HomeMy WebLinkAbout20011213 Ver 1_Complete File_20010810O?O? W AT FRQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
October 15, 2001
Polk County
DWQ Project No. 011213
SR 1539 (Phillips Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. E.A. Green, P.E., District Engineer
NCDOT
4142 Haywood Road
Horshoe, NC 28742
Dear Mr. Green:
You have our approval, in accordance with the attached conditions and those listed below, to impact
100 linear feet of Hughes Creek in order to upgrade SR 1539 (Phillips Road) in Polk County. The
project should be constructed in accordance with your application dated 3 August 2001 (received 10
August 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 you may be required
to 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. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413 .0024)
must _be_implemented prior to any ground-disturbing activities to minimize
downstream aquatic resources. 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 must be directed to buffer areas or retention basins and must not be routed directly
into streams.
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•J/h2o.enr.state.nc.us/ncwetiands/
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.
6. The presence of equipment in the channels must be minimized. Under no circumstances shall
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.
7. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
8. 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.
9. 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. Mike Parker of the Asheville Regional Office at 828.251.6208.
Attachment
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
- _._.File Copy
Sincerely,
\o?OF w H l FRQG
O `C
micnaei r. casiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
- Acting Director
Division of Water Quality
Mr. E.A. Green, P.E., District Engineer
NCDOT -
4142 Haywood Road'
Horshoe, NC 28742
Dear Mr. Green:
You have our approval, in accordance with the attached conditions and those listed below, to impact
100 linear feet of Hughes Creek in order to upgrade SR 1539 (Phillips Road) in Polk County. The
project should be constructed in accordance with your application dated 3 August 2001 (received 10
August 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 you may be required
to 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. 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 shall be planted
on all bare soil within 10 days of ground-disturbing activities to provide long term erosion
control.
2. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands
and waters to notify the State in order to assure compliance for future wetland and/or water
impact. These mechanisms shall be put in place within 30 days of the date of this letter or the
issuance of the §404 Permit, whichever is later.
3. A final, written stormwater management plan shall be approved by this Office before the impacts
specified in this Certification occur. The stormwater management plan must include plans and
specifications for stormwater management facilities designed to remove 85% TSS according to
the most recent version of the NCDENR Stormwater Best Management Practices Manual.
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), httpJ/h2o.enr.state.no.us/ncwetiands/
4. 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.
5. All work shall be performed during low flow conditions.
6. 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:
7. The presence of equipment in the channels must be minimized. Under no circumstances. shall
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. -
8. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow.
9. 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.
10. 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. Mike Parker of the Asheville Regional Office at 828251.6208. .
Sincerely,
Attachment
Wector , D.
Pc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
NCDWQ Asheville Regional Office
Central Files
File Copy
,
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a,,.SU7Ee?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERi`IOR
184SUIED
August 3, 2001
Mr. David Baker
U. S. Army Corps of Engineers
151 Patton Avenue
Room 143
Asheville, NC 28801
SUBJECT: Proposed Bridge Replacement
SR 1539, Phillips Road
Polk County
Dear Mr. Baker,
Secretary
011213
Attached are erosion control plans, an application form for a Nationwide Permit, and a county
map section locating SR 1539, Phillips Road, in Polk County. SR 1539 is a gravel road that we
propose to clear, grub, grade, replace/extend pipes, and pave for a distance of 0.80 miles.
Grading will be moderate.
We are requesting permission to replace and extend pipes in live streams as noted on the plans.
Pipes will be replaced using our standard method of pipe installation described in the erosion
control plans. NCDOT " Best Management Practices for Protection of Surface Waters" and
proper phasing of erosion control items will be used to minimize and control sedimentation and
erosion.
Due to the alignment of the roadway, the skew of the existing bridge and the coincidence that
funding is available for both the road widening and the bridge improvement, we would like to
replace the bridge with a pipe to obtain minimum roadway safety standards on both the stream
crossing as well as the roadway. The bridge crosses a tributary to Hughes Creek and would be
replaced with an 87" x 63" pipe arch. This change would take place between survey stations
11+85 to 12+15 as noted on the attached erosion control plans.
Also by copy of this letter, authorization to proceed under section 401 of the Clean Water Act is
being requested from Mr. John Dorney, Division of Water Quality.
Division 14, District I
Phone: (828)891-7911 4142 Haywood Road, Horse Shoe, NC 28742
Fax: (828)891-5026
;S?
i' j 1
David Baker
Page 2
August 3, 2001
By copy of this letter, we are asking Mr. Owen Anderson, N. C. Wildlife Resources
Commission, to comment to the Corps of Engineers concerning the Nationwide Permit request.
Upon review or the Corps of Engineers we are requesting that Mr. Anderson forward a copy to
us (NCDOT) as well.
By copy of this letter, we are also asking Mr. Ed Ingle, Area Roadside Environmental Engineer
(NCDOT), to comment directly to us on the above project.
Your earliest consideration for this request would be appreciated. If any further information is
needed, please contact me or Mr. C. E. Dumas, Jr., P.E., County Maintenance Engineer, at (828)
891-7911.
Sin rel ou s
E. A. Green, P. E.
District Engineer
EAGICED
attachment
cc: Mr. John Dorney, DWQ
Mr. Owen Anderson, Western Mountain Region Coordinator, NCWRC
Mr. E. L. Ingle, Area Roadside Environmental Engineer, NCDOT
Mr. Mark Davis, Division Environmental Officer, NCDOT
w a rF?Q
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Peim app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.anny.mil/w tlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact.the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http•//www saw usace army mil/wetlands/nwpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at htt-p://h2o.eb.nr.state.nc.us/ncwetlqnds/fees.htmI. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version April 2001
01 1213
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
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: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: 4142 Haywood Road
Horseshoe N.C.28742
Telephone Number: (828) 891-7911 Fax Number: (828) 891-5026
E-mail Address: NA
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: Edward A. Green P.E.
Company Affiliation: District En ineer
Mailing Address: 4142 Haywood Road
Horseshoe N.C.28742
Telephone Number: (828)_891-7911 Fax Number: (828) 891-5026
E-mail Address: a reen dot.state.nc.us
Page 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: Phillips Road (SR 1539)
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): see attachments
4. Location
County: Polk Nearest Town: Columbus
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Begin at the intersection of
SR 1521 and SR 1539 and proceed in a southerly direction for a total length of 4,200
feet to the end of the roiect.
5. Site coordinates, if available (UTM or Lat/Long): see attachments
(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: Rural
Road
7. Property size (acres): 4,200' * 50'= 4.82 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Hughes Creek
9. River Basin: Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.nc.us/adniin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Upgrade SR 1539 to minimum standards
for a paved NCDOT secondary road
11. List the type of equipment to be used to construct the project: Widen and pave SR 1539
using hvdraulic excavators, back hoes, bulldozers, dump trucks, motor graders, and
various hand tools.
12. Describe the land use in the vicinity of this project: Rural residential.
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.
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: N/A
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
Page 5 of 12
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
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***
N/A
1' d h m'zed clearin rading fill
* List each impact separately and identify temporary impacts. Impacts include, but are not smite to. mec a g, g
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htti)://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
*
Type of Impact
Length of Impact
(linear feet)
Stream Name** Average
Width of
Stream Before
Impact Perennial or
Intermittent?
(please specify)
1 Bridge
Replacement 100, UT to Hughes
Creek 3' Perennial
2
3
4
5
6
7
8
9
10
11
Page 6 of 12
12
13
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toporone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100' (80' pipe arch, 10'
stabilization at outlet and inlet of pipe arch)
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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
Page 7 of 12
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See Attachments.
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/strmgide.html.
1. 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.
N/A
Page 8 of 12
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/wrp/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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)
Page 9 of 12
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
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone 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.
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.
Page 10 of 12
XIII. 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
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).
of
Applicant/AgeAt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Page 11 of 12
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 12 of 12
,?Eo51 o V CoAlTRot-
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NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD SURVEY
SUBJECT Cpr\-uips)
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A33. o / Temporary Rock Silt Check Type-A __
/6 33. OZ Temporary Rock Silt Check Type-B -.. _ __ _______
1_x.34.0/ Temporary Rock Sediment Dam Type-A _
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Rock Silt Screen ........ ................ :........... .... .. .....
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Note: Type B Silt Basins will be used in conjunction with b Tgwary Rock Silt Check -
Type B unless otherwise specified.
A silt basin type-B is a temporary basin built to collect sediment flowing through a
drainage way. The silt basin is built at the base of the ditch with its length being at
,t 2 times the width of the basin. The type-B silt basin is generally built in
-Injunction with temporaryrock silt checks apd other devices that control or slow
in water flow. This device must be monitored closely and cleaned out on a '
regular basis until grass is established along the ditch line and sedimentation is no
longer a problem.
AREAs of USE:
• In conjunction with temporary zock'silt checks and other devices usCd in
drainage ditches.
DESIGN CPXIEIUA: .
a S•ee Silt Basin Sizes typical.
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DEPT. OF TRANSPORTATION
o ° DIVISION OF HIGH'NAYS
N RALEIGH, N.C.
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PIPE INSTALLATION
All pipe installed on the project will be installed using the standard method of pipe
installation - Method "A", Standard No. 300.01 of the NCDOT - "Roadway Standard
Drawings".
All pipes shall be laid in accordance with Section 300 of the North Carolina Department of
Transportation "Standard Specifications for Roads and Structures", July, 1995. Pipes will
be installed in'the dry wherever possible.
Pipes laid in streams large enough to support trout will be installed six (6) inches below the
stream bed to allow the bottom of the pipe to silt over so that trout movement will be over
a natural stream bed.
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cnm ENGLISH STANDARD DRAWING FOR 7DEPT. W STATE OF
RO CK SILT SCREEN ORTH CAROLINA
OF TRANSPORTATION
SION OF HIGHWAYS
-1 RALEIGH, N.C.
TEMPORARY SILT FENCE:
A temporary silt fence is commonly used at the toe of a fill section to prevent off-
site sedimentation. It is made of permeable filter fabric buried at the bottom,
stretched and supported by steel posts. The silt fence reduces the water flow while
retaining the sediment. They may also be used to divert water flow to protected
outlets. Silt fences need to be checked after each significant rainfall to ensure there
effectiveness. They must be maintained on a regular basis. Silt fences shall not be
installed across streams, ditches, or waterways.
AREAS OF USE:
• At toe of fill sections where sediment runoff can be stored and contained
inside the project limits. '
DESIGN CRITERIA:
Material With Wire Without Wire
Fabric Type 3 Class A Type 3 Class B
Steel posts length 5 ft 5 ft.
Post spacing 10 ft. 6 ft. maximum
17 March, 1992
SECTION 1042
R1P RAP NIA Ti-RJALS
10,12.1 PLAIN RIP R. Ul.
fol. ,iaL-? nip rai .`:,11,112 consi`it of Edd son; or rum"i We", quarry ..r' no is sm .. shy
be sauna. tough. dense. resistant t0 the aWon of air and "awn and suhable W a_( whs- r )"• ::F? Ti,. lily
Inu Ta: i'lt-'n`? "1. ?'•. I.?:' 1?r--At'Il :r't?_t.):'-,; <:'' i.»'. iT?- t is 0:212A, ?. .. . :.. _. Ala ?.\. .. ... .... . ,. .. u .. ='. ._?..
i? .:...
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1. e I;1a Such lsC 11:: [ vvi[h lh:: a ppro, ai of !Itc
the us, nti 1:!r,L. ?1 i.n .,r T, vtich r_Onwim iminkrchg, et.,;•-'1 will not be 1T:>tt::itod.
A stone sh:A fleet the approval to the Engineer. il. hl.{ no sped ic_ •?rnda ioll i? i'cC?ila' C. [i1=
si?.-,h o Ill:. szc--C.: -sli-all l?L' ill a.l Ll?.' l istiil?uod 1'.,1,1112,11 W, il. ll ?l it G. l! J1G.
In 2N'lilt.l;tl s1011-;- IMI-ti:ie will he Clct?nnhed by Ineasllrin,', its Ion ditne[i ior!.
JtLil: or lTii):^.?ll cor?crei--.'Lm P# Ap AM vivo le I• CIi!it•cmenis o iAQ 10424 Pat Aw W:t'..
tl{1 5i ?.-: iiic+l•i?ilttinn,
1.?LISL•i•. !%-1-i
ACCEPTANCE CRiTE-RIA FOR Riiii`RAP
k \"I> CTfSNF FOR ?•'i?fls?!r\ f'O?"j'i„DT
( 7'lll/ 211,. 1? L. /''T.T ES
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12
1U 17
2 41
0 ? ;??. u:a._. 5.0!96 of.. tli. i?i:?i car-, 1 ,? 1.ss fl-in tin. mur.i_..:.m
more than It m, o of the Inat;tQ can exceed the macimu111 siz, spe,led.
aa•STATC .
reM
IF ME
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR Secretary
401
August 8, 2001
Mr. John Dorney
Division of Water Quality/ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
01 1213
Subject: Warrant No. 11523
SR 1539, Phillips Road
Work Order #: 6.982195
Polk County
Dear Mr. Dorney,
Attached is a check number 11523 in the amount of $200.00 for the subject road. This
check is for the Division of Water Quality's section 401 general certification. If you need
further information in this matter please contact me.
Sincerely
Edw rd A. Green, PE
District Engineer
EAG/nj g
PAYMENT
RECEIVED
Division 14, District 1
Phone: (828)891-7911 4142 Haywood Road, Horse Shoe, NC 28742 Fax: (828)891-5026
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