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HomeMy WebLinkAbout20020361 Ver 1_Complete File_20020311s.A-_- STATE OF NORTH CAROLINA 020361 DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT GOVERNOR PHONE. 919-733-2520 SECRETARY March 7, 2002 Mrs. Jean Manuele U. S. Army Corps of Engineers J ?? ?;? ?? T l y Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 Subject: Nationwide Permit #3 & #33 Pipe #2151 on SR 1331 Yadkin County, North Carolina Project Number: 5.7752 (No DWQ Permit Fee Required) Dear Mrs. Manuele: The NC Department of Transportation is scheduled to replace Pipe #2151 on SR 1331 in Yadkin County with a new pipe at the same location. No detour is proposed. The existing structure is a 60'x 72" CMP. The proposed new structure is a 65'x 72" CMP with a concrete headwall. Miscellaneous rip-rap impacts will total 40 linear feet or less. New stream impacts = 451n. feet. The replacement of the deteriorating pipe with the proposed new pipe will require temporary dewatering. 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 105 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 420 square feet or 0.01 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 Yadkin River Basin. The pipe in question carries an unnamed tributary to North Deep Creek (Class: Q. The Division 11 Environmental Officer reviewed this project for the presence of threatened and endangered species on March 5, 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 (336) 667-9111 FAx (336) 667-4549 Mrs. Jean Manuele Pipe #2151 on SR 1331, Yadkin Page 2 March 7, 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, 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: 020361, Form Version April 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. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ? 401 Water Quality Certification ? Riparian or Watershed Buffer Rules d 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: (336) 903-9236 Fax Number: (336) 903-9239 E-mail Address: hslaughternae,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: (336) 903-9236 Fax Number: (336) 903-9239 E-mail Address: hllaughter ,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: Pipe #2151 on SR 1331 2. T.I.P. Project Number or State Project Number (NCDOT Only): 5.7752 3. Property Identification Number (Tax PIN): N/A 4. Location County: Yadkin Nearest Town: Jonesville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Jonesville, travel south on SR 1331 until just past Shady Grove Church. 5. Site coordinates, if available (UTM or Lat/Long): UTM: 17 521249E 4006723N (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): UT of North Deep Creek (Class: C) 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/mgpst.) 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 damn 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. 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 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 identity temporary impacts. impacts mciuae, our are not nrmrea w: mccnaruc.Uu U,ca ll1r, giau l& Lill, excavation, flooding, ditching/drainage, eta 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 hq://www.femagov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) 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** B fore Stream Intermittent? (indicate on map) (linear feet) e Impa (please specify) Pipe # 2151 Pipe 5 feet UT of North Deep Creek 4 feet Perennial Replacement Pipe # 2151 Temporary 105 linear feet or 420 UT of North Deep Creek 4 feet Perennial Dewatering square feet Miscellaneous Pipe # 2151. rip-rap placement for 40 feet or less UT of North Deep Creek 4 feet Perennial stabilization * List each impact separately and identify temporary impacts. impacts include, but are not timttea to: culverts ana associatea 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, eta), 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.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.Wmone.com www.mavouest.com, eta). Cumulative impacts (linear distance in feet) to all streams on site: 45 In. f1. 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 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: 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.uine must be replaced due to its condition. The replacement pipe leng h will be the minimum needed to create a safe crossing. By utilizing the erosion control measures as shown in the attached drawings, adverse impacts to streams in the area will be minimized. Page 7 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/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 hn://h2o.enr.state.nc.us/wrp/ind?.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 El No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Page 9 of 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 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. XH. 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 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. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XM- Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No 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). O Z_ Applicant/Agent's Signate 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: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 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: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 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: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 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: (910) 251-4511 Columbus Moore Sampson Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 C p U N T - - ?:-a?.?: 'ems-. -- - - -- - - - ? -.- j CT q 14 --r" co N cn 7o sac _. ' 6Z 8 l f ?" ?!+?a \ ? Ta ' p 7 ?? 7a W a 0 rn zc 1'2 I l < •i- Co ?a _ ?_'1 fem. 1*0 1.0 a 4 co ?91 N j R 1 '0 0 O N O O. cD n O Oct O A? `L3 -J N 11 v R° II O O 01 J N w (D II cn N N ?O R° N tJt N v O N to tD rr C --I 3 r V Ln N r N A %D m A 0 0 rn V N w z m r M Z O C C N a c a? a 0 b UQ c? O N 'iicrosoi? ?,erra?erver rrm? rage n«paiterraserver.nomeaavlsor.msn...asp-!b=12_&1=Lc?cX=6J 1 & Y =JUU8&Z=17& W=1 6 km SW of Boonville, North Carolina, United States o1 jui 1991 ?,•? ? 11 ? t ?r"? ? "°` ? ? •..T 3? 1 ?-'' -''??•' .? it # ?' ?`i a?ia??y_ is ? '', iF L ( i? ,t' r; l i r O?m 1 i -' % -'`?L??j` 0' '.5Km 0' '.25Mi Image courtesy of the US Geological Survey. :)f2 1/15/02 11:13 AM 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) a m ,- r ?/ r ' I ? I J ? J "",l. o LpW w CD w m w cr u Z z Q O (n U oN??r V ? o ,y o A? W W W Ld W W W O (.D J F- LL to x W W O h O - W_ F- W J Z M M N O J J Q 0 a W S c? Q CC) 0 Z Q N \ n. O l Ln M i N O F- N W J O ;rm CI` A 3 W W U Q LL rr 7) N W Q W m a W F- N U Z O_ Q U_ )-i- N V) Q J U Cr W F- Q W U S N m W D Z W O U W Q or W 0 Li U O Ln 3: Qo w 5: x F- N W J Q z_ W W W W > O J J_ Li LL O Ln N M M Ln O F- J J Q C) Q W S W F- W U Z O U O ?- Ln M N O F- N W _J Q' O Z O Q O 04 Q ?r 4? ? NA A W U Q LL- N W Q 0 W co Q W F- (n U ti Q Q O J WM uJ - W O_ m ag J Q W W 0-1 W - F- 0- N U W rZ4 M Q R ? Z N 0 4 S, h TopoZone - The Web's Topographic Map D2036 topozone.com Copyright ® 2000 Maps ale carte, Inc. . n Page 1 of 2 To a 0 z_ 0 RL. C, 0T Target is UTM 17 521249E 4006723N - ELKIN SOUTH quad [Quad Info; ,., f'?5..m`i `I ail I i ? .? _ l ? _. .--. ?% _ • f' ? :_ (frk i a ?t d _ .A http://www.topozone.com/print.asp?z=17&n=4006723&e=521249&s=25 3/7/02 0 Soo 1000 1500 2000 meters I _ _ - I I miles ? i OIS j? ' I TopoZone - The Web's Topographic Map t 1 Page 1 of 2 0?03F1 100ozone .com Target is UTM 17 521249E 4006723N - ELKIN SOUTH quad [Quad Info] C http://www.topozone.com/print.asp?z=17&n=4006723&e=521249&s=25 3/7/02 0 500 1000 1500 2000 meters i i i ( r, miles ?. .,. ., .,.;o? Top: Inlet end of Pipe #2151 on SR 1331, Yadkin County. Bottom: Outlet end of Pipe #2151 on SR 1331, Yadkin County. ? ? FILE COPY TO: Mrs. Jean Manuele, USACOE Raleigh Field Office FROM: Maryellen Haggard, DOT Permit Coordinator Habitat Conservation Program DATE: March 20, 2002 SUBJECT: NCDOT pipe replacement no. 2151 on SR 1331 over an unnamed tributary to North Deep Creek, Yadkin 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 an existing 60'x 72" pipe with a new 65'x 72" CMP with a concrete headwall. This action will impact 45 linear feet of an unnamed tributary to North Deep Creek. North Deep Creek does not support trout. We will not object to the project as proposed provided that the following conditions are implemented: 1. The new pipe should be buried one foot into the streambed to provide for movement of aquatic organisms. If the pipe is installed properly, drop outlets will be eliminated and the pipe bottom should not be visible but covered by natural streambed materials. Where disrupted, natural floodplain benching should be restored. This includes the area in front of the concrete headwall so that the base flow is directed through the pipe. 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. Pipe Replacement No. 2151, SR 1331 2 March 20, 2002 3. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. " 4. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. We encourage NCDOT to utilize onsite vegetation and materials for streambank stabilization, to minimize the use of riprap (or hard stabilization methods) and to maximize the use of native vegetation for stabilization and shade. 5. 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