Loading...
HomeMy WebLinkAbout20001533 Ver 1_Complete File_20001211?0.? WA7FRP ?O rr 11 ? o ? CIO DWQ Project No.: CD DT 33 County: 1: 4?? Xw-) de r Applicant: Project Name: (02 arl x Oti Date of issuance of 401 Water Quality Certification: u7s/- -7 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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, L •/r/P/ , 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 Tans and specifications, and other supporting materials. Signature: Agent'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: if this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee 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, anci other supporting materials. Signature Registration No. Date x 1VCC7EN Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 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.state.nc.us/ncwetlands/ O?O? WA T ?RQG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project No.: 15 33 County: Applicant: CD D 7' - 'v A - he-i 4 Project Name: S C ! W1.1 ( x f Date of Issuance of 401 Water Quality Certification: O 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 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 lans and s ecifica 'ons, and other supporting materials. Signature: ??.?_ -Date: 30/0y Agent'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: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee 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 WETLANDS / 401 GROUP FEB 0 4 2004 MATER QUALITY SECTION 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/ncwetlands/ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 7, 2002 Alexander County DWQ Project No. 001533 SR 1621 (Carl Fox Road) APPROVAL of 401 Water Quality Certification with Additional Conditions: MODIFICATION. Ms. Trish Simon, Division Environmental Officer NCDOT Division 12 P.O. Box 47 Shelby, NC 28151 Dear Ms. Simon: You have our approval, in accordance with the attached conditions and those listed below, to incur 15 linear feet of additional impacts to an unnamed tributary of Island Creek at Sta. 39+00 in order to upgrade SR 1621 (Carl Fox Road) in Alexander County. The project should be constructed in accordance with your application dated July 1, 2002 and additional information received on July 25, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3375 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. 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. 2. 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. 3. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 4. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. 6. Upon completion of the project, the NCDOT or its authorized agent shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work 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.state.nc.us/ncwetlands/ included in the §401 Certification has been completed. This will fulfill the requirement of Condition 16 in WQC 3375. 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 919.733.5715 or Mr. Samar Bou-Ghazale or Mr. Mike Parker of the Mooresville Regional Office at 704.663.1699. Sincerely, 4-9t6 Alan W. Klimek, P.E. Attachment Pc: Wilmington District Corps of Engineers John Hendrix, USACE Asheville Field Office NCDWQ Mooresville Regional Office Central Files File Copy Office Use Only: Form Version October 2001 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. FILE ug"OPY L Processing 1. Check all of the approval(s) requested for this proje* M ED ® Section 404 Permit E' °- , < <;? s= ? Section 10 Permit, ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW Permit #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: ? H. Applicant Information 1. Owner/Applicant Information Name: Mike Holder NCDOT Mailing Address: P.O. Box 47 Shelby NC 28151 Telephone Number: 704-480-9020 Fax Number: 704-480-5401 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Trish Simon Company Affiliation: NCDOT Mailing Address: P.O. Box 47 Shelf NC 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimon@dot.state.nc.us Page 5 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: Permit modification of DM Project #00-1533 for the additional pipe fill on the nine replacement at Station 39+00 on SR 1621 Cazl Fox Road. Alexander County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 5.7852 3. Property Identification Number (Tax PIN): NCDOT Right of way 4. Location County: Alexander Nearest Town: Stony Point Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): Take Hwy. 90 East from Taylorsville,?turn right onto SR 1610 and proceed approximately 3.0 miles to intersection of SR 1610 and SR 1605 Turn right onto SR 1605 and proceed approximately 2.5 miles to SR 1621 Turn right onto SR 1621 and proceed to the12ipe replacement at Station 39+00. 5. Site coordinates, if available (UTM or Lat/Long): (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: Unpaved secondary road 7. Property size (acres): 1/i acre NCDOT right of why 8. Nearest body of water (stream/river/sound/ocean/lake): Third Creek 9. River Basin: Yadkin (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/maps/.) Page 6 of 12 10. Describe the purpose of the proposed work: To replace deteriorating pipe and to realign the road in this area to eliminate a dangerous curve to provide safe passage for the travelling public. 11. List the type of equipment to be used to construct the project: A trackhoe will be used for excavation and placement of riprap. 12. Describe the land use in the vicinity of this project: The surrounding area is wooded and pastureland. 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. This is a permit modification request for 15 feet of additional impacts at Station 39+00 on SR 1621 The previous permit issued was for 60 feet of impacts at Station 39+00. The USACE Action ID Number, which authorized this, was Action ID 200130268 and the DWQ Project Number is 00-1533 Along with the 60 feet authorized for the pipe replacement on an unnamed tributary, to Island Creep 50 feet of impacts was authorized for a bridge replacement on Island Creek on SR 1621 The construction of the road is currently in progress. The bridge replacement has been completed and the pipe was originally installed on 4/02. It was discovered during the construction of the new alignment in the area of the pipe location that additional footage was needed , for proper slope and construction of the road. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: None 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 VH 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 7 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 Imnacts 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 inear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, pOing, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplams 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 htto://www.ferna.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 dream Tmnacts_ including all intermittent and perennial streams Stream Impact Average Width Perennial or Site Type of Impact* Length of Impact ** Stream Name** Of Stream Intermittent? Number (linear feet) Before Impact (please specify) (indicate on ma Unnamed 1 Additional pipe fill 15 feet tributary to 4 feet Perennial Island Creek • d 'd t im cts Im but are cts include not limited to: culve rts and associated rip-rap, , List each mipact separately an i entrfy emporary pa pa 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.uses.QOV. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 15 feet. 3. Open water impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. NO OPEN WATER HA PACTS Open Water Impact Site Number Type of Impact* Area of Impact Name of Waterbody Type of Waterbody (lake, Pond, estuary, sound, indicate on ma acres (if applicable) bay, ocean, etc. • List each impact separately and identify temporary impacts. Impacts include, but are not lumted to: fill, excavation, dredgmg, flooding, drainage, bulkheads, etc. Page 9 of 12 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 realignment of the road at the pine was necessary to eliminate a dangerous hairin curve to provide safe passage for the travelling public. 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/stringide.html. Page 9 of 12 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. R-APACTS < 150 FEET• MITIGATION NOT ANTICIPATED 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and 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 hi tp://h2o enr state nc us/wro/ind xx.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (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 Page 10 of 12 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. XL XII. 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 mitigation is required multipliers and acreage of impact to each zone of the riparian buffers. If buffer calculate the required amount of mitigation by applying the buffer Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; zone z extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. NA 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. Stormwater controls in place during road construction. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA XUL Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 11 of 12 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 DD /'? 33 /We p STATE of NORTH CAROLINA ?9- e 1 n}? (/` C1l?? ..1 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY PO BOX 47, SHELBY, NC 28151 FILE COPY July 1, 2002 Mr. John Hendrix US Army Corps of Engineers 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 Subject: Permit Modification Request Due to Additional Road Fill for Action ID 200130268 (DWQ Project # 00-1533) SR 1621, Carl Fox Road Alexander County, NC Dear Mr. Hendrix: Enclosed is a permit modification request for the PCN application submitted on 12/7/00 for additional fill impacts on SR 1621, Carl Fox Road in Alexander County, NC. The project consisted of the grading and paving of SR 1621 with a bridge replacement at Station 54+00 and pipe replacement at Station 39+00. Due to changes in road alignment and road grade to construct a safer roadway for the travelling public, minimal additional fill is required at the Station 39+00. Sixty feet of the originally permitted 72" CMP was installed on 4/02, an additional 15 feet of 72" CMP is needed on the downstream side to complete the construction of the roadway at Station 39+00. It is anticipated that the additional pipe can be attached to the existing 72" CMP and be installed 6" below existing streambed elevation. A copy of the original permit application package submitted for this project is enclosed. If you need additional information, please contact me at 704-480-9020. Mr. John Hendrix Page 2- Permit Modification, SR 1621 July 1, 2002 Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY- j jt? -Sl? Trish Simon Division 12 Environmental Officer Enclosures Cc: Mr. Michael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E., Division Bridge Engineer Mr. John Cook, P.E., Alexander County Maintenance Engineer Mr. John Dorney, DENR/DWQ/401/Wetlands Unit Mr. Ron Linville, Wildlife Resources Commission File G o o? z'c.,?p EV7Z:U7)&J Ac [titu? tiF?rT_ o f 7Z "qS c?n? 52 il?z./ 1 u sT1?C GG? ,1/0 Z Z ?r 40 _ ? - ? ""? C'Tt> PEE LAC n ?D?G; J Peo pose) C t?ILopos: > C?viceGTc `, ?4?5 P, ?ipa". p _f?_AKJ G` .PLC • = 5 EGT70 KJ I o' uce -I a /LC- vis??, &1Z -710,-, ?D TX c..J 'pi/>a- oc oT rL ?r?c.?f c Fy r 'PI PE 5 2 ?(rZ i SR 1621 an unnamed tributary to Island Creek in Alexander County Downstream of the previously permitted 60', 72" pipe at Station sy+uu on e'n A?17E ti STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY GOVERNOR P.O. BOX 47, 1710 East Marion Street Shelby, N. C. 28151-0047 December 7, 2000 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: SECRETARY The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following project for your issuance of a Section 404 Permit. We believe this project can be accomplished under NWP 414, Linear Transportation Crossings. COUNTY: Alexander LOCATION: SR 1621 STREAMS: Island Creek & Unnamed tributary to Island Creek PROJECT DESCRIPTION: Sta. 54+00- Bridge 9262: Replace existing 50' long x 20' wide timber and steel bridge with a 50' long triple line of 142"x91" CMPA. Sta. 39+00: Replace existing 42" CMP (40' long) with a 60' long line of 72" CMP. Class "C" waters involved. No wetlands or HQW involved. Less than 1/2 acre will be affected at each site. The installment of the CMPA on Island Creek and the CMP on the unnamed tributary to Island Creek will impact a total of 70 linear feet of streams. By copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources Commission, US Fish & Wildlife Service, and the State Historic Preservation Office. 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. I have conducted a survey for the bog turtle (Clemmys muhlellbergii) and its habitat in the project area on November 21, 2000. I have also contacted Marella Buncick with the U. S. Fish and Wildlife Service concerning bog turtle locations in Alexander County. She has concurred there are no known bog turtle habitat areas in the project area vicinity. No significant effect on this species or its habitat is anticipated. A site location map and a sketch of planned activities are attached. A stringent erosion and sedimentation control program will be implemented during the project construction, and every effort will be made to complete the work in a timely manner. Your earliest consideration for this request would be greatly appreciated. Our personnel are available to assist with your evaluation of this project, if necessary. Should you have any questions, please call me at 704480-5400. Sincerely, Trish Simon Division 12 Environmental Officer Enclosures cc: Mr. Michael L. Holder, P.E. Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Richard Silverman, Historic Architecture Mr. Ron Linville, WRC Mr. Brian Cole, USF & WS Ms. Renee Gledhill-Earley, SHPO Mr. John Dorney, NCDENR-DWQ File DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWN'ER'S NAME: N.C. Detxtrtment of Transportation '_. MAILING ADDRESS: P.O. Box 47 SUBDIVISION NA.'v1E CITY: Shelby STATE: NC ZIP CODE: 28161 PROJECT LOCATION ADDRESS. INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1621. Bridge # 262 and pipe at Station 39+00 3. TELEPHONE NUMBER: (HOME) (WORK) (704) 480-64(X) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS. PHONE NUMBER: LOCATION OF WORK (PROVIDE A MAP. PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Alexander - NEAREST TOWN: Stony Point SPECIFIC LOCATION (INCLUDE ROAD NUMBERS. LANDMARKS. ETC.) Take H«v. 90 East from Taylorsyille turn right onto SR 1610 and proceed approximately 3.0 miles to intersection of SR 1610 and SR 1606 Turn right onto SR 1606 and proceed approximately 2.6 miles to SR 1621. Turn right onto SR 1621 and proceed 1 miles to Bridge #262 The pipe replacement at Station 39+00 is approximately 1600 feet before Bridge 4262. 6. IMPACTED OR NEAREST STREAM/RIVER: Third Creek RIVER BASIN: Yadkin 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER. (SA), HIGH QUALITY WATERS (HQW). OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES NO ® IF YES. EXPLAIN: (b) IS THE PROTECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES). WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES. PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1/2 acre at each site- NCDOT Right of Way (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0_0 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED. PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: CULVERT ADDITIONSIPIPE EXTENSIONS 70 FT STREAM RELOCATION - LENGTH BEFORE: FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREk%I CHANNEL ItIPACTS WILL RESLZT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X CHAIv'NEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 1 1. IF CONSTRUCTION OF A POND IS PROPOSED. WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED'? (ATTACH PLANS. 81/2 BY 11 DRAWINGS ONLY) Replace bridge and pipe using trackhoe for excavating and riprap work 13. PURPOSE OF PROPOSED WORK: To replace deteriorated and structurally deficient bridge and to realign the road to eliminate dangerous curves and to provide safe passage for the traveling public. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) N/A 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 11/20/00. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICE (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 12/7/00. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES X NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES. AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE. REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER. IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, / /tt?? f 2/?/rte a OWNER'S/AGENTS SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). uv,T AjTzi, ,\ I?f}STLrLtJ !L Z. I A5Tt•??C.tl Sr7?h zo'?r u L ,?1 ' 'f s 'dam °? ?Q I TimgEe i i - Pea?as'E? t vF 5e lloU: s4+?? cPos? 34F 142 k '• 9! Grr,pcj '4 , •'? ? I ?-. Gv? mac. oz..l I S l1? 15C.rt? G?.K? A?.1 <C4Le : 1 „? So C NODOSE-) Sk2 IlvZl ,Ioc>osE? cow 9 f PGoposE?l yea Tf, -i2rftlE C{,.IS71117 ST466 ,PG? SG?'r' 1?1v?GT' aF pipe S&C77DJ ScA L) Mr. OG'baT I?e i b6e r??,4, xJrt E au/ ACe V-AJ?CX 4w-)uLyr%l 216 (>LACC.10+"1EUT OF $e, sol,GL 5Q. ILZ) 7Z"0, ,ti,d t.?o?5 s2 14,2 -? 52 ILL/ rr ----------------- - t?IZP PPsc-? ca uc tr-Tc- PLO po ? cC454 g e4pQ tip Woo,S {t?t?wq-w 4 coeuEt,s) -Pc.A-0 Sc Acz : I " L ?tOfbSD -se, IIoZ{ Bee 'ro ?Q ?e,apo,.40,,,cecrE l _"' Ser V&cr aP aCOPOSE -7Z 41" PoeLv,-4 -jTtZ7t?, S Ec ro j SCALE,' 1% `Jb' r1c22 " ,VC LOT- 11? m p4/kj"L_-oAxzE ua /T At"4AAE2 C-04J 7'-" PIPE' rL?pchcF;•YrE?.?? 5 2 fLZ ) STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GovERNOR SECRETARY PO BOX 47, SHELBY, NC 28151 July 1, 2002 f r r ; Mr. John Hendrix US Army Corps of Engineers f,F k 151 Patton Avenue, Room 143" Asheville, NC 28801-5006 Subject: Permit Modification Request Due to Additional Road Fill for Action ID 200130268 (DWQ Project # 00-1533) SR 1621, Carl Fox Road Alexander County, NC Dear Mr. Hendrix: Enclosed is a permit modification request for the PCN application submitted on 12/7/00 for additional fill impacts on SR 1621, Carl Fox Road in Alexander County, NC. The project consisted of the grading and paving of SR 1621 with a bridge replacement at Station 54+00 and pipe replacement at Station 39+00. Due to changes in road alignment and road grade to construct a safer roadway for the travelling public, minimal additional fill is required at the Station 39+00. Sixty feet of the originally permitted 72" CMP was installed on 4/02, an additional 15 feet of 72" CMP is needed on the downstream side to complete the construction of the roadway at Station 39+00. It is anticipated that the additional pipe can be attached to the existing 72" CMP and be installed 6" below existing streambed elevation. A copy of the original permit application package submitted for this project is enclosed. If you need additional information, please contact me at 704-480-9020. Mr. John Hendrix Page 2- Permit Modification, SR 1621 July 1, 2002 Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: Trish Simon Division 12 Environmental Officer Enclosures Cc: Mr. Michael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E., Division Bridge Engineer Mr. John Cook, P.E., Alexander County Maintenance Engineer Mr. John Dorney, DENR/DWQ/401/Wetlands Unit Mr. Ron Linville, Wildlife Resources Commission File 0 D 15- 33 ,4le G I im 56 f f Yi? ? l! ? ! ?5 t 5 ._ ?T STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR MEMO TO: John Dorney, DENR/DWQ/401/Wetlands Unit FROM: Trish Simon, Division 12 Environmental Officer fi5 LYNDO TIPPETT SECRETARY DATE: July 1, 2002 SUBJECT: Permit Modification Request for DWQ Project # 00-1533/401 Automated Payment Enclosed are seven copies of a permit modification request for DWQ Project # 00-1533 for a bridge project/secondary road project in Alexander County for your review and comments. Project information for the 401 Automated Payment Procedure • Work order number: 4312B-549-5.7852-475-SR1621-78999 • TIP #: • Project Category: is Not Applicable $200.00 Fee PAYMENT RECEIVED Post Office Box 47 Shelby, North Carolina 28151-0047 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 John Dorney at 919-733-9646. Sincerely, tf !)rt ?-L7 T. Stevens Attachment Pc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files - 4 R State of North Carolina Department of Environment Y XA'A and Natural Resources 4 0 Division of Water Quality James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director December 15, 2000 Alexander County DWQ Project No. 00-1533 Replacement of Bridge 262 over Island Creek on SR 1621 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Trish Simon, Environmental Officer NCDOT Division 12 P.O. Box 47, 1710 East Marion Street 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 to Island Creek for the purpose of constructing Bridge 262 on SR 1621 in Alexander County. The project should be constructed in accordance with your application dated 7 December 2000 (received 11 December 2000). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3289. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. 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. The following additional conditions will be required: 1. The culvert shall be installed in such a manner that the original stream profile_ is not altered (i.e. the depth of the channel should not be reduced by a widening of the stream bed). 2. All work shall be performed during low flow conditions. 3. Care must be utilized such that live (wet) concrete does not enter the stream channel. 4. The presence of equipment in the channels must be minimized. 5. Rip-rap shall not be placed above the bank-full elevation. 6. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 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 if 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 remain valid, you must adhere to the conditions listed in the attached certification. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 40I?SSU?Dyd nl7(' It ?nnn STATE OF NORTH CAROLINA 001533 DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY GOVERNOR SECRETARY P.O. BOX 47, 1710 East Marion Street Shelby, N. C. 28151-0047 December 7, 2000 Mr. Steve Lund, Project Manager NCDOT Projects US Army Corp of Engineers PAYMENT Asheville Regulatory Field Office 151 Patton Avenue, Room 143 RECEIVED Asheville, N. C. 28891-5006 Dear Mr. Lund: The North Carolina Department of Transportation Bridge Maintenance Unit, proposes the following project for your issuance of a Section 404 Permit. We believe this project can be accomplished under IWP #14, Linear Transportation Crossings. COUNTY: Alexander LOCATION: SR 1621 STREAMS: Island Creek & Unnamed tributary to Island Creek PROJECT DESCRIPTION: Sta. 54+00- Bridge #262: Replace existing 50' long x 20' wide timber and steel bridge with a 50' long triple line of 142"x91" CMPA. Sta. 39+00: Replace existing 42" CMP (40' long) with a 60' long line of 72" CMP. Class "C" waters involved. No wetlands or HQW involved. Less than 1/2 acre will be affected at each site. The installment of the CMPA on Island Creek and the CMP on the unnamed tributary to Island Creek will impact a total of 70 linear feet of streams. By copy of this letter, we are also requesting a concurrence letter from the Wildlife Resources Commission, US Fish & Wildlife Service, and the State Historic Preservation Office. 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. I have conducted a survey for the bog turtle (Clemmys muhlenbergii) and its habitat in the project area on November 21, 2000. 1 have also contacted Marella Buncick with the U.S. Fish and Wildlife Service concerning bog turtle locations in Alexander County. She has concurred there are no known bog turtle habitat areas in the project area vicinity. No significant effect on this species or its habitat is anticipated. A site location map and a sketch of planned activities are attached. A stringent erosion and sedimentation control program will be implemented during the project construction, and every effort will be made to complete the work in a timely manner. Your earliest consideration for this request would be greatly appreciated. Our personnel are available to assist with your evaluation of this project, if necessary. Should you have any questions, please call me at 704-480-5400. Sincerely, Trish Simon Division 12 Environmental Officer Enclosures cc: Mr. Michael L. Holder, P.E. Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Richard Silverman, Historic Architecture Mr. Ron Linville, WRC Mr. Brian Cole, USF & WS Ms. Renee Gledhill-Earley, SBPO Mr. John Dorney, NCDENR-DWQ File 'pp465? DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: N.C. Department of Transportation 2. MAILING ADDRESS: P.O. Box 47 SUBDIVISION NAME CITY: Shelbv STATE: NC ZIP CODE: 28151 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1621. Bridge # 262 and pipe at Station 39+00 3. TELEPHONE NUMBER: (HOME) (WORK) (704) 480-5400 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Alexander - NEAREST TOWN: Stonv Point SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Take Hwy. 90 East from Tavlorsville. turn right onto SR 1610_and proceed approximately 3.0 miles to intersection of SR 1610 and SR 1605 Turn right onto SR 1605 and proceed approximately 2.5 miles to SR 1621. Turn right onto SR 1621 and proceed 2.1 miles to Bridge #262 The pipe replacement at Station 39+00 is approximately 1500 feet before Bridge #262. 6. IMPACTED OR NEAREST STREAM/RIVER: Third Creek RIVER BASIN: Yadkin 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES 0 NO X (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1/2 acre at each site- NCDOT Right of Wav (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 10. (a) NUMBER OF ACRES OF WETLANDS RvIPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 (b) (1) STREAM CHANNEL TO BE IN[PACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: CULVERT ADDITIONS/PIPE EXTENSIONS 70 FT STREAM RELOCATION - LENGTH BEFORE: FT AFTER:- FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IlvIPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS: 81/2 BY 11 DRAWINGS ONLY) Replace bridge and pipe using trackhoe for excavating and riprap work gn 13. PURPOSE OF PROPOSED WORK: To replace deteriorated and structurally deficient bridge and to reali the road to eliminate dangerous curves and to provide safe passage for the traveling public. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) N/A 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 11/20/00. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICE (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 12/7/00. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES X NO E] (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO X (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: N/A (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERM[ITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. -- (c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS-..--__.-__ RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). i - c o U N T Y ? X ?- - "M"04 If "Y 16 1177 \ j A"_ ?'` , t? , > --..---•.?? ??? 1673. t 6 0297 11az ? 14u 75 X298 288 , 7.. „? 29 o 10 AU .7 QL I.1 a a "` P o \ 137 41Y J ?61R50„- p? ? _ . d O 36'00' _ f JA" ' . 1 1 - P28 , ` - a 71 ;w t JA4 I 1 I , 1u . L3 .1.77 184 ••'? • ,_. 1131. ' 7 n 114i au 1 ?tll2 14 i;:r I{ 1171 4 -. L A 41 MRa R°UNE1 ?yT2: " A T b 26 - v AWAY MaUWA*G 1 1 •'r . I ? '? .58 ... . k 1 T , a Z 1710 ~ `y „ 1l3L ry ? ? . P3 .. _ p+! ,y • ! .. 1!1! 1; 79 ;4 77 93 , 11u „, „ I:o , ,? .7 275; . . 199_ . X00 S. iaet Alma r C G Q . - MATRI w r ry 17 259 v 3L9 sl... ? „,,? 26 i i 0 J!!i a >• - ",? 16 s P305 ua 18 -? • a !}!? .. .9 , 8A A ??t:.. 36 ? ?'t 1 'Y ) 'R ? •? ? ? ??/JUr (e ., ,16, ? w ? I eA .. Ri..: - 3555' 120 c . .I a J UZ, , 1 V - I` C4 P21 IJ F, l?de,.l 1771 ? 1l61 a -.. 1 I` yp 248 Ism .a v - LUZ _.._ _.._._.. k 144E • Ilf! ,? d t -0 1 - la IV! 1fLi ?? ... ,.., 6 • •? 1171 : 1134 i YY l y ry . " ?. STOrtY K*4 lI1Q Iuw+Gl . < ?? ! r y A? #? .. 4 . 1471 ?°?. 1.170 0 Jl 'It!?Qi 117E 151 90 'O 4 :'? 149 64 6 - 1 A . CaKV.d 0 26, c 3550' Y ' LOOKO. 1ftZ . J '' ?. ?r 262 !47! or?n :. RIYR 1.,::./ 127. ., r ,6 - 1472 .' C129 '. o S 14m7 A/ / C O U •` 1l?7 1a - Q N ? 137! J. .. , y ara I' .1 f 6(I uv?T- 1&7- w 1. !. `\ i?ASTt?rLtz { LIA-m /AwleI6 V v ?fZl4t.1C, j( P ?5t7/Jh Zo??u K sp L ? ?' ? iL LI /4-Z -Al I t Q 1102An' RvE.?Grr7` 6? "y? \ v, yv 1 1 l? IBC. A?J ?. ?(LoI?oSL? S(? IloZl 9 f p?orrosE? 6-41cs1KErr-lPpr, j 5(.r!'' lA1v?L1' vF 'sc-crID11") ScAL? ? 1 "• 5d ? I¢orL? , Oc?1OT PL4ce*iEvT or- $e. #ZGZ 5? II?Z) 4 =)s W-OPOS6? 7z"90 Wun?S \ 52 ILL/ 4-0 ------------------ pQ4P woo)h Auc.,c??,c r' sa wZ 7 I. 'I copow'D -X IIoZ{ ion E ?b -M ?? ?Iapoe.c 4%ceErrr sEr vccr op 'OP064 -7Z`4cll?P 40" ULP,-l -iTX Z b, '5 EG770 J ?t2Z SCALE,' I"., $V' (" - I'b' our. ,uc X07`" I l}y E m Aimrzv uwa /7" AZC44AAC-2 Gviv7'y Pi PE ? rL?pcR?c?F rr? r' 52 i[zi FILE COPY MEMORANDUM TO: John Hendrix, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: June 5, 2002 SUBJECT: Review of an application by North Carolina Department of Transportation (NCDOT), SR1621, Carl Fox Road Permit Modification, Alexander County NCDOT is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The modification requested is due to changes in road alignment. Additional impacts are requested for and additional fifteen (15) linear feet of 72" culvert at station 39+00. NCDOT indicates that the extension can be installed 6" below existing streambed elevation. Providing that the existing new pipe has been properly installed 12" below streambed grade, we will not object to the extension. We recommend that the extension be placed 12" below streambed grade. In the event that this is not practicable, NCDOT may consider instream grade control structures, culvert baffles, or improved floodplain benching to enhance base flow depths as aquatic passage issues increase with increased culvert lengths and reduced installation depths. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Cynthia Van Der Wiele, DWQ 0 O O N O N H LW r 'Of LO 0) Lo 0 Z Z Q 0 0 O 0 - d ? i J` I I F O 0 O 0 O d N U .r O O w 0 O A N O 0 N r-I a N z H w ? k o W