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HomeMy WebLinkAbout20011453 Ver 1_Complete File_20011008? F W AT>cR Michael F. Easley pG Governor -O William G. Ross,-Jr., Secretary Department of Environment and Natural Resources p -? Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality DWQ Project No.: County: Applicant: rr?? 14- Project Name: ` zo`41, Date of Issuance of 401 Water Quality Certification: l? / Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetiands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer.lt is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, C- / - ? AyL hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved pl ?s d sp do a other su orting terials. Signature: *Il- - - Me: /?3/ D Z J' , c1, /Z 1,3/2 , 744A-177. 457__?,Q. If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date 06M Division of Water Quality Wetlands/401 Unit (919) 733-1786 1650 Mail Service Center Raleigh, NC 27699-1650 O? WATF R Michael F. Easley, Governor O' pG William G. Ross Jr., Secretary - North Carolina Department of Environment and Natural Resources \ 7 Gregory J. Thorpe, Ph.D. > Acting Director p Division of Water Quality October 11, 2001 Cleveland County DWQ Project No. 011453 Bridge No. 47 Replacement on SR 2036, 0.6 mi. north of US 74 Bus. APPROVAL of 401 Water Quality Certification with Additional Conditions Ms. Trish Simon, Division Environmental Officer NCDOT Division 12 P.O. Box 47 Shelby, NC 28151-0047 Dear Ms. Simon: You have our approval, in accordance with the attached conditions and those listed below, to incur 70 linear feet of impacts from culvert and riprap apron and 65 linear feet of impacts from riprap needed for stabilization for the purpose of replacing Bridge No. 47 over Potts Creek on SR 2036 in Cleveland County. The project should be constructed in accordance with your application dated October 4, 2001 (received October 8, 2001). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In 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 approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us in writing and send us a new application. If 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 total wetland fills for this project (now or in the future) exceed one acre or if stream impacts exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Temporary or permanent herbaceous vegetation shall be planted on all bare soil within 10 days of ground-disturbing activities to provide long term erosion control. 2. Stormwater shall be directed through vegetated buffer areas or retention basins, and not routed directly into the stream. 3. All culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. Culverts shall be installed one foot below the stream to allow for fish and other wildlife movement. 4. All work shall be performed during low flow conditions. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://*n2o.enr.state.nc.us/ncwetlands/ 5. 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. Heavy equipment should be operated from the bank rather than the stream channel. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 6. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 7. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If necessary, rip-rap must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 8. Rock silt screens at culvert outlets shall be removed at project completion. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 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 Ms. Cynthia Van Der Wiele at 919-733-9646 or Mr. Pete Colwell of the Mooresville Regional Office at 704.663.1699. Sincerely, I Wtig ho e, Ph.D. tor Att achment Pc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Mooresville Regional Office Central Files File Copy FILE COPY TO: John Hendrix, USACOE Asheville Field Office FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: October 9, 2001 SUBJECT: NCDOT, SR 2036, Countryside Road, Bridge No. 47 Replacement, Cleveland County The North Carolina Department of Transportation (NCDOT) is requesting a concurrence letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed the proposed improvements and are familiar with habitat values of the project area. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). NCDOT proposes to replace the existing deficient steel and timber bridge with a 60-foot long, 12" x 11" triple barrel reinforced concrete box culvert. The project involves a new bridge location on Potts Creek impacting 60 feet of stream. Only one barrel will receive base flow and channel dimensions will be maintained. Potts Creek is not a trout water stream. We will not object to the project as proposed in the application submitted by Ms. Trish Simon on October 4, 2001 provided that the following conditions are implemented: 1. Disturbance of the stream channel must be limited to only what is necessary to install the culverts. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 2. The culverts should be designed and constructed large enough so all waters can flow without freefalling or damming on either end during low flow conditions to maintain Bridge No. 47, Potts Creek 2 October 9, 2001 aquatic life passage. The culverts should be buried F into the streambed. The dimension, pattern, and profile of the stream above and below the culverts should not be modified by widening the stream channel or reducing the depth of the stream. Where disrupted, natural floodplain benching should be restored. 3. Stn e t r io5i0 t easures should be installed where soil is disturbed and'am1 id lpo ct completion. i 4. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of ground disturbing activities to provide long-term erosion control. NCDOT should utilize onsite native vegetation and materials for streambank stabilization, rather than excessive riprap (or hard stabilization methods) to the extent practicable. The use of riprap should be minimized as much as possible. 5. Work must be accomplished so that wet concrete does not contact stream water. 6. Stormwater should be directed through buffer areas or retention basins and not routed directly into streams. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at (336) 527-1549. cc: Cynthia Van Der Wiele, NCDWQ Trish Simon, NCDOT a? STATE of NORTH CAROLINA 01 1453 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY P.O. Box 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETT GOVERNOR SECRETARY P. 0. BOX 47, 1710 East Marion Street Shelby, N. C. 28151-0047 FILL October 4, 2001 Mr. John Hendrix US Army Corp of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N. C. 28891-5006 (Ii 1 Dear Mr. Hendrix: The North Carolina Department of Transportation, Division of Highways, proposes the following project for your issuance of a Section 404 Permit. We believe this project can be accomplished under General Permit No. 198200031. COUNTY: Cleveland LOCATION: Bridge #47 Replacement on SR 2036, 0.6 mile north of US 74 Business STREAM: Potts Creek PROJECT DESCRIPTION: NCDOT proposes to replace an existing deficient steel and timber bridge with a 60-foot long, 12' x 11' triple barrel reinforced concrete box culvert with concrete headwalls. The box culvert will be placed on new location due to the partial realignment of SR 2036. The existing bridge will remain on the old road alignment to be used as part of a walking trail at a later date. Riprap will be used at the inlet and outlet culvert headwalls and embankment for stabilization and a 5-foot riprap apron will be installed at the inlet and outlet of the culvert. It is also proposed that riprap faced floodplain benches be constructed at the inlet and the outlet of the "dry" cell culverts to maintain low flow through the center main flow culvert as well as to maintain channel dimensions. The culvert will be placed below the existing streambed elevation. A site location map, soil survey map, photographs of the site, and a sketch of planned activities are attached. n ?T 'r Mr. John Hendrix Page 2- BR#47,SR 2036, Cleveland County October 4, 2001 An USACE Nationwide 14 permit (Action ID 200130946, by memorandum dated 8/27/01) and DWQ approval (Project Number 010853, 6/6/01) has been previously issued for a portion of this project. (See attachment). The previous project approved under the permit/certification was the realignment of a 330 feet section of SR 2036 and the placement of a 64 foot, 48" CMP on an unnamed tributary to Potts Creek impacting 68 feet of stream. A 10-foot section of the old pipe remains in the channel due to the presence of a natural gas line above the pipe. The 330-foot road realignment and the pipe placement on the unnamed tributary of Potts Creek have been completed. The remaining section of SR 2036 to be realigned will be completed in conjunction with the culvert installation. The stream impacted by the proposed project is Potts Creek, which is classified Class C waters and is located in the Broad River Basin. There are no wetlands involved in the project. The project is not located on an urban arterial roadway, nor is the stream located in the vicinity of a critical or protected water supply watershed area; therefore, hazardous spill basins are not required. Enclosed is the NCDOT hazardous spill basin checklist. It is proposed that the watercourse be blocked using sandbags and pumped around the construction area during the culvert installation following NCDOT best management practices for pipe/culvert placement activities. The diversion will extend approximately 15-20 feet beyond the length of the extended culvert. A review of the Natural Heritage information for the threatened species listed for Cleveland County, the dwarf-flowered heartleaf (Hexastylis naniflora), did not reveal any known sites in the vicinity of the proposed project. I have conducted a survey for the dwarf-flowered heartleaf in the proposed project area on March 5, 2001. None were observed. No significant effect on this species is anticipated. There are no National Register listed sites or eligible properties located in the proposed project area. Enclosed is a concurrence form for this project from the State Historic Preservation Office. By copy of this letter, we are asking Neil Trivette, NCDOT Area Roadside Environmental Engineer to comment on the above project. By copy of this letter, we are also requesting concurrence from the Wildlife Resources Commission and U.S. Fish & Wildlife Service. By copy of this letter, I am forwarding seven (7) copies of the application package to John Dorney, NCDENR, Division of Water Quality, 401/Wetland Unit for review. A $200.00 check is enclosed for application processing. Your earliest consideration for this request would be greatly appreciated. Should you have any questions, please call me at 704-480-9020. Mr. John Hendrix Page 3- BR#47,SR 2036, Cleveland County October 4, 2001 BY Enclosures Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division Trish Simon Division 12 Environmental Officer cc: Mr. Michael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Neil Trivette, Area Roadside Environmental Engineer Mr. Ron Linville, WRC Mr. Brian Cole, USF & WS Mr. John Dorney, DENR/DWQ/401/Wetlands Unit (7 copies) File Office Use Only: Form Version April 2001 01 1453 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. 1. 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: GP #198200031 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: ? H. Applicant Information 1. Owner/Applicant Information Name: Mike L. Holder, N.C. Department of Transportation Mailing Address: P.O. Box 47 Shelby„ North Carolina 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: N.C.Department of Transportation Mailing Address: P.O. Box 47 Shelby, North Carolina 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimon@dot.state.nc.us Pagc 3 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Countryside Road (SR 2036 realignment project- Bridge #47 Replacement south of new industrial access road. 2. T.I.P. Project Number (NCDOT Only): R-4439 3. Property Identification Numbers (Tax PINs): 4. Location County: Cleveland Nearest Town: Kings Mountain Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take Bypass 74 West from Charlotte. Exit at Hwy 216 exit. Turn left off of bypass and travel .15 mile to SR 2026. Take right onto SR 2026 and travel 1.2 miles. Turn left onto SR 2034 and travel 0.5 miles. Turn right onto SR 2036 and proceed approximately 1.5 miles to project site. 5. Site coordinates, if available (UTM or Lat/Long): 35°14'50N/81°24'01 W (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: Existing road (SR 2036) is a paved road. A section (-450 feet) of this road has been realigned to provide safer travel onto a new industrial access road. The increased industrial development in the area has necessitated the change in road alignment and the replacement of the bridge. 7. Property size (acres): 0.3 acres (NCDOT right of way) 8. Nearest body of water (stream/river/sound/ocean/lake):Potts Creek, Class C Waters 9. River Basin: Broad Page 4 of 12 (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.ne.us/admin/maps/.) 10. Describe the purpose of the proposed work: The second phase of this project consists of the realignment of the remaining section of SR 2036 to provide safe travel onto a newly constructed industrial access road. Work will consist of new road construction and paving to current standards, and the replacement of Bridge #47 with a 60-foot long, 12'x11' RCBC triple barrel culvert with headwalls and associated riprap for stabilization Additionallya 5- foot riprap apron will be installed at the inlet and outlet. Riprap faced floodplain benches will be constructed at the inlet and outlet of the "dry" cell barrels to maintain low flow through the center barrel and to maintain the stream channel dimensions. 11. List the type of equipment to be used to construct the project: Work will be done using typical heavy construction: bulldozers, pans trackhoes backhoes rollers and pavers 12. Describe the land use in the vicinity of this project: The surrounding area at this time is wooded and residential, with industrial buildings currently being built in the area It is anticipated that industrial development will continue. The anticipated change in traffic in the area has necessitated the new road alignment and the replacement of a substandard bridge 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. An USACE Nationwide 14 permit (Action ID 200130946, by memorandum 8/27/01) and DWQ 4pproval (Project Number 010853: 6/6/01) has been issued for the partial realignment and a pipe placement on SR 2036. The permit application date for this project was 6/4/01. (see attachment. The project approved under this permit/certification was the partial realignment 330 feet of SR 2036 and the placement of a 64 foot, 48" CMP on an unnamed tributary to Potts Creek impacting 68 feet of stream. A 10-foot section of the old pipe remains in the channel due to the presence of a natural gas line above the pipe. The 330-foot road realignment and the pipe placement on the unnamed tributary of Potts Creek have been completed. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No additional permit requests are anticipated. Page 5 of 12 VL 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. I. Wetland Impacts NO WETLAND IMPACTS Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100 year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ss 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:/h;uAv.femagov. •.• 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 Total area of wetland impact proposed: 0 2. Stream Impacts, includin all intermittent and perennial streams Stream Impact Site Number Length of Average Width of Perennial or (indicate on Type of Impact* Impact Stream Name** Stream Before Intermittent? (linear feet) Impact (please specify) ma 1 Culvert 60 ft Potts Creek 16 R Perennial 1 5 ft riprap apron loft " at inlet and outlet Riprap at inlet 65 ft (35 ft and outlet culvert upstream of I headwalls and on culvert, 30 ft " embankment for downstream of stabilization culvert) Temporary - 15-20 ft 1 Stream upstream & Diversion downstream of new culvert Page 6 of 12 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 w,%Nm,.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., vy"rw.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Culvert and riprap apron = 70 ft; Riprap for stabilization = 65 ft. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. NO OPEN WATER RVIPACTS 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 ma acres ba etc. , ocean, • 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The new road alignment and subsequent bridge replacement is necessary to provide safe travel for the traffic to a newly constructed industrial access road. It is proposed that "floodplain benches" be constructed at the inlet and outlet of the "dry" cell culverts of the triple barrel culvert to maintain low flow through the main flow culvert as well as to maintain channel dimensions. Page 7 of 12 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 USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmiaide.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) 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. FILL IMPACTS TO POTTS CREEK = 70 FEET• FILL IMPACTS UNDER PERMIT FOR PREVIOUS PHASE OF PROJECT ON AN UNNAMED TRIBUTARY TO POTTS CREEK = 34 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 approved 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 http://h2o.enr.state.nc.us/mTp/indcx.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 8 of 12 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 (919) 733-5083 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 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* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total one 1 extends out 30 feet perpendicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 9 of 12 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. N/A XL 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. Partial realignment and paving of SR 2036 will result in impervious road surface: however, a comparable amount of existing impervious surface will be removed. Erosion and sedimentation control measures will be in place during; construction. X UL 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. N/A XM. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No N Is this an after-the-fact permit application? Yes ? No N 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 r /G -- y-(. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 12 _G?fIsS ?t eiA?A(' C 4 caeu6 5 mss g?2v?.? "ytlb 1jiLCr 4 -oc n-ler P-vP05ab 7-a//le 55C Z O'' C FLvv? A=r4iv f?C..?f? ? I 10 ?iyH ? 4- coe?.?' I I 17-4 z 1+44 I ? 6LkS77,v<j 77 "p,6C -PC re's c¢?C i ?Cw577?ut? 5G'Za?'' 7D 6& 14?A??D?I ? LAO _5 Cr lAiuc-tr aF i'2o?5 7 _ / IZ r' ' ?EC.o? C?ISf?? sn??-? ?g?? ?2e? ?r L L ,e -4439 U• So d 4 S SC-4c,5 I a4-0 ' IJG ?a7' ?Z - bewgc mA•IUT+wAAz! SQ, Zo3lo TLGI?LhCErrtr aG Be. 41147 + ` ,+ ..,? "fie '?. ?ti.. ' !• e .11 QI_ •: "'s'ue «„ Lrf !A A? f$` f??'",1, 1??,+, yf ?? ? rr?- ?` Y1^ f _ lo, 1 t__ ' r I 41 14 ceh'Tnt -w..? po- 800 4`;C?y .ter , 'q ' ?'."''?" t`'? f ' ?f.-'°?"'.'-----f•_ f?I.• ?NJ ??? - - .. • ? ?f r?. ,? v `•1 ? ••n+. ?,..,..? :? mfr .f s 4 t rte' 1 • i a +v, i • i?1 /. •`y Y,AN •:4 •.) Y?^ j'..v``"4S f'a't t `,_: hs y » ; F 6* W Name: GROVER Location: 035° 14'52.5" N 081 ° 24'00.0" W Date: 10/1/2001 Caption: Bridge # 47 Replacement on SR 2036 (nw alignment), Potts Scale: 1 inch equals 1000 feet Creek, Class C Waters, Broad River Basin o? r i + s Qo Y' t? 4 0 8 by e? i L J V ? N i W 1 1 ~09 u Ln 111 1] ? 1 w 1 J? ? N e Y S Z ? ?, ?1 uT ON c ,o nn o 00.0 o C W Z W 7774. y u W W W `37. 4 p 3 y? - ? 5'' 3a9 r. ? 37BZ ?. ?. I t: f •3 TA 548 'i Z 3BC' ? ..- 5'18 368 •* `? ~ .ti. a c ?` ` - 389 _ x .r.38B J 137ct _ t3 Y U7c + Sea eee , r+• '. 1 ?75L ? • ? ?: ; ?M?i .4 f S 39t ff', r11nzF `' 385; f h y S t y .r+ r ??t; . ° ll 7az _I _, ,?,. •?; ?B1 3782' ? ^%il 'q' 1318L h37p :.? P? a 1 ` M .t. 3781 A • 13.7Bi I .137BA?. y _ 37c 3 L 1. ?' ?L. •, 137821 3192 n ?`1i `' 3761 3762 t ._ •Ad B, ar',•?;" •sx ?y1 ?S:jf , -- 3781 'r 3i a t! ? ;. 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J 8C 388 1( • i , Upstream of Bridge #47 on SR 2036 on Potts Creek in Cleveland County Downstream of Bridge #47 on SR 2036 on Potts Creek in Cleveland County F 3 1 i I I i i I { ? ? i ' i 4i I I. I ? I Site of culvert placement on Potts Creek in Cleveland County INTERMITTENT CHANNEL EVALUATION FORM ACTION ID APPLICANT NAME UL-ooT DATE PROPOSED CHANNEI, WORK (i.e., culvert, relocation, etc.) ?t oe i P.? tilt f't11tt n.) r'Cr Y M 3 C4 WATERBODWRIVER BASIN ??,4'+.s ire f K, &a J 002,S ? r1 COUNTY/CITY IP V (n ( /?/?.??J RECENT WEATHER CONDITIONS P SP NP Observation Comments or Description ? Fish/Shellfish/Crustaceans Present Benthic Macro Invertebrates t? Amphibians Present/Breeding Algae And/Or Fungus (water quality function) Wildlife Channel Use (i.e. tracks, feces, shells, others) Federally Protected Species Present (Discontinue) Riffle/Pool Structure Stable Streambanks Channel Substrate (i.e. gravel. cobble, rock, coarse sand) Riparian Canopy Present (SP =/> 50% closure) ? Undercut Banks/Instream Habitat Structure u''? Flow In Channel Wetlands Adjacent To/Contig. With Channel (Discontinue) Persistent Pools/Saturated Bottom (June through Sept.) Seeps/Groundwater Discharge (June through Sept.) Adjacent Floodplain Present Wrack Material or Drift Lines flydrophytic Vegetation in/adjacent to channel Important To Domestic Water Supply? Y O Does Channel Appear On A Quad Or Soils Map? YD N Approx. Drainage Area: 200r) Determination: Perennial Channel (stop) Important Channel: LF PROJECT MGR Initials Intermittent Channel (proceed) ? Unimportant Channel: LF Ephemeral Channel (nojd) (attach map indicating location of important/unimportant channel) Ditch Through Upland (nojd) I X Evaluator's Signature: (if other than C.O.E. project manager) P-Present SP =-Stongly Present NP=Not Present 11/4/98 NCDIVQ Stre-im Classitiention Forin Prolcn Name: i1, l i y? G •? LJ T River Basin: ' I DWQ Project Number. Nearest Named Stream: County: C ?? 4 rt? Latitude: Signature: .---t t- Date USGS QUAD: ?? ,r r Longitude: 1 V LoeatioNDimetions: 7 - *PLEASE NOTE: !/rra(aaror and /endownrr agrrr Wrr rh, jew .e 4 a man-dr ditch. then asr o/rh4/erer 4 nor mere. A4e, i/(n the brrt pr%ssional jofgenrew o/th...laator, the ft i.n it a man-wad. ditch and nor a md(ifld attars! snare--this rating syst.w should not be wed• Primary Field indicators: rciKfrop.Nawerrre.up.? any Absent \V n I) Is Them A RiMc-Pool Sequcnce7 00 01 03 2 Is The USDA Texture In Simarnkii 00 01 0 Different From Surmunding Tem. in? 2 J) Are Natural Levees Present? 00 01 02 ?.? 4) Is The Channel Sinuous? 00 01 02 S) Is Them An Active (Or Relic) Floodplain Present? 00 01 02 2 6) Is The Channel Braided? 00 01 0 2 T) Are Recent Alluvial Deposits Present? 00 01 0 2 PI-11- 8) Is There A Bankfull Bench Present? 00 01 0 2 Cyr - - Is A Continuous Bed & Bank lament? 9) r' A'OM fled d sank Card By D111ht.1AN IYITHOUr Sbwarny rhrn Store-0 p 01 02 0 Is A 2nd Order Or Greater Channel (As Indicated On Topo 10) Man And/Or In Field) Present? yes•2 0 No-0 PRIMARY GEOAIORPHOLOGY INDICATOR POINTS. 1t. Hydrolo Absent #VALUE! Weak Moderate Strong 1) Is There A roundwater G Flow/Discharge Present? 00 01 Ci"2 03 PRIAIAR Y HYDROLOGY INDICATOR POINTS. Ill. Biology Absent #VALUE/ Weak Moderate Strong t) Am Fibrous Roots Present In StreambedT Gl< 02 01 00 2) Are Rooted Plants Present In Streambed? Q-4111, 02 01 00 )) Is Periphyton Present? 00 01 Q 03 4) Arc Bivalves Present? 00 V, 02 03 PRIMARY BIOLOGY INDICA TOR POINTS. Secondarv Field Indicators: rar4oprHa.er rrrun.? 1. Ccomor hula I I Absent #VALUE! Weak oderate trong 1) Is Them A Head Cut Present In Channel? 00 S 01 01.5 2) Is Them A Grade Control Point In Channel? 00 00.5 01 G"f -5 Does Topography Indicate A 3) Natural Drainage Wry? 00 00.5 01 fsd'L5 SECONDARY GEOAIORPHOLOGYINDICATORPOINTS. if. Hydrology t5 Absent #VALUE1 Weak Moderate Strong Is This Year's (Or Last's) Lcalliuer 1) Present In Stmambed? 1S 01 00.5 00 2) Is Sediment On Plants (Or Debris) Present? 00 00.5 01 (0..- 7) Are Wrack Lines Present? 00 00.s 01 C7 1.5 Is Water In Channel And >48 Hrs. Since (o? 0p Last Anown Rain? (•NOTE: Ifimm lnd-w fn 09 Abo a Skip TAU Srrp Ad rl B'/ ,.•) O OS O l IS Is Thcre Water In Channel During Dry 5) Conditions Or In Growing Season)? 00 O od 01 6) Are Hydric Soils Present In Sides Of Channel (0, U He.dea07 Yes-1.5 0 Ho.0 SECONDARY H)'DROLOGYINDICATORPOINTS. 111. Biology 9 Absent #VALUE( Weak Moderate Strong 1) Am Fish Present? 00 0.5 01 01.5 2) Are Amphibians Present? 0 0 0,0.5 01 01.5 3) Am AquaticTurtles Present? G< 00.5 01 01.5 4) Are Crayfish Present? 00 0.5 01 01.5 S) Are Macrobenthos Present? 00 O'1) 5 0 1 01.5 6) Am Iron Oxidizing Bacteria/Fungus Present? O o W0.5 01 014 7) Is Filamentous Algae Present'! 00 10 0.5 01 01.5 8) Are Wetland Plants In Stmambed? SAV Mostly OBL Nlostly FACW Mostly FAC Mostly FACU Mostly UPL (• VOTE: f/Yowl Abrr+rr O(A!I Pluu /. Sirn.,bN Ar NorN 0 2 01 00.75 00.5 00 00 Ah-Skip TAb Swp UNLESS SAY Pnnr., •) SECONDARY BIOLOGY INDICATOR POINTS. TOTAL POINTS (PH rrry+Secondanj- #VALUE/ #VALUE! (If Greater Than Or Egaal To 19 Paints The Stream Is AI Least Internrlaentl .- o ! . /, ,;.. 7 z !, NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division:- County: Project ID: E3o4-v4S? River Basin: Bridge No: 47 Route: '?3 iZ Zv-?,e,, Stream: Por's ?C--c? Water Oualitv Criteria: Yes No Stream Crossing Blue Line On USGS r.7' r ORW r f WSI F- r-? WS II,IH OR IV, Crossing Within 0.5m' of W.S. Critical Area r r? Roadwav Criteria: Route Designation- Additional Site Information: Yes No Arterial Urban r r/ Arterial Rural r r-,/ V AT- Is a Hazardous Spill Basin Required? Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). • Fetlerul Aid: 4 N/A Division: 12 Cotuttt Cleveland CONCURRENCE FORM FOR PROPER'T'IES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: Pave R Improve SR 2036 On 19 July 2001, representatives of the ® North Carolina Department of Transportation (NCDO"f) Federal Highway Administration (FHWA) ® North Carolina State Historic Preservation Office (Sf-IPO) ? Other reviewed the subject project at Scoping meeting ® Historic architectural resources photograph review session/consultation Other All parties present agreed ® there are no properties over fifty years old within the project's area of potential effects. ® there are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. there are properties over fifty years old within the project's Area of Potential Effects (APE). but based on the historical information available and the photographs of each property, the properties identified as are considered not eligible for the National Register and no further evaluation of them is necessary. ® there are no National Register-listed properties within the project's area of potential effects. ® there are no historic properties affected by this project. (Attach ant: notes or documents as needed) Signed: tative, NCDOT Date 19 July 2001 FHWA.. for the Division Administrator, or other Federal Agency Date Representative, SHPO Date State Historic Preservation Officer. Date If a survey report is prepared. a final copy of this form and the attached list N ill be included. 4 DEPARTMENT OF THE ARMY NVILIIINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 REPLY TO ATTENTION OF CESAW-RG-A August 27, 2001 MEMORANDUM FOR Trish Simon, Division Environmental Officer, Division 12, North Carolina Department of Transportation (NCDOT), PO Box 47, Shelby, NC, 28151-0047 SUBJECT: Status of Division 12 Nationwide and General Permit Applications 1. Due to heavy workload and a lack of manpower, this office will not be able to provide individual Nationwide and General Permit verification forms for the Division 12 projects listed below. All of these pre-construction notifications (PCNs) have been complete for more than 45 days and are therefore authorized by regulation. The proposed construction must comply with the terrns and conditions of the applicable nationwide or general permit and all project-specific conditions recommended by the North Carolina Wildlife Resources Commission (WRC) during the notification process. Copies of the WRC comments are attached. Please distribute a copy of this memo to the District Engineers responsible for these projects. Please be reminded that this office must be notified on completion of construction. a. Cleveland Countv Proiects: Action ID 200130946 - SR 2036 (Countryside Road), unnamed tributary to Potts Creek, Nationwide Permit No. 14. b. Iredell Countv Projects: Action ID 200130944 - SR 1580 (Laurel Creek Road), replace Bridge No. 130 with box culvert, Outz Creek, GP 198200031. 2. If you have any questions, please contact me at telephone (828) 271-7980, x-7. John W. Hendrix Regulatory Project Manager Asheville Regulatory Field Office 4 '' ? '• ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director TO: Mr. Steve Lund, USACOE Asheville Field Office 2091 mto FROM: Maryellen Haggard, DOT Permit C rdinatp?t Habitat Conservation Program G L DATE: June 7, 2001 SUBJECT: NCDOT, SR 2036, Countryside Road, Partial Realignment and Pipe Installation, Cleveland County. TIP No. R-4439. The North Carolina Department of Transportation (NCDOT) is requesting a concurrence letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed the proposed improvements and are familiar with habitat values of the project area. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). NCDOT proposes to realign a section of SR 2036 to provide safe travel to a new industrial access road. The project involves the construction and paving of 330 feet of new road and the placement of a 64 foot, 48" CMP on an unnamed tributary to Potts Creek impacting 68 feet of stream. Potts Creek flows into Buffalo Creek, which is a major tributary to Moss Reservoir, the water supply for city of Kings Mountain. NCDOT should enforce strict erosion control practices and provide good stormwater management. Potts creek is not considered trout water. We will not object to the project as proposed provided that the following conditions are implemented: 1. Disturbance of the stream channel must be limited to only what is necessary to install the culverts. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. Mailing Address: Division of Inland Fisheries • 1721 Mail Sen•icc Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 C f. FIP No. R-4439, SR 2036 2 June 7, 2001 2. The pipe should be designed and constructed large enough so all waters can flow without freefalling or damming on either end during low flow conditions to maintain aquatic life passage. Pipes 36" or larger should be buried approximately V into the streambed. The dimension, pattern, and profile of the stream above and below the pipe should not be modified by widening the stream channel or reducing the depth of the stream. Where disrupted, natural floodplain benching should be restored. 3. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. 4. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of ground disturbing activities to provide long-term erosion control. NCDOT should utilize onsite native vegetation and materials for streambank stabilization, rather than excessive riprap (or hard stabilization methods). Vegetation provides bank stabilization, as well as shade for cooler water temperatures, and riparian edge habitat. If riprap is used, it must be limited to the lower 1/3 of the streambank. 5. Work must be accomplished so that wet concrete does not contact stream water. 6. Due to heavy truck traffic using this road to access the newly constructed industrial site it is recommended that stormwater be directed through buffer areas or retention basins and not routed directly into streams. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at (336) 527-1549. cc: Cynthia Van Der Wiele, NCDWQ Trish Simon, NCDOT 416 o"' OF W A TFRPG t 1r • co 7 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources O C Kerr T. Stevens Division of Water Quality June 6, 2001 Cleveland County DWQ Project No. 010853 Partial realignment of SR 2036 (Countryside Road) & pipe installation APPROVAL of 401 Water Quality Certification Ms. Trish Simon, Environmental Officer NCDOT Division 12 P.O. Box 47 Shelby, NC 28151-0047 Dear Ms. Simon: You have our approval, in accordance with the attached conditions, to permanently impact 68 linear feet of an unnamed tributary to Potts Creek for the purpose of partially realigning SR 2036 and installing pipe in Cleveland County. The project should be constructed in accordance with your application dated June 4, 2001 (received 6 June 2001). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3289 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In 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 approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change. you must notify the DWQ and submit a new application. If 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet. compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid. you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699.1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.slate.nc.us/ncwetlands/ Page 2 of 2 * j *##- 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 Ms. Cynthia Van Der Wiele at 919-733-1786 or Mr. Pete Colwell of the Mooresville Region Office at 704.663.1699. Sincerely, Kerr T. Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office NCDWQ Mooresville Regional Office Central Files File Copy e+? o D STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY FILE COPY MEMO TO: John Dorney, DENR/DWQ/40 I /Wetlands Unit FROM: Trish Simon, Division 12 Environmental Officer T5 DATE: October 4, 2001 SUBJECT: Pre-construction Notification O'k 114 5 K43 Enclosed are seven copies of a pre-construction notification permit application for a bridge replacement project in Cleveland County for your review and comments. is PAYMENT Rl? CLAD Post Office Box 47 Shelby, North Carolina 28151-0047