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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
October 3, 2005
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #3 and #33
0518'0
Pipe under NC 90, replacement
Caldwell County, North Carolina
Project Number: 11.101421 (No DWQ Permit Fee Required)
Dear Mr. Thomas:
A pipe underneath NC 90 that carries an unnamed tributary to Estes Mill Creek (Class: C; Tr,
ORW) in Caldwell County is in need of replacement. The original pipe was made of stacked
rock. At some point, the road was widened and a CMP was added to the rock "pipe". The rock
section of the pipe has caved in. As a result, at the inlet of the pipe, water has been dammed up
and sediment has settled out, building up the streambed to a point that the stream is periodically
flooding the road. Installing the new pipe at the rock culvert elevation would create a substantial
upstream headcut. This could be corrected by installing grade control structures; however, we do
not have enough upstream right of way to install adequate structures. As a result, we are
proposing to replace the existing temporary 18"x40' pipe that was installed a few weeks ago at
the existing streambed elevation (above the existing pipe) with two pipes (27"03"x%'). This
will result in the outlet being perched 5 feet with an energy dissipator pad placed beneath. All
appropriate BMPs will be used during construction. Rip rap will be placed at the inlet and outlet
totaling 10 feet. Impacts will total 20 feet at this location.
The culvert replacement described above will require temporary dewatering. An impervious
sandbag dike will be constructed upstream of the existing culvert to create a small pool. Clean
water will temporarily be pumped around the construction area and will be discharged into a
buffer area downstream. Any dirty water located inside the construction area will be pumped into
a silt bag. The dewatered area at this site will total approximately 0.006 acres. Once the culvert
replacement is complete the impervious dike will be removed.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAX [phone]
Mr. John Thomas
Pipe underneath NC 90, Caldwell
Page 2
October 3, 2005
Construction of this project will require impacts to waters of the United States in the Catawba
Basin. This project was reviewed for the presence of threatened and endangered species on
October 3, 2005. This project will have no effect on any federally listed endangered plant or
animal species. Historic compliance work will be scheduled and concurrence with the State
Historic Preservation Office will be obtained if required.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
Attached is a Preconstruction Notification Form, plan view sheets of the existing culvert and
proposed repairs, a marked county map, a marked topography map and photographs.
If further information is required, please let me know.
Sincerel ,
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Staci Hining
Division Environmental Specialist
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessy, Division of Water Quality (2 copies)
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Michael Poe, PE, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Office Use Only: Form Version April 2001
20051 8T0
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
Check all of the approval(s) requested for this project:
® Section 404 Permit
Section 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested NW 93 93 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: N
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
I1. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P O Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sshiningadot.state. nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Staci Hining, Division Environmental Specialist
Company Affiliation: North Carolina Department of Transportation _
Mailing Address: P O Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sshining a(dot state.nc.us
Page 3 of I I
111. 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: NC 90 pipe replacement ____
2. T.I.P. Project Number (NCDOT Only): 1 1.101421
3. Property Identification Number (Tax PIN):
4. Location
County: Caldwell Nearest Town: Mortimer
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached SR map.
5. Site coordinates, if available (UTM or Lat/Long): failed pipe DD: 35.9925° N, 81.7554° 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. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): Approximately .007 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Estes Mill Creek
(Class: C, Tr ORW).
9. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at )
10. Describe the purpose of the proposed work: Replace failed pipe underneath NC 90
Page 4 of 1 I
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe and dump
trucks.
12. Describe the land use in the vicinity of this project:
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.L.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 5 of 11
Welland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Welland***
N/A

* List each impact separately and idcntitj temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flcwding, ditching/drainage, etc. For dates, separately list impacts due to both structure and flooding.
** 100-Year Iloodplains are identified through tie Federal Fmergency Management Agency's (FFMA) Flood Insurance Rate Maps
(FUM), or FLMA-approved local Floodplain maps. Maps are available through the FNMA Map Service Center at 1-800-358-9616, or
online at
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/sahwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact propose&_
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of Perennial or
Site Number Type of Impact* Impact Stream Name**
Stream Before Intennittent?
(indicate on map) (linear feel)
Impact (please specify)
NC 90 Pipe replacement 10 feet UT Estes Mill Creek 2 feet Perennial
" List cacti impact separately and identify temporary impacts. hnpacts include, but are not linutW to: culverts and associates 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, ditch ing/straightLung, etc. 11' stream relocation is
proposed, plans and profiles showing the linear footprint for both tie 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 [lows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Several Internet sites also allow direct download and printing of USGS maps (e.g.,
, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 10 In. ft. of new permanent impacts.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact Area of
Impact Name of Type of Watcrbody
Site Number Type of Impact* Waterbody (lake, pond, estuary. sound,
(indicate on map) (acres) (if applicable) bay, ocean. etc.)
NC 90 Temporary Dcwatering 0,006 UT Estes Mill Crk. Stream
NC 9(1 Miscellaneous rip-rap 0
00I UT Estes Mill Crk Stream
placement for stabilization . .
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
Page 6 of I 1
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
V11. 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.
By utilizing the erosion control measures as shown in the attached drawings, adverse impacts to
the unnamed tributary and Estes Mill Creek will be minimized. Since this is an existing
roadway, these repairs must be made for safety reasons. However, the replacement pipe length
will be the minimum needed. All appropriate BMPs will be used during construction.
Vlll. 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
Page 7 of 1 I
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
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 otTsite), 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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at . 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): To be determined by the COE
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A _
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
Pap 9 of 1 1
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 V11 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
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet 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* luipacl l
(square feet) Multiplier Requircd
Mitigation

2 1,5
- --
Total -- -- ----
Aone 1 extends out 30 teet pLq)endicular trom near tumk 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 213.0242 or.0260.
X1. 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.
Impervious surface area will not increase. All appropriate best manaeement practices for
sediment and erosion control will be implemented during construction.
X11. 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.
Page 9 of 1 I
N/A
XII1. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 211 .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
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).
e S-
Applicant/Agent's Signature V Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Wilkes Clay Jackson Polk Watauga
151 Patton Avenuc Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville. NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgccombe Lee Stokes Yadkin
6508 Falls of (lie Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Fors}'th Northampton Vance
Raleigh. NC 27615 Chatham Granville Orange Wakc
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Page 10 of I I

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Date: 9/30/2005 Caption: Failed pipe on NC 90
Scale: 1 inch equals 1333 feet
Copyright (C) 1998, Maplech, ki

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