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HomeMy WebLinkAbout20130601 Ver 2_Application_20140616Corps Submittal Cover Sheet Please provide the following info: l. Project Name _Brid¢e 301 on SR 1593 -' /�'%�� i �a �o� �- 2. Name of Property Owner/Applicant: NC Department of Transpoi4ation 3. Name of Consultant/Agent: N/A *Agent authorization needs to be nttached. 4. Related/Previous Action ID number(s): 5. Site Address: N/A 6. Subdivision Name: N/A 7. City: Bat Cnve 8. County: �Henderson 9. Lat: 35.42443 ° N Long: 82.37547° W (Approx Project Center) 10. Qtiadrangle Name: _Bat Cave (35082-D3-TF-024) 11. Waterway: Puncheon Camp Branch (C Tr) 12. Watershed: French Broad I2iver 13. Requested Action: X Nationwide Perinit # 14 General Permit # Jurisdictional Determination Request _ Pre-Application Request The following infonuation �vill be completed by Corps office: AID: Prepare File Polder Assigu mimber in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters NTme: Key�vords: �" �;��o-.. r�{: a�� ���'�. � � STATE OF NORTH CAROLWA DEPARTMENT Or TRANSPORTATION PnT McCaoar GOVER\OR .Tl1lle 1�, 2.��� Mr. Lori Bcckwitl�, NCDOT Regulatory Project Mauager U. S. A��my Corps of Engineers 151 Patton Aveuue, Room 208 Asl�eville, NC 28501-2714 Subject: Natioinvide l4 Permit—Modificatiau ANTHONl' J. TATA Srcarr:�a�� Action ID No. 2013-01103 DWQ Project No. 2013060] Replace Bridge No. 301 ou SR 1593 (Rl�odes Road) over Puucheon Camp Creek Henderson Coui�ty WI3S Elemeut No. 17BP14.R.20 (DWQ Minor Permit Fee $240.00) Dear Ms. Beckwith: The North Caroli��a Dep�rtinent of Transportation (NCDOT) is proposing ro replace the subject bridge due to deterioration and 'u�sufficient width. The existing structure is 15' L� 20' W with a tiinber floor on timberjoists. Tlie proposed replacement structure will be 2 a 73" W s 55" H� 58' L�luminized corrugated steel pipe arcl�es (CSPA). The culverts will be oi� a 115 de�ree ske�v. A temporai�� ciilvert will be installed upstream of the e�isting bridge to provide access during constraction on this dead eud road. There �vill also be some minor approach work required at the culvert. NCDOT proposes to repl�ce thc permitted 2 a 73" W� 55" H x 58' L aluminized corrugated steel pipe arches (CSPA's) with T 16' W x 4' 3" H� 40.5' L prefabrieated lluminum bos cuh�ert with head�valls. By using the box culvert we cau reduce stream impacts by 17.5 Yeet aud also have a more stable stream cl�amiel at the inlet and outlet ends of the structare. Tlie gradient llong the culvert is approsimately 3.88%. Several me�sures will be incorporated in the project to mitigate tlie iuipacts of the culvert slope. The culvert will be buried 1 foot into the streambed and alternating silts aud baffles will be installed in the culvert (see culvert diagram). The culvert will be backtllled with nataral sh'eam material to the 1-foot sills. Floodplain benches will also be constructed in froiit of the 2-loot sills on the inlet and ouUet ends of the culvert to maintain natural chanuel width aud provide aqu�tic life pass�ge during periods of low tlo�v. I have enclosed a revised PCN impact table, ET:P mitigation form, and plan slieet showing the lluminium bo� culvert structure. P'ourtccnlh Division Oflicc Telephone: (323) SS6-2141 253 VA'ebsler RoaJ. Syh�a, Nnrlh Carolina 28779 Fac (323) SR6-4043 Bridge No. 301 Page 2 Jiuie 1(, 2014 Due to the limited scope of tl�is project and the proposed BMPs, the poteutial for adverse impaets to downstream aquatic habitat sliould be minimal. Terrestrial habitat does not appear to be characteristic of auy of the listed terrestrial species and lias been liighly disturbed in the vicinity of thc project. There were no tlu�eatened or endaugered species observed during the tield scoping process. For these i•easons and tliose discussed above, we iecomme�id a deteruiination of"no effect" for threatened aud endangered species. This project was reviewed for cultaral resoiicees by the NCDOT's Humau Euviroimient Unit iu 2012. It was determined that no historic structures �vould be affected. A sail�e}� deterfuined there would be no effect on erchaeological resoiirees. NCDOT best management practices will be used to minimize and control erosion and sedimentation on tllis project. Impacts to Waters of tlie United States Puucheon Camp Creek (C Tr) is sl�own on the USGS topographic map as a perennial streaui. The channel is well defined �vith a substrate of sand, gravel cobble and boulders and is approximately si� feet iu width. Puncheon Camp Creek flows approsimately 1.0 miles to Clear Creek. Clear Creek flows appro�imalely 8.5 miles to Mud Creek. Mud Creek flo�vs approsimately 6.0 miles to tlie Freneh Broad River. The i'rench Broad River meets the detinitiou of a Traditional Navigable Water. For these reasa�s, we believe Puncheoii Camp Creek is a Relatively Permauent Water and is uuder the jurisdiction of the U.S. Arnry Corps of Engineers. In order to construct tlie project, it �vill be necessaiy to impact waters of t{ie United States iu tlie French Broad River Basin (HUC 06010105). Specifically, NCDOT is reqaesting to replace Bridge No.301 with an aluminized CSYA. Listed below is a summary of the proposed impacts. Stat ou ���stiug Cmidition Proposed Condition I� Nacts 16'Wsd'3"Hsd0.5'L Site l 15' L� 20 ' W p�.efabricated Ahuuinum Box Cuh�ert a0.5' Modified timber bridge with Head�v;ills Existing stream cl�annel Excavate streambanks and chamiel to Site lA and streauibTnks construct tloodplain bench (Iniet �nd) �1 Existing stream cl�annel E�cavate streambanks and chaiinel to Site IB and streambaiilcs construct tloodplain bench (Outlet �nd)) �� Site IC Fi�ee flowing chaiinel Flow diversion using imperviot�s dike 85, and diversion chaunel Site 2 Free flowing channel Z� 36" x 35' CMPs 35, Tempor�ry Detour Site 2A Free Flo��ving chamiel Flow diversion using impervions dike 60' and pipe Total Permaueut Stre�m Impacts fm• Culvert 40._5' Total Permaneut Stream Impact for Floodplain Benches 83' Total Tempora�S� luipacts Yor Tempoi'ary Culvert aud Flow Diversions 180' Bridgc No. 301 Page 3 ,Iune 16, 2014 Permits Requcsted NCDOT is l�ereby requesting autliorization under Sectiou 404 of d�e Clean Water Act to proceed with the coustrnction project modificatimi outlined above. By copy oY this letter, I am asking Ms. MTrla Cliambers, Western NCDOT Review Coordinator, of tl�e Nortti Carolina Wildlife Resources Commission (NCWRC) to canment directly to you concerniug the 404 Natioinvide Permit request. I am also requestiug authorization under Section 401 of the Clean Water Act frorn tlie North Cerolina Department of Euviraunent aud Natural Resources (D�NR), Division of Water Resourees (DWR). In addition, I aui askiug Ms. Cha�ubers and n9r. Beu DeWit, Roadside �nvironmental Field Operations Engiueer (NCDOT), to comment directly to me concerning this permit reqttest. If you liave auy questions or need additional inYormation, please contacl me at (823) 586-2141 or Mr. Josl� Deyton, P�, at (828) 485-2131. Yoiir early review aud considcration will be appi'eciated grcatly. Sincerel}', �/" Cv+�✓ .� l��i�/ Mark S. D�vis Division 14 Eiivironmental Progrlm Siipervisor Enclosures cc: Ms. Amy Chapman, Division of Water Resources, DENR, Raleigl� Mr. Kevin Bar�iett, Division of Water Resources, DENR, Ashcville Mr. J�son Mays, I�iologist, USFWS, Aslieville Ms. Marla Ch�mbers, Western NCDOT Review Coordinator, NCWRC, Ablemarle Mr. Joshua B. De}rton, PE, Division 14 Bridge Mauagement Gngineer, NCDOT Mr. I3en DeWiL EI, Roadside Eirviromnental Field Operations Eugineer, NCDOT Per�nit Modificntimi - Bridge No. 301 ou SR 1593 over Ptmclieon Gap Crecic Hendersm� Coiu�ty C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ WeUands � Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the sile, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wefland 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) Tem ora T W1 ❑ P❑ T N/A N/A ❑ Yes ❑ Corps N/A ❑ No ❑ DWQ WZ � 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 N/A 2h. Comments: N/A 3. Stream Impacts If there are perennial or intermittent stream impacts (including lemporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3 b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, wiclth (linear Temporary (T) (INT)? other) (feet) feet) S1 � P 0 T Aluminiwn Box Puncheon Camp � PER � Corps 6 A0.5 Culvert - Modified Creek ❑ INT � DWQ S1A � P❑ T Floodplain Bench Puncheon Camp � PER � Corps 6 41 (Inlet End) Creek ❑ INT � DWQ S1 B� P❑ T Floodplain Bench Puncheon Camp � PER � Corps 6 42 (Outlet End) Creek ❑ INT � DWQ S1 C❑ P� T Flow Diversion for Puncheon Camp � PER � Corps 6 85 Culvert Installation Creek ❑ INT � DWQ S2 ❑ P� T Temporary Detour Puncheon Camp � PER � Corps 6 35 Culvert Installation Creek ❑ INT � DWQ S2A ❑ P� T Flow Diversion Puncheon Camp � PER � Corps 6 60 Detour Culverts Creek ❑ INT � DWQ 3h. Totnl Stre�m and Tributary Impacts—Culvert - Modified 40.5' 3i. Comments: Total Sh'eam Impac[s for Flooplain Benches and Bank Stabilization 83' Temporap� Impacts for Impervious Dikes, Plon� Diversions a�id Temporary Cuh�eit 130' / /y��//,� �i/i /� � /� /`� � � Page 5 of 11 PCN Fonn — Version 1.3 December 10, 2008 Version .\ T . a � 1� � � 91 v � �. � ,� � � p ,O � � �� u C � 7 � � � � Z O j� ,� +' � � � o � � �% o � L � � o .� �� �� � �� N� � — � > � � � � � � � � 0 m � an � � � .� N t") dl ': e+ h � � � � � � � c n\ � �° � a ��� Y � \� 0 c� O 3 G� � a \ . N \ � \\\/ t I� , . , � ; i t:; y � '\ /� ;; , I ; �. � \__ y'� � :'J .'...' . 1-r - `� �. �-� i;;.. ,i�/ � �/;�\I}l � �` �� �' �I � �' � \ � r� ,:I I _'4�- 1 � '� : � , / � � : ,: --; ', I `�� 2�,,\ } `\ ;' _.1' '•` , :�. �-- :` , , tti ` �� � i+ `, i,��:<�} t� _ �i ---- - ---\ �� \� A`.S k \� y ` � ��'j���' � -;-_-__- �. ��� � ^ _ � ,: ,' / , ! � ._ ,�Ii�> , ;� (�,y�:� ���r� / , �� � , .�., � � �, ; ��,/ J , __.-7 i ,' � , '' I 1 ;' i � �_ ,Il � I I NAO 6d//1�45 8 ZQO' ' i � L Q�� v wm 0. 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W U _ n �p W N S O � �u. / U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatorv Mitigation Responsibilitv Transfer Form Permittee: North Carolina Department of Trensportation Action ID: SAW-2013-01103 Project Name: Bridge 301 on SR 1593 / W �5 Element No. 178P14.R.20 County: Henderson �������� AU6 0 1 2pi3 DIVISIp� �� Instructions to Permittee: The Permittee must provide a copy of this form to Ihe Mitigation Sponsor, either an approved Mitigation Bank or the North Wrolina Ecosystem Enhancement Program (NCEEP), who will then sign the (orm to veri(y [he transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USF�CE) Project Manager identified on page hvo is in receipt of a signed mpy of this form before conducting au[horized impacts, unless othenvise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will 6e attached to the permit, and the separate forms for each Sponsor and/or HUC must he provided to the appropriate mitigation Sponsors. Instructions to Sponsor. The Sponsor must verify that Ihe mitigation requirements shown below are available at the identified site. By signing below, Ihe Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment (rom the Permittee. Once the form is signed, the Sponsor must update the appropriate ledger and provide a mpy of the signed fonn to the Permittee and to the USACE 8ank/In-Lieu Fee Program Manager. The Sponsor must also mmpiy with all reporting requirements established in their authorizing insVUment. Permit[ed Impacts and Compensatory Mitigation Requirements: Permitted Impact� Stream Warm � Cool " 8�digit NUC and Basin: 0601011 Wetland Cold Riparian Riparian French Broad River Basin Non-Riparian � Coastal L � 58 � � � � `If more than one mitigation sponsor will be used for the permit, only indude impacis to be mitigated by this sponzor. HUC and Basin: 06010105, French Broad River 6asin Stream Mitigation (credits) Warm Cool Cold Riparian 116 Wetland Mitigation (credits) Riparian Non-riverine Non-Riparian Coastal Mitigation Site Debited: NCEEP (List the name of the bank to be debited. Por umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debitedJ. Section to be compleled by the Mitigation Sponsar Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown be�o�v, and I cer[ify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document �see the table above�, associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance creditr for NCEEP), as approved 6y the US�CE, are currently availa6le at the mitigation site identified above. further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington Disvict Engineer may pursue measures agains[ Ihe Sponsor to ensure compliance associated with the mitigation requirements. of Sponsors Authorized Page 1 of 2 Form Updated 2 October, 2012 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 fonditions for Trensfer of Compensatory Mitigation Credih • Once this document has been signed by the Mitigation Sponsor and Ihe USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in tliis form, though the Permi[tee temains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed 6y the Sponsor, confirming that the Sponsor has accepted responsihility for providing the mitigation requirements lis[ed herein. For authorized impacts mnducted by the North Carolina Department of Transportation (NCDOT�, construc[ion within jurisdictional areas may proceed upon permit issuance; however, a copy of Ihis form signed by the Sponsor must be provided to the USACE within 30 days o( permit issuance. NCDOT remains tully responsi6le for the mitigation until the USACE has received [his (onn, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document mus[ be retained by the Permi[tee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the eank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and retumed to the USACE, the Sponsor must ohtain case-by-case approval from the USACE Projec[ Manager and/or North Carolina Interagency Review Team (NCIRT�. I( approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and induded in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager. Lori Beckwith USACE Pield Office: Asheville Regulatory Field OF(ice US Anny Corps of Engineers 151 Pat[on Avenue, Room 20S Asheville, North Carolina 28801-5006 Email: loretta.a.beckwith@usace.army.mil BECI<WITH.LORET �9�,a�;,=9�edb, 'dECY.\'AiH LORETfAANN.I I )3653E6f TA.A N N.1 1 734522 0�<=°S. o-° S. �o,""R="`o°`000, u=PR1,ou=USA. m=flECrclViRt LOFERA 2:lN, i I>3J5ttbc Lori Becktvith Fi4 _ o3�E:zmsazss v:is�s3�oaroo� JuIV 25, 2013 USACE Project Manager5ignature Date of Signature Current Wilmingion District mitiga[ion guidance, including information on mitigation ratios, hmctional assessments, and mitigation bank location and availability, and credit dassifications (induding stream temperature and wetland groupings) is available at ht[p://rihits.usace.arn�. Page 2 of 2 The Wilmington Districl is mmmitted to providing ihe highest level o( support [o the public To help us ensure we continue to do so, please mmplele Ihe Customer Satisfactian Survey tocated at ow vrebsiie at P�i in:/he.,ul;to�.us aczsu� �ey.mm/ to wmplete the survey online. U.S. ARMY CORPS OF ENGIN��RS WIL�IINGTON DISTRICT Action ID. 2013-01103 County: Hcudcrsou ��������� �ui. z s zoi3 G�N�RAL P�RMIT (R�GIONAL AND NATIONWID�) V�RITICATION�I���I�� ��� Properq� O���ner / Authorized Agent: North Cnrolina llepartment of Trnusnm•tntion Attn: Nlr. Marlc Dnvis Address: 253 Webster Rond S�'h�n. Nm•th Carolina 28779 Telephone No.: 828-586-2141 Size and location of properry (water body, road name/nwnber, to�an, etc J: The nroiect is located at 13ridee No. 301 mi SR 1593 (Rhodes Road) over Pwicheon Camp Creelc nenr Bat Ca��e in Hendersou Cow�tv, Nm•th Carolina. Description of projecis area and activity: In m�der to renlaee tlic bridec �vith a culvert, the permittee is authm•ized to imnact �ti�aters oPtl�e U.S. as follows: Swumai�� of Authm•ized Im �acts aud Re ui�•ed Miti ation linpact ]D # NVVP / Open Water (ac) �Vetland (ac) Stream (It) GP # Tempor�i}' Pennnnent Tem �orary Pennanent Temporary Permanent Site I (Puncheon 14 �8 (filVculcerf) Cainp Creek) Site lA 4I (fill/bench (Puncheon 14 Cam � Creek) construction) Site 16 (Puncheon 14 42 (fill/bench Camp Creek) construction) Site IC $5 (Puncheon 14 Camp Creek) (dewater) Site S2 35 (Punchcon 14 (filUculver� Camp Creek) fm• <letow•) Sitc S2A 60 (Punchcon 14 Camp Creek) (dewa[er) Impacl Totals Total Loss of �Vaters of the U.S. (ac) Total Loss of Waters ofthe O.S. Q� SS Required VVetland blitigntion (ac) Required Slream Miligation Q� 11G Applicable La�e � Section 404 (Clean �Valer Act, 33 USC 1344) ❑ Section 10 (Rivers and Ha�bors Act, 33 USC 403) Authorization: Regional General Permit Number: i�'atiouwide Permil Number: ld Your �vork is authorized by ihe above referenced permit provided it is aceomplished in sirict nccordance wilh Ihe attached conditions, your submit�ed plans, and the following special condi�ions: Specinl Couditions I. All ���ork musl be performed in slrict compliance with the descrip�ion of �vork and plans in �he application dated June 4, 2013. r1 ny modification to the description of �vork and/or N�e permit plaus musl be �pproved by Ihe USACE prior [o implementation. -2- 2. In order ro compensate for impacts associatecl �vith Ihis pennit, miliga�ion sh�ll be provided in �ccordance wilh Ihe provisions outlined on the most recent version oftl�e altached Compensator}' Mitigation Responsibiliq� "I'ransfer Ponn. The requiremenis of ihis forin, including any special conditions listed on this form, �re hereby incorporated as special conditions otlhis pennit autl�orization. 3. All condilions of the atlachecl Norlh Carolina \Vildlife Resources Commissiou letler ofJidy 2, 2013, are hereby incorporated as special conditions of this permi�. 4. The penni�tee shall require its conir�clo�s and/or agenls to comply �vith Uie terms �nd eonditious of ihis authorizntion letter in tl�e couslruction and maintenance of this project, nnd sl�all provide each of its coniraetors and/or agenls essociated with the consU�uction or maintenanee of this project with a copy of this aulhorizalion letter, all conditions, and any Tuthorized modificatious. A wpy ofthis authorization Ielter, nll conditions, and any aulhorized modifications, shell be available at the project site din-ing construction and maintenance ofthis prolect. 5. "I'his pennit does not authorize leroporaiy placement or double handling of excavated or fil I mTterial within wnters or �vetlands outside tlie permitted area. 6. Tl�e penni�tee wil I report any violation of these conditions or violations of Section 404 of the Clean AValer Act or Sectio�� I O of ihe Rivers and Harbors Act in writing to ihe AVilming�on District, U. S Army Corps of Engineers, within 24 hours of tl�e permitlee's discovery of ihe viola[ion. Any viol�liou of ihe noted conAi�ions or deviation from your sub�uitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verific�tion �rill remain valid until tl�e expiretion dnte ideutified belo«� unless the natiomvide authorization is modifiecl, suspended or revoked. If, prior to the espiration dete identified belo�v, the nntionwide permil au�horization is reissued and/or modified, ihis verifica�ion n�ill reinnin valid until the espiralion date identified below, provided it complies �vith all requirements of Ihe modified naliou�vide pennit. If the natiomvide permit aulhorization expires or is suspended, revoked, or is modifie<I, such that �he activity �vould no longer comply witli Uie terms and conditions of the na�ionwiAe pennit, activities which have conunenced (i.e., are under construction) or are under contraet to comntence in reliance upou the natiomvide penni�, �vill rem�in aulhorized provided �he aclivily is completed �vilhin twelve months of the date of the nationwide permiPs expiration, moditiention or revocation, unless discre�ionaiy authority has been esercised on a case-by-case basis to modify, suspend or revoke the aulhorizntion. Aclivities subject to Section 404 (as indicated ebove) mny also require an individual Seetion 40l �Vater Qu�liry Certifieation. ]'ou should contact the NC Division oflYnter Quality (felephone 919-807-6300) to determine Section 401 requirements. For activilies occw�ring wilhin the hventy coastal eounties subject to regula�ion under the Coastal Area Management Act (CAn4A), prior to beginning �vork you must cont�ct the N.C. Division of Coastal �-lanagement. This Deparhnent of the Army verifica�ion does not relieve tl�e permittee ofihe responsibility to obtain nny other required Pederal, State or local �pprovals/pennits. If there ave any queslions regarding this verification, any of ihe condi�ions of �he Permit, or dre Coips of Engineers regulalory program, please cont�ct Lori 6eck�rith at 828-271-7980. o�9�iany :�a�ed by BECKWITH.LORETi� oN"`''�Sa°� �oemmentov�DOD, CorpsRegulatoryOfticial: LoriBeckwitlip A�I�I 117'�QS��h�„°=eE��nTH onErrnnNN.iv3aszava Date: 2013.0I,25 I ]9595 -04'00' Date: J�dv 25, 2013 Espiration Date of Verification: March 18, 2017 -3- Determivatiou of Jurisdictiou: A. ❑ Bnsed on preliininary information, there appear to bc �v�ters of Ihe US including wetlands �vi�hin �he above described project area. "fhis prelimine�y de�enninn�ion is not an nppenlable action under the Regulatoiy Progr;�m Adininistrative Appeal Pincess ( Retcrence 33 CFR Part 331). B. ❑ There are Nnvigable AVaters of the United Slates within the above described project aren su�jeet to the permit requiremenis of Section 10 of the Rivers and Harbors Act and Seetion 40d of lhe Clean AVeter Acl. Unless there is a ch�nge in the I��v or our published regulntions, this delerinination may be relied upon for a period no[ [o exceed tive years from the dnte of this notitication. C. � There are �va�ers of the US and/or wetl�nds «�ithin the above described project area su�ject to Ihe permit rcquirements of Sec�ion 40d of the Clean �Vater Act (CV1'A)(33 USC y 13d4). Unless there is a change in �he Inw or our published regulations, ihis deterinination may be relied upon for a period not to exceed five years from the date of ihis notifiention. D. ❑'Ihe jurisdictional �re�s within the above described project �rea I�nve been identitied under a previous aclion. Ple�se referencejurisdictional determination issued _. Action ID E. Basis of Jurisdictional Detcrmination: The stream channel in the project area is Puncheon Camp Creek and it eshibits indicators of an ordinary high ���ater mark �nd hes perennial (low (IiPVV). Puncheon Cnmp Creek flows inlo Clear Creek, then into blud Creek, ihen to the French Brond River. The Prench Brond River is a water of the U.S. i�egulated pursuent to Seclion 10 ofihe Rivers and Harbors Act of 1899. Thisjw�isdiclional detennination is valid for Ihe impact �re�s only. Attentim� USDA Program Pnrticip:iuts This deline��ion/determination has been conducted to identify the limits of Corps' Clean \Vnter Acljurisdic�ion for the particular site identificd in ihis reques�. The dclineation/delermination may not be valid for tl�e �vetland conse�vntion provisioos of Ihe Food Secm�ity Act of 1985. If you or }'our tenant are USDA Program p�rticipnMS, or anticipate participation in USDr\ programs, you should request a certitied �vedand dctenninafion from the local oftice of the N�tural Resources Conserv�tion Service, prior [o starting wa�k. C. Appe,ils Informnfion ('fhis infm�mntion npplies only to npprovcd jurisdictional determinntions as indicated in I3 nnd C nborc). (This information applies only to npproved jurisdictional delerininalions as indicated in I3 and C nbove). 'I'his correspondence constitutes en approved jm�isdictional deterininalion for the above described sile. [fyou o�ject to ihis deleriniimtion, you may request en adminish�ative appeal under Corps regulalions at 33 CFR Par1 331. Enclosed you �vill find a request for nppeal (2FA) form. If you request to appeal this determination you umst submit n completed RI=A form to �he follo�ving address: US Ann}� Corps of Enginccrs South Atlantic Division � Attn: Jason Steele, Review Ofticer 60 Fors�rth Street S\V, Itoom IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 hi order for an RFA to be accepted by Ihe Corps, ihe Corps nuist determine thal il is comple�e, that it meets the cri�eris for �ppe�l under 33 CFR part 331.5, �nd that it has been received by Ihe Division Offiee within 60 days of the d�te of tl�e NAP. Should you decide to submit an RFA form, it nms[ be received �t tl�e sbove address by September 23, 2013. **II is not necess�ry to submit an RFA form to the Division Office if you do nol object to the detenuination in this Digitally signed by eon�espondence." BE�i(W�TH.L�RE� o`�`�us��o�uscoe��me��o���000, Corps Regulatory Oftici�l: Lori 6ec1<with p q�� ���q�r�26� °°=PN',°°=usn, —T\—I c�ELRi�RA-COREliT�14N.11J345226A Date:2013.0].�5 I ]:15:53 -04'00' Issue Date: J�dv 25, 2013 Espir�tion Dnce: Five years from Issae Dnte Pat McCrory Governor �'Fo�� ��— NCDENR North Carolina Departmenl of Environment and Natural Resources Division of Water Quality Thomas A. Reetler Acfing Director Approval of 401 Water Quality Certification witl� Additioual Couditions IvL'. J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva, North Carolina, 28779 Dear Mr. Setzer: John E. Skvarla, III Secretary June 1 I, 2013 Henderson County Bridge No. 301 Replacement DWQ Project 20130601 NCSR 1593 (Rhodes Road) �����&�7�� JUN 1 3 1013 �fV��A��i ��1 You have our approval, in accordance witli the conditions listed below, for the £ollowing impacts in Puncheon Camp Creek for the replacement of Bridge No. 301 with a double (2) barrel 73-inch W x 55-inch H by 58-foot L aluminized com�gated steel pipe arches (CSPA) on NCSR 1593 (Rhodes Road) in Henderson County: Site Sites 1, 1� Site 2. 2A 1C Stream Permauent Fill in Intermittent Stream (liuear ft) m acts in the French Broad River Basi❑ Floodplain Permanent Tempora�y Beuch and rill in Tmpacts in Streambank Perennial Perennial Stabilization Stream Stream 58 82 I 58 Total Stream Stream I�npacts Impact Requiring (linear ft) Mitigation 85 225 95 95 180 320 Total Permanent Streain Impacts fm• Project: 140 lin. fk Total Temporary Stream Impacts foi• Project: 180 linear ft. The project should be constnicted in accordance with your application dated June 4, 2013 (received June 4, 2013), includ'uig the environmental commitments made in the application letter. After reviewing your application, we have decided that tliese impacts are covered by General Water Quality Certification No. 3886, conesponding to tfte U.S. Army Coips of Engineers Nationwide Permit Number 14. Li addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approvalis valid solely for Uie purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a ne�v application. [f the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 1 Locatiorc. 2090 U,S. Hghe�ay 70. Sr�annanoa NoAh Carolina 28778 NOl�I1Ca1'01111a Phone:828�290-05001FAX:828�299-7043 ���'/N� /�� Intemel: en�n�inavaterqualiry.org K� � An Equal Opportunity'�, Affuma;ve P.rtion Emp'oyer Mr. J. B. Setzer, P.E. June 11, 2013 Page Two total wetland fills for tliis project (now or in the fiiture) exceed one acre, or if total impacts to streams (now or in the fi�hue) exceed I50 linear feet, compensatory mitigatiou uiay be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this np�roval to be valid, yote nx�st fol/otiv tJre co�tdrtiats listed in tlre nttnched cei7iftcatiat aird nny addrtioxnl coirditions listed beloiv. Conditiou(s) of Certifica6on: 1. There shall be no excavation fiom, or waste disposal into, jurisdictional �vetlands or waters associated �vith tliis pennit witliout appropriate modi£cation. Should �vaste or borrow sites, or access roads to waste or boiTOw sites, be located in �vetlands or streams, compensatory mitigation will be required since that is a direct impact from road constn�ction activities. 2. Sediment and erosion conhol measures shall not be placed in wetlands or waters unless othet�vise approved by this Certification. If placement of sediment and erosion control devices in wetlands aud waters is u��avoidable, they shall be removed and the nahiral grade restored upon completion of the project. 3. �rosio�� and sediment control practices must be in full compliance �vitli all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect sw�face waters standards: a. Tlie erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of tl�e North Carolinn Sedhnerrt and Erosron Conh�ol Plafrning arrd Desigrr Manunl. b. The design, installation, operation, and maintenance of tl�e sediment and erosion control nteasures must be sucli that they equal, or exceed, Hie requirements specified in the most recent version of tlie North Carolina Sediment and Erosio�i Conh•o( Mnnua[. The devices sliall be maintauied on all coustruction sites, borro�v sites, and waste pile (spoil) projects, including contractor-o�vned or leased bon�ow pits associated with the project. c. For borrow pit sites, the erosion and sediment couhol ineasures must be designed, installed, operated, and maintained in accordauce with the most recent version of the Nordi Crn•oli�ra Smface iLtii:i�tg Munual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requireme��ts of the Sedimentatiou Pollution Control Act. 4. In-stream work and land disturbance �vithin the 25-foot wide buffer zone are prohibited during the trout-spawning season of January 1 tluough April I S to protect the egg and fry stages of hout. 5. The permittee shall use /Design Standards in Sensitive Watersheds/ [ISA NCAC 4B.0124 (a)-(e)] in areas draining to trout waters. However, due to the size of the project, NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the masimum amount of uncovered acres. Temporary cover (wheat, tnillet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion conhol. Tall fescue shall not be used i�� tlie establishment of temporary or permanent gromidcover withiu riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunctiou �vith an appropriate native seed mix on disturbed soils within tlie riparian area and on dish�rbed steep slopes with the following exception. Erosion cont�rol matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place �vith staples, stakes, or wherever possible, live stakes of native h•ees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which cai� impinge and entrap small animals. For the establishment of temporaiy groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a feitilizer- and limestone-free tank is allowable at the appropriate rate in conjunction �vitli the erosion control measures. Discharging hydroseed mixtures and �vood or cellulose mtilcl� into surface waters in prohibited. Riparian areas are defined as a distauce 25 feet landward from top of stream bank. IvL�. J. B. Setzer, P.E. June 11, 2013 Page Three 6. Unless othei�vise approved in this certification, placement of culverts and other structures in open waters and sheams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage o£water and aquatic life. Design and placement of culve��ts and other stn�ctures including temporary erosion control measures shall not be conducted in a manner that may result in dis-eqi�ilibrium of �vetlands or streambeds or ba��ks, adjacent to or upstream and down stream of the above stn�chues. The applicant is required to provide evidence that the equilibriwn is being maintained if requested in writing by NCDWQ. If this condition is imable to be met due to bedrock or other limiting feahires encountered duriug constivction, please contact NCDWQ for guidance on how to proceed and to detemiine �vhether or not a pennit modification will be required. 7. If multiple pipes or banels are required, they sliall be designed to mimic natural stream cross section as closely as possible induding pipes or banels at flood plain elevation and/or sills �vhere appropriate. Widening tlie sh�eam chamiel should be avoided. Stream cfiannel widening at the inlet or outlet end of struch�res typically decreases water velocity causing sediment deposition that requires increased maintenance and disivpts aquatic life passage. 8. Shict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 9. The post-construction removal of any tempora�y bridge structures must reh�rn the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 10. AIl �vork in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities mamial such as sandbags, rock benns, cofferdams and other diversion sh�uchires shall be used to prevent excavatiou in flowing water. 1 l. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the sheam banks, as well as to vegetation responsible for maintaining stream bank stabiliry. Any applicable riparian buffer impact for access to stream cl�annel shall be temporary and be revegetated with native riparian species. 12. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 13. Native riparian vegetation (e.g. rliododendron, dog l�obble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season follo�ving completion of const�2�ction. 14. The use of rip-rap above the Nornial High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 1 S. Rip-rap shall not Ue placed in tlie active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or shvctures should be properly designed, sized and installed. 16. Heavy equipment shall be operated from the banks rather than in the sheam channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 20. If concrete is used during consh•uction, a dry work area shall be maintained to prevent direct contact behveen curing concrete and sheam water. Water that inadvertently contacts uncured concrete shall not be discharged to surface �vaters due to the potential for elevated pH and possible aquatic life and fish kills. 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certifcation. 22. A copy of this Water Quality Ce�rtification shall be maintained on the co�struction site at all times. In addition, the Water Qualiry Certification and all subsequent modifications, if auy, shall be maintained with the Division Engineer and the on-site project manager. IvL�. J. B. Setzer, P.E. June ll, 2013 Page Four 24. During the construction of tlie project, no staging of equipment of auy kind is permitted in �vaters of the U.S, or protected riparian buffers. 25. The outside buffer, wetland or water bom�daiy located withiu the consh'uction corridor approved by this autliorization sliall be clearly marked by highly visible fencing prior to any land dish�rbing activities. Impacts to areas within the fencing are prohibited unless otheilvise autl�orized by this certification. 26. Tlie permittee and its authorized agents shal] conduct its activities in a maimer consistent with State water qualiry standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) a��d any other appropriate requirements of State and Federal law. If NCDWQ determines that such sta��dards or laws are not being met (including the failure to sustain a designated or achieved use) or tliat State of Federal Iaw is being violated, or that finther conditions are necessa�y to assure compliance, NCDWQ may reevaluate and modify this certification. 27. The issuance of this certification does not exempt the Pe�n�ittee form complying with any aud all statutes, rules, regulatioi�s or ordinances that may be imposed by otlter government agencies (i.e. local, state, and fedecal) having jurisdiction, includ'u�g but not limited to applicable buffer niles, stonmvater managemeut ililes, soil erosio�� a��d sedimentation control requirements, etc. 28. The Pet�nittee shall repo�t a�ry violations of this certification to the Division of Water Quality �vithin 24-hours of discovery. 29. Upon completion of the Engineer shall complete work included in the §40 project (including any impacts at associated borrow or waste sites), the NCDOT Division and return the enclosed "Certification of Completion Fonn" to notify NCDWQ �vhen all I Certificatioi� has beeu completed. Violations of any condition herein set forth may result in revocation of this Ceitification and may result in criminal and/or civil penalties. This Certification sliall become null and void unless the above conditions are made conditions of the Pederal 404 and/or Coastal Area Management Act Pe�mit This Certification shall expire upon the expiratio�t of the 404 or CAMA pennit. If this Cedification is unacceptable to you have the riglrt to an adjudicatory hearing upon written request within sixty (60) days follo�ving receipt of this Ce�tification. This request must be in the fornt of a written petition confonning to Chapter 150B of the North Carolina General Stah�tes a�id filed with the Office of Adtninish'ative Hearings, 6714 Mail Se�vice Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certificatiov, you have the right to an adjudicatoiy hearing on the modifications upon writteu request within sixty (60) days following receipt of the Certification. Unless such demands are made, tltis Certification shall be fival and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions, please telephone Mr. Milce Parke� of tlte Asheville Regional Offlce at 828.296.4500. Sincerely � d���/ 1�. �L/� v for Thomas A. Reeder Attacfunents cc: Lori Beck�vith, USACE, Aslieville Field Office Mark Davis, Divisio�� 14, DEO Ben DeWit, Roadside Enviromnental Marla Chambers, NCWRC Transportatiai Permitting Unit Asheville Regional Office 130601 (Setzer) Replace Bridge 301 NCSR 1593 (Rhodes Road)