20040483 Ver 1_Complete File_20040329

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. Box 25201, RALEIGH, N.C. 2761i-52o1 LYNDO TIPPETT
GOVERNOR SECRETARY
P.O. BOX 47, 1710 East Marion Street
Shelby, N. C. 28151-0047
March 22, 2004
it ° V0 4,911
Mr. Steve Lund - NCDOT Projects MAR 2 9 2004
US Army Corp of Engineers
151 Patton Avenue, Room 208
Asheville, N. C. 28801-5006
Dear Mr. Lund:
The North Carolina Department of Transportation, Division of Highways, submits the following
project for your issuance of a Section 404 Permit. This Office requests a Nationwide # 3 and #33 for
the subject project.
COUNTY: Lincoln
LOCATION: Pipe Replacement on SR 1194, Howard's Mill Road
STREAM: Unnamed Tributary to Howard's Creek, (from source to South Fork River
Catawba), Class C Waters, Catawba River Basin
PROJECT DESCRIPTION: The project consists of the replacement of two deteriorated 84" by 70
foot CUT with two 96" by 70 foot CMP with inlet and outlet headwalls. Five feet of riprap will be
placed on the stream banks below the average high water mark to protect the structure. Based upon
the established thalweg profile, the slope of proposed pipe was calculated to be -1%; therefore
stream destabilization from pipe installation is not anticipated. NCDOT plans to install the main flow
pipe-one foot below the existing streambed elevation to promote aquatic passage; however, bedrock
was observed downstream of the existing pipe, therefore the pipe burial of one foot may not be
possible. The second pipe is to be installed offset from the main flow pipe to accommodate flood
flows. Flood plain benches will be constructed at the inlet and outlet of the flood flow pipe to
maintain channel dimensions. Temporary cofferdams/bypass piping will be used to divert flow around
the work site during construction. Upon project completion, the cofferdams will be removed and
area restored to pre-project conditions. Enclosed is a PCN application, sketches of planned
activities, and location maps relative to the proposed project.
Mr. Steve Lund
Pipe Replacement, SR 1194
March 22, 2004
Page 2
This project is located within a WS-IV watershed, but is not within the critical watershed area.
Additionally, Howard's Mill Road, SR 1194, is not classified a rural or urban arterial; therefore, no
hazardous spill basins are required for this project. Enclosed is the NCDOT hazardous spill basin
checklist.
A review of the Natural Heritage information for the threatened species listed for Lincoln County,
the Dwarf-Flowered Heartleaf (Hexastylis nanflora) and Michaux's Sumac (Rhos michauxii)
revealed no known sites in the vicinity of the proposed project. A survey for these species was
conducted within in the project area on March 17, 2004. It was determined that neither species were
located in the proposed project area. No impacts on either species are anticipated. A review of the
available information from the National Register of Historic Places was also conducted. It is
anticipated that no site listed on the National Register will be affected by the proposed project.
Your earliest consideration for this request would be greatly appreciated. Should you have any
questions, please call me at 704-480-9020.
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
BY:
Trish Simon
Division 12 Environmental Supervisor
Enclosures
cc: Mr. Michael L. Holder, P.E., Division Engineer
Mr. Dan Holderman, P.E., Bridge Maintenance Engineer
Mr. Ron Linville, Wildlife Resource Commission
Mr. Brian Cole, U. S. Fish & Wildlife Service
Mr. Neil Trivette, Roadside Environmental Field Operations
Mr. John Dorney, DENR, DWQ, 401/Wetlands Unit
Mr. Mike Parker, DWQ, Asheville Regional Office
File
Office Use Only: Form Version October 2001
040483
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #3 and
#33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mike Holder. NCDOT
Mailing Address: P.O. Box 47
Shelby, NC 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Trish Simon
Company Affiliation: NCDOT
Mailing Address: P.O. Box 47
Shelby. NC 28151
Telephone Number: 704480-9044 Fax Number: 704480-5401
E-mail Address: tsimon d dot.state.nc.us
Page 1 of 8
IIL Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicaas discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Pipe replacement on SR 1194 (Howard's Mill Rd.). Lincoln County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 128.205512
3. Property Identification Number (Tax PIN): NCDOT Ri of way
4. Location
County: Lincoln Nearest Town: Vale
Subdivision name (include phasellot number): NA
Directions to site (include road numbers, landmarks, etc.): Hwy. 27 west of Lincohrton,
turn right onto SR 1194, Howard's NO Road, project site at intersection of SR 1195 and SR
1194.
5. Site coordinates, if available (UTM or Lat/Long): 35°29'58.88"N 081°22'26.32'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Pipe on a paved secondary road
7. Property size (acres): 0.2 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Howard's
Creek
9. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mat)s/.)
Page 2 of 8
10. Describe the purpose of the proposed work: The project consists of replacing two lines of 84"
by 70 foot CMP with two lines of 96" by 70-foot CUP with inlet and outlet headwall and
associated 69-rap.
11. List the type of equipment to be used to construct the project: A trackhoe will be used
for excavation and placement of riprap.
12. Describe the land use in the vicinity of this project: Forested woodlands
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests anticipated,
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts: NONE
Wedand Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100 year Floodplain**
estno) Distance to
Nearest Stream
(Iinear feet
Type of Wetland***

Page 3 of 8
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fem&gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0
2. Stream Impacts, including all intermittent and perennial streams
stream
Impact Site of ct
Length
Imt Average Width Perennial or
Number Type of Impact* r feet)
(linear Stream Name** of Stream Intermittent?
(indicate on Before Impact (please specify)
ma
Class B riprap on psftarn
- 5 Unnamed
1 streambank for Do
5 ft tributary to 15 Perennial
structure stabilization Howard's Creek
2 Temporary 20 "
Cofferdams
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
* * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usss.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tooozone.com,
www.mmuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Permanent impacts =10 ft;
Temporary impacts = 20 ft.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S. NO OPEN WATER IMPACTS
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond' estuary ' sound,
indicate on map) acres bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation NO POND CREATION
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands - ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Page 4 of 8
Proposed use or purpose of pond (e.g., livestock watering,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing pines have expended their service life and must be replaced in order to maintain the
integrity of the roadway and shoulder. The two pines will be replaced with the same length,
slightly larger diameter 1 ipes therefore there is no net loss of stream footage. NCDOT plans to
bury the main flow pine one foot below existing streambed elevation. Bedrock is present
downstream of the site, therefore burial of the new pipe one foot may not be possible. The flood
flow pipe will be offset -1 foot above the main flow pipe to accommodate flood flow.
Floodplain benches will be provided upstream and downstream of the flood flow pipe.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
irrigation, aesthetic, trout pond,
Page 5 of 8
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
IMPACTS < 150 FEET; MITIGATION NOT ANTICIPATED
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approval before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htm://h2o.enr.state.nc.us/wrp4udex.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require. preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Page 6 of 8
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* mp Impact feet
(sq Multiplier Mitiuir n
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
NA
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No additional impervious surface is proposed in this project
X11L Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
NA
XHL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 7 of 8
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Downstream of existing pipe
Existing pipe inlet
Existing pipe outlet
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Name: LINCOLNTON WEST Location: 035° 29'58.88" N 081° 22'26.32" W
Date: 3/16/2004 Caption: Pipe Replacement, SR 1194, UT to Howards Creek, Class C
Scale: 1 inch equals 1000 feet Waters, Catawba River Basin
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NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 12 County: Project ID: /Z3.zv6SiZ
River Basin: Bridge No: P/OE (P, z&O)
Route: 5-;9 Stream: 70 'u," l ac
Water Quality Criteria:
Yes No
Stream Crossing Blue Line On USGS F" r
ORW r r,?
WSI r fr?
WS 11,111 OR IV, Crossing Within 0.5mi of W.S. Critical Area r r??
Roadway Criteria:
Route Designation-
Additional Site Information:
Yes No
Arterial Urban r rv'
Arterial Rural r r-`
Yes No
Is a Hazardous Spill Basin Required? F r?
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).
y}y asFNEo
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GovERNOR SECRETARY
e
MEMO TO: John Dorney, DENR, DWQ, 401/Wetlands Unit
MAR 2 9 2004
FROM: Trish Simon, Division 12 Environmental Supervisor j(
DATE: March 22, 2004
SUBJECT: Pre-construction Notification
Enclosed for your review is a courtesy copy of a pre-construction notification permit
application for a pipe replacement project in Lincoln County.
is
04 81b
Post Office Box 47 Shelby, North Carolina 28151-0047