20091182 Ver 2_Application_20100921

BEVERLY EAVES PERDUE
1 GOVERNOR
September 16, 2010
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
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EUGENE A. CONTI, JR.
SECRETARY
Ms. Loretta Beckwith
Asheville Regulatory Field Office O 1. l 1 $Z V .
U.S Army Corps of Engineers-Wilmington District
151 Patton Ave, Room 208
Asheville, NC 28805
SUBJECT: Request for Modification to Nationwide Permit 23 and 33 for Bridge #37
Replacement over Hopper Creek on NC 226 in McDowell County, Federal Aid
Project No. BRSTP-226(9); TIP No. B-4190; $240.00 debit WBS 33537. 1.1
Dear Ms. Beckwith:
The North Carolina Department of Transportations request authorization for additional temporary
impacts associated with the construction of the detour road; as well as, additional permanent impacts
for floodplain bench/rock sill construction to reconstruct the stream channel in those areas of the
project disturbed by temporary pipes, impervious dikes, and diversion channels.
The detour road impacts a previously unidentified linear wetland which is located south of Hopper
Creek. A temporary pipe will be installed in 30 feet (.001 acre) of the linear wetland for construction
of the detour road. Upon project completion, the temporary pipe/road will be removed and the linear
wetland restored to pre-project conditions.
The temporary pipe (0.04 acres previously permitted under Action ID SAW-2009-2115) which will be
installed in Hopper Creek for construction of the project will be removed once the project is complete.
Due to the degree of stream disturbance associated with temporary pipe installation, it will be
necessary to reconstruct the stream channel once the temporary pipe is removed. Additionally, the
stream/streambank downstream of the triple barrel culvert will be disturbed due to need for
construction of a temporary dike/diversion channel. This area will also require channel reconstruction.
A total of 85 feet of channel reconstruction will be necessary in these two contiguous areas. It is
proposed that the channel will be reconstructed by the construction of rock-faced floodplain benches
(rock sill).
Per the culvert construction sequence plan sheet, the diversion channel on the upstream end extends
approximately to NCDOT right of way; therefore, the rock sill bench construction will need to extend
-25 feet beyond what is currently detailed on the Sheet 4 of the plan sheet for a total of 50 feet
floodplain bench (rock sill construction at the inlet of the triple barrel culvert. Therefore, the rock sill
detail has been modified to extend to undisturbed contours (see attachments). Please note the USACE
permit Action ID SAW-2009-2115 also authorizes 48 feet of bank stabilization. These impacts are
contained within the 135 feet of floodplain bench/rock sill construction.
Post Office Box 47 Shelby, North Carolina 28151-0047
B-4190, Bridge #37, Hwy 226
Page 2
September 16, 2010
I have enclosed a pre-construction notification for the modification of NW#23 and modified project
plans sheets. If you have any questions or concerns please feel free to contact me at [phone].
Thank you for your time and consideration on this matter.

BY:
Enclosures
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
Trish Simon
Division 12 Environmental Supervisor
Cc: Brian Wrenn, 401/Transportation Permitting Unit, Division of Water Quality
Mike Parker, Division of Water Quality, Asheville Regional Office
Marla Chambers, North Carolina Wildlife Resources Commission
Jason Dilday, NCDOT, PDEA
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1.1 Processing
1a! Type(s) of approval sought from the
404 P
it ? S
ti
10 P
it
®S
ti
Corps: erm
ec
on
erm
ec
on
1b! Specify Nationwide Permit (NWP) number: 23 (Permit Modification) or General Permit (GP) number:

1c! Has the N WP or GP number been verified by the Corps? ? Yes ® No
1d! Type(s) of approval sought from the DWQ (check all that apply):
i
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 el. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
{ because written approval is not required? Certification:
? Yes N No ? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ? Yes ® No
below.
1 h'. Is, the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Bridge #37, NC 226 Modification for Additional Temporary Fill Impacts & Permanent
Rock Sill/Floodplain Bench Construction Impacts
2b. County: McDowell
2c: Nearest municipality 1 town: Dysartsville
2d. Subdivision name: NA
2e. NCDOT only, T.I.P. or state B-4190
project no:
3. Owner Information
3a'. Name(s) on Recorded Deed: NCDOT Right of Way
3b. Deed Book and Page No.
3c! Responsible Party (for LLC i f
applicable):
3di Street address:
3e! City, state, zip:
3f.1 Telephone no.:
3g! Fax no.:
3h ! Email address:

Page l of 12
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Mike Holder
4c. Business name
(if applicable):
N.C. Department of Transportation, Division 12
4d. Street address: 1710 East Marion Street
4e. City, state, zip: Shelby, NC 28151
4f. Telephone no.: 704-480-9020
4g. Fax no.: 704-480-5401
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Trish Simon
Sb. Business name
(if applicable):
N.C. Department of Transportation, Division 12
5c. Street address: 1710 East Marion Street
5d. City, state, zip: Shelby, NC 28151
5e. Telephone no.: 704-480-9044
5f. Fax no.: 704-480-5401
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B., Project Information and Prior Project History
1. i Property Identification
tai Property identification no. (tax PIN or parcel ID): NA
1b! Site coordinates (in decimal degrees): Latitude: 35.59674 Longitude: - 81.85977
1 (DD.DDDDDD) (-DD.DDDDDD)
1 c) Property size: 6.8 acres
2. ( Surface Waters
2a) Name of nearest body of water (stream, river, etc.) to

proposed project: Hopper Creek
2b) Water Quality Classification of nearest receiving water: C
2c.1 River basin: Catawba
3. I Project Description
3a) Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing timber bridge on paved highway. Landuse in vicinity is agricultural with minor residential development.
3bi List the total estimated acreage of all existing wetlands on the property:
1 Linear Wetland in agricultural field (.003 acres within easement)
3c.? List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1 225 feet perennial (Hopper Creek)
3d! Explain the purpose of the proposed project:
To replace a structurally deficient and functionally obsolete bridge (Sufficienty rating of 42.6 out of 100 in 2005).
3e: Describe the overall project in detail, including the type of equipment to be used:
Replacement of a 76-foot long, 3 span bridge with a 3-barrel (12'x11') box culvert. Inlet and Outlet floodplain
benches/rock sills will be constructed at the outer cells of the 3-barrel culvert to restore upstream and downstream
"normal" channel dimensions after the removal of the temporary impervious dikes and diversion channels used to
manage streamflow during culvert construction.
A temporary on-site detour will be constructed which will necessitate the placement of a temporary pipe in the main
channel as well as the placement of a temporary pipe in 30 feet (0.001 acre) of a linear wetland located south of the main
channel. Upon project completion, the temporary pipes will be removed and the disturbed areas restored. Due to the
extent of disturbance caused by the main channel temporary pipe, it may be necessary to construct floodplain benches
along the channel to restore the "normal" width.
4. Jurisdictional Determinations
4a! Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ? Unknown
(Comments: DWQ determination of jurisdictional linear
wetland on 9(1/10.
4b.I If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. 1 If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
`Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 12
PCN Form -Version 1.3 December 10, 2008 Version
S. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE Action ID. 2009-2115, (NW 23 & 33), Issued 1/7/2010. Permit authorized 62 linear feet of stream channel loss
due to triple 12-ft by 11-ft concrete culvert installation, & 48 feet of riprap bank stabilization and .04 acres of temporary fill
for on-site detour and dewatering of Hopper Creek during culvert installation.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form -Version 1.3 December 10, 2008 Version
Proposed Impacts Inventory
1. Impacts Summary
12. Which sections were completed below for your project (check all that apply):
Z Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
Page 5 of 12
PCN Form -Version 1.3 December 10, 2008 Version
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
W1 ? P ®T Temporary Fill Linear Wetland (agricultural ? Yes ®Corps 001 30 feet
( )
due to detour road drainage ditch) ® No ® DWQ .
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts .001
2h. Comments: Linear Wetland disturbed by temporary fill will be restored to pre-project conditions upon detour removal.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Avera
number- (PER) or (Corps-404,10 strea T

Permanent (P) or
intermittent
DWQ - non-404,
widt (linear
Temporary (T) (INT)? other) (fee
Rock sill/bench
construction in
area of temp.
S1 ®P ? T pipe/detour & Hopper Creek ® PER ® Corps
13
85
downstream ? INT ® DWQ
impervious
dike/diversion
channel
Rock sill/bench
construction in
S2 ® P ? T area of upstream Hopper Creek ® PER ® Corps 1 g 50
impervious ? INT ® DWQ
dike/diversion
channel
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ?DWQ
3h. Total stream and tributary impacts 135
3i. Comments: The rock sill/floodplain bench construction impacts are in addition to impacts previously authorized. PLEASE
NOTE: The previously authorized 48 ft of bank stabilization is contained with the 135 ft of proposed rock sill bench imoacts_
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4., Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4e,. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
61 ?P?T
62 ?P?T
63 ?P?T
64 ?P?T
4f.I Total open water impacts
4g; Comments:
1
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a'. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID
u Proposed use or purpose (acres)
n
mber of
ond
p Flooded Filled Excavated Flooded Filled Excavated Flooded
jP1
IP2
Sf. Total
5g! Comments:
5h Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i.1 Expected pond surface area (acres):
5j. Size of pond watershed (acres):
50 Method of construction:
i
6. 13uffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
Gal
? Neuse ? Tar-Pamlico ? Other:
Prc'ject is in which protected basin? ? Catawba ? Randleman
6b.1 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Tem ora T impact required?
B1 1 ?P?T s
?No
B2 ?P?T ?Yes
I ? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
PCN Form -Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Channel to be restored to "normal" dimensions by the construction of floodplain benches after the removal of the temporary
pipe used for the detour. Upstream and downstream channel dimension will also be restored at the outer cells of the three-
barrel culvert by the construction of floodplain benches after the removal of impervious dikes and diversion channel used for
stream management.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigat ion option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
E. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
?
6
. Will the project result in an impact within a protected riparian buffer that requires
? Yes ®No
i
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
a i mount of mitigation required.
6c. 6d. 6e.
Z one Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zo ne 1 3 (2 for Catawba)
Zo ne 2 1.5
6f. Total buffer mitigation required:

6g I
. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6f I. Comments:
Page 9 of 12
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? NA %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
Complies with NCDOT's individual NPDES permit NCS000250.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? NA
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 10 of 12
PCN Form -Version 1.3 December 10, 2008 Version
Fi Supplementary Information
1i Environmental Documentation (DWQ Requirement)
la . Does the project involve an expenditure of public (federal/state/local) funds or the ®yes ? No
use of public (federal/state) land?
I
1 b i
. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
I

1c I
. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
I ® Yes ? No
Comments: Attached in original submittal
2. 1 Violations (DWQ Requirement)
2a . Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
of Riparian Buffer Rules (15A NCAC 2B .0200)?
2 b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.1 Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ® No
additional development, which could impact nearby downstream water quality?
i
30 . If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Minimal transportation impact resulting from bridge replacement. This project will not influence land use or stimulate
growth; therefore, a detailed indirect or cumulative effects study will not be necessary.
4. Sewage Disposal (DWQ Requirement)
4a. 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 sewage generated.
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ?
Yes ® No
impacts?

5c. If yes, ind icate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program database.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ® Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ®No
8b. If yes, explain how project meets FEMA requirements: NCDOT Hydraulics coordination with FEMA
8c. What source(s) did you use to make the floodplain determination? FEMA maps
-A -?c
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form -Version 1.3 December 10, 2008 Version
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2009-2115 County: McDowell USGS Quad: Dvsartsville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent:
PDEA,NCDOT
Address: 1598 Mail Service Center
Raleieh, NC 27699-1598
Telephone No.: 919-431-2000
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Size and location of property (water body, road name/number, town, etc.): Bridge No. 37 over Hooper
Creek on NC 226 near Dvsartsville. McDowell County. NC (TIP No. B-4190).
Description of projects area and activity: To replace Bridge No. 37 over Hopper Creek on NC 226
with a triple 12-foot by 11-foot concrete box culvert. The proiect will result in 62 LF of stream
channel loss from the culvert installation, 48 LF of riprap bank stabilization, and 0.04 acre of
temnorarv fill for an on-site detour and dewaterine of Hooner Creek during the culvert
installation.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 23 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
Special Conditions
1. All work must be performed in strict compliance with the plans received by this office on November 9,
2009, which are a part of this permit. Any modification to the permit plans must be approved by the
USACE prior to implementation
1. Failure to institute and carry out the details of these special conditions will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
2. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit, and any authorized modifications, including all
conditions, shall be available at the project site during construction and maintenance of this project.
3. This permit does not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area.
4. All conditions of the attached North Carolina Wildlife Resources Commission letter of December 11, 2009
are hereby incorporated as special conditions of this permit.
5. The pemtittee will report any violation of these conditions or violations of Section 404 of the Clean Water
Act in writing to the Wilmington District, U. S Army Corps of Engineers, within 24 hours of the
permittee's discovery of the violation.
6. The unavoidable impacts to 62 linear feet of stream associated with this project shall be mitigated by
NCDOT by providing 62 linear feet of restoration equivalent cool water stream channel in the Broad River
basin (Hydrologic Cataloging Unit 03050105). NCDOT shall provide a plan to the USACE for addressing
this mitigation requirement by February 8, 2010. It is recommended that NCDOT provide this mitigation
in accordance with the procedures suggested in our letter dated September 1, 2004 from Mr. Ken Jolly to
Dr. Gregory J. Thorpe.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pennittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David Baker at 828-271-7980.
Corps Regulatory Official David Baker Date: January 7, 2010
Expiration Date of Verification: January 7, 2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
htto://regulatory.usacesurvey.com/ to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued-. Action ID
Basis of Jurisdictional Determination: Hopper Creek is a tributary to the Catawba River which is a Section 10
navigable-in-fact waterway (TNW).
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: David Baker, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory Official:
Issue Date: January 7. 2010 Expiration Date: January 7, 2015
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Roger Bryan, NCDOT, Division 14 Environmental Officer
Permit Number: SAW-2009-2115
Permit Type: NW 23 and 33
Name of County: McDowell
Name of Permittee: Gregory J. Thorpe, Ph.D., EnvironmentalManagement Director,
PDEA,NCDOT
Date of Issuance: January 7, 2010
Project Manager: David Baker
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

Applicant: Thorpe, Ph.D., File Number: SAW-2009-2115 Date: January 7, 2010
EnvironmentalManagement Director, PDEA,
NCDOT
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
rmission)
)PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X 'APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section If of this form and rettn'n the form to the district engineer. Your
i
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
i
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
I3: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form most be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal die denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved 1D.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
t _

r = O 3' _
FRO NOW-.- ?-Pmz
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.

If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
David Baker, Project Manager Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Baker, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801
Habitat Conservation Program, NCWRC
DATE: December 11, 2009
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No. 37 on NC 226 over Hopper Creek, McDowell County, North Carolina.
TIP No. B4190.
North Carolina Department of Transportation (NCDOT) has submitted an application to obtain a
Section 404 Permit from the U.S. Army Corps of Engineers (USACE) and a 401 Water Quality
Certification from the Division of Water Quality (NCDWQ). Staff biologists with the North
Carolina Wildlife Resources Commission (NCWRC) have reviewed the information provided.
These comments are provided in accordance with the provisions of the National Environmental
Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The NCDOT proposes to replace Bridge No. 37 on NC 226 over Hopper Creek with a three
barrel (12' x I F) box culvert. There will be 62 feet of permanent stream impacts from culvert
installation, 48 feet of bank stabilization, and 80 feet (0.04 acres) of temporary impacts due to
dewatering and an on-site detour. No justification of replacing the bridge with a culvert was
provided. We recommend providing justification for all bridge to culvert projects.
Hopper Creek is Class C waters and is within the Muddy Creek drainage. Sediment and erosion
control is a major concern, as a watershed restoration project is under way in this drainage to
reduce negative impacts to downstream resources, particularly in the Catawba River. Catawba
River resources of concern include brown and rainbow trout tailwater fisheries and state listed
mussels, the notched rainbow (Villosa constricta), state SC, and the creeper (Strophitus
undulatus), state T, which are present near the mouth of Muddy Creek. We request the use of
NCDOT's sediment and erosion control measures that include coir fiber logs, straw wattles, and
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
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