20010860 Ver 1_Complete File_20010606

O?O? wAT ?RpG
r
O -?
Michael F. Easley _
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality

July 20, 2001
Gaston County
Pipe replacement on SR 1977
DWQ Project No. 010860
APPROVAL of 401 Water Quality Certification with Additional Conditions
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 and those listed below, to impact 45
linear feet of an unnamed tributary to Dutchman's Creek for the purpose of replacing a pipe on SR 1977
in Gaston County. The project must be constructed in accordance with your application dated 4 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 must 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 211.0506 (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. The 30-35 linear feet of streambank damaged caused by the existing pipe shall be repaired during the
construction project. Stream restoration must follow natural stream design principles.
2. The pipe installation must be performed such that one pipe is placed in line with the stream and set
below the streambed as described in the application. The second pipe must be placed at higher
elevation or blocked to guide the low flow through one pipe only.
3. Nonpoint Source and Stormwater Pollution requirements for WS-IV Waters as specified in 15A
NCAC 2B .0216 (project lies within the Critical Area of the watershed).
4. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must
be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic
resources. Temporary or permanent herbaceous vegetation must be planted on all bare soil within 10
days of ground-disturbing activities to provide long term erosion control
5. The original stream profile shall not be 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.
6. 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), hftp://h2o.enr.state.nc.us/ncwetiands/
Page 2 of 2
7. 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.
8. The presence of equipment in the channels must be minimized. Under no circumstances should 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.
9. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm
water sheet flow.
10. The five-foot riprap apron at the pipe outlet must be installed so as not to impede the passage of fish
and other aquatic life. 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.
11. Rock silt screens at culvert outlets must 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 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.
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,

MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1977 County Gaston
Project Number 01 0860 County2
Recvd From DOT Region Mooresville
Received Date 6/6/01 Recvd By Region
Project Type roadway
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F 14 Stre-,,n-. 77 O N F-11-119-(6) WSI\' C'.\ 30,833. r® 45.00 45.00
I ,
F-i_- O Y _0N i_ f?
Mitigation Wetland
MitigationType Type Acres Feet

1
Is Wetland Rating Sheet Attached? O Y 0 N Did you request more info? O Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? O Y ON
Is Mitigation required? O Y O N Recommendation: O Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 352242 Longitude (ddmmss) 810238
Comments:
The applicant proposes to replace an existing single line of pipe with a double line of 96 inch Pope.
The existing_n ne has rusted out in the bottom such that the low flow of the stream now goes under

? hrough it. The existin
ape is "han
the pipe and only flood flows go t
ging" 12 to 18 inches above the
g
low flow stream elevation at the outlet end. The stream- appears to h ave been channelized in the
past. The bank erosion below the existing_pine is caused by increase d velocities from the
channelization and the pope itself.
cc: Regional Office
Central Office Page Number 1
Facility Name NCDOT - SR 1977 County Gaston

Project Number 01 0860 Regional Contact: Pete Colwell
Date: 7/3/2001
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
Yec'cl. & • 7• D/
TO: Mr. Steve Lund, USACOE
Asheville Field Office
FROM: Maryellen Haggard, DOT Permit Coordinator
Habitat Conservation Program
DATE: June 7, 2001
SUBJECT: NCDOT, SR 1977, Pipe Replacement, Unnamed Tributary to Dutchmans Creek,
Gaston 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 40'long, 72" CMP with a double line of 50'
long, 96" CMP on an unnamed tributary to Dutchmans Creek. The existing culvert has widened
the stream and caused stream bank erosion at the outlet end. Dutchmans Creek has a spawning
run of white bass in early spring. The timing of this project in the summer months should not
interfere with white bass reproduction. We will not object to the project as proposed provided
that the following conditions are implemented:
1. The total stream impacts for this project, 45 feet, do not require mitigation, however,
we request that NCDOT restore the 30-35 feet of streambank damage caused by the
original culvert to normal stream condition. Stream restoration should follow natural
stream design.
2. Disturbance of the stream channel must be limited to only what is necessary
to install the culvert and repair the streambank. 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.
SR 1977 Pipe replacement 2 June 7, 2001
3. The pipes should be placed so that all waters flow through only one cell during low
flow to maintain fish passage. If both cells are buried, water should be diverted
through a single cell by installing a short sill or burm on the upstream end of one of
the cells. A natural floodplain bench should be restored immediately upstream and
downstream of the "dry" cell. The dimension, pattern, and profile of the stream
above and below the pipes should not be modified by widening the stream channel or
reducing the depth of the stream.
4. The five-foot riprap apron at the pipe outlet must be installed so as not to impede
aquatic life passage. The riprap must be buried into the streambed or limited to the
waters edge.
5. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion. Temporary or permanent herbaceous
vegetation should be planted on all bare soil within 15 days of ground disturbing
activities to provide long-term erosion control.
6. 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 habitat. If riprap is used, it must be limited to the bottom 1/3 of the
streambank.
7. Work must be accomplished so that wet concrete does not contact stream
water.
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

fro
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P.O. Box 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETT
GOVERNOR SECRETARY
P.O. BOX 47, 1710 East Marion Street
Shelby, N. C. 28151-0047
June 4, 2001
Mr. Steve Lund, Project Manager - NCDOT Projects
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, N. C. 28891-5006
Dear Mr. Lund:
010860
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 NWP #14, Road Crossing.
COUNTY: Gaston
LOCATION: Pipe on SR 1977
STREAM: Unnamed tributary to Dutchmans Creek, Class WS-IV waters
PROJECT DESCRIPTION: The replacement of an existing 40' long, 72" CAP with a
double line of 50' long, 96" CMP with a five foot riprap apron on the outlet end and a
concrete headwall on the inlet; plus associated riprap on both outlet and inlet for
stabilization on less than 0.10 acre of NCDOT right of way. The pipes are to be placed
below existing streambed elevation and it is,proposed that a 12" high riprap berm be
constructed to direct flow to the base flow pipe. Existing channel morphology will be
maintained upstream and downstream of the pipe. A site location map and a sketch of
planned activities are attached.
It appears that the existing 72" CMP has widened the stream. The upstream dimensions of the
stream are - 6-8 feet wide and 6-8" deep; while, the stream on the outlet end is approximately 13-
15 feet wide, 1.0-1.5 feet deep. The stream is entrenched at the outlet with eroding banks.
Approximately 30-35 feet downstream of the outlet end of the existing pipe, the stream returns to
upstream conditions. The surrounding residential area is flooded regularly and NCDOT
Hydrographics Unit recommends replacement of the existing 72" pipe with 2 lines of 96" CMP to
contain high flows and prevent the severe flooding that is currently being reported by local
residents.
p
M
Mr. Steve Lund
Page 2-Pipe replacement, Gaston County
June 4, 2001
It is proposed that the watercourse will be managed during construction by the utilizing sand-filled
burlap bags to block the stream approximately 15 feet beyond the upstream and downstream of the
proposed pipe. A pump will be used to divert the water across the road through a flexible pipe.
Proper erosion and sedimentation control measures will be implemented during the project
construction.
A review of the Natural Heritage information for the threatened/endangered species listed for
Gaston County, the bog turtle (Clemmys muhlenbergii), the bald eagle (Haliaeetus leucocephalus),
and Schweinitz's sunflower (Helianthus schweinitzii) did not reveal any known sites in the close
vicinity of the proposed project. It was determined that there was no bog turtle or bald eagle in the
area, nor was there suitable habitat located in the proposed project area. The survey window for
one of the federally list endangered species in Gaston County, Schweinitz's sunflower is late
August,= September. According to Natural Heritage Prograii? thereare ee kn o ulati T3
locatedproxunately 5 0-5 5 miles southeast of the proposed prolecf'srte. t not pear at
k'A
Scliweimtz s sunflower was located ? on the 0.10 acre project site. Pictures were taken of the ,
vegetation surrounding the proposed project site for visual documentation. No impact on any
federally listed threatened or endangered species is anticipated.
This permit request is being submitted prior to the survey window because NCDOT believes that
the hydraulically deficient pipe creates a dangerous situation for residents in the area. The
residents located close to the project site have reported 2 feet of water on the road during rainfall
events. The road is a dead end; therefore, were the road to wash out, approximately 12 families
would be stranded. This is considered an emergency project and needs to be completed as soon as
possible.
A review of 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
By copy of this letter, we are asking Neil Trivette, 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 the 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. Steve Lund
Page 3-Pipe replacement, Gaston County
June 4, 2001
Sincerely,

Trish Simon
Division 12 Environmental Officer
Enclosures
cc Mr . ; DivisionEngineer
Michael L Bolder, PE , ''w`.R' .,?. L ., x t t *r +-+n -wneLf .w+l++s,EC'
j, x Mr an Holderman;P E Division Bndge Engineer s 3?'t
Mr:ANeil Tnvette Area Roadside Environmental Engineer
Mr. Ron Linville, WRC
Mr. Brian Cole, USF & WS
Mr. John Dorney, NCDENR/DWQ/401/Wetland Unit (7 copies)
File

Office Use Only: Form Version April 2001
010860
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.
I. 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 14
3 Ifthis notification is solely a courtesy'co& because' written approval for the 461 Certitcation*
i r -,qty i, 1` k:.
f 71'
is not inquired, 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: 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: [e-mail]
Page 3 of 13
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: Pipe Replacement on SR 1977, Gaston County
ids w ?•€+a- ' ? ? S^?' ' .s. ? ? arr ?.
2r_ Project Number (NCDOT:OnIy): N/A . _-
- _
3. Property Identification Number (Tax PIN): NCDOT Right of Way
4. Location
County: Gaston Nearest Town: Stanley
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take Highway 27 east from
Stanley. Turn left onto SR 1918 and travel approximately 4 miles, turn left onto SR 1977
and travel approximately 0.5 mile to. site.
5. Site coordinates, if available (UTM or Lat/Long): 35°22'45N/81°02'29W
(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: Pine
crossing on a paved secondary road.
7. Property size (acres): 0.10 acres (mostly NCDOT right of wayl
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary, to Dutchmans
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/mVs/.)
Page 4 of 13
10. Describe the purpose of the proposed work: Replace existing functionally inadequate 72"
CMP (40' long) with 2 lines of 96" CM[P (50' long) to eliminate flooding of roadway and
upstream properties.
11. List the type of equipment to be used to construct the project: A trackhoe will be used for
excavating and riprap work.
12. Describe the land use in the vicinity of this project: The surrounding area is residential rural
and pastureland.
IV. Prior Project History
1
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,
a certifications or other useful information= Descnbe,previousiy approved wetland eam and
f }: f
burn acts alon with"associated miti- ation? where alicable Iftliis isNCDOT P. ect??
ffe g app roJ
P g
list jand describe permits issued for prior segments of the same T.I.P. project, along` with
construction schedules.
N/A
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: - _SR,1-977 is a.paved.r-oadwith no.-other..stream.cr.ossings._ No_future.pemut requests
are 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.
Page 5 of 13
1. Wetland Impacts NO WETLAND IMPACTS
* 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
1 (Mvl), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online athttpJ/www.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.)

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 the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed- 0
2 4Stream`Impacts, mcludingali liitermrttentand perennial streams
7
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma (linear feet Before Impact lease specify)
Pipe extension Unnamed tributary
1 (Additional pipe 10 feet to Dutchman Crk 6 feet Perennial
in stream)
- -
I . R iprap apron at
5 feet
15 feet at outlet
"
outlet
Concrete head-
wall on inlet and

1 placement of 15ft at inlet and
6 feet «
nprap on pipe outlet
inlet and outlet for
stabilization.
Pumped stream Temporary (15
1 diversion during feet beyond
pipe installation inlet and outlet)
List each impact separately and identity 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.us¢s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., W%y.topozone.com,
www.mapauest.com, etc.).
Page 6 of 13
Cumulative impacts (linear distance in feet) to all streams on site: Pipe extension and riprap
Wron at outlet = 15 feet, Riprap placement for bank stabilization = 30 feet. Temporary
impacts = 30 feet during stream diversion.
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
Waterbody Type of Waterbody
Site Number Type of Impact* Impact p
(if
applicable) (lake, pond, estuary, sound,
(indicate on ma 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
a
be described here and illustrated on any maps included with this application? }?
.;.7.. ; ,?.'?...,.. ..;-..a,. '','.`+?' .,.7avs?a•vs"t -w.w"?'L?Sa.. -:
` Pond#o be created in (check allthat apply) r 0 uplands[] e m? _wetl sDescri be e' method `of construction` (e.gdam/embankment, 'excavation, mi"Hdtion 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 upstream dimensions of the stream appear to be the normal stream conditions (- 6-8 feet
width and 6-8" deep). It appears that the existing 72" CMP has widened the stream. The stream
on the outlet end is approximately 13-15 feet wide. 1.0-1.5 feet deep. The stream is entrenched
in this area with eroding banks. Approximately 30-35 feet downstream of the outlet end of the
existing pipe the stream returns to upstream conditions. The surrounding residential area is
flooded reaularly and NCDOT Hvdroaraohics Unit recommends replacement of the existing 72"
ipe with 2 lines of 96" CW
The 40' foot pipe CW will be replaced with a 50' pipe and 5 foot riprap apron at outlet;
therefore minimizing the linear footage impact of the project. Permanent riprap will extend
Wroximately 15 feet upstream and downstream of the proposed pipe to prevent erosion and
Page 7 of 13
scouring during high water. Th invert of the proposed pipe will be set one foot below the
streambed to allow for aquatic passage with a 1 foot high berm to direct base stream flow to only
one pipe. The stream is approximately 6 feet in width and is therefore small enough to be
dammed and the water pumped around the site during construction. The disturbance will be
restricted to within 15 feet upstream and downstream of the pipe. A silt fence is to be used
around stockpiled excavated earth. Replacement of the CAP with CAP provides the safest
roadway section for the travelling public. Installation will need to be staged due to the road
being a dead end. Stringent erosion control measures will be in place during construction.
VIM 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
'11; 01
?.. PerinpublishedAin the Federal Register on MaTCh 9 r20D0, rnrtigationwille turedhen T
nee`essaryt "'ensure that adverse effects to the aquatic :environment are ; irunimah?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/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)
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.
STREAM ITAPACTS < 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
Page 8 of 13
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 httn://h2o.enr.state.nc.us/wm/index.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 ? r ,
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 El 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:
Page 9 of 13
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* squar Imp a feet) Multiplier Required
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.
N/A
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.
SR 1977 is a paved road. There is no additional impervious surface proposed. Erosion and
sedimentation control measures will be in place during pipe replacement.
XII. 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.
XM. 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
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
Page 10 of 13
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).
The survey window for one of the federally list endangered species in Gaston County.
Schweinitz's sunflower is late August - September. According to Natural Heritage Program,
there are three known populations located approximately 5.0-5.5 miles southeast of the proposed
project site. It did not appear that Schweinitz's sunflower was located in the area. Pictures
were taken of the vegetation surrounding the pipe replacement project for documentation.
The residents located close to the nroiect site have renorted_2 feet of water on the road durin
rainfall events. DOT feels that these levels create a dangerous situation for residents in the area.
The road is a dead end: therefore. were the road to wash out, approximately 12 families would be
stranded. DOT considers this an emergency nroiect and needs to be completed as soon as
possible.
Applicant!'Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 11 of 13

14,
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1977
?i/?E ILG?.Rc?m?-
Mvc-001s.jpg (640x48Oxl6M jpeg)
Upstream of pipe replacement project on SR 1977 on an unnamed tributary to Dutchmans
Creek in Gaston County
Mvc-002s.jpg (640x48Oxl6M jpeg)
Downstream of pipe replacement project on SR 1977 on an unnamed tributary to
Dutchmans Creek in Gaston County (Stream at pipe outlet has widened-remains this size
for approximately 30-35 feet downstream-then returns to narrower upstream-condition)
_ GaB2

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2
NCDOT _
HAZARDOUS SPILL BASIN CHECKLIST
Division: /- County: 4il-57VAJ Project ID: 58?SZ
River Basin: ? vR,A Bridge No: Pipe
G/Vv?r-iC? T12r f3c?r?
Route: Ve Stream:
Water Quality Criteria:
Yes No
Stream Crossing Blue Line On USGS r,/ r
ORW r r?
WSI r r
WS II,III OR IV, Crossmg With>Il 0 `5mi of W S. Cnhcal Area l r?
Roadway Criteria:
Route Designation-
Yes No
Arterial Urban r r-'
Arterial Rural r r?
Additional Site Information:
Yes No
Is a Hazardous Spill Basin Required?

Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).
??Y t?s
ru'
95
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
MEMO TO: John Dorney, NCDENR/DWQ/401/Wetlands Unit
FROM: Trish Simon, Division 12 Environmental Officer -fS
DATE: June 4, 2001
SUBJECT: Pre-construction Notification
010660
Enclosed are seven copies of a pre-construction notification nationwide permit
application for a pipe replacement project in Gaston County for your review and
comments.
is
PAYMENT
RECEIVED
Post Office Box 47 Shelby, North Carolina 28151-0047
O?O? W AT ?9pG
r
Michael F. Easley
?Qy 1 r I Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
DWO Project No.: ¢ ?tJ c'J County: 44.5_1?
Applicant: 4.1 7-
Project Name: Ja o l
Date of Issuance of 40 Water Quality Certification: D
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/Wetlands 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.It is not necessary to send certificates from all of these.
Applicant's Certification
I, , 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 Certificklon
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 p nd spe on d then supporting mat ri s.
Signature; -DM :
If this project was designed 'by a Certified Professio I
I, , 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
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
IF INCORRECT RETURN TO
NC DEPARTMENT OF TRANSPORTATION
FICE
7044805400
WARRANT NO. 6270
INVOICE NUMBER INVOICE DATE INVOICE AMOUNT
0601111826 06/01/2001 $200.00
DATE 06/01/2001