19970368 Ver 1_Complete File_19970428

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
A IF
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May 7, 1997
Rutherford County
WQC 401 Project #970368
TIP #B-2624, State Project No. 8.2890301
You have our approval, in accordance with the attached conditions, to place fill material in acres of
wetlands or waters for the purpose of constructing temporary fill for a road crossing at SR 1190 (Bridge 319),
as you described in your application dated 15 April 1997. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3114. This Certification allows you
to use Nationwide Permit Number 33 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 fills 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 permit 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 conforms 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 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 John Dorney at 919-733-1786.
Si yel ,
v
n low,?rd, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
970368.1tr
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/100/6 post consumer paper
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363
STATE OF NORTH CAROLINA
DEPARTMENT OF TI?ANSPORTA?
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAN B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARYy
April 15, 1997 `????, Gccp
?J9TJ
U. S. Army Corps of Engineers ,ymo?2 v
Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN: Mr. Cliff Winefordner
Chief, Southern Section
Dear Sir: ,
SUBJECT: Rutherford County, Replacement of Bridge No. 319 over the Rocky Broad
River; State Project No. 8.2890301; TIP No. B-2624.
The Corps of Engineers (COE) has authorized the replacement of the referenced
bridge under a Section 404 Nationwide 23 permit (COE Action ID 199505080). Since
issuance of the permit for the project, changes in the project construction plans have been
made. The proposed project is scheduled to let to construction in May 1997.
Present construction plans not only include those documented in the Categorical
Exclusion for the subject project but also involve the construction of a temporary
causeway in the Rocky Broad River. The temporary causeway is necessary in order to
construct the new bridge crossing of the Rocky Broad River. Temporary impacts to the
surface waters from the temporary causeway total 0.1 acre (.04 ha). Construction plans
detailing the proposed causeway are depicted in the attached drawing.
Attached to this cover letter is a copy of the biological conclusions for the
protected species which occur in Rutherford County. This issue was addressed in the
Natural Resources Technical Report and subsequent Right-of-Way Construction
consultations prepared by the DOT Natural Resources Group. By copy of this letter, the
DOT has contacted the US Fish and Wildlife Service and fulfilled Section 7 of the
Endangered Species Act.
e

It is agticipated that the above mentioned activities will be authorized under a
Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering).
The DOT is therefore requesting the issuance of a nationwide permit authorizing the
construction of the causeway.
Enclosed is a project site map, construction drawings, as well as a completed
preconstruction notification form for a Nationwide Permit 33 and General 401 Water
Quality Certification. Since this project occurs in a designated trout county, the DOT is
also requesting that the NC Wildlife Resources Commission (WRC) provide comments
to the COE in regard to this permit application. By copy of this letter, the DOT also asks
that the appropriate General 401 Water Quality Certification be issued by the Division of
Water Quality for this construction work.
If you have any questions or need any additional information, please contact
Mr. Lindsey Riddick at [phone] extension 315.

HFV/plr
Sincerely,
Franklin Vick, PE, Manager
Planning and Environmental Branch
cc: Mr. Bob Johnson, COE, Asheville
Mr. John Dorney, Division of Water Quality
Mr. Mark Cantrell, USF'WS, Asheville
Mr. William Rogers, P.E., Structure Design
Mr. Mark Davis, WRC, Waynesville
Mr. Kelly Barger, P.E., Program Development
Mr. Don Morton, P.E., Highway Design
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. Tom Shearin, P.E., Roadway Design
Mr. W. D. Smart, P.E., Division 13 Engineer

DEM ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
CORPS ACTION ID: 199505080
NWP 33
PRE - CON S TRLTCT = ON NOT = F'= CAT = ON AP PL =CAT = ON
FOR NATIONWIDE PERMITS THAT REQUIRE:

Fd
1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION l9 /?
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch
2. MAILING ADDRESS: Post Office Box 25201
CITY: Raleigh STATE:
T.I.P. No. B-2624
SUBDIVISION NAME:
NC ZIP CODE: 27611
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
H. Franklin Vick, P.E., Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Rutherford NEAREST TOWN OR CITY: Chimney Rock
1
e
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): Approximately 396 m (1,300 feet) down stream
of the existing bridge no 313 on SR 1190.
6. IMPACTED OR NEAREST STREAM/RIVER: Rocky Broad River
RIVER BASIN:
Broad River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [X] NO [ ] IF YE'S, EXPLAIN: Trout County
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7c. IF THE.PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Action ID No. 199505080 and Nationwide Permit No. 23
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
2
I
9a.
9b.
10a.
ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A
ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A --
NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED:
N/A
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AUn AFTER RELOCATION):
LENGTH BEFORE: N/A FT -AFTER:
N/A
WIDTH BEFORE,(based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE:
FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:
PLACEMENT OF PIPE IN CHANNEL:
FT
FT
FT
FT
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Construction of rock causeway in river, road construction equipment.
3

13. PURPOSE OF PROPOSED WORK: To provide construction access for
replacement of Bridge No 313.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Project is bridged across river on new location.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See Categorical
Exclusion (ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: See Categorical Exclusion
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [X] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [X] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [X] NO []
4
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE, PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY -PROJECT .
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Mixed commercial and
residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
0
OWNER'S/AGENT'S SIGNATURE ATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

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St:AI! FOR EMARCFlAEMS
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
VICINITY RUTHERFORD COUNTY
PROJECT: 8.2890301 (B-2624)
MAPS BRG.NO. 313 ON SR 1190 OVER
ROCKY BROAD RIVER
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STATE OF NORTH CAROLINA
DEPARTMENT OF ZPANSPORTATION
ATTN.: Mr. Cliff Winefordner
Chief, South Section
Dear Sir:
GARLAND B. GARRETT J R.
SECRETARY
Doti
Y c"?y
Subject: McDowell County, Replacement of Bridge No. 175 over the Second
Broad River on SR 1150, Federal Project No. BRZ-1150(5), State Project
No. 8.2870401, T.I.P. No. B-2586.
The North Carolina Department of Transportation proposes to replace Bridge No 175
over the Second Broad River. On February 28, 1997 we sent you a planning document
and notice that we proposed to proceed under Nationwide Permit 23 in accordance with
33 CFR Appendix A (B-23). The document described the replacement of Bridge No 175
approximately 12 meters (40 feet) upstream (west) of the existing location with a
bottomless culvert approximately 17 meters (56 feet) long and 10.2 meters (34 feet) wide.
project will not impact jurisdictional wetland communities.
The design has changed and we now propose to replace the existing structure at the
location of the existing bridge with the previously described culvert. As mentioned in our
February 28, 1996 letter, SR 1150 will be closed during construction and traffic will be
maintained on existing area roads during construction. Construction of the proposed
?a
Q,
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF HIGHWAYS
P.O. BOX 25201, RALEIGH. N.C. 27611-5201
April 14, 1997
?p11SSl
U. S. Army Corps of Engineers
Regulatory Field Office
P.O. Box 1890 '
Wilmington, North Carolina 28402-1890
r I A
2
If you have any questions or need additional information please )call Ms. Alice N. Gordon
at 733-7844 Ext. 307.
Sincer, y,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: w/attachment
Mr. Steve Lund, Corps of Engineers, Asheville Field Office
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. Kelly Barger, P.E. Program Development Branch
Mr. Don Morton, P.E., Highway Design,Branch
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William J. Rogers, P.E., Structure Design Unit
Mr. Tom Shearin, P.E., Roadway Design Unit
Mn W. D. Smart, P.E., Division 13 Engineer
Mr. Charles Cox, P & E Project Planning Engineer
Ms. Stephanie Goudreau, Mt. Region Coordinator

4"s s 5TAit
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201• RALEIGH, N.C. 27611-5201 SECRETARY
April 14, 1997
U. S. Army Corps of Engineers
Regulatory Field Office P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. Cliff Winefordner
Chief, South Section
Dear Sir:
Subject: McDowell County, Replacement of Bridge No. 175 over the Second
Broad River on SR 1150, Federal Project No. BRZ-1150(5), State Project
No. 8.2870401, T.I.P. No. B-2586.
The North Carolina Department of Transportation proposes to replace Bridge No 175
over the Second Broad River. On February 28, 1997 we sent you a planning document
and notice that we proposed to proceed under Nationwide Permit 23 in accordancd with
33 CFR Appendix A (B-23). The document described the replacement of Bridge No 175
approximately 12 meters (40 feet) upstream (west) of the existing location with a
bottomless culvert approximately 17 meters (56 feet) long and 10.2 meters (34 feet) wide.
The design has changed and we now propose to replace the existing structure at the
location of the existing bridge with the previously described culvert. As mentioned in our
February 28, 1996 letter, SR 1150 will be closed during construction and traffic will be
maintained on existing area roads during construction. Construction of the, proposed
project will not impact jurisdictional wetland communities.
0
.,,. 2
If you have any 4uestions or need additional information please call Ms. Alice N. Gordon
at 733-7844 Ext. 307.
Sincer, y,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/plr
cc: w/attachment
Mr. Steve Lund, Corps of Engineers, Asheville Field Office
Mr. John Dorney, NCDEHNR, Division of Water Quality
Mr. Kelly Barger, P.E. Program Development Branch
Mr. Don Morton, P.E., Highway Design.Branch
Mr. A. L. Hankins, P.E., Hydraulics Unit
Mr. William J. Rogers, P.E.; Structure Design Unit
Mr. Tom Shearin, P.E., Roadway Design Unit
Mr, W. D. Smart, P.E., Division 13 Engineer
Mr. Charles Cox, P & E Project Planning Engineer
Ms. Stephanie Goudreau, Mt. Region Coordinator