20000803 Ver 1_Complete File_20000616

o?OF W AL4 99 Michael F. Easley, Governor
William G. Ross Jr., Secretary -
North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
> Acting Director
p Division of Water Quality
August 31, 2001
Ashe & Alleghany County
DWQ Project No. 000803
TIP Project B-2906
Temporary Causeway for Bridge No. 469 on SR 1150
APPROVAL of 401 Water Quality Certification with Additional Conditions [Modification]
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
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 constructing a temporary causeway for Bridge No. 469 on SR 1150, as
described in your application dated 10 May 2000. 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 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, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and to 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.0506 (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. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
small mouth bass spawning season of May 1 through July 15, or as otherwise determined by the
North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
2. Nonpoint source and stormwater pollution control requirements for Outstanding Resource Waters
as specified in 15A NCAC 2B .0225 and 15A NCAC 2H. 1007.
3. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024)
must be implemented prior to any ground-disturbing activities to minimize impacts to
downstream aquatic resources. Temporary or permanent herbaceous vegetation shall be planted
on all bare soil within 5 days of ground-disturbing activities to provide long term erosion control.
4. All work shall be performed during low flow conditions.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
5. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
6. The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
7. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
8. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. If necessary, rip-rap must be limited to the stream bank below the high water
mark, and vegetation must be used for stabilization above high water.
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project.
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 that 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.
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 Ms. Cynthia Van Der Wiele at 919-733-9646
or Ms. Jennifer Frye of the Winston-Salem Regional Office at 336.771-4600.
Sincerely,
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
NCDWQ Winston-Salem Regional Office
Heath Slaughter, Division 11 Environmental Officer
Central Files
File Copy
J. Thorpe, Ph.D.
7
V0
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 276 1 1-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
July 9, 2001
Mr. John Dorsey
NC Department of Environment and Natural Resources
Division of Water Quality, 401-Wetlands Unit
2320 Crabtree Blvd., Suite 250
Raleigh, NC 27603
Subject: Trout Moratorium on TIP# B-2906
Bridge over South Fork New River and Approaches on SR 1308
Alleghany-Ashe County Line
DWQ Project Number: 00-0803
Dear Mr. Dorsey,
On July 6, 2001, we held a preconstruction and permit review meeting for the above noted
project. At that time, the contractor expressed concerns regarding the trout water construction
moratorium period recommended by the Division of Water Quality for the trout-spawning
season. Ordinarily this would not pose a significant problem however; the NC Wildlife
Resources Commission has recommended a different moratorium period for the small mouth
bass spawning season (see attachment).
The contract availability date was July 2, 2001 and the contractor plans to begin work on July 16,
2001. The contract completion date is September 1, 2002. If both moratoriums are enforced, the
contractor would only be able to conduct in-stream work from July 16 -October 14, 2001, from
April 1, 2002 - April 30, 2002 and from July 16, 2002 - October 14, 2002. The contractor has
427 calendar days to perform the work. If both moratoriums were enforced, the contractor would
only have approximately 150 business days to perform all in-stream work. Due to the causeway
that is required to conduct substructure work on the bridge, Phase-I of the in-stream work cannot
be completed by October 14, 2001. If the contractor is required to stop at that time, the final
completion date would be extended and the exposure time would be much greater for the
disturbed areas. Since the NC Wildlife Resources Commission has not recommended a trout
moratorium period, we respectfully request that condition #2 of the 401 Water Quality
Certification be removed and replaced with condition #1 of the attached comments from the NC
Wildlife Resources Commission.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAX [phone]
Mr. John Dorney
TIP# B-2906
Page 2
July 9, 2001
Any assistance in obtaining relief from the trout spawning season construction moratorium is
greatly appreciated. If I can provide any additional information, please let me know.
Sincerely,
Heath Slaughter
Division Environmental Officer
Enclosures
cc: Eric Alsmeyer, US Army Corps of Engineers
R. C. McCann, PE, Division Engineer
Trent Beaver, PE, Division Construction Engineer
Mark Freeman, PE, Resident Engineer
Heath Slaughter, Division Environmental Officer
State of North Carolina
Department of Environment
and Natural Resources AM Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary Kerr T. Stevens, Director
June 21, 2000
Alleghany and Ashe Counties
DWQ Project No. 00-0803
TIP Project B-2906
Temporary Causeway for Bridge No. 469 on SR 1150
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
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 constructing a temporary causeway for Bridge 469 on SR
1150, as you described in your application dated 10 May 2000 (received 18 May 2000). 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 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, Non-Discharge and Water Supply Watershed regulations. This approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and to 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 211.0506 (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.
Sediment and erosion control measures shall adhere to design standards for sensitive
watersheds (15A NCAC 4B .0024) since South Fork New River is designated as an
"Outstanding Resource Water".
In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning season of October 15 through March 31 to protect the egg and
fry stages of trout from off-site sedimentation during construction.
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
. An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
dF.
• Mowing of existing vegetated buffers is strongly discouraged, so that they may be
utilized for stormwater sheet flow.
• Existing stream dimensions are to be maintained above and below locations of culvert
extensions. Use of rip-rap for bank stabilization is to be minimized; rather, native
vegetation is to be planted when practical.
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 919.733.9646.
Sincerely,
e . Stevens
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Central Files

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY
GOVERNOR ACTING SECRETARY
May 10, 2000
U.S. Army Corps of Engineers
Regulatory Field Office
P.O. Box 1890 18 2000
Wilmington, North Carolina 28402-1890 L WETLANDS
ATTENTION: Mr. Eric Alsmeyer WATER UALITY
NCDOT Coordinator
SUBJECT: Temporary Causeway for Bridge No. 469 on SR 1150 over South
Fork New River; Alleghany & Ashe County; Federal Aid No.
BRZ-1308(2); State Project No. 8.2700301; TIP No. B-2906.
Dear Sir:
Since the Nationwide 23 application letter was sent, changes in the project
construction plans have been made. The proposed project is scheduled to let to
construction in June 2000. Attached for your information is a copy of the design plans
for the construction of a temporary work pad for this project. Temporary impacts to the
surface waters from the temporary causeway total 911 square meters (.23 acres).
It is anticipated that the above-mentioned activities will be authorized under a
Section 404 Nationwide Permit 33 (Temporary Construction, Access, and Dewatering
Activities). The DOT is therefore requesting the issuance of a nationwide permit
authorizing the construction of the causeway.
By copy of this letter and application, the DOT also asks that the appropriate
General 401 Water Quality Certification be issued by the Division of Water Quality for
this construction work. Enclosed are construction drawings and a completed
preconstruction notification form for a Nationwide Permit 33 and General 401 Water
Certification. Comments will be provided by the North Carolina Wildlife Resource
Commission (WRC) concerning this change in the project design, if necessary, following
receipt of this letter and application. WRC will forward their comments directly to the
COE.
Comments regarding federally endangered or threatened species within the project
vicinity will be provided to the COE by the US Fish and Wildlife Service following the
receipt of this letter and application.
If you have any questions or need any additional information, please contact Mr.
Jeffrey Burleson at [phone], Extension 315.
Sincerely,
// 6 A'_1
William D. Gilmore, PE, Manager
Planning and Environmental Branch
2 Attachments
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDENR, DWQ
Mr. Calvin Leggett, P.E., Program Development Branch
Mrs. Debbie Barbour, P.E., State Highway Engineer - Design
Mr. A.L. Hankins, P.E., Hydraulics Unit
Mr. William J. Rogers, P.E., Structure Design Unit
Mr. R.C. McCann, P.E., Division 11 Engineer
Mr. Ron Linville, NCWRC, Eastern Mountain Coordinator
Mr. Bob Brown, P.E., Design Services
f
000803
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 33
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: N. C. Department of Transportation
2. MAILING ADDRESS: 1548 MAIL SERVICE CENTER
SUBDIVISION NAME:
CITY: Raleigh STATE: NC ZIP CODE: 27699
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK): 733-3141
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS
TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Ashe & Alleghany NEAREST TOWN OR CITY: Chestnut
Hill
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
SR 1150; Bridqe NO. 469 over the South Fork New River
6. IMPACTED OR NEAREST STREAM/RIVER: South Fork New River
RIVER BASIN: New River Basin
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 YES, EXPLAIN: The section of the South Fork New River
I
located within the project site is classified as Outstanding Resource
Waters (ORW).
1
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?
N/A
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): We requested a NW 23 on May 24, 1999; have not received
anv information with Action ID or 401 water quality certification
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
l.i acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
SITE:
0.0
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A
DRAINAGE: N/A
OTHER: N/A
TOTAL ACRES TO BE IMPACTED
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: N/A
FT
AFTER: N/A
0.0
FT
WIDTH BEFORE (based on normal high water contours): N/A FT
WIDTH AFTER: N/A FT
AVERAGE DEPTH BEFORE: 3 FT AFTER: 3 FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
1
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: A temporary causeway will temporarily impact surface waters
in the South Fork New River 911 square meters; 496 cubic meters.
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? N/A
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 a temporary causeway to construct the new bridge
13. PURPOSE OF PROPOSED WORK: To construct a temporary causeway to
aid in new bridge construction
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): n/a
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: (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: January 17, 1997
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?
T
YES [X] NO [ ]
3
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].
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? Row crop agriculture
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.
4
c. shy/oa
OWNER'S/AGENT'S S GNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

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/ END PROJECT---
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/ F. A 8RZ-1308 (2)

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DIVISION OF HIGHWAYS
:BSI-IE-ALLEGHANY COUNTY
PROJECT: 8.2700301, B-2906
BRIDGE No 469
OVER SOUTH FORK
NEW RIVER ON SR 1308
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NAME AND ADDRESa
PARCEL NC-
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OWNER'S NAME ADDRE.?S
REID. JAY G. D. & JOANNE 1308 ST. SVC RD.
PINEY CREEK, N. C. 28663
STURGILL, RENA. ET AL 10975 NC HIGHWAY 115
PINEY CREEK,.;(' 28663
SWOPE, JOSEPH & LUCILLE PSC 1 BOX 2205
APO AA 54OC.
WALLACE, HELEN S. 3060 GARVEY BRIDGE RD.
CRUMPLER, NC 28617
N. C. '.DEPT. ,OF TRANSPORTATION
DIVISION OF HIGHWAYS
ASHE-ALLEGHANY COUNTY
PROJECT: 8.2700301, B-2906
BRIDGE No ,169
OVER SOUTH FORD
NEW RIVER ON SR 1308
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 276 1 1-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
C?
July 9, 2001 S?
Mr. John Dorney
NC Department of Environment and Natural Resources
Division of Water Quality, 401-Wetlands Unit P
2320 Crabtree Blvd., Suite 250
Raleigh, NC 27603
Subject: Trout Moratorium on TIP# B-2906
Bridge over South Fork New River and Approaches on SR 1308
Alleghany-Ashe County Line
DWQ Project Number: .00.0803
Dear Mr. Dorney,
On July 6, 2001, we held a preconstruction and permit review meeting for the above noted
project. At that time, the contractor expressed concerns regarding the trout water construction
moratorium period recommended by the Division of Water Quality for the trout-spawning season.
Ordinarily this would not pose a significant problem however; the NC Wildlife Resources
Commission has recommended a different moratorium period for the small mouth bass spawning
season (see attachment).
The contract availability date was July 2, 2001 and the contractor plans to begin work on July 16,
2001. The contract completion date is September 1, 2002. If both moratoriums are enforced, the
contractor would only be able to conduct in-stream work from July 16 -October 14, 2001, from
April 1, 2002 - April 30, 2002 and from July 16, 2002 - October 14, 2002. The contractor has
427 calendar days to perform the work. If both moratoriums were enforced, the contractor
would only have approximately 150 business days to perform all in-stream work. Due to the
causeway that is required to conduct substructure work on the bridge, Phase-1 of the in-stream
work cannot be completed by October 14, 2001. If the contractor is required to stop at that time,
the final completion date would be extended and the exposure time would be much greater for the
disturbed areas. Since the NC Wildlife Resources Commission has not recommended a trout
moratorium period, we respectfully request that condition #2 of the 401 Water Quality
Certification be removed and replaced with condition #1 of the attached comments from the NC
Wildlife Resources Commission.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAX [phone]
Mr. John Dorney
TIP# B-2906
Page 2
July 9, 2001
Any assistance in obtaining relief from the trout spawning season construction moratorium is
greatly appreciated. If I can provide any additional information, please let me know.
Sincerely,
--e-l
Heath Slaughter
Division Environmental Officer
Enclosures
cc: Eric Alsmeyer, US Army Corps of Engineers
R. C. McCann, PE, Division Engineer
Trent Beaver, PE, Division Construction Engineer
Mark Freeman, PE, Resident Engineer
Heath Slaughter, Division Environmental Officer
140
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 199920920 & 200021113 T.I.P.: B-2906 County Alle gl,any and Ashe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: NCDOT
Address: Division of Highways
ATTN: William D. Gilmore, P.E.,
Manager
Project Development and
Environmental Analysis Branch
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Telephone No.: 733-7844, ext. 315 (Jeffrey Burleson)
Location of project (waterway, road name/number, town, etc.): SR 1150, crossing the South Fork New River,
northeast of Chestnut Hill, North Carolina.
Description of Activity: Discharge of fill material impacting a total of approximately 0.3 acre of waters of the U.`
for construction of a temporary work pad (0.23 acre) and a replacement bridge (less than 0.1 acre) (TIP No. B-2906,;
This work is subject to the review ofthe North Carolina Wildlife Resources Commission and must be in
compliance with the attached recommendations of the North Carolina Wildlife Resources Commission. Note:
This verification does not include impacts to waters of the United States from any on-site detours, spoil disposal,
construction access, or bridge demolition, that are not specified in the permit applications and drawings. These
impacts would have to be permitted separately if they become necessary.
® Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
? Section 404 and Section 10.
23 & 33 Nationwide Permit Number.
Any violation of the conditions of the Nationwide Permit referenced above may subject the permittee to a stop
work order, a restoration order, and/or appropriate legal action.
This Department of the Army Nationwide Permit verification does not relieve the undersigned 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 you have any questions regarding the Corps of
Engineers regulatory program, please contact Eric A mew at telephone number [phone], extension 23.
Regulatory Project Manager Signature Tel. No. 919-876-8441, ext.23
Date June 8, 2000 Expiration Date February 11, 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE
FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE,.
HECEIVED
-200V D013
MAY 2 3 2000
Regulatory Branch
0 North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Eric Alsmeyer, USACOE
Raleigh Field Office
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: May 17, 2000
SUBJECT: North Carolina Department of Transportation (NCDOT), Bridge No. 469, SRI 150
over South Fork New River, TIP B-2906, Alleghany and Ashe Counties
These comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina
Enviroiunental Policy Act (G:S. I I3A=1 through I I3A-10; NCAC 25). The NCDOT proposes to
change the project design and activities by placing a temporary causeway into the river during
bridge construction.
We will not object to this change provided the following conditions are implemented:
6. Clean stone should be utilized for the causeway and activities in the channel should
not occur during the fish spawning season of May 1 through July 15 to prevent off-
site sedimentation from impacting fish eggs and fry.
2.? The causeway should be designed and constructed in a manner that allows flows to
move without causing streambank erosion in the vicinity. The dimension, pattern,
and profile of the stream above and below the bridge should not be modified by
widening the stream channel or reducing the depth of the stream when the project
completed. Temporary causeway fill should be completely removed.
(3 If concrete will be used, work must be accomplished so that wet concrete does not
? contact stream water. This will lessen the chance of altering the stream's water
chemistry and causing a fish kill.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 2 7699-1 72 1
Telephone: [phone] ext. 281 • Fax: [phone]
Causeway, TIP B-2906 142 05/19/00
® Heavy equipment should be operated from the bank rather than in the stream channel
in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream.
Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion.
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.
We encourage NCDOT to utilize onsite vegetation and materials for streambank
stabilization when practicable.
*7. The NCDOT should contact the Natural Heritage Program to determine if any federal
or state listed species may be impacted by this temporary causeway.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me at
336/769-9453.
JI ,rc;,r Dr.miv-n ray-Vi`7-r - 1 a14
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Gill Holman, Secretary
Kerr T. Stevens, Director
JU1 t_i UI J•!-!(-) i .llc
NCDENR
June 21, 20)0
Alleghany and Ashe Counties
DWQ Project No. 00-0803
TIP Project B-2906
Temporary Causeway for Bridge No. 469 on SR 1150
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
You have otu approval, iu accordance with the attached conditions and those listed below, to
place fill material for the purpose of constructing a temporary causeway for Bridge 469 on SR
1150, as you described in your application dated 10 May 2000 (received 18 May 2000). 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 the Corps of Engineers issues it. In addition, you should get any other federal, state or
local pernuts before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and to 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.0506 (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.
CO) Scdi,nent and erosion control easures shall adhere to design standards for sensitive
watersheds (15A NCAC 4B .0424) since South Fork New River is designated as an
"Outstanding Resource Water".
l% ln-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning season of QSto_bg_r.15 through March 31 to protect the egg and
fry stages of trout from off-site sedimentation dwing construction.
lop
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
II •'F,L LFW-11-H Fax:'--a19 -`I(94 JU1 ED '01 'D AF.
F', 0=
4 Mowing of existing vegetated buffers is strongly discouraged, so that they may be
utilized for stortnwater sheet flow. -/4t
e Existing stream dimensions are to be maintained above and below, locations of eulver't
dxterrs1oMS. se-o rap Wban},?st?bt tzatton >s to be cnininuzed; rather, native
vegetation is to be planted when practical.
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. 2 76 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 919.7 ,3.9646.
Sincerely,
e . Stevens
Attachment
Py: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Central Files
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