potential adverse impacts to designated trout waters.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
00
It
-2-
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached June 12, 1992 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain any required State or
local approval. Please contact Mr. John Dorney, North Carolina Division of
Environmental Management, telephone [phone], to obtain a waiver or
water quality certification for the proposed work. This permit is effective
upon receipt of the waiver or certification.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
or
N.
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
N.C. Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786