20020354 Ver 1_Complete File_20020304

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0203,4
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
March 1, 2002
Mrs. Jean Manuele
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #3 & #33
Pipe #2243 on SR 1138
Avery County, North Carolina
Project Number: 5.7252 (DWQ: No Permit Fee Required)
Dear Mrs. Manuele:
2002
The North Carolina Department of Transportation is scheduled to replace Pipe #2243 on SR
1138. The existing 42'x 72" pipe will be replaced with a new 60'x 72" pipe with a concrete
headwall.
Miscellaneous rip-rap impacts will total 40 linear feet or less. New stream impacts = 581n. feet.
The replacement of the existing pipe with the proposed CMP will require temporary dewatering
as well. An impervious sandbag dike will be constructed approximately 20 feet upstream of the
existing culvert to create a small pool. Clean water will temporarily be pumped around the
construction area and will be discharged into a buffer area located approximately 100 feet
downstream of the sandbag dike. Any dirty water located inside the construction area will be
pumped into a silt bag. The dewatered area will total approximately 300 square feet or 0.007
acres. Once the new structure is in place, the impervious dike will be removed and
preconstruction streambed elevations will be restored.
Construction of this project will necessitate impacts to waters of the United States in the French
Broad River Basin. The pipe in question carries Squirrel Creek (Class: C, Trout). The Division
11 Environmental Officer reviewed this project for the presence of threatened and endangered
species on February 21, 2002. The subject project has been determined to have no effect on any
federally listed endangered plant or animal species. Historic compliance work will be scheduled
and concurrence with the State Historic Preservation Office will be obtained if required.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAx [phone]
Mrs. Jean Manuele
Pipe #2243 on SR 1138, Avery
Page 2
March 1, 2002
The modifications proposed in this application should not remove or degrade existing water
quality uses. By utilizing the erosion control measures outlined in the attachments to this
application, downstream water quality standards will be protected.
Attached is a Preconstruction Notification Form, plan sheets with proposed erosion control
measures, a marked county map, a marked topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
We would like to begin construction as soon as possible. If further information is required, please
let me know. Your early review and consideration will be appreciated.
Sincerely,
?Z? --
Heath Slaughter
Division Environmental Officer
Enclosures
cc: Jean Manuele, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Cynthia Van Der Wiele, Division of Water Quality (2 copies)
R. C. McCann, PE, Division Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Dennis Bennett, Bridge Maintenance Engineer
Office Use Only: n r? C Form Version April 2001
USACE Action ID No. DWQ No. 0 2 0 3 5 4
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW #3 & NW #33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P. O. Box 250. North Wilkesboro. NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau hter a; dot.state.nc.us
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: Heath Slaughter. Division Environmental Officer
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: hslau hter a,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: Pine #2243 on SR 1138
2. T.I.P. Project Number or State Project Number (NCDOT Only): 5.7252
3. Property Identification Number (Tax PIN):
4. Location
County: Avery Nearest Town: Newland
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Newland, travel south on
NC 194. Turn right onto SR 1153. Turn left onto SR 1312. Turn onto SR 1138.
5. Site coordinates, if available (UTM or Lat/Long): UTM: 17 413592E 3990330N
(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:
Residential/Farm
7. Property size (acres): Approximately 0.03 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Squirrel Creek (Class: C. Trout)
9. River Basin: French Broad
(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/mgps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Upgrade existing stream crossing.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe and dump
trucks.
12. Describe the land use in the vicinity of this project: Residential/Farm
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.
NIA
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
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
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

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditchingtdrainage, 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 httl)://www.femago v.
*** 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 acres
Total area of wetland impact proposed: 0 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of Perennial or
Site Number Type of Impact* Impact Stream Name**
Stream Before Intermittent?
(indicate on map) (linear feet)
Impact (please specify)
Pipe # 2243 Pipe replacement 18 feet Squirrel Creek 3 feet Perennial
Temporary 100 linear
Pipe # 2243 Dewatering feet or 300 Squirrel Creek 3 feet Perennial
square feet
Miscellaneous
Pipe # 2243 rip-rap
placement for 40 feet or
less Squirrel Creek 3 feet Perennial
stabilization

* 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 losstgain),
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.usas.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mmuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 581n. ft. of new permanent impacts.
Page 6 of 12
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 Watble)
(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: fill, 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.):
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 minimised once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing nine must be replaced due to its condition. By utilizing the erosion control
measures as shown in the attached drawings, adverse impacts to streams in the area will be
minimised.
Pale 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strin,szide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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 bgp://h2o.enr.state.nc.us/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 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 [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Phoma_ranbs may also he included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
{ Gone l extends out JU teet perpendicular trom near bank of channel; Gone 1 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.
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.
All appropriate best management practices for sediment and erosion control will be
implemented during construction.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 10 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 Signaturer 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
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
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: [phone] Columbus Moore Sampson
,1111t12
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12

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CULVERT CONSTRUCTION SEQUENCE
LPLACE PROPER EROSION CONTROL DEVICES
(SILT BASINS, TEMP. DIVERSION, SILT FENCE ECT.)
2.CONSTRUCT IMPERVIOUS DIKE UP STREAM TO
CREATE SMALL POOL (DO NOT DIG A HOLE) SO
WATER CAN BE PUMPED AROUND CONSTRUCTION
AREA DOWN STREAM. (THIS WILL BE CLEAN WATER)
ANY UNCLEAN WATER FROM INSIDE CONSTRUCTION
AREA WILL BE PUMPED INTO A SILT BAG.
3. TAKE OUT EXISTING PIPE
4.CONSTRUCT PIPE
5.REMOVE IMPERVIOUS DIKE
6.COMPLETE ROADWAY (THIS INCLUDES SEEDING
AND MULCHING)
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Top: Inlet end of Pipe #2243 on SR 1138, Avery.
Bottom: Outlet end of Pipe #2243 on SR 1138, Avery.
a t
FILE COPY
TO: Mrs. Jean Manuele, USACOE
Raleigh Field Office
FROM: Maryellen Haggard, DOT Permit Coordinator
Habitat Conservation Program
DATE: March 14, 2002
SUBJECT: NCDOT pipe replacement no. 2243 on SR 1138 over Squirrel Creek, Avery
County
The North Carolina Department of Transportation (NCDOT) is requesting a concurrence
letter from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit
from the U.S. Army Corps of Engineers. Biologists on staff with the NCWRC have reviewed
the proposed improvements and are familiar with habitat values of the project area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the Clean Water Act of 1977 (33 U.S.C.
466 et seq.).
NCDOT proposes to replace the existing 42'x 72" pipe with a new 60'x 72" pipe with a
concrete headwall. This action will impact 58 linear feet of Squirrel Creek. Squirrel Creek is a
hatchery-supported stream and has wild brown trout. In the North Toe River downstream wild
rainbow and brown trout are found. This project has the potential to impact Squirrel Creek and
downstream waters through off site sedimentation during construction and blockage of aquatic
movement through improper pipe placement. We will not object to the project as proposed
provided that the following conditions are implemented:
Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15 to protect
the egg and fry stages of trout from off-site sedimentation during construction.
2. Disturbance of the stream channel must be limited to only what is necessary
to install the pipe. Heavy equipment should be operated from the bank
rather than in the stream channel in order to minimize sedimentation and
reduce the likelihood of introducing other pollutants into the stream.
3. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
Pipe Replacement, SR 1138 2 March 14, 2002
4. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 10 days of ground disturbing activities to provide long-term erosion control.
NCDOT should utilize onsite native vegetation and materials for streambank
stabilization, rather than excessive riprap (or hard stabilization methods). Vegetation
provides bank stabilization, as well as shade for cooler water temperatures, and
riparian edge habitat. If riprap is used, it must be limited to the lower 1/3 of the
streambank.
5. The new pipe should be buried approximately 12" into the streambed. Natural
streambed materials should be utilized. These materials can be salvaged during
culvert installation and then placed back in the culvert to mimic natural stream
dimensions through the culvert to the extent possible. The dimension, pattern, and
profile of the stream above, below and through the pipe should not be modified by
widening the stream channel or reducing the depth of the stream. Where disrupted,
natural floodplain benching should be restored in front of the concrete headwall so
that base flow is directed through the pipe.
6. All mechanized equipment operated near surface waters should be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me at (336)
527-1549.
cc: Cynthia Van Der Wiele, NCDWQ
Heath Slaughter, NCDOT
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