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SAW- 2014 -00424 County: Alleghanv GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permitee: NC DOT DIV 11 Heath Slaughter Address: 801 Statesville Rd. North Wilkesboro, NC, 28659 Telephone Number: (336) 903 -9202 Size (acres) <1 Nearest Town Amelia Nearest Waterway: New River River Basin: Upper New. North Carolina, Virginia. USGS HUC: 5050001 Coordinates Latitude": 36.55184 Longitude: - 81.18196 Location description: The site is located along SR 1345 (Farmers Fish Camp Road) over the New River at NCDOT Bridge #265 in Alleghanv County, North Carolina. Description of projects area and activity: This authorization is for the permanent and temporary discharge of clean fill material associated with an existing bridge replacement project. The previously existing bridge was destroyed during a January 2013 storm event. Permanent impacts include the placement of fill associated with 15 span structures that total 0.01 acre and the discharge of rip rap within 71 linear feet of river channel for bank stabilization /pipe outlet protection Temporary impacts are within 0.48 acre of iurisdictional river channel and 20 linear feet of river channel and are associated with a temporary rock causeway. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 Maintenance. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information received February 21, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and /or appropriate legal action. , 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 919- 807 -6300) 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 Engineers regulatory program, please contact Andrew Williams at 919 -554 -4884 x26 or And rew .E.Williams2Ausace.army.mil. Special Conditions: 1. Recommendations numbered 1 -7 and 9 -11 in the attached letter from the North Carolina Wildlife Resource Commission dated March 25, 2014 are hereby incorporated as special conditions of this permit verification. 2. Replacement bridge rail will be a one -bar metal design. 3. NCDOT will work with historic property owner to replace the existing gates and fences affected during construction and to provide temporary fencing during construction to contain their cattle. 11AMSANDNEW EIlN561655 /YrQ� wsUSA, —W1llIAMS ANDNEWEil <°561655 Corps Regulatory Official: i1 " ° "° ° " " ° "" °° Date: 04/02/2014 Expiration Date of Verification: 03/18/2017 Determination of Jurisdiction: 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. Basis For Determination: The stream, Rock Creek, is a relatively permanent water (RPW) and a tributary to the New River, a TNW and a navigable water of the United States, in the lower reaches. The Ordinary High Water Mark (OHWM) of the unnamed tributary was indicated by a description provided by the applicant and the following physical characteristics observed in an aerial photograph: absence of vegetation, scour, and bed and banks. This jurisdictional determination is only for the stream /river proposed for impacts associated with this Nationwide Permit verification and does not include any other waters /wetlands that may be located on the project site Remarks: None E. Attention USDA Program Participants This delineation /determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation /determination may not be valid for the wetland conservation provisions of the,Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 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 by June 2, 2014. * *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: Andrew Williams Date of JD: 04/02/2014 Expiration Date of JD: April 02, 2019 �j Digitally signed by WILLIAMS .ANDREW.E.1244561655 ou c =US, o =WIL Government, o f 12 4 61655 , ou =_ USA ,cn= WILLIAMS.ANDREW.E 1244567655 U Date 2014.04.0211.2520 - 04'00' 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 our customer Satisfaction Survey online at http://reizuiatoU.usacesurvey.com/. Copy furnished: Dave Wanucha ' North Carolina Department of Natural Resources Division of Water Resources 585 Waughtown Street Winston- Salem, NC 27107 Action ID Number: SAW- 2014 -00424 County: Alleghany Permittee: NC DOT DIV 11 Heath Slaughter Project Name: NCDOT /SR1345/Bridge265/Divisionll Date Verification Issued: 04/02/2014 Project Manager: Andrew Williams 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 Attn: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the Authorization and /or issuing a Class I administrative penalty, or initiating other appropriate legal action. 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 Applicant: NC DOT DIV 11 File Number: SAW- 2014 -00424 Date: 04/02/2014 Heath Slaughter Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL'DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I" Th'e following ,identifies _ you "r rights:and'option "s -re gardmg an':'admiriistrative appeal' f the, above C - iw_, t''!i i to'-' •Xn -tY.'�_ -t ;x 'F•• i .. 1�•�' ',e__ _ dectsion::'Additional information ma" 'b'e.- found,af,or ; 'y- - �," - - - - - httra' / /wi w usace arm 'mif/Mission's /Civil' Work "s7Re''u� latoryPro'" eramandPermits. asnx >:ori�th'e "Corps;regula'tions at >33 y �� - "'tt:' -i {= nt.t„ ,°xk,,•,nl,t 't ,L ' }r _ ,z.. ,1 i'" -_ -i -_ - -1 • _ x�1 'lit ii ' - - ,�_CFR - �A: 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 II of this form and return the form to the district engineer. Your 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 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. 2. 1. B: 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 III 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. C: PERMIT DENIAL: You may appeal the 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 accept or 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 JD 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 district 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. ,,.a: - - .Iw,l y -- - - N, �; ,",a,r - n � �r � � � iYF'' - -� by .i , "'�4 •:. ;.f, : AF+;, .. _ ,} ;t1~„ — ' u; =, r y- i' <4 - ii", .A - -- - -- ''F.. "•t °',f`' °111 ti�'fI' ru 7 � 1 - 'v filly `i ,�'S'- ��'" -IL -. -i - - �'.._•_ - �a�', -} f' -�:, �L _ _ .,i ii i'f'1`- - a; - �,i:�._- a - I$�1'v'i•.ul 's � %.. _ I - - - ;SECTION'I'I =!RE UEST' FORAPPEA L' orABJECTIONS ;TQ'ANFINI_- TIAL;.PROFFERE_ - 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. rl •- - li- - !'ik� x If you have questions regarding this decision and /or the If you only have questions regarding the appeal appeal process you may contact: process you may also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Attn: Andrew Williams Officer 3331 Heritiage Trade Drive, Suite 105 CESAD -PDO Wake Forest, North Carolina 27587 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 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 Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 0 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director TO: Andrew Williams, Regulatory Project Manager Raleigh Regulatory Field Office, USACE FROM: Marla Chambers, Western NCDOT Review Coordinator 1a,4- eta'M&L', Habitat Conservation Program, NCWRC DATE: March 25, 2014 SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to rebuild Bridge No. 265 over the New River on SR 1345 (Farmers Fish Camp Road), Alleghany County; North Carolina. The 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 NC Division of Water Resources ( NCDWR). 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 state and federal Environmental Policy Acts (G.S. 113A- lthrough 113 -10; 1 NCAC 25 and 42 U.S.C. 4332(2)(c), respectively), the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d), as applicable. The NCDOT proposes to rebuild Bridge No. 265 over the New River on SR 1345, which washed out in January 2013, with a new longer bridge at the same location. The new bridge design raises the grade of the previous low -water bridge to allow for debris and canoe passage beneath. Rock Creek joins the New River at the bridge site and will incur approximately 20 linear feet (If) of riprap impacts and 20 if of dewatering. Impacts from interior bents in the New River will be significantly reduced from the existing condition. The temporary causeway across the 450 -foot wide river will have 17 CSPAs installed to maintain flow and only half of the causeway will be in the river at one time. Permanent stream, impacts to the New River total 51 linear feet for riprap bank stabilization. Temporary causeway impacts are 241f wide or 0.48 acres. New River (Class: C; ORW) supports a number of state - protected aquatic species at and just downstream of -the project including Spike (Elliptio dilatata), Special Concern (SC); Seep Mudalia (Leptoxis dilatata), Threatened (T); Purple Wartyback (Cyclonaias tuberculata) Endangered (E); Green Floater (Lasmigona 'subviridis), (E); Logperch (Percina caprodes), (T); Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh NC 27699 -1721 Telephone: (919) 707 -0020 • Fax: (919) 707 -0028 Bridge No. 265, SR 1345 (Farmers Fish Camp Rd.) New River & Rock Creek, Alleghany Co. 2 March 25, 2014 Mimic shiner (Notropis volucellus), Significantly Rare (SR); Kanawha Rosyface shiner (Notropis sp. 1), (SR); Kanawha minnow (Phenacobius teretulus), (SC); New River shiner (Notropis scabriceps), Watch List (WL); Appalachia darter (Percina gymnocephala ), (WL); Spotfin shiner (Cyprinella spiloptera), (WL); Silver shiner (Notropis photogenis), (WL); Bigmouth chub (Nocomis platyrhynchus), (WL); Spiny Stream Crayfish (Orconectes cristavarius), (WL); New River Crayfish (Cambarus chasmodactylus), (WL). The project area was last sampled in 2008. We request that NCDOT keep us informed regarding the construction schedule and pre - construction meeting. Sediment and erosion control measures must adhere to the Design Standards in Sensitive Watersheds. Significant trout resources are not ekpected in the project vicinity; therefore, we are not requesting a trout moratorium. NCWRC managed a Public Fishing Area at the project bridge site, on privately owned land. The site had a kiosk, was patrolled by law enforcement, and the Alleghany Parks and Recreation Department provided trash pick -up. The site also had a problem with floating debris backing up against the bridge and blocking the access area. We commend NCDOT for designing the new bridge to allow debris and canoes to pass underneath. Also, we request that NCDOT work with us to re- establish public access at the project site, in accordance with their policies. NCWRC can concur with the issuance of Section 404 and 401 permits provided that the following conditions are implemented: Sediment and erosion control measures shall adhere to the Design Standards in Sensitive Watersheds and be strictly maintained until project completion. 2. Herbaceous vegetation shall be planted on all bare soil as soon as possible following the completion of permanent or temporary ground disturbing activities to provide appropriate long -term erosion control. Tall fescue and straw mulch shall not be used in riparian areas. We encourage NCDOT to utilize onsite vegetation and materials for bank stabilization when practicable. Erosion control matting shall be used on steep slopes and for establishing permanent vegetation in riparian areas. The matting shall be well anchored with staples or wooden stakes and, whenever possible, include live stakes of native trees. Matting in riparian areas should not contain plastic mesh, which can entangle and trap small animals. 4. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into the waterway. 5. The natural dimension, pattern, and profile of the waterway above and below the crossing should not be modified by widening the channel or changing the depth of the waterway. 6. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs should be planted along the banks, as appropriate to the setting, to reestablish the riparian zone and to provide long -term erosion control. Bridge No. 265, SR 1345 (Farmers Fish Camp Rd.) New River & Rock Creek, Alleghany Co. 3 March 25, 2014 7. Grading and backfilling should be minimized, and tree and shrub growth should be retained if possible to ensure long term availability of shoreline cover for fish and wildlife. Where practicable, riprap placed for bank stabilization should be limited to the banks below the high water mark, and vegetation should be used for stabilization above the high water elevation. 9. If concrete will be used during construction, work must be accomplished so that wet (uncured) concrete does not contact surface waters. This will lessen the chance of altering the water chemistry and causing a fish kill. 10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 11. Heavy equipment should be operated from the bank rather than in the channel whenever possible in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the waterway. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids or other toxic materials. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at (704) 982 -9181 or marla.chambers@ncwildlife.org. cc: Amy Chapman, NCDWR Heath Slaughter, NCDOT FW: Alleghany Bridge #265 Permit Mod FW: Alleghany Bridge #265 Permit Mod Slaughter, Johnathan H Page I of 2 Sent: Wednesday, May 28, 2014 4:05 PM To: Andy Williams (Andrew.E.Williams2 @usace.army.mil); Carrillo, Sonia; Chambers, Marla J; Wanucha, Dave Cc: Guynn, Jami C; Laws, Joseph L Attachments: Bridge #265 401 certificat -l.pdf (3 MB) ; Bridge #265 Revised Causew -l.pdf (4 MB) ; SAW- 2014 - 00424- permit veri"l.pdf (198 KB) ; SAW201400424_NCWRCIetter.pdf (52 KB) All, See email below. The proposed permitted causeway is too narrow to accommodate the required equipment. We have modified the permit drawing. Permanent streambank impacts were increased by 9 linear feet. Temporary causeway impacts were increased by 0.11 acres (from 0.48 to 0.59 acres). We are in the process of soliciting bids now so an expedited permit mod would be helpful. Let me know if you have any questions. I have attached the revised permit drawings and the issued permits. - - - -- Original Message---- - From: Williams, Andrew E SAW Sent: Wednesday, May 28, 2014 To: Slaughter, Johnathan H Subject: RE: Alleghany Bridge Classification: UNCLASSIFIED Caveats: NONE [mailto• Andrew .E.Williams2 @usace.army.mil] 8:04 AM #265 (UNCLASSIFIED) Heath, We will need to issue a new tearsheet. I will also need replacement plans showing the temp fill. If you want, you can sketch it in on the old one. You should also let Dave and Marla know. Hopefully, Marla won't need to issue another letter. Thanks. Andrew Williams Regulatory Project Manager U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 919 - 554 -4884 extension 26 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 Customer Satisfaction Survey located at http • / /regulatory.usacesurvey.com /. - - - -- Original Message---- - From: Slaughter, Johnathan H Sent: Tuesday, May 27, 2014 4 To: Williams, Andrew E SAW Subject: [EXTERNAL] Alleghany Andy, [mailto:hslaughter @ncdot.gov] :45 PM Bridge #265 One of our bidding contractors has informed us that the consultant designed causeway https: / /mail.nc.gov /owa / ?ae= Item &t = IPM. Note& id= RgAAAADMSzLcd9 W2TJHI4 %2bm... 6/4/2014 FW: Alleghany Bridge #265 Permit Mod Page 2 of 2 for this project is too narrow to accommodate the crane and drill rig that is necessary to build this bridge. The top surface width of the causeway on the existing plans is 15',wide. The crane is actually about 4' wider than the top of the causeway and I can see that as a minor problem if you know what I mean. The short of it is that instead of the 0.48 acre causeway, it looks like 0.58 acres is closer to what we need. We just need a little more width. I'm not sure if you want to issue a new tear sheet or just print this email for the file., Let me know how you wish to proceed. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Classification: UNCLASSIFIED Caveats: NONE 11 https: / /mail. nc. gov /owa / ?ae= Item &t = IPM. Note& id= RgAAAADMSzLcd9 W2TJHI4 %2bm... 6/4/2014