20001092 Ver 1_Complete File_20000821

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Replacement of Bridge No. 32 over Shelton Laurel Cr
APPROVAL of 401 Water Quality Certification
Mr. William D. Gilmore, P.E., Manager
North Carolina Department of Transportation
Project Development and Environmental Analysis Branch
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
NCDENR
August 24, 2000
Madison County
On NC 212, TIP No. B-2150
DWQ Project # 001092
You have our approval, in accordance with the attached conditions and those listed below, to temporarily
place fill material in 0.02 acres of surface waters for the purpose of replacing Bridge No. 32 over Shelton
Laurel Creek in Madison County. The project should be constructed in accordance with your application
dated 15 August 2000 (received 21 August 2000). After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification number 3289 corresponding to the Corps of
Engineers Regional (General) Permit Number 198200031. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment
and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the attached 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, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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,
?"', Kerr T. Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Central Files
001092
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
NOR SECRETARY
JAM)epaitment UNT JR. DAVID MCCOY
N August 15, 2000
of Environment, and Natural Resources PAYMENT
Division of Water Quality-Wetlands RECEIVED
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Attention: Mr. John Dorney
Subject: Madison County, Proposed replacement of Bridge No. 32 over Shelton
Laurel Creek on NC 212; State Project No. 8.1860801; Federal Aid
No. BRSTP 212(1); TIP No. B-2150.
As you are aware, the North Carolina Department of Transportation (NCDOT)
provided a courtesy copy to N. C. Division of Water Quality (NCDWQ) during our
application for a Section 404 Nationwide Permit 23 and 33 to the USACE. The project
involves the replacement of Bridge No. 32 over Shelton Laurel Creek on NC 212. A
causeway will be needed to construct the bridge, and the NCDOT asks that this action be
authorized under a SaoW- n 404 NWP 33.
The U. S. Army Corps of Engineers (USACE) has decided to authorize
,construction of the project and temporary causeway under a Section 404 General Permit
3.1. Therefore, the NCDOT must now request that the NCDWQ also authorize
construction of this bridge replacement project with a causeway under this general
permit. Attached to this letter is a copy of the original permit letter, a copy of the Section
4,04 General Permit 31, and a check to process this application.
If you have any questions or need any additional information concerning this
project, please contact Mr. Phillip Todd of my staff at [phone], extension 314.
Sincerely,

b W. D. Gilmore, P. E., Manager
Project Development and Enviro
MAILING ADDRESS: TELEPHONE: [phone]
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone]
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548 WEBSITE: WWW.DOH.DOT.STATE.NC.US
nmental Analysis Branch
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH, NC

Action Id. 20030686
County: Madison
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Project Development and Environmental Analysis Branch, Attn: William D. Gilmore, Manager, 1548 Mail
Service Center, Raleigh, North Carolina 27699-1548
Telephone No.:, (91.9) 7334844
Size and Location of project,(water body, road name/number, town, etc.):
Bridge #32 over Shelton Laurel Creek on NC 212 northeast of Hot Springs, TIP B-2150
Description of Activity:
Replace Bridge No. 32 with a with a new, two-span bridge on a new location just
downstream of the existing structure and construct a temporary rock causeway on the west
bank of the creek. Traffic will be maintained on the existing bridge during construction.
SPECIAL CONDITION: All conditions of the attached North Carolina Wildlife Resources
Commission letter of March 3, 2000 are hereby incorporated as special conditions of this
permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200031 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions. If your activity is subject to Section 404
(if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
For any activity within the twenty coastal counties, before beginning work you must contact the N.C.
Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 26, 2000
Corps Regulatory Official Steven Lund
Expiration Date of Verification December 31, 2002
Telephone No. [phone]
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
CESAW Forth 591
Revised July 1995
North Carolina Wildlife Resources Commission -{
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
March 3. 2000
Mr. Steve Lund, NCDOT Coordinator
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 143 t
Aslicvillc. North Carolina 28801-5006 "
SUBJECT: NCDOT Nationwide 404 Permit Application
TIP No. B-2150
Replace Bridge No. 32 on NC 212 - Shelton Laurel Creek
Madison County, North Carolina
Dear Mr. Lund:
The North Carolina Department of Transportation 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. I have reviewed information provided by the applicant, and I am familiar with habitat values of the
project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33
U.S.C. 466 ct seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-6674).
The applicant proposes to replace an obsolete roadway bridge, on new location, spanning Shelton Laurcl
Creek. Construction will involve the placement of a temporary causeway structure in the active stream channel.
Sbclton Laurel Creek is managed by the NCWRC as Hatchery Supported trout water and may support wild trout in
the project area. No wetlands will be impacted by the project. The NCWRC is concerned about potential project
impacts to trout and other aquatic resources in this drainage; however, we do not object to the issuance of a 404
pernnit provided the following conditions be placed on the subject permit:
Adequate sedimentation and erosion control measures must be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. 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. - .t
Only clean, sediment-free rock should be used as temporary fill in the stream channel. This material
must be removed immediately upon project completion and the stream channel restored to pre-
construction conditions.
3 Under no circumstances should rock, sand, or other materials be dredged from the wetted stream
channel under authorization of this permit, except in the immediate vicinity of bridge abutments.
Imstreann dredging has catastrophic effects on aquatic life, and disturbance of the natural form of ll?c
stream channel will likcly cause downstream erosion problems. possibly affecting other landowners.
TIP No. I1-21511 Pagc 2 March 3, 2000
4. All work in or adjacent to surface waters should be conducted in a dry work area, Sandbags,
cofferdams, or other diversion strictures should be used where possible to minimize excavation in
flowing water.
3 Adequate precautions must be taken to prevent direct contact between wet concrete and stream water.
Uncured concrete affects water quality and is highly toxic to fish and other aquatic organisms.
0 Instream constriction is prohibited during the trout spawning period of November l to April 15 in
order to protect the egg and ft), stages from sedimentation.
7 Grading and backfilling should be minimized, and tree and shrub growth should be retained if
possible to ensure long term availability of shoreline cover for gamefish and wildlife. Backfill
materials should be obtained from upland sites.
8. Riprap placed for bank stabilization should be limited to the stream bank below the high water mark,
and vegetation should be used for stabilization above the high water elevation.
9. Once the old bridge is removed, native trees (willows, alders, sycamores, dogwoods, black walnut and
red maple), and herbaceous shrubs, must be planted along the stream bank on 5 to 10-foot centers to
reestablish the riparian zone and to provide long term erosion control.
10. All mechanized equipment operated near surface waters should be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the NCWRC may inspect the work site during or after constriction. If there are any questions regarding these
comments, please contact me at [phone].
Sincerely,
/ ?P/Z-"Y a,"-,
Mark S. Davis
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Phillip Todd, PD&EA Branch, NCDOT
Mr. Roger D. Bryan, Division 13 Environmental Officer, NCDOT
. ?_i , ....., - ,..° T, •"??{, „" yr,

t

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR SECRETARY
February 15, 2000
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Project Coordinator
Subject: Madison County, Proposed replacement of Bridge No. 32 over Shelton
Laurel Creek on NC 212; State Project No. 8.1860801; Federal Aid
No. BRSTP 212(1); TIP No. B-2150.
Dear Mr. Lund:
The North Carolina Department of Transportation (NCODT) requests
authorization from the U. S. Army Corps of Engineers (USACE) under a Section 404
Nationwide Permit (NWP) 23 to replace Bridge No. 32 over Shelton Laurel Creek on NC
212. A causeway will be needed to construct the bridge, and the NCDOT asks that this
action be authorized under a Section 404 NWP 33. The project has a let date of July
2000.
Bridge No. 32 over Shelton Laurel Creek on NC 212 will be replaced with a two
span bridge located on new location that is adjacent to and downstream of the existing
bridge. Traffic will be maintained on the existing bridge during construction and will be
removed after new bridge construction is completed.
The project has been described in a Categorical Exclusion (CE) Action
Classification Form signed by the Federal Highway Administration (FHWA) on
November 6, 1997. The project is being processed by the FHWA as a CE in accordance
with 23 CFR 771.115(b). Therefore, the NCDOT does not anticipate requesting a
Section 404 Individual Permit but proposes to proceed under a Section 404 NWP 23 in
accordance with 61 Federal Register 65874, 65916, issued December 13, 1996.
There have been no changes in the proposed project, except that the bridge will be
two spans instead of one as described in the CE. There will be no wetlands impacted by
the proposed project. As described in the CE, the NCDOT will construct a bridge instead
of a culvert.
A causeway is needed in order to construct the new bridge. The causeway will
result in a temporary impact to <0.02 acre (720 square feet) of surface waters and 27
cubic yards of material will be placed in the stream temporarily. Permit drawings of the
causeway are attached to this letter.
Shelton Laurel Creek has been designated by the N. C. Wildlife Resources
Commission (NCWRC) as a Hatchery Supported Public Mountain Trout Water. The
NCDOT commits to implementing Design Standards in Sensitive Watersheds in addition
to its standard Best Management Practices for erosion and sedimentation control. The
NCDOT asks that the NC WRC provide a letter of concurrence to USACE.
Written concurrence for 401 Water Quality Certification (WQC) from the N. C.
Division of Water Quality (NCDWQ) is not required for either the Section 404 NWP 23
or 33. The NCDWQ is provided written notification of the proposed action by a copy of
this Section 404 NWP 23 permit application. The NCDOT will adhere to all conditions
of the general certification for Section 404 NWP 23 and 33 thereby not necessitating a
written concurrence from the NCDWQ.
In summary, the NCDOT requests authorization under a Section 404 NWP 23 to
replace Bridge No. 32 over Shelton Laurel Creek on NC 212 and under a Section 404
NWP 33 for the temporary causeway. The NCDOT asks that the NCWRC provide a
concurrence letter to the USACE for this project. The NCDOT will adhere to the general
conditions of the 401 WQC associated with these Section 404 NWPs, thereby not
requiring written notification from the NCDWQ.
If you have any questions or need any additional information concerning this
project, please contact Mr. Phillip Todd of my staff at [phone], extension 314
Sincerely,

W. D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
TIP No. B-2150 February 15, 2000
Application for Section 404 NWP 23, 33 2 of 3
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. Mark Cantrell, USFWS, Asheville
Mr. Mark Davis, NCWRC, Waynesville
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., TIP and Programming
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental
Mr. W. D. Smart, P. E., Division 13 Engineer
TIP No. B-2150 February 15, 2000
Application for Section 404 NWP 23, 33 3 of 3
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION

flnZ
August 15, 2000
It4partment of Environment, and Natural Resources
Division of Water Quality-Wetlands
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Attention: Mr. John Dorney
001092
DAVID MCCOY
SECRETARY
PAYMENT
RECEIVED
Subject: Madison County, Proposed replacement of Bridge No. 32 over Shelton
Laurel Creek on NC 212; State Project No. 8.1860801; Federal Aid
No. BRSTP 212(1); TIP No. B-2150.
As you are aware, the North Carolina Department of Transportation (NCDOT)
provided a courtesy copy to N. C. Division of Water Quality (NCDWQ) during our
application for a Section 404 Nationwide Permit 23 and 33 to the USACE. The project
involves the replacement of Bridge No. 32 over Shelton Laurel Creek on NC 212. A
causeway will be needed to construct the bridge, and the NCDOT asks that this action be
authorized under a Section 404 NWP 33.
The U. S. Army Corps of Engineers (USACE) has decided to authorize
construction of the project and temporary causeway under a Section 404 General Permit
31. Therefore, the NCDOT must now request that the NCDWQ also authorize
construction of this bridge replacement project with a causeway under this general
permit. Attached to this letter is a copy of the original permit letter, a copy of the Section
404 General Permit 31 and a check to process this application.
If you have any questions or need any additional information concerning this
project, please contact Mr. Phillip Todd of my staff at [phone], extension 314.
Sincerely,
/1 1
4?
HUNTJR.
W. D. Gilmore, P. E., Manager
Project Development and Enviro
MAILING ADDRESS: TELEPHONE: [phone]
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone]
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548 WEBSITE: WWW.DOH.DOT. STATE.NC.US
nmental Analysis Branch
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH, NC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 20030686 County: Madison
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: Project Development and Environmental Analysis Branch, Attn: William D. Gilmore, Manager, 1548 Mail
Service Center, Raleigh, North Carolina 27699-1548
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town, etc.):
Bridge #32 over Shelton Laurel Creek on NC 212 northeast of Hot Springs, TIP B-2150
Description of Activity:
Replace Bridge No. 32 with a with a new, two-span bridge on a new location just
downstream of the existing structure and construct a temporary rock causeway on the west
bank of the creek. Traffic will be maintained on the existing bridge during construction.
SPECIAL CONDITION: All conditions of the attached North Carolina Wildlife Resources
Commission letter of March 3, 2000 are hereby incorporated as special conditions of this
permit.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200031 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions. If your activity is subject to Section 404
(if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
For any activity within the twenty coastal counties, before beginning work you must contact the N.C.
Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may
need to contact appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 26, 2000
Corps Regulatory Official Steven Lund Telephone No. [phone]
Expiration Date of Verification December 31, 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
I
North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
March 3. 2000
Mr. Steve Lund, NCDOT Coordinator
U. S. Army Corps of Engineers
Regulaton Branch
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
SUBJECT NCDOT Nationwide 404 Permit Application
TIP No. B-2150
Replace Bridge No. 32 on NC 212 - Shelton Laurel Creek
Madison County, North Carolina
Dear Mr. Lund:
The North Carolina Department of Transportation 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. I have reviewed information provided by the applicant, and I am familiar with habitat values of the
project area. 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).
'File applicant proposes to replace an obsolete roadway bridge, on new location, spanning Sthclion Laurel
Creek. C'onstnrclion will involve the placement of a temporary causeway structure in the active stream channel.
Shchon-Laurel Creek is managed by the NCWRC as Hatchery Supported trout water and may support wild trout in
the project area. No wetlands will be impacted by the project. The NCWRC is concerned about potential project
impacts to tout and other aquatic resources in this drainage; however, we do not object to the issuance of a 404
permit provided the following conditions be placed on the subject permit:
1. Adequate sedimentation and erosion control measures must be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. 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. A
Only clean, sediment-free rock should be used as temporary fill in the stream channel. This material
must be removed immediately upon project completion and the stream channel restored to pre-
construction conditions.
3 Under no circumstances should rock, sand, or other materials be dredged from the welled stream
channel under authorization of this permit, except in the immediate vicinity of bridge abuUmcnts.
Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the
stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
TIP No. B-2150 Page 2 March 3, 2000
4. All work in or adjacent to surface waters should be conducted in a dr'y work area. Sandbags,
cofferdams, or other diversion strictures should be used where possible to minimize excavation in
flowing water.
Adequate precautions must be taken to prevent direct contact between wet concrete and stream water.
Uncured concrete affects water quality and is highly toxic to fish and other aquatic organisms.
6 Instream constriction is prohibited during the trout spawning period of November 1 to April 15 in
order to protect the egg and fry stages from sedimentation.
7 Grading and backfilling should be minimized, and tree and shrub growth should be retained if
possible to ensure long term availability of shoreline cover for gamefish and wildlife. Backfill
materials should be obtained from upland sites.
8. Riprap placed for bank stabilization should be limited to the stream bank below the high water mark,
and vegetation should be used for stabilization above the high water elevation.
9. Once the old bridge is removed, native trees (willows, alders, sycamores, dogwoods, black walnut and
red maple), and herbaceous shrubs, must be planted along the stream bank on 5 to 10-foot centers to
reestablish the riparian zone and to provide long term erosion control.
10. All mechanized equipment operated near surface waters should be regularly inspected and maintained
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the NCWRC may inspect the work site during or after construction. If there are any questions regarding these
comments, please contact me at [phone].
Sincerely,
Mark S. Davis
Mountain Region Coordinator
Habitat Conservation Program

cc: Mr. Phillip Todd, PD&EA Branch, NCDOT
Mr. Roger D. Bryan, Division 13 Environmental Officer, NCDOT

STAIZ
•Q ww+s•
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GovERNOR SECRETARY
February 15, 2000
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Lund
NCDOT Project Coordinator
Subject: Madison County, Proposed replacement of Bridge No. 32 over Shelton
Laurel Creek on NC 212; State Project No. 8.1860801; Federal Aid
No. BRSTP 212(1); TIP No. B-2150.
Dear Mr. Lund:
The North Carolina Department of Transportation (NCODT) requests
authorization from the U. S. Army Corps of Engineers (USACE) under a Section 404
Nationwide Permit (NWP) 23 to replace Bridge No. 32 over Shelton Laurel Creek on NC
212. A causeway will be needed to construct the bridge, and the NCDOT asks that this
action be authorized under a Section 404 NWP 33. The project has a let date of July
2000.
Bridge No. 32 over Shelton Laurel Creek on NC 212 will be replaced with a two
span bridge located on new location that is adjacent to and downstream of the existing
bridge. Traffic will be maintained on the existing bridge during construction and will be
removed after new bridge construction is completed.
The project has been described in a Categorical Exclusion (CE) Action
Classification Form signed by the Federal Highway Administration (FHWA) on
November 6, 1997. The project is being processed by the FHWA as a CE in accordance
with 23 CFR 771.115(b). Therefore, the NCDOT does not anticipate requesting a
Section 404 Individual Permit but proposes to proceed under a Section 404 NWP 23 in
accordance with 61 Federal Register 65874, 65916, issued December 13, 1996.

There have been no changes in the proposed project, except that the bridge will be
two spans instead of one as described in the CE. There will be no wetlands impacted by
the proposed project. As described in the CE, the NCDOT will construct a bridge instead
of a culvert.
A causeway is needed in order to construct the new bridge. The causeway will
result in a temporary impact to <0.02 acre (720 square feet) of surface waters and 27
cubic yards of material will be placed in the stream temporarily. Permit drawings of the
causeway are attached to this letter.
Shelton Laurel Creek has been designated by the N. C. Wildlife Resources
Commission (NCWRC) as a Hatchery Supported Public Mountain Trout Water. The
NCDOT commits to implementing Design Standards in Sensitive Watersheds in addition
to its standard Best Management Practices for erosion and sedimentation control. The
NCDOT asks that the NCWRC provide a letter of concurrence to USACE.
Written concurrence for 401 Water Quality Certification (WQC) from the N. C.
Division of Water Quality (NCDWQ) is not required for either the Section 404 NWP 23
or 33. The NCDWQ is provided written notification of the proposed action by a copy of
this Section 404 NWP 23 permit application. The NCDOT will adhere to all conditions
of the general certification for Section 404 NWP 23 and 33 thereby not necessitating a
written concurrence from the NCDWQ.
In summary, the NCDOT requests authorization under a Section 404 NWP 23 to
replace Bridge No. 32 over Shelton Laurel Creek on NC 212 and under a Section 404
NWP 33 for the temporary causeway. The NCDOT asks that the NCWRC provide a
concurrence letter to the USACE for this project. The NCDOT will adhere to the general
conditions of the 401 WQC associated with these Section 404 NWPs, thereby not
requiring written notification from the NCDWQ.
If you have any questions or need any additional information concerning this
project, please contact Mr. Phillip Todd of my staff at [phone], extension 314.
Sincerely,

W. D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
TIP No. B-2150 February 15, 2000
Application for Section 404 NWP 23, 33 2 of 3
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. Mark Cantrell, USFWS, Asheville
Mr. Mark Davis, NCWRC, Waynesville
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., TIP and Programming
Ms. Debbie Barbour, P. E., Highway Design
Mr. A. L. Hankins, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental
Mr. W. D. Smart, P. E., Division 13 Engineer
TIP No. B-2150 February 15, 2000
Application for Section 404 NWP 23, 33 3 of 3
MADISON COUNTY
NORTH CAROLINA

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N. C. DEPT.OF TRANSPORTATION
DIVISION OF HIGHWAYS
VICINITY Al.-kDISON COUNTY
PROJECT: 8.1850801 (B-2150)
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