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HomeMy WebLinkAbout20020934 Ver 1_Complete File_20020611rll'111V_ ?ji Ecosystem PROGRAM Greg Thorpe, PhD., Manager Planning & Environmental Branch NC Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Subject: SR 2537 & SR 2240 Service Roads C WAlk March 7, 2005 DWQ #: 02-0934 COE #: 200221541, 200320140 DOT TIP #: R-2239 AC BAR 1 5 2005 ounty. i es DENR - WATER QUAUTy obi ft STOP WATER 8WH While comparing our records with those of the US Army Corps of Engineers, we have discovered that we never received your additional payment for the cost of mitigation conditioned in the 404 Permit dated October 24, 2002 for the subject project. According to the Corps of Engineers this project has been completed. Special Conditions of the 401 Permit allowed you to impact 323 linear feet of stream channels associated with this project by payment to the North Carolina Wetlands Restoration Program in the amount necessary to perform 646 linear feet of cool water stream compensatory mitigation, according to the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, in the Yadkin River Basin (Cataloging Unit 03040101). The total amount for this mitigation is $80,750.00, a check in the amount of $40,375.00 was received November 19, 2003 leaving a balance of $40,375.00 still due. Construction within jurisdictional areas on the property was supposed to begin only after the permittee had made full payment to the NC WRP, and the NC WRP had made written confirmation to the District Engineer that it agreed to accept responsibility for the mitigation work required. Enclosed you will find an invoice in the amount of $40,375.00 for the above referenced project. Considering the fact that this project has been completed, funds will be transferred internally to cover the amount of this invoice. If you have any questions or need additional information, please contact Beth Harmon, 919-715-1929 cc: Cyndi Karoly, 401 Wetlands Unit John Thomas, USACOE, Raleigh Darryl Lamb, DWQ Regional Office, Winston-Salem File Rutort?ig... E ... Protect oar Stag cerely, .. ail/ Y*4_? William D. Gilmore, PE Director NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net \O?0 RpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rte- Alan W. Klimek, P.E. Director > Division of Water Quality o -c June 21, 2002 Wilkes County DWQ Project No. 020934 Construct Service Roads at SR 2537 and SR 2240 State Project No. 6.769001T; TIP Project No. R-2239AC APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. William D. Gilmore, P.E., Manager NCDOT Project Development & Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions and those listed below, to impact three stream sites for a total of 323 linear feet of impacts to unnamed tributaries to Fishing Creek. The project should be constructed in accordance with your application dated May 31, 2002 (received June 11, 2002). After reviewing your application, we have decided that these impacts are 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 valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 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. Where practicable, storm water shall be directed to buffer areas or retention basins and should not be routed directly into streams. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 2. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 3. NCDOT is encouraged to use existing on-site vegetation and materials for stream bank stabilization and to minimize the use of rip rap. 4. The dimension, pattern, and profile of the stream and floodplain above and below the structure shall not be modified by widening the stream channel or reducing the depth of the stream. 5. Culverts 48" and larger should be buried approximately one foot into the streambed. Culverts less than 48" in diameter should be buried to a depth equal to, or greater than, 20% of their size to allow for passage of aquatic life. 6. If the existing culverts are perched, they shall be removed and replaced and installed correctly unless NCDOT provides evidence that this is not reasonable or feasible. 7. All work shall be performed during low flow conditions. .X N76E t 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/ 8. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 9. 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. 10. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this Certification. Should this occur, compensatory mitigation will be required since it is a direct impact from road construction activities. 11. Upon.completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 12. The Applicant shall require its contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This Certification shall expire upon the expiration of the 404 Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions. please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Ms. Jennifer Frye of the Winston-Salem Regional Office at 336.771.4600. Attachment Sincerely, .Klimek, P.Ff/ cc: Wilmington District Corps of Engineers Jean Manuele, USACE Raleigh Field Office NCDWQ Winston-Salem Regional Office Central Files File Copy ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director TO: Jean Manuele, NCDOT Coordinator Raleigh Regulatory Field Office, USACOE FILE COPY FROM: Marla Chambers, Highway Projects Coordinator Habitat Conservation Program, NCWRC DATE: . July 16, 2002 SUBJECT: Review of a 404 application by NCDOT to construct service roads at SR 2537 and SR 2240, impacting unnamed tributaries to Fishing Creek, Wilkes County. TIP No. R-2239AC North Carolina Department of Transportation (NCDOT) is requesting comments from the North Carolina Wildlife Resources Commission (NCWRC) on an application to obtain a 404 permit from the U.S. Army Corps of Engineers (USACOE). Staff biologists have reviewed the information provided by the applicant. 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 construct two service roads parallel to US 421 in Wilkes County. No impacts to jurisdictional areas are expected from one of the service roads. The other, between SR 2433 and SR 2240, will cross three unnamed tributaries to Fishing Creek. The crossing at Site 1 will extend the existing 2.13m x 1.83m concrete box culvert (length unknown), which lies under US 421 by 101.0 feet. Site 2 involves enclosing 116 feet of stream in a 900mm concrete pipe. It is noted that the location of the service road was shifted south to reduce stream impacts and allow for a more perpendicular stream crossing. Site 3 involves a 2.4m x 1.8m box culvert, 106.0 feet in length. Although no mitigation is offered, it is our understanding that this project is part of the US 421 project, R-2239A, which impacts these same streams just north of the proposed service road. NCWRC is concerned about fish and other aquatic life passage and potential project impacts to aquatic resources and water quality in these headwater streams; however, we can concur with the issuance of a 404 permit provided that the following conditions are placed on the subject permit: 1. NCDOT provide appropriate mitigation for the 323 feet of stream impacts associated with this project. 2. Stringent sedimentation and erosion control measures must be implemented and maintained until project completion to avoid impacts to downstream aquatic resources. 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. Erosion control matting should be used at stream crossings and areas adjacent to streams instead of straw mulch. 3. Removal of vegetation at the stream crossing and adjacent to streams should .?t?zed. Native trees and shrubs (e.g., rhododendron, dog hobble, a 1 lders, sycamores, dogwoods, black walnut and red maple) should be planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity of the road crossing and along the streams within dedicated rights of way. 4. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and vegetation should be used for stabilization above the high water elevation. 5. The culverts and pipe must be designed to allow for aquatic life and fish passage. Culverts 48 inches or larger should be buried approximately 1 foot into the streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). This may be accomplished by utilizing sills on the upstream end to restrict or divert flow to the base flow barrel(s). Sufficient water depth should be provided in the base flow barrel(s) during low flows to accommodate fish movement. Alternating or notched baffles should be installed inside the culvert in a manner that mimics existing stream pattern. This should enhance aquatic life passage by depositing sediments in the barrel, maintaining channel depth and flow regimes, and providing resting places for fish and other aquatic organisms. In essence, base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 6. The dimension, pattern, and profile of the stream above and below the base flow barrel(s) should not be modified by widening the stream channel or changing the depth of the stream. 7. If possible, stormwater should be routed to buffer areas and not discharge directly to the streams. 8. 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 streams. 9. If concrete is used during construction, adequate precautions must be taken to prevent direct contact between wet (uncured) concrete and stream water due to the potential for elevated pH that can cause a fish kill. Water that has contacted uncured concrete should not be discharged to surface waters. 10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at (704) 485-2384. Cc: Mr. Heath Slaughter, Division 11 Environmental Officer, NCDOT Ms. Cynthia Van Der Wiele, Highway Coordinator, DWQ y IJ jiF `N 1 f 420 r Vet I'?, LET STATE OF NORTH CAROLINA UP TYSECT1%) DEPARTN?ENT OF TRANSPORTATION -' MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY May 31, 2002 U.S. Army Corps of Engineers Regulatory Field Office 0 2 0 9 3 4 6508 Falls of the Neuse Rd. CRY Suite 120 Raleigh, NC 27615-6814 FILE ATTN: Ms. Jean Manuele Awt ?'c?'su' ED NCDOT Coordinator SUBJECT: Wilkes County, Construct Service Roads at SR 2537 and SR 2240, TIP No. R- 2239AC, State Project No. 6.769001T. Dear Madam: The North Carolina Department of Transportation proposes to construct two service roads parallel to US 421 in Wilkes County. The first service road will be parallel to US 421 between SR 2537 and SR 2357. No jurisdictional areas will be impacted by the construction of this service road. The second service road will be parallel to US 421 between SR 2433 and SR 2240. The project will improve safety by removing the existing at-grade intersection of US 421 and SR 2240. Access to US 421 will be provided via the proposed service road and an existing interchange with US 421 at SR 2433. Three jurisdictional streams will be crossed. These sites are depicted in the attache&permit drawings as sites 1-3. Site 1 involves th?extension of an existing 2.13m x 1.83m concrete.box culvert. The existing culvert lies under US 421. The culvert will be extended 101.0 feet. Site 2 involves installing a 900mm concrete pipe. It should be noted that the location of the -? n service road was shifted to the south (away from US 421) to avoid excessive stream impacts. The shift to the south allowed for a more perpendicular stream crossing. The new pipe will G Z enclose 116.0 feet of stream. Site 3 involves the construction of a 2.4m x 1.8m concrete, box culvert. The new culvert will be 106.0 feet in length. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733--9794 - TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS - - 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.DOT.ORG RALEIGH NC RALEIGH NC 27699-1548 - - Table 1. Imnacts To Jurisdictional Waters of the United States Site Fill in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Existing Channel Impacted (ft) Relocated Channel (ft) Temporary Channel Impacts (ft) 1 0 0 101.0 0 0 2 0 0 116.0 0 0 3 0" 0 106.0 0 0 Total 0.0 0.0 323.0 0 0 The Department submits the above information along with the attached. exhibits for your review. Please find attached a completed Pre-construction Notification Form (kN) along with the appropriate permit drawings. The NCDOT hereby requests that this work be authorized by Nationwide Permit No. 14. By Copy of this letter, ;the Department also requests that the North Carolina Division of Water Quality issue the appropriate Section 401 Water Quality Certification. A check in the amount of $200.00 is enclosed to cover the processing fee. If you have any questions or need any additional information, please contact Mr. Lindsey Riddick at (919) 733-7844 extension 304. Sincerely, William D. Gilmore, PE, Manager Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington 'Mr. John Dorney, Division of Water Quality Mr. David Cox, NCWRC Mr. Ron Linville, NCWRC Mr. Jay Bennett, P.E., Roadway Design Mr. Burt Tasaico, P.E., Programming and TIP Mr. David Henderson, P.E., Hydraulics \ Mr. Greg Perfetti, P.E., Structure Design Mr. David Harris, Roadside Environmental Mr. R.C McCann, P. E. Division Engineer-Div. 11 Office Use Only: 020934 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; X Section 404 Permit F-I Section 10 Permit X 401. Water Quality Certification Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII Mitigation), check here: II. Applicant Information 1. Owner/Applicant Information Name: Mr. William D Gilmore PE Manager Mailing Address: Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh North Carolina 27699-1548 Telephone Number: 919-733-3.141 Fax Number: 919-733-9794 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 3 of 13 ; III. Project Information. Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. . The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced.to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: TIP No. R-2239AC service road construction 2. T.I.P., Project Number (NCDOT Only): R-2239AC 3. Property Identification Number (Tax PIN): 4. Location County: Wilkes Nearest Town: Wilkesboro Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): US 421 in Wilkes County, North Carolina See attached map 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.) .r_ Describe the existing land use or. condition of the site at the time of this application: Roadway, commercial property, agriculture residential woodland 7. Property size. (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): unnamed ` tributaries to Fishing 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 4 of 13 10. Describe the purpose of the proposed work: The purpose of the proposed project is to improve access to US 421 from SR 2240 and SR 2537 and increase safety. 11. List the type of equipment to be used to construct the project: Heavy Highway Construction Equipment 12. Describe the land use in the vicinity of this project: some agriculture some residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. R-2239A; constructed 1993 USACE Action ID 199300818. Issued 2/26/1993 NCDWQ Project No 92748 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: No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent) 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 Page 5 of 13 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1 Wetland Impacts Wetland Located within Distance to Impact Site Number Type of Impact* Area of Impact 100-year * * Nearest Type of Wetland*** on (acres) Floodplain Stream (yes/no) (linear feet) map) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain.maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htti)://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams . Stream Length Average Impact Site of Width of Perennial or Number Type of Impact* Impact Stream Name** Stream Intermittent? (indicate on (linear Before (please specify) map) feet) Impact 1 Culvert 101.0 UT 4' p 2 Pipe 116.0 UT 5' p 3 Culvert 106.0 UT 9' p total 323.0 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, ; dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed; plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: " 323.0 3. Open , Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Type of Impact* Area of Name of Waterbody Type of Waterbody Page 6 of 13 Site Number Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (acres) bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation 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.): rroposea use or purpose of punu 11v1ZbLVL;K waLC;1111r,, 11116alivu, awui%.Li%., L'lMuL Fm-' 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. Alignment was shifted at site 2 to avoid additional stream impacts 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. Page 7 of 13 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 httl2://h2o.enr.state.nc.us/ncwetlands/stnnp,ide.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. No mitigation is proposed for this project 2. Mitigationay 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 lik6,to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. - For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.litm. 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): 0 Amount of buffer mitigation requested (square feet): Page 8 of 13 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? X. Yes X 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 X 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 X No 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 213 .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 X If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* . Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone l extends out su teet perpendicuiar from near oanx Ul cnannel; GVnc L CXLGLUS all additional 20 feet from the edge of Zone 1. Page 9 of 13 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. Project will construct a service road. NCDOT will use standard best management practices for erosion and sedimentation control. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes F No X Is this an after-the-fact permit application? Yes No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time, for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on Page 10 of 13 work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 12,? J L Applicant/Agent's Signattir? ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) 2341 2342 1.6 • FAG( N y ! ' ?"' `.Antioch '• , • Ch - 2344 v 3 2343 `"'?, •?` 2325 2340 2351,0 ` 23558 6 Antioch 2339 L. 2345 ! i.0 • Cali .2 6 '1 .0. 1.4 2440. 1 ! 2 2433 $ ? o ?5!2 2537 ?' 421 ` FAP 2357 2.4 2439 1 2340 .3 - 24411 '? rr in 2418 2547 ca N 2432 1.7 PROJECT SITES 2418 • 2418 fi 3. q 2549 2340 3 •3 2431 BRUSHY YADK.ily `PEEDEE RIVER BASF! N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS VICINITY WILKES COUNTY PROJECT; 6.769001T (R-2239AC) MAP INTERSECTION OF US 421 & SR. 2537 AND US 421 AND SR 2440. AUG., 2001 -- - SHEET ®F 8-20-01 10- Ll 1 ._ ?J . PR` ? i; . b , 046, I ?' • _-J// 1 J29 1 O ?i:/='f>J?? ?/?tel. ?.? , ,1,. i?•. ? ` ? ?s7o ? ??;/???: ??`ti/ <<` L ??`'' ? ? off.. ? ..• ??•\_ 11 n).1,. l `r ;F .i\=J-11 .,;1 /i /;(, . \. „?flllCl / ?1-, I n nl N. C. DEPT. OF TRANSPORTATION SITE MAP DIVISION OF HIGHWAYS WILKES COUNTY SITE ROADWAY PLAN SHEET PROJECT: 6.769001T (R-2239AC) 1 g INTERSECTION OF US 421 & SR 2 9 2537 AND US 421 AND SR' 24,410. 3 10 AUG,, 2001 SHEET Z-- OF 7 8-20-01 SITE 3 • L.LJ y6' / z o 00 1-7 ?o 'T u IT ?I Z .4?' > x 00 I H o - w 14 C7\ c o w o z Cl- J , o `o A \\ I a?3 NwZ am ` I o H r S A 1-4 ?., w w c, :2 O? N `` 1 E z w Z o. `n { , I 1 x I CfIJ hj t 1 rE 1 VD u i t :? I cv O t t I N ,1 o Q) 4 0 00 r '-^?- LLI LL- "L, z w ?1 f Mme/, :. 1 0 _ja CI- LL :3: Z47- - O') ' co T o cn 00+L1 ?l I I? z c oc C4 ?r CPS cn \ ? ao d ? x F t? v cn A iz c? x z ? a' 0 U E. -4 0 .4 o F 0 o z - u. F 0 '"' ? U ? ? ; 3 w ?? r F i-Z ? z z C3 09f f l \\ o \O ? 1 04 L , z 1Qo ° I s \ U °?, I o L 300 CMP I I x 1 I l ? co cr- o CL NI ? 110 w - 0 ? 1 1 00+? F ` I \ I l ll /P? W I V) R/ 1 a I J ?_ I v ? ?I 1 / / / 0 w U v? 0 0 h z? W J F- W N W W U F- O W Z? wL oLO d d o O O o 0 ? U D ` O N N Cl) U1 C V N v m 10 a Lil O (D O N o, co ° Q aCA? o 0 0 ?`v 3 I W Q ) U)v,. c 0= o 0 0 ° U CY) 3 m c o 0 0 m c c 0 0 Q i Z i v N C - N M ° L N L v O O O U ? Q ? a to 0 ` ? V I? > t O O O ° C d x .. G I W C W p CL g =? L ° Z W C O o o J 3 ~ C l S 5 y C 'O N L O O O O LL > U m'¢ ce) E "R 3 2 m X E O x VJ M o CY) I NN` ....0t O ? t O ( t co ° + co + n Go 2 W I-- >- (nL ? ? W ? W J m C z N C7 F_ (q O F- Z U O Q yr ° QN MotS? N ? }} N-v N N S O > F- n CL= (n .O. z 5c F- U otS Z= U O - OON? - O w O Z "T WOW Op J U. W O O ? W O Cl U?Q w ? W m LO LU Z 0 w N = z a cn ROGAN T. & MARIE S. MATHIS O 1756 ANTIOCH CH. RD. N. WILKESBORO, NC 28697 GREGG To INSCORE, , O2 1894 ANTIOCH CH. RD. WILKESBORO, NC 28697 GERALDINE M. & LOUIE NICKS O 4449 PULLMAN RD. BOONEVILLE, NC 27011 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS WILKES COUNTY PROJECT: 6.769001T (R-2239AC) INTERSECTION OF US 421 & SR 2537 AND US 421 AND SR 2440. AUG., 2001 SHEET V? OF 8 // 20 / 2001 LEGEND -WLB WETLAND BOUNDARY PROPOSED BRIDGE WETLAND C-L> PROPOSED BOX CULVERT DENOTES FILL IN PROPOSED PIPE CULVERT Eno WETLAND 12'-48' PTii DENOTES FILL IN (DASHED LINES DENOTE PIPES EXISTNG STRUCTURES) 54• PIPES SURFACE WATER & ABOVE F7 ?? ? L DENOTES FILL IN' SURFACE WATER G L '1L1C? SINGLE TREE (POND) TEMPORARY ?DENOTES AND WOODS LINE ILL FILL IN WETL ® DENOTES EXCAVATION DRAINAGE INLET IN WETLAND DENOTES TEMPORARY FILL IN SURFACE - ?- ROOT WAD ?11111? WATER • DENOTES MECHANIZED •' •' • • • CLEARING FLOW DIRECTION RIP RAP T13 TOP OF BANK ADJACENT PROPERTY OWNER WE - - - - EDGE OF WATER 5 OR PARCEL NUMBER IF AVAILABLE - -C- - PROP. LIMIT OF CUT - -F- - PROP. LIMIT OF FILL BZ1 BUFFER ZONE 1 - -- PROP. RIGHT OF WAY BZ2 BUFFER ZONE 2 - - NG - - NATURAL GROUND -PL - PROPERTY LINE -TOE- TEMP. DRAINAGE EASEMENT --PDE - PERMANENT DRAINAGE EASEMENT - EAB- EXIST. ENDANGERED. - ANIMAL BOUNDARY EPB - EXIST. ENDANGERED PLANT BOUNDARY - -- - - WATER SURFACE X x x)x x X LIVE STAKES N. C. DEPT. ®F TRANSPORTATION BOULDER DIVISION OF HIGHWAYS WILKES COUNTY CORE FIBER ROLLS PROJECT: 6.769001T (R-2239AC) INTERSECTION OF US 421 & SR: 2537 AND US 421 AND SR 2440. AUG., 2001 SHEET j OF -7 8-20-01 JUN 20 ?,. ??Ei'LAhDS SUP STATE OF NORTH CAROLINA p DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY May 31, 2002 U.S. Army Corps of Engineers Regulatory Field Office 0 2 0 9 3 4 6508 Falls of the Neuse Rd. Suite 120 Raleigh, NC 27615-6814 ATTN: Ms. Jean Manuele NCDOT Coordinator SUBJECT: Wilkes County, Construct Service Roads at SR 2537 and SR 2240, TIP No. R- 2239AC, State Project No. 6.76900 IT. Dear Madam: The North Carolina Department of Transportation proposes to construct two service roads parallel to US 421 in Wilkes County. The first service road will be parallel to US 421 between SR 2537 and SR 2357. No jurisdictional areas will be impacted by the construction of this service road. The second service road will be parallel to US 421 between SR 2433 and SR 2240. The project will improve safety by removing the existing at-grade intersection of US 421 and SR 2240. Access to US 421 will be provided via the proposed service road and an existing interchange with US 421 at SR 2433. Three jurisdictional streams will be crossed. These sites are depicted in the attached permit drawings as sites 1-3. Site 1 involves the extension of an existing 2.13m x 1.83,tp concrete box culvert. The existing culvert lies under US 421. The culvert will be extended 101,.0 feet. Site 2 involves installing a 900mm concrete pipe. It should be noted that the location of the FM -10 service road was shifted to the south (away from US 421) to avoid excessive stream impacts. [_I H The shift to the south allowed for a more perpendicular stream crossing. The new pipe will rn enclose 116.0 feet of stream. --? Site 3 involves the construction of a 2.4m x 1.8m concrete box culvert. The new culvert will be .106.0 feet in length. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION. - FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS - - - - 1 SOUTH WILMINGTON STREET RALEIGH NC 1548 MAIL SERVICE CENTER WEBSITE: WWW.DOT.ORG RALEIGH NC 27699-1548 Table 1. Irnnacts To Jurisdictional Waters of the United States Site Fill in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Existing Channel Impacted (ft) Relocated Channel (ft) Temporary Channel Impacts (ft) 1 0 0 101.0 0 0 2 0 0 116.0 0 0 3 0 0 106.0 0 0 Total 0.0 0.0 323.0 0 0 The Department submits the above information along with the attached exhibits for your review.' ,'lease find attached a completed Pre-construction Notification Form (PCN) along with the appropriate permit drawings. The NCDOT hereby requests that this work be authorized by Nationwide Permit No. 14. By Copy of this letter, the Department also requests that the North Carolina Division of Water Quality. issue the appropriate Section 401 Water Quality Certification. A check in the amount of $200.00 is enclosed to cover the processing fee. If you have any questions or need any additional information, please contact Mr. Lindsey Riddick at (919) 733-7844 extension 304. Sincerely, ?.J William D. Gilmore, PE, Manager Project Development and Environmental Analysis Branch cc: Mr. David Franklin, USACE, Wilmington ,Mr. John Dorney, Division of Water Quality Mr. David Cox, NCWRC Mr. Ron Linville, NCWRC Mr. Jay Bennett, P.E., Roadway Design Mr. Burt Tasaico, P.E., Programming and TIP Mr. David Henderson, P.E.., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. David Harris, Roadside Environmental Mr. R.C McCann, P. E. Division Engineer-Div. I 1 Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 0 2 0 9 3 4 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: X Section 404 Permit Section 10 Permit - X 401 Water Quality Certification n Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW14 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: IL Applicant Information 1. Owner/Applicant Information Name: Mr. William D Gilmore PE Manager Mailing Address: Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh North Carolina 27699-1548 Telephone Number: 919-733-3141 Fax Number: 919-733-9794 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 3 of 13 IIL 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 1.1 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: TIP No. R-2239AC, service road construction 2. T.I.P., Project Number (NCDOT Only): R-2239AC 3. Property Identification Number (Tax PIN): 4. Location County: Wilkes Nearest Town: Wilkesboro Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): US 421 in Wilkes County, North Carolina See attached map 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 cQAdition of the site at the time of this application: Roadwa, commercial property, agr1culture residential woodland 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): unnamed tributaries to Fishing 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 4 of 13 10. Describe the purpose of the proposed work: The purpose of the proposed project is to improve access to US 421 from SR 2240 and SR 2537 and increase safety. 11. List the type of equipment to be used to construct the project: Heavy Highway Construction Equipment 12. Describe the land use in the vicinity of this project: some agriculture some residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide, photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. R-2239A constructed 1993. USACE Action ID.199300818. Issued 2/26/1993 NCDWQ Project No 92748 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: No 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 Page 5 of 13 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100- ear Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** List eaen impact separately ana taenury temporary impacts. impacts 111UMUc, UUL WE; HUL uuuLcu w. 111"Ll lil .cU ?M"-%, 6-...E" ._•_, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Length Average Impact Site of Width of Perennial or Number Type of Impact* Impact Stream Name** Stream Intermittent? (indicate on (linear Before (please specify) map) feet) Impact 1 Culvert 101.0 UT 4' p 2 Pipe 116.0 UT 5' p 3 Culvert 106.0 UT 9' p total 323.0 List eacn impact separately ana taenury temporary impacts. impacLs.,nL;iuuc, UUL aic uUL iA1111Mu w...u.vv.w - -w.c==. ..r ?r dams (separately list impacts due to both structure and flooding), relocation' (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 323.0 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Type of Impact* Area of Name of Waterbody Type of Waterbody Page 6 of 13, Site Number (indicate on map) Impact (acres) (if applicable) (lake, pond, estuary, sound, bay, ocean, etc.) * List .each impact separately and identify temporary impacts. ' Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation 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: i VIL 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. Alignment was shifted at site 2 to avoid additional stream impacts 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. Page 7 of 13 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/stnngide.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. No mitigation is proposed for this project 2. Mitigation may also be made by payment into,he 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 notelhat payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wry/index.fitm. 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): 0 Amount of buffer mitigation requested (square feet): Page 8 of 13 Amount of Riparian wetland mitigation requested.(acres) 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes X 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 X 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 X 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 X If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each _zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone l extends out su teet perpenaieuiar rrom near oanx ur una[iuei; c,unu /_ extc,iu all additional 20 feet from the edge of Zone I Page 9 of 13 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. Project will construct a service road. NCDOT will use standard best management practices for erosion and sedimentation control: XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes No X Is this an after-the-fact permit application? Yes [] No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may .choose to list constraints associated with construction or sequencing that may impose limits on Page 10 of 13 work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 4, Applicant/Agent's SignaW44 Efate (Agent's signature is valid only if an authorization letter from the applicant is provided.) 2341 2342 0 (.Anti 23 2343 YADK:IN-PEEDEE RIVER BASIN N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS jl WILKES COUNTY V11 CINIY \ PROJECT:6J69001T (R-2239AC) MAP INTERSECTION OF US. 421 & SR 2537 AND US 421 AND SR 2440. ALA G., 2001 °?HEET OF 7 8-20-01 J?// ("?? •? ? Hoch ' , _ i 'NO I iig :j SI T E 3 r= "i? `L?t t v: lid a- r 1I\ N. C. DEPT. OF TRANSPORTATION SITE MAP DIVISION OF HIGHWAYS WILKES COUNTY SITE ROADWAY PLAN SHEET PROJECT: 6.759001T (R-2239AC) 1 g INTERSECTION OF US 421 & SR 2 9 2537 AND US 42L AND SR 2440- 10 3, AUG., 2001 SHEET Z--- OF 7 8-20-01 V) IV 04 Cl) C4 CV .. 0 0 0 a w z f o -? o CL or_ ?? I a En H w z u .4 V) w :> H r m a 0 ?? w \F U a Z V) E cr- ' z - < t 1 E 1 M ' b rn 1 Loj 1 ? N of .\ \ o I w z ? ',__ ?A z w C LL CY) w " Z / 00+ Z/ ti I I? ? z O 9o 0 ? rn U ? aP! cv \ o ? ff x 00 b o . H z ? p z ? x a 44 U ? o? o E-+ O W c a, cn 0 Z O cr, a ? ? d a o w 3 Fy p r wZ ? w > A A p 0 w M w I U Z 0 \ \ -mfr f \ w r LL 4 \o 07 . o I i \ ? a o Z ,.,., , ? o ? v 3 ?J Q- PEE ? N Q h : xl?--` ?lw a - C U cl? =. I ? - - _ _. I C 300 GMP I i X + J M ,. Ew `co w ' I N o ' .? co I 6i Z ° W o / - w W ? I O ?3 UJ¢ L.L O? Z 00+ I ? \ I ? a w d o p o ° O ? L W 0 "d (n N N Cl) C C 2 (0 O 04 = a O ° . V Q x 0.9 N p CO CO p of N a D ?- r M ui U_ O Q C. co t o O - O r= c W Q LL C O o o ° a v v m c o 0 0 0 m? c o 0 0 Q u. ? N C N L m ° _ .. O O O Q ) U CL G N ? CO) 0,0 H U m m > m t o O o 0 Lu W o CL =? D g LL c o 0 0 ° z W E m t W H . t o 0 0 ° ii m co m y 'p E E O ao i _ 4 X ° X U1 N E O m !n C7 r @) V ? N O C.t a) it ) O c 0O co - U + co + co M W r-- r-- V) LL r `- W ? W 66 J ?0 z CV C9 H Cn 0 F.. C06?N Cco ?< &VCV Z Z D U) < ? 0 :D ?- LL .6 S 0 OO N? U_ - O z m 0 )Z o J . F-•:D LL ID W00 ? U Q UJ LU I— F- ' ) F- M UJ N W 0 ) . 1: Z CL O N N M a d N E O LL ROGAN T. & MARIE - S. MATHIS O 1756 ANTIOCH CH. RD. N. WILKESBORO, NC 28697 GREGG Te INSCORE O2 1894 ANTIOCH CH. RD. WILKESBORO, NC 28697 GERALDINE M. & LOUIE NICKS O 4449 PULLMAN RD. BOONEVILLE, NC 27011 i N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS WILKES COUNTY PROJECT- 6.769001T (R-2239AC) INTERSECTION OF US 421 & SR 2537 AND US 421 AND SR 2440. AUG., 2001 SHEET (P OF 8// 20/ 2001 LEGEND ---WLB WETLAND BOUNDARY PROPOSED BRIDGE LL WETLAND L PROPOSED BOX CULVERT DENOTES FILL IN PROPOSED PIPE CULVERT ® WETLAND 12'-48' DENOTES FILL IN (DASHED LINES DENOTE PIPES EXISTNG STRUCTURES) 54' PIPES SURFACE WATER & ABOVE DENOTES FILL IN ® SURFACE WATER SINGLE TREE (POND) DENOTES TEMPORARY T ND WOODS LINE LA FILL IN WE DENOTES EXCAVATION DRAINAGE INLET IN WETLAND ® DENOTES TEMPORARY . FILL IN SURFACE --^^? ROOTWAD WATER • • DENOTES MECHANIZED • • •' • • • CLEARING FLOW DIRECTION RIP RAP B T -" ? TOP OF BANK ADJACENT PROPERTY OWNER WE - EDGE OF WATER - 5 OR PARCEL NUMBER OR IF AVAILABLE C- _. PROP. LIMIT OF CUT -F - PROP. LIMIT OF FILL BZi BUFFER ZONE I --- PROP.RIGHT OF WAY BZ2 BUFFER ZONE 2 - - NG - - NATURAL GROUND --PL- PROPERTY LINE JDE- TEMP. DRAINAGE EASEMENT -PDE- PERMANENT DRAINAGE EASEMENT EAB- EXIST. ENDANGERED w.., - >B- EXIST. ENDANGERED PLANT BOUNDARY. - - - - - - - WATER SURFACE X XXX X X LIVE STAKES N. C. DEPT.OF TRANSPORTATION BOULDER DIVISION OF HIGHWAYS WILKES COUNTY CORE.FIBER ROLLS PROJECT: 6.769001T (R-2239AC) INTERSECTION OF US 421 & SR 2537 AND US 421 AND SR 2440. AUG., 2001 SHEET j OF 5-20-O1 0 ?Zc) TO: Jean Manuele, USACOE Raleigh Regulatory Field Office FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: June 13, 2002 FILE T"OPY SUBJECT: North Carolina Department of Transportation (NCDOT), SR2537 & SR2240, TIP No. R-2239AC, Unnamed Tributaries of Fishing Creek, Wilkes County 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 North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25). The NCDOT proposes to provide service roads parallel to US 421 between SR2433 and SR2240. Biologists with the NCWRC are familiar with habitat values in the area. Impacts to jurisdictional waters will include 101.0 feet of stream at site I, 116.0 feet at site II, and 106.0 feet at site III. Total impacts will be 323 linear feet of perennial stream. We do not anticipate the presence of trout at this location although small mouth bass and warm water fish are found in Fishing Creek. While our general preference is to bridge streams, we will not object to the project providing the following conditions are implemented: 1. Culverts 48" or larger should be buried approximately F into the streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. 2. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. TIP No. R-2239AC, UTs Fishing Creek 2 June 13, 2002 3. 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. 4. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. 5. 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 when practicable. 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 336/769-9453. Cc: Marella Buncick, USFWS Becky Fox, EPA Cynthia Van Der Wiele, DWQ / Z O n m z c 3 m x o o, . z o O ?P 0 N m v O O D ? N M OM M O z n O n m - \ ? N 0 3 0 c O z 0 Z v CA 0 O c z m c? x z m a N 3 0 O 0 c o z ? O G O Z O N w 0 IPA 0 N J z n v m v a m 0 o Om -? m ?c zZ ?? 0 O O v N 0 - 01 0 iP t N O 0 N