20040674 Ver 1_Complete File_20040422

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200430961 County: Buncombe Quad: Asheville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: North Carolina Department of Transportation
Address: 1548 Mail Service Center
Raleigh, North Carolina 27699
Telephone: [phone]
Cc (without enclosures): Mr. John Ilennessy
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Decimal Degrees: North: 35.58293780 West: 82.60048760
Size and Location of project (water body, road name/number, town, etc.): The project site is located at Bridge No.
704 on Johnston School Road (SR 1319), over a tributary to Mill Creek, in Asheville, Buncombe County, North
Carolina.
Description of Activity: The excavation of and discharge of fill material into approximately 119 linear feet of
perennial stream for the replacement of Bridge No. 740 with a 119-foot triple barrel, 7.0 X 8.0-foot reinforced
concrete box culvert. Temporary impervious dikes and associated ponding and dewatering will result in temporary
impacts to 55 linear feet of perennial stream. No additional conditions were proposed by the NCWRC and,
therefore, a letter is not attached.
Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization:
General Permit No. Nationwide Permits 12, 23. and 33
a) All work authorized by this permit must be performed in strict compliance with the plans received in this
office on April 26, 2004, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of
this project, within waters or wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
C ) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner as
to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters
or wetlands.
d) All temporary fill will be removed from the creek and disposed of on uplands outside of the floodplain by
the expiration date of this permit.
Your work is authorized by this Regional General Permit (RGP) provided it is accomplished in strict accordance with
the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above
is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C.
Division of Environmental Management, telephone [phone]. For any activity within the twenty coastal counties,
before beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP. Any violation of the conditions of the RGP
referenced above may subject the pernittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army RGP verification does not relieve the pernittee of the responsibility to obtain any other
required Federal, State, or local approvals/permits. The pernittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the Regional General Permit,
please contact the Corps Regulatory Official specified below.
Date: 7 March 2005
Corps Regulatory Official: Angie Pennock Telephone No.: [phone]
Expiration Date of Verification: 7 March 2007
SURVEY PLATS, FIELD
SKETCII, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE
FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
2
Action Identification Number: 200430961
Permit Number: NWP 12, 23, 33
Buncombe County
Permittee: North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699
Issuance: March 7, 2005
Project Manager: Angie Pennock
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:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a 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 condition of the said permit, and
required mitigation was completed in accordance with the permit conditions.
Signature of Permittee
Date

1•
d.a SfA1( °?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICI (All, F. E,ASI.I:Y
(;UV ;RN0R
April 14, 2004
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006 406'14
ATTENTION: Mr. Steve Lund
NCDOT Coordinator
Dear Sir:
LYNI)U Tim)u rr
SI;CR f :T;\ In
ELANDS 1401 GROUP
APR 2 2 2004
WATER QUALITY SECTION
SUBJECT: Nationwide Permit 12, 23 and 33 Applications for the proposed
replacement of Bridge No. 704 on SR 1319 (Johnston School Road) over
tributary to Mill Creek, in Buncombe County. Federal Aid Project No.
BRZ-1319(11), State Project No. 8.284410 1, TIP No. B-3616.
Please find enclosed three copies of the project planning report for the above referenced project.
NCDOT proposes to replace Bridge No. 740 on the existing alignment with a 119-foot triple
barrel, 7.0 x 8.0-foot reinforced concrete box culvert. Two of the barrels (barrels 1 and 3) will be
silted to simulate the natural width of the stream. Traffic will be maintained using two signed
off-site detours consisting of US 19-23-74N, NC 63, SR 1315, and SR 1319 with a length of 4.8
miles, and US 19-23-74S, Dearview Road, Bear Creek Road, and SR 1319 with a length of 2.1
miles. There are no jurisdictional wetlands within the project area.
Impacts to Waters of the United States
Permanent Impacts: Tributary to Mill Creek will be impacted by the proposed project.
Construction of the proposed project will result in total o£0.02 acres of permanent fill in surface
water. In total 119 feet of existing stream channel will be permanently impacted by this project.
Temporary Impacts: Temporary dewatering is necessary for culvert installation. The temporary
dewatering will occur at the elevation and location as shown in the permit drawings. Diking
materials and methods will be determined during construction by the contractor. Temporary
impervious dikes and associated ponding and dewatering will result in 0.01 acres of temporary
impacts affecting 55 feet of existing stream channel.
Utilities
Currently the City of Asheville has a 6" water line made of cast iron, a 16" water line made of
ductile iron, and a 15" gravity sewer line made of ductile iron in the project boundaries. The 16"
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1546 MAIL SERVICE CENTER WEBSITE: WWW NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1546
water lines will be in conflict with the proposed box culvert and will have to be relocated. The
16" pipe is currently located south of the existing bridge. NCDOT will relocate this utility to the
edge of the right of way on the south side of the bridge, requiring approximately 200 feet of new
pipe to be laid.
The section of stream at the utility crossing location is approximately 2 feet wide. The most
environmentally sound method for this utility installation will be the use of an open cut. Though
bore and jack-type construction is often used in environmentally sensitive areas, the open cut
method will be less environmentally damaging in this case due to the small size of the stream.
Bridge Demolition
Bridge No. 740 in Buncombe County was built in 1976. The structure is one 26-foot span,
completely spanning the tributary to Mill Creek. The height of the structure above the streambed
is 8 feet. The structure of the existing bridge is composed of a timber deck on steel girders. The
superstructure is composed of Yount masonry abutments. This structure can be removed
without dropping any of its components into the tributary to Mill Creek. However, the
removal of the substructure and installation of a culvert will create disturbance in the
streambed. All measures will be taken to avoid any temporary fill from entering Waters of the
U.S.; Best Management Practices for Bridge Demolition and Removal will be implemented.
Culvert Construction
Bridge No. 740 will be replaced with a triple-barrel 7.0 x
culvert. Two of the barrels (barrels 1 and 3) will be silled to
stream. Construction of the culvert will require dewatering
tributary to Mill Creek.
Construction Sequence:
1. Construct Silling Basin (34 cubic yards)
2. Construct Impervious Dikes
3. Install 24 inch Temporary Pipe
4. Construct Culvert
5. Remove Temporary Dikes and Pipe
6. Complete Roadway
8.0-foot reinforced concrete box
simulate the natural width of the
of the natural stream channel of
Restoration Plan:
Following culvert completion, all material used in the construction of the temporary impervious
dikes and temporary pipe will be removed. The stream will then be restored to its pre-project
contours. The temporary impact area associated with the construction is expected to recover
naturally, since the natural streambed and plant material will not be dramatically impacted.
Temporary Dewatering
There will be 55 feet of temporary impacts in tributary to Mills Creek from the construction of
the proposed culvert for the replacement of Bridge No. 470. The area of temporary impacts will
result from dewatering for the installation of the triple-barrel 7.0 x 8.0 foot reinforced concrete
box culvert in the existing stream channel.
It is assumed that the contractor will begin construction of the proposed culvert shortly after the
date of availability for the project. The Let date is August 17, 2004 with a date of availability of
September 13, 2004.
Water Resources
The water resource impacted for project B-3616 is a tributary to Mill Creek, a tributary of the
French Broad River. Unnamed tributaries receive the same classification as the named streams
into which they flow. The North Carolina Department of Environment and Natural Resources
classifies Mill Creek as "C". Class "C" waters are suitable for secondary recreation, fishing,
wildlife, fish and aquatic life propagation and survival, and agriculture. The classification date
and index number for this portion of the creek are 7/1/73, 6-79.
There are no Outstanding Resource Waters (ORW), High Quality Waters (HQW), WS-l, or WS-
II within 1 mile upstream or downstream of the project study area (DEM 1993, DWQ 2003b).
According to the North Carolina Wildlife Resource Commission, Mill Creek is not considered to
be trout waters. No special restrictions are required for in-water work other than those outlined in
the NCDOT guidelines, "Best Management Practices for Protection of Surface Waters".
Mill Creek is not designated as a National Wild and Scenic River or a State Natural and Scenic
River.
Federally Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered,
and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the
Endangered Species Act of 1973, as amended. As of January 29, 2003, the Fish and Wildlife
Service (FWS) lists twelve federally protected species for Buncombe County (Table 1). The
Biological Conclusions for each of these species remain valid.
Biological conclusions of "No Effect" were reached for all listed species as reflected in the
attached CE dated November 2002. We have updated the information for the three species that
had suitable habitat within the project area: spotfin chub, Appalachian elktoe and oyster mussel.
A site search for the spotfin chub was done by NCDOT biologist Mr. Neil Medlin September 12,
2002 and no individuals were found. In June 2001 NCDOT staff biologists surveyed for the
Appalachian elktoe and oyster mussel with a conclusion of "No Effect".
Table 1. Federally-Protected Species for Buncombe County
Common Name Scientific Name Status Biological conclusion
Bo turtle Clemm s muhlenber ii (S/A) /A
Carolina northern flying squirrel Glaucom s sabrinus coloratus E No Effect
Eastern cougar Puma concolor cou uar E No Effect
Gray bat otis isescens E** No Effect
S otfin chub bo psis monacha * No Effect
Appalachian elktoe lasmidonta raveneliana E No Effect
Oyster mussel Epioblasma ca sae ormis E*** No Effect
-
Bunched arrowhead Sa ittaria asciculata E* No Effect
Mountain sweet pitcher plant arracenia "onesii E* No Effect
Spreading avens Geum radiatum E No Effect
Virginia spiraea piraea virginiana May Affect, Not Likely to
dversel Affect
Rock gnome lichen G mnoderma lineare E o Effect
KEY:
Status Definition
E - A taxon "in danger of extinction throughout all or a significant portion of its range."
T - A taxon "likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
T(S/A) - Threatened due to similarity of appearance (e.g., American alligator )--a species that is threatened
due to similarity of appearance with other rare species and is listed for its protection. These
species are not biologically endangered or threatened and are not subject to Section 7 consultation.
*Historic record - the species was last observed in the county more than 50 years ago.
**Incidental/migrant record - the species was observed outside of its normal range or habitat.
***Historic record - obscure and incidental record.
Regulatory Approvals
Section 404 Permit: It is anticipated that the temporary dewatering of Mill Creek will be
authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and
Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing
the temporary dewatering of Mill Creek. It is also anticipated that the relocation of utilities will
be authorized under Section 404 Nationwide Permit 12 (Utility Line Activities; Activities
required for the construction, maintenance, and repair of utility lines and associated facilities).
All other aspects of this project are being processed by the Federal Highway Administration as a
"Categorical Exclusion" in accordance with 23 CFR § 771.115(b). The NCDOT requests that
these activities be authorized by a Nationwide Permit 23 (FR number 10, pages 2020-2095;
January 15, 2002).
Section 401 Permit: We anticipate 401 General Certifications numbers 3403 and 3366 will apply
to this project. In accordance with 15A NCAC 2H .0501(a) we are providing two copies of this
application to the North Carolina Department of Environmental and Natural Resources, Division
of Water Quality, for their records.
We anticipate that comments from the North Carolina Wildlife Resources Commission
(NCWRC) will be requested prior to authorization by the Corps of Engineers. By copy of this
letter and attachment, NCDOT hereby requests NCWRC review. NCDOT requests that NCWRC
forward their comments to the Corps of Engineers.
TVA: This project is located within the jurisdiction of the Tennessee Valley Authority (TVA).
Therefore, an approval under Section 26a of the TVA Act will be required.
Thank you for your assistance with this project. If you have any questions or need additional
information, please contact Michael Turchy at maturcliv c .dot. state. nc.us or [phone].
Sincerely,
Gregory J. horpe, Ph.D., Environmental Management Director
r? Project Development and Environmental Analysis Branch
cc:
Mr. John Hennessy, Division of Water Quality (;(copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
Mr. Harold Draper, TVA
Mr. Jay Bennett, P.E., Roadway Design
Mr. Omar Sultan, Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. John F. Sullivan III, P. E., FHWA
Mr. J. J. Swain, P.E., Division Engineer
Mr. Roger Bryan, DEO
Mr. David Franklin, USAGE, Wilmington (Cover Letter only)
Mr. John Wadsworth, P.E., Project Development Consultant Engineer
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit [] Riparian or Watershed Buffer Rules
R Section 10 Permit Isolated Wetland Permit from DWQ
R 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 12, 23 and 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: El
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: R
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 1548 Mail Service Center, Raleigh, NC 27699
Telephone Number: 919-733-7844 Fax Number: 919-715-1501
E-mail Address:
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:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
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: Replacement of Bridge 740 over tributary to Mill Creek on SR 1319
(Johnston's School Rd) in Asheville.
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3616
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Buncombe Nearest Town: Asheville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Located on SR 1319 between
intersections with Rash Rd. and Southern Railway, over Tributary to Mills Creek
5. Site coordinates, if available (UTM or Lat/Long): N35° 35.118' , W820 36.582'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): N/A
7. Nearest body of water (stream/river/sound/ocean/lake): Tributary to Mills Creek
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 http://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 Urban local, with residential land dominant.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
Replacing single span bridge with a triple-barrel culvert using heavy mechanical highway
construction equipment.
11. Explain the purpose of the proposed work: Investigations by the Bridge Maintenance Unit
indicate that rehabilitation of the existing structures is not feasible due to age and deteriorated
conditions. Bridge No. 740 carries a sufficiency rating of 50.7 out of a possible 100. This
structure is considered functionally obsolete. Replacement of the bridge will result in safer
and more efficient traffic operations.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 7 of 12
Provide a written description of the proposed impacts: There will be no impacts to jurisdictional
wetlands from the replacement of Bridge No. 740. However, construction around the bridge site will
result in a small amount of permanent and temporary surface water fill due to dewatering and the
installation of a triple-barrel culvert.
1. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
2. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 (12+02-L-) Permanent 119.0 feet Trib. to Mills Creek 2.0 feet Perennial
1 (12+02-L-) Temporary 55.0 feet Trib. to Mills Creek 2.0 feet Perennial
x List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 119.0 feet of permanent
surface water impact and 55.0 feet of temporary surface water impact Cumulative impacts
total 174.0 linear feet.
Page 8 of 12
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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): E] uplands F-1 stream E] 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.):
Size of watershed draining to pond: Expected pond surface area:
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.
The selected design was chosen because a Food off site detour is available. it has fewer impacts
on adjacent residential properties, and it will create comparatively lower environmental impacts.
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 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
Page 9 of 12
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 NCWRP 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.
1. 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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/nu/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
J
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No
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 [phone] to review current thresholds for environmental documentation.
Yes ® No ?
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 F1
IX. 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 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes F-1 No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation

Total
Gone i extenas out Su ieet perpenmcuiar from near banx of cnannei; Lone 2 extenas an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.c., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
XI. 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.
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes r_J No
XIII. 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).
--?' 411-310
A+icant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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PORTION OF S T ATE MAP
NORTH CAROLINA
DEPARTMENT OF HIGHWAYS
BUNCOMBE COUNTY
82844101(B-36!6)
REPLACEMENT BRIDGE NO-740
AND APPROACHES,ON SR 1319 (JOHNSTON BLVDJ
OVER TRIB TO MILL CREEK

WETLAND IMPACTS
SCALE AS SHOWN 10/15/2002 SHEET oF?
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--dLB- WETLAND BOUNDARY
WETLAND
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FLOW DIRECTION
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--? PROP. RIGHT OF WAY
- - NG - - NATURAL GROUND
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GRADE
PROPOSED BRIDGE
PROPOSED BOX CULVERT
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12'-48'
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LEVEL SPREADER (LS)
GRASS SWALE
82844101 (8-3616)
REPLACEMENT BRIDGE NO. 740
AND APPROACHES ON 5R 1319 (JOHNSTON BLVOJ
OVER TRIB TO MILL CREEK
SCALE AS SHOP 10/15/2002 I SHEET 3 OF .
BUNCOMBE COUNTY
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SUMMARY OF AFFECTED PROPERTY OWNERS
TRACT NO. PROPERTY OWNER ADDRESS SITE NO.

NORTH CAROLINA
DEPARTMENT OF HIGHWAYS
BUNCOMBE COUNTY
82844101(B-36161
REPLACEMENT BRIDGE NO.740
AND APPROACHES ON SR 1319 (JOHNSTON BLVD)
OVER TR1B TO MILL CREEK
SCALE AS SHOWN SHEET (I ( OF 7

O ALLISON C. PEREZ 127 CRANFORD RD
ASHEVILLE, NC 28606 i
O WEST CONGREGATION OF
JEHOVAH'S WITNESSES 8 MERLIN WAY
ASHEVILLE, NC 28806 I
O ROBERT C AND BABRBARA F
BIESTERFEDLT 568 HAYWOOD RD
ASHEVILLE, NC 28606 I
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.: SHEET 1
NORTH CAROLINA
DEPARTMENT OF HIGHWAYS
BUNCOMBE COUNTY
82844101(8-3616)
LEGEND REPLACEA(ENT BRIDGE N0.740
LEGEND 25 0 50 AND APPROACHES ON- SR 1319 (JOHNSTON BL.VDJ
DENOTES FILL IN OVER TR1B TO MILL CREEK
SURFACE WATERS SCALE iN FEET
SCALE AS SHOWN 10/30/2004

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 3, 2004
Mr. Lindsey Riddick
Environmental Supervisor
Office of Natural Resources
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Riddick:
Subject: Endangered Species Concurrence for Two Bridge Replacements in Buncombe
County, North Carolina--B-3614, Bridge No. 300 on SR 1141 over Hominy
Creek, and B-3616, Bridge No. 740 on. SR 1319 over a Tributary to Mill Creek
As requested by the North Carolina Department of Transportation, we have reviewed the
natural resources information and biological conclusions for federally protected species
for the subject projects. We provide the following comments in accordance with the
provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
We have reviewed the updated survey information provided for impacts to the federally
threatened Virginia spiraea (Spiraea virginiana). Given the information provided, we
agree that there will be no effect to federally listed species and believe the requirements
under section 7(c) of the Act are fulfilled regarding listed species for the subject projects.
However, obligations under section 7 of the Act must be reconsidered i£ (1) new
information reveals impacts of this identified action that may affect listed species or
critical habitat in a manner not previously considered, (2) this action is subsequently
modified in a manner that was not considered in this review, or (3) a new species is listed
or critical habitat is determined that may be affected by the identified action.
P
If you have questions about these comments, please contact Ms. Marella Buncick of our
staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects,
please reference our Log Numbers 4-2-04-118 for B-3614 and 4-2-04-119 for B-3616.
/Sincerely,
Brian P. Cole
Field Supervisor