20090838 Ver 1_Other Agency Comments_20090828

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U.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Action 1D. SAW-2009-1502 County: Buncombe USGS Quad: Dunsmore Mountain
Property Owner / Authorized Agent: Gregory J. Thorpe, Ph.D., NCDOT
Address: 1598 Mail Service Center
Raleigh, NC 27699-1598
Telephone No.: 919-431-6680
Size and location of property (water body, road name/number, town, etc.): Bridge No. 134 over Stony
Fork Creek on NC Highway 151 near Asheville, Buncombe County, NC. (T1P B4034).
Description of projects area and activity: To replace Bridge No. 134 over Stony Fork Creek with a 85-
foot box-beam spanning structure. 375 LF of a UT to Stony Fork Creek will be relocated due to the
fill slopes for the new roadway approaches. Additional work will include the installation of ripray
for bank stabilization The proiect will result in a total of 439 LF of permanent stream impacts.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) -
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General. Permit Number: General Permit No. 198200031
Nationwide Permit Number.
v 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 of deviation from your, submitted plans may subject the permittee to a stop work order, a restoration order and/or appiopriate legal-action
,. .. SUecral Conditi6 .
i .'I°., All work must be performed in strict'eompliance ;with the plans received by this office on August 6, 2009 : ;:, •r
.. -.which are a part of this permit. Any modification to the permit plans must be approve&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 September 11,
2009 are hereby incorporated as special conditions of this permit.
5. The permittee 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 439 linear feet of stream associated with this project shall be mitigated by
NCDOT by providing 439 linear feet of restoration equivalent cold water stream channel in the French
Broad River basin (Hydrologic Cataloging Unit 06010105). NCDOT shall provide a plan to the USACE
for addressing this mitigation requirement by November 16, 2009. 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 permittee 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 " • `
agmeers regulatory program, please contact David Baker at 828-271-7980. _
: ctober 15 2009; ^ "°I
Corps Regulatory Official David Baker Date a
.: Expiration Date of Verification: October 31,
to the public To help us ensure,we
The Wilmington District is committed to providing the highest level of support
.. continue to do so; please complete the, attached customer SatisfactionSurvey or visit i;
htt o://rein atorv.usacesurvey.com/ to complete the survey online.