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:
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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
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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
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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)