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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 8, 2007
Mr. David Baker, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
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Subject: C P 3 ~
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Bridge Number 303 over Clear Creek (C; Tr), SR 1590
In Henderson County UJ ~~- 1 L.~ ~ ~1~ !•' S
Dear Mr. Baker,
The North Carolina Department of Transportation (NCDOT) is proposing to replace Bridge
Number 303 on SR 1590, over Clear Creek (C; Tr), in Henderson County. The existing bridge is
a single span steel beam and timber abutment structure with an overall length of 12'. It was
determined that in the interest of public safety, that bridges be replaced due to insufficient width
and deterioration due to age. The proposed replacement will be a timber beam and abutment
structure widened to 24' and lengthened to 20'. The bridge is being lengthened due to past
flooding problems and the extra length will move the structure away from the water to dry land.
The mudsills will be removed and replaced with concrete footers. Construction will be phased to
allow traffic to flow on half of the existing bridge while the other half is built, then traffic will be
moved onto the new half to complete construction. Sandbag cofferdams will be used to ensure a
clean, dry area, and to minimize impacts to aquatic habitats and allow the existing stream
gradients to remain as unchanged as physically possible.
Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Tehephone(828)497-7953 Fag(828)497-6095
The best management practices will be used to minimize and control sedimentation and erosion on
this project. The construction foreman will review all erosion control measures daily to ensure
sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices.
Impacts to 'Waters of the United States
In order to construct the project in accordance with our Current Bridge Maintenance standards, it
will be necessary to temporarily impact waters of the United States in the French Broad River
Basin. Specifically, NCDOT is requesting to replace Henderson County Bridge No.303. Listed
below is a summary of the proposed impacts.
Site No. Eacisting Proposed Net Impacts
Station Condition Condition
Site 1: 12' Single Span 20' Single Span 10'Temp.
Bridge Bridge Bridge
183 20' wide 26' wide
Total =10' Temp.
Permits Requested
NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mr. David
McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission
(NCWRC) to comment directly to you concerning the 404 Nationwide Permit request.
In addition, I am asking Mr. McHenry and Mr. Ed Ingle, (NCDOT) to comment directly to me
concerning this permit request.
If you have any questions or need additional information, please contact me at (828) 497-7953.
Your early review and consideration will be greatly. appreciated.
Sincerely,
G~ ~~
Chris Lee, EI
Division 14 Bridge Maintenance Engineer
cc: ~1r. John Hennessy, DWQ, DENR Raleigh
Mr. Mike Parker, DWQ, Asheville Regional Vmce
Mr. David McHenry, Mountain Region Coordinator, NCWRC, Waynesville
Mr. Joel Setzer, P.E., Division Engineer, NCDOT, Sylva
Mr. Mark Davis, Division Environmental Officer, NGDOT
Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT
Whittier Bridge Maintenance, 178 Henry Bird Rd., Whittier, NC 28789Telephone(828)497-7953 Faz(828)497-6095
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: GP31
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: NC Department of Transportation c/o C.D.Lee
Mailing Address: 178 Henry Bird Rd.
Whittier NC 28789
Telephone Number: 828-497-7953 Fax Number: 828-497-6095
E-mail Address: cdlee ~.dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A
E-mail Address: N/A
Fax Number: N/A
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Brie Number 303 over Clear Creek on SR 1590 in Henderson Countv.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIl~: N/A
4. Location
County: Henderson Nearest Town: Edneyville .
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):.. From Edneyville; Take
64 East 3/a mile and turn right onto Mills Gap Road. Then ~?0 1/8 mile and turn ri hg,, t on
Bearwallow Road. Travel approximatelX 2.7 miles to site. ,
Site coordinates (Far linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4178° N 82.3585 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Clear Creek~C:Tr,)
8. River Basin: French Broad
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~//h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Bridge #303 in Henderson Countv is a small sin 1gL a span
timber bridge that we are proposing to rebuild using existing and some new materials. The
mudsills will be replaced with concrete footers. The general land use in the area is residential
and farmland.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The bride will be stage constructed to maintain traffic with each half being removed and
replaced with concrete footers and timber abutments. Backhoe,~boomtruck, powertools_
handtools etc. will be used
11. Explain the purpose of the proposed work:
To upgrade a substandard bridge and increase width. The bridge will be increased in length
to provide better flows through the bridge structure.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identif able on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 8
1. Provide a written description of the proposed impacts: The impacts will be temporary
from the placement of coffer dams so that concrete footers can be installed in a drX
environment.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100 year
Floodplam
es/no Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)
N/A N/A
Total Weiland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length ~ width, then divide by 43,560.
Stream Impact
Perennial or Average Stream Impact Area of
Number Stream Name Type of Impact
Intermittent? Width Before Length Impact
(indicate on ma Im act (linear feet (acres
Bridge 303 lA Clear Creek Temporary
Coffer Dam Perennial ~
5 (coffer Dam) 24
(coffer dam) 0.00275
Bridge 303 1B Clear Creek CofferoDam Perennial 5' (coffer Dam) (coffer dam) 0.00275
Total Stream Impact (by length and acreage) Temporary N/A 0.0055
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma
Name of Waterbody
(~ applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Total Open Water Impact (acres) N/A
Page 4 of 8
6. List the cumulative impact to all Waters of the U. S. resulting from the project:
Stream Im act acres :Tem ora .0055
Wetland Impact (acres): N/A
O en Water Im act acres : N/A
Total Im act to Waters ofthe U.S. acres Tem orary .0055
Total Stream Im act linear feet :Tem orary 24
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A ,
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Silt fence will be used around the proiect to reduce run-off into the stream. Anv potential
impacts from offsite sedimentation from the project site will be avoided by the implementation
of appropriate BNIP's. See manual and attached Erosion Control Diagram)
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 lineaz feet of total impacts to perennial
streams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide. html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation proposed. A11 impacts are temporary
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/Ih2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ® No ^
Page 6 of 8
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds far environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify N/A )? Yes ^ No
2. If "yes", identify the squaze feet and acreage of impact to each zone of the ripazian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
*
Zone Impact
uare feet
Mulhpher Required
Miti tian
I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The drainage area for the small creek is
approximately 90-95% open grass covered fields surrounded by forest. Silt fences, check dams,
Page 7 of 8
and other applicable erosion control devices will be used around the project to reduce any off-
site or in stream sedimentation.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from the project.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Isthis anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Road infrastructure is remaining as is. The bridge is just being upgraded to current standards.
The project should not result in significant changes in development trends.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~~..~ ~/2$/0?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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