20060821 Ver 1_Complete File_20060531

(< North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
TO: Steve Lund, USACOE
Asheville Field Office
FROM: Ron Linville, Regional Coordinator ZW Y 2 6 2006
MA
Habitat Conservation Program
DENR - WATER QUALITY
DATE: May 19, 2006 WETLANDS 00 ST61,$M10-ER BRANCH
SUBJECT: North Carolina Department of Transportation (NCDOT), SRI 369, Nelda Road, Unnamed
Tributary Long Creek, Gaston County
NCDOT proposes to replace an existing culvert with a new culvert. Biologists with the North Carolina
Wildlife Resources Commission are familiar with habitat values in the 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 North Carolina Environmental Policy Act (G.S. 113A-1 through
113A-10; NCAC 25). Removal of the existing bridge will not impact waters.
The project will replace a deteriorating 50-foot, 60" CMP with a new 60-foot, 95" x 67" CMPA. The
existing pipe is perched approximately three (3) feet. The "normal" stream channel is indicated to be
approximately four (4) feet wide and perennial. NCDOT proposes to install the CMPA with inlet
headwall and associated riprap for stabilization and maintain the perched condition while providing a five
(5) foot rock ladder to facilitate some aquatic passage due to an indicated pipe slope of about six (6)
percent. Temporary pumping or bypass piping will facilitate working in the dry. Waters in the general
area support warm water fish species and other aquatic species.
Based on our review of the project submittal, we will not object to the project providing the following
conditions are implemented to the extent practicable:
Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts
less than 48 inches 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 fish are present in this perennial stream and substantial stream habitats are present
upstream of the culvert, NCDOT should provide stream connectivity and aquatic passage
suitable for warm water fishes. Should slopes be too steep, baffles should be provided within
the culvert to prevent sluicing upstream and to prevent scouring downstream. If fish are not
present in the area, the proposed rock ladder will be acceptable providing it maintains stream
dimensions useful for aquatic life passage.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
'A
SRI 369, Nelda Road -Page 2 -
May 19, 2006
3. The dimension, pattern, and profile of the stream above and below the crossing should not be
modified by widening the stream channel or reducing the depth of the stream.
4. Any riprap used must not interfere with aquatic life passage during low flow conditions.
5. If concrete will be used, work must be accomplished so that wet concrete does not contact
stream water.
6. 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.
7. Stringent erosion control measures should be installed where soil is disturbed and maintained
until project completion.
8. Temporary or permanent herbaceous vegetation should be planted on all bare soil within
fifteen (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: Polly Lespinasse, DWQ-MRO
Kathy Matthews, EPA
Trish Simon, NCDOT
OF W ATFR
?•
co r
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151
I .._ i 7 O I"?'
t.

May 31, 2006
DWQ# 06-0821
Gaston County
APPROVAUMODIFICATION of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holder:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 20 linear feet (If) (for culvert extension and installation of a rock ladder) and to temporarily impact 15 If
(for a temporary cofferdam) of an unnamed tributary to Long Creek` to replace an existing, deteriorating culvert
as described in your application received by the Division of Water Quality (DWQ) on May 18, 2006. The
location of the project is State Road 1369 (Nelda Road) in Gaston County. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3404. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below) and will expire with the associated USACE 404 permit unless otherwise specified in the Water Quality
Certification. Should your project change, you must notify the DWQ in writing and you may be required to
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 conditions. If total wetland fills for this project
(now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and (7). For this
approval to remain valid, you must adhere to the conditions in the attached certification and those listed below:
The rock ladder at the outlet of the culvert shall be constructed as depicted in the application and shall be
installed in such a manner that the original stream profiles are not altered. DWQ will require the presence
of the NCDOT Division Environmental Officer or Environmental Specialist during the construction of
the rock ladder. The structure shall be designed and installed to allow for wildlife movement as well as
prevent headcutting of the stream. The inlet end of the pipe must be placed below the elevation of the
streambed by one foot to allow for low flow passage of water and aquatic life. All structures shall be
installed in such a manner that the original stream profiles are not altered (i.e., the depth of the channel must
not be reduced by a widening of the streambed). Design and placement of culverts and other structures
including temporary erosion control measures shall be installed in such a manner that the original stream
profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed).
Existing stream dimensions (including pattern and profile) are to be maintained above and below locations of
each culvert. The applicant may be required to provide evidence that the equilibrium has been maintained, if
requested in writing by the DWQ.
"No stream determination performed.
lhCarolina
NNoau&r' ;
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet N%_\A_\\_ iic"zi1ciL1naht\.oi, Mooresville, NC 28115
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Phone [phone]
FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Page 2
2. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions.
Riprap placed for bank stabilization should be limited to the stream bank below the high water mark and
vegetation should be used for stabilization above the high water mark.
3. Heavy equipment must be operated from the banks rather than in the stream channel, when possible, in
order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
4. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
5. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
6. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
8. All work shall be performed during low or normal flow conditions.
9. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is strictly prohibited.
10. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards:
a. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow pit sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
11. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
12. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it
is a direct impact from road construction activities.
13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the 401 Certification has been completed. Please
include photographs upstream and downstream of the structure to document correct installation.
r
Page 3
14. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act]
and any other appropriate requirements of state and federal law. If DWQ determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal
law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate
and modify this certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify
NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-
1699.
Sincerely,
for Alan W. Klimek, P. E.
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
Central Files
File Copy
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N,FRQU,
STATE OF NORTH CAROLINA Re
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GOVERNOR
May 15, 2006
Mr. Steve Lund
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, N. C. 28801-5006
SUBJECT:
Dear Mr. Lund:
LYNDO TIPPETT
SECRETARY
060821
Pipe replacement on SR 1369 (Nelda Road), Gaston County
The North Carolina Department of Transportation proposes to replace a deteriorating pipe on SR
1369 in Gaston County. An existing 50-foot, 60" CMP will be replaced with a 60-foot, 95" x
67" CMPA with inlet headwall and associated riprap for structure stabilization. The "normal"
stream channel dimensions are approximately 4 feet; therefore, the riprap will also be utilized to
maintain the normal stream dimensions at the inlet. The existing pipe is perched -3 feet at the
outlet. Reconnecting the upstream and downstream elevations would result in a pipe slope of
-6%; therefore, the proposed pipe inlet will be buried one foot below the streambed elevation and
the pipe outlet will remain perched. A 5-foot rock ladder will be constructed at the outlet to
facilitate some aquatic passage. Due to the existing site conditions, NCDOT requests a waiver
from the Regional Condition 2(b)(e) permit depth specification, for the construction of this
project. Temporary cofferdams and/or bypass piping will be utilized for stream management
during the pipe replacement. Upon project completion, the area impacted by the temporary
cofferdam will be restored to pre-project conditions. The total scope of the work will result in a
20 feet of permanent impacts and 15 feet of temporary impacts to an unnamed tributary to Long
Creek, which is classified as Class C waters by the Division of Water Quality. Please note that a
recent disturbance has occurred at the existing pipe inlet, which appears to be a utility line
crossing.
The project is not located within '/z mile of any critical watershed area nor is SR 1369 a rural or
urban arterial; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill
basin checklist. This office has conducted a GIS and field survey for the project and is
recommending a finding of "no effect" for T&E species and historical structures.
I have enclosed a pre-construction notification for a NW#14, sketches of planned activities, and
location maps relative to the project.
a
SR 1369, Nelda Road
Page 2
May 15, 2006
Project information for the 401 Automated Payment Procedure is as follows:
• Work order number: 150464-55120005-1213.203611-3855
• TIP #: NA
• Project Category: $200.00 Fee
If you have any questions or concerns, please feel free to contact me at [phone]. Thank
you for your time and consideration to this matter
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division

Trish Simon
Division 12 Environmental Supervisor
Enclosures
Cc: John Hennessy, DWQ, 401 /Transportation Permitting Unit
Polly Lespinasse, DWQ, Mooresville Regional Office
Ron Linville, Wildlife Resources Commission (Courtesy Copy)
k a
Office Use Only: oo a 2 Version May 2002
?oos
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mike Holder N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby North-Carolina 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Trish Simon
Company Affiliation: N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby North Carolina 28151
Telephone Number: 704480-9044 Fax Number: 704480-5401
E-mail Address: tsimon aWot state nc us
Page 1 of 8
III. ProjeTlormation
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 I I 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 replacement SR 1369, Nelda Road.
2. T.I.P. Project Number or State Project Number (NCDOT Only): 12B.203611
3. Property Identification Number (Tax PIN): NA
4. Location
County: Gaston Nearest Town: Dallas
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): From Dallas, proceed on Hwy
279 west turn left onto Hwy 275, proceed for- lmile and turn left onto SR 1369 and
proceed to project site.
5. Site coordinates, if available (UTM or Lat/Long): 35° 18' 17"N/81 ° 12' 52"W
(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. Property size (acres): 0.10 acres (NCDOT ri t of way) project site,
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Long Creek, Class C Waters
(from Mountain Creek to South Fork Catawba River).
8. River Basin: Catawba
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:Existing Conditions - pipe crossing on paved secondary road.
General Land Use- residential/agricultural.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: NCDOT
proposes to replace a deteriorating 50-foot, 60" CMP with a 60-foot 95" x 67" CMPA. The
existing, pipe is perched -3 foot. The pipe inlet will be buried one foot below existing
streambed elevation and the new pipe outlet will be placed approximately on the same
gradient as the existin_g?pipe (-2%) and a rock ladder will be constructed at the outlet to
facilitate aquatic passage The existing stream channel is --4 feet wide; therefore, rock will be
utilized to maintain the normal channel dimensions Installation is to be accomplished with
the use of trackhoe.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to replace s
deteriorating pipe.
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None Anticipated -
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section 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.
1. Provide a written description of the proposed impacts: There will be minor impacts from pipe
fill and riprap for structure stabilization and the outlet rock ladder.
Page 3 of 8
? Individually list wetland impacts below: NO WETLAND IMPACTS
Wetland Impact
Site Number
indicate on ma AA
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
(linear feet
Type of Wetland***

* 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 http://www.fcma.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
I Individually list all intermittent and perennial stream iml,acts below:
Stream
Impact Site
Number Type of Length of Impact **
Stream Name" Average Width
of Stream Perennial or
Intermittent?
(indicate on Impact* (linear feet) Before Impact (please specify)
ma
1 Pipe length loft Unnamed tributary to 4 ft Perennial
Long Creek
Rock
1 ladder/Structure 10 ft "
stabilization
I Temporary 15 ft "
Cofferdams
* 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.ust-s.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
www.topozone.com, www.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Permanent Impacts = 20
feet Temporary Impacts = 15 feet.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and another water of the U.S.) below: 0
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
(if Name applicable) Wat) Type of Waterbody
(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.
Page 4 of 8
5. Pond Creation: NO POND IMPACTS
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
There is minimal increase in pipe length to provide adequate road shoulder width. Burying the
pipe outlet below streambed elevation would result in apipe slope of -6%, which could result in
stream headcutting upstream or scourhole formation downstream. Due to the existing perched
pipe condition site the new pipe will remain perched at outlet to prevent destabilization and a
rock ladder will be constructed to facilitate some aquatic passage.
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
Page 5 of 8
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
MITIGATION NOT ANTICIPATED.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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,
Page 6 of 8
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:
XI.
XII.
Identify the
mitigation i
multipliers.
square feet and acreage of impact to each zone of the riparian buffers. If buffer
s required calculate the required amount of mitigation by applying the buffer
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
NA
Stormwater (required by DWQ)
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.
No additional impervious surface.
Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
NA
XIII. Violations (required by DWQ)
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 7 of 8
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).
V

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Name: GASTONIA NORTH
Date: 5/12/2006
Scale: 1 inch equals 1000 feet
Location: 035° 18'30.25" N 081 ° 12'51.23" W
Caption: Pipe Replacement, SR 1369 (Nelda Road), LIT to Long Creek,
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NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 1 ? County: Gactnn Project ID:
River Basin: Catawba Bridge No: Pipe Replacement
Route: SIR, 1369, Nelda Road Stream: UT to Long Creek, Class C Waters
Water Quality Criteria:
Yes No
Stream Crossing Blue Line On USGS Ij r
ORW F W
WSI F W
WS 11,111 OR IV, Crossing Within 0.5mi of W.S. Critical Area r r
RoadwU Criteria:
Route Designation-
Arterial Urban
Arterial Rural
Additional Site Information:
Is a Hazardous Spill Basin Required?
Yes No
r rJ
r ?
Yes No
r P-0
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).