19980859 Ver 1_Complete File_19980826

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 •
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 4, 1998
Avery County
DWQ Project # 980859
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bill Gilmore
NC DOT
PO Box 2520
Raleigh, NC 27611-5201
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material for the purpose of a bridge replacement over the North Toe River, as you described in your
application dated August 26, 1998. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3127. This certification allows you to use
Nationwide Permit Number 6 when the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your new application except
as modified below. If you change your project, you must notify us and send us 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 conditions. 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 00506(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. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds
(T 15A:04B.0024).
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. 276 1 1-7447. 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,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
John Domey
Central Files
Since ly, I
l
P esto Howard, Jr. P.E.
980859.Itr
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. 13.0. BOX 25201. RALEIGH. N.C. 2761 1-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
August 12, 1998 98Q859
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue. Room 14.,
Asheville, North Carolina 28801-5006
Attention: Mr. Steven Lund NCDOT Coordinator
Subject: Avery County, Replacement of Bridge No. 65 over North Toe River on
SR 1117; Federal Aid Project No. BRZ-11 17(2); State Project
No. 8.2720701; TIP No. B-2916.
Dear Sir:
The North Carolina Department of Transportation (NCDDT) requests
authorization from the U. S. Army Corps of Engineers (USACE) under a Section 404
Nationwide Permit 6 to conduct foundation investigations for a future bridge replacement
project. This work would not require notification if not for the fact that this project lies in
a mountain trout county.
The project has been described in a Programmatic Categorical Exclusion signed
by the NCDOT on June 30, 1998. The project involves replacing Bridge No. 65 over
North Toe River on SR 1117. Project plans call for replacing the existing bridge with
another bridge on the same location and elevation. Traffic will be detoured on secondary
roads during bridge replacement.
Currently, Bridge No. 65 over North Toe River has a let schedule of December
1999. The NCDOT will submit a request for a Section 404 Nationwide Permit 23 prior to
the scheduled let date.
2
As part of the project planning, the NCDOT has reviewed protected species issues
related to this project. Foundation surveys and bridge replacement will have "No Effect"
upon the species listed for this project. The elevation of the project study area is too low
to support protected plant species listed for Avery County, as well as the northern flying
squirrel (Glaucomys sabrinus coloratus) and spruce-fir moss spider (Microhexura
montivaga). There is no suitable habitat for the peregrine falcon (Falco peregrinus) or the
Virginia big-eared bat (Corynorhinus townsedii virginianus).
Enclosed is a project site map, as well as a completed pre-construction
notification form for a Section 404 Nationwide Permit 6. The NCDOT also requests that
the North Carolina Wildlife Resources Commission (WRC) provide comments to the
USACE concerning this permit request. The NCDOT understands that written
concurrence from the Division of Water Quality (DWQ) for 401 Water Quality
Certification (No. 3127) is not required, although a copy of this application is enclosed
for their records. General conditions of this 401 Water Quality Certification will be
followed.
If you have any questions or need any additional information, please contact Mr.
Phillip Todd at [phone], extension 314.
Sincerely,
J)U&
W. D. Gilmore, P. E., Manager
Planning and Environmental Branch
WDG/pct
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, DWQ, Raleigh
Mr. William Rogers, P. E., Structure Design
Mr. Joe Mickey, WRC, State Road
Mr. Whit Webb, P. E., Program Development
Mr. Len Hill, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. Tom Shearin, P. E., Roadway Design
Mr. W. E. Hoke, P. E., Division 11 Engineer
Mr. Bill Moore, P. E., Geotechnical Unit
Mr. John Williams, Planning and Environmental
DEM ID: CORPS ACTION ID: T.I.P. No. B-2916
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
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
SUBDIVISION NAME:
CITY: Raleigh STATE: 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:
William D. Gilmore P.E. Manager
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Avery NEAREST TOWN OR CITY: Newland
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
See cover letter and attached may. 6. IMPACTED OR NEAREST STREAM/RIVER: North Toe River

RIVER BASIN: French Broad
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT,
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS
(WS-I OR WS-II)? YES [ ] NO [ ] IF YES, EXPLAIN: _
Hatcher supported designated public mountain trout water
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 [ ] NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [x] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
Future brid a re lacement - see cover letter.
TIDAL SALTWATER (SA),
(ORW), WATER SUPPLY
2
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
N/A FT AFTER: FT
LENGTH BEFORE:
d mal h water
hi contours): FT
WIDTH BEFORE (base on nor g
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
CONSTRUCTION OF A DAM/FLOODING:
OTHER: Geotechnical Survey
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):
Geotechnical equipment will be used for foundation surveys.
13. PURPOSE OF PROPOSED WORK:
Foundation surveys for future bridge replacement._
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
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:
BY copy of letter (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: August 6, 1996
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES '[x] NO [I (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 [
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].
4
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? Rural

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.
OWNER'S/AGENT'S SIGNATURE
'1211 C--
ATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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" t North Carolina
Department OI Transportation
' Planning & Environmental Branch
AVERY COUNTY
REPLACE BRIDGE NO. 65 ON SR 1117
OVER NORTH TOE RIVER
B- 916
Q kilometers 1.6 kilometers 3.2
/ Figure 1
0 miles 1.0 miles 2.0

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North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
August 6, 1996
Nicholas L. Graf
Division Administrator
Federal Highway Administration
Department of Transportation
310 New Bern Avenue
Raleigh, N.C. 27601-1442
Re: Replace Bridge #65 on SR 1117 over North Toe
River, Avery County, B-2916, Federal Aid
Project BRZ-1117 (2), State Project 8.272070 i ,
ER 97-7096
Dear Mr. Graf:
Division of Archives and History
Jeffrey J. Crow, Director
On July 17, 1996, Debbie Bevin of our staff met with North Carolina Department
of Transportation (NCDOT) staff for a meeting of the minds concerning the above
project. We reported our available information on historic architectural and endati archaeological surveys and resources
and laerla pwith our hotographs at ,the meetingNCDOT
provided, project area photographs
Basp,d upon our review of the photographs and the information discussed at the
meeting, we offer our preliminary comments regarding this project.
In terms. of historic architectural resources, we are aware of no historic structures
r commend that no historic
located within the area of ducted for this project.
architectural survey be
There are no known archaeological sites within the proposed project area. Based
our present knowledge
re Historic
may be eligible the for area, inclusion unlikely i the National Register archaeological
resources which may b g
connectionewithrthisrecommend that
Places will be affected by the rect n be conducted construction.
no archaeological investigato rical Having provided this informationlook frward to which indicates ors
NCDOT addaessed our
Exclusion or Environmental Assessment
comments.
The above comments are made he pursuant to Section Advisory Council or°Histonc? Preservaltioints ric
Preservation Act of 1966 an
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
East Jones Street • Raleigh, North Carolina 27601-2307 ??
109
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley, environmental
review coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic
DB:slw

Preservation Officer
cc: H. F. Vick
C. Bruton
T. Padgett