20050794 Ver 1_Complete File_20050509

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GOVERNOR
May 2, 2005
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. David L. Timpy
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
oS0704
SUBJECT: Nationwide 18 Permit Application for Grade, drain, base and pave at SR 1318A (Mintz
Cemetary Rd), Brunswick County Project Number: 3010045.
Please find enclosed a PCN application from the North Carolina Department of Transportation for s
a Nationwide 18 permit from the Army Corps of Engineers for the secondary road improvement project on
SR 1318 A (Mintz Cemetary Rd.) in Brunswick County. The scope of the project will be to grade, drain,
base and pave the 0.47 mile of existing unpaved road to current NCDOT secondary road standards of 20 ft
of pavement and 6 ft of earthen shoulders to improve roadway safety and stability.
IMPACTS TO WATERS OF THE UNITED STATES
This project is located in the Lumber River Basin within USGS hydrologic unit 03040207
(subbasin 030759). Total impacts for this proposed project will consist of 20 linear feet (6.5 cubic yds.
below normal water level) of perennial stream. These impacts, located at Sta. 17+82, are in conjunction
with the replacement and extension of the existing 42' x 40 ft CMP to 60 ft. The additional 20-ft of length
is required for the construction of the shoulders and to adjust the skew of the pipe with the inlet and outlet
channels. This perennial stream, located at 33.9559630 N 78.4714612 W, is an unnamed tributary to Cool
Run that is designated as CSw waters by the Division of Water Quality (DWQ). There are no wetland
impacts associated with this project. You conducted a jurisdictional determination site visit on this project
on December 8, 2004. Ken Averitte (DWQ) conducted a site visit on January 19, 2005.
COMPENSATORY MITIGATION
The Department has avoided and minimized impacts to jurisdictional resources to the greatest
extent possible. As discussed at the 12/8/04-field meeting, no mitigation will be required for the remaining,
unavoidable impacts to 20 linear feet of stream.
124 Division Drive, Wilmington, NC 28401
PHONE: [phone] FAX: [phone]
NATURAL AND HISTORIC RESOURCES
FEDERALLY PROTECTED SPECIES
Species with the federal classification of Endangered, Threatened, Proposed Endangered and Proposed
Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of
1973 as amended (16 U.S.C. 1531 et seq.). The United States Fish and Wildlife Service lists fifteen
federally protected species for Brunswick County which include American alligator (Alligator
mississippiensis), Red-cockaded woodpecker (Picoides borealis), Cooley's meadowrue (Thalictrum
cooleyi) and Rough-leaved loosestrife (Lysimachia asperulaefolia). A G1S and field review has been
conducted for these species and their habitat for this project and a determination of "No Effect" for the
listed species is recommended.
HISTORICAL RESOURCES
Pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic
Preservations Regulations for Compliance with Section 106 codified at 296 CFR Part 800, this project has
been reviewed and cleared for effects on historical and archeological resources (see attachment).
REGULATORY APPROVAL
Section 404 Permit: The Department of Transportation is requesting to proceed under Nationwide 18 as
authorized by a Nationwide Permit (67 FR 2020; January 15, 2002).
Section 401 Permit: By copy of this letter and application, the North Carolina Department of
Transportation (NCDOT) is also providing two courtesy copies to the North Carolina Division of Water
Quality (NCDWQ) as specified in 401 General Certification.
If you have any questions or need additional information please contact feel free to contact me at (910)
251-5724.
Sincerely,
Mason Herndon
Division 3 DEO
cc:
Wattachments
Mr. Brian Wrenn, DWQ Raleigh (2 copies)
Mr. Ken Averitte, DWQ Fayetteville (1 copy)
124 Division Drive, Wilmington, NC 28401
PHONE: [phone] FAX: [phone]
Office Use Only:
USACE Action ID No.
(If any particular item is not
1. Processing
060794
iWO No.
versiop May 20
sTOP??Pr._ GUS
project, please enter "Not Applicable" or "N1.
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 18
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: ?
U. Applicant Information
1. Owner/Applicant Information
Name: H Allen Pope, P.E.,:Division 3 Engineer
Mailing Address: North Carolina Department of Transportation
124 Division Dr.
Wilmin on, N.C. 28401
Telephone Number: (910)x251-5724 Fax Number: (91Q)251-5727
E-mail Address:
2. Agent/Consultant 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: Mason Herndon
Company Affiliation: Division 3 Environmental Officer
Mailing Address: North Carolina Department of Transportation
124 Division Dr.
Wilmington, N.C. 28401
Telephone Number: [phone] Fax Number: (910) 251- 5727
E-mail Address: mherndon e,dot.state.nc.us
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers. full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 131 gA (Mintz Cemetary Rd)
2. T.I.P. Project Number or State Project Number (NCDOT Only): 3c010045
3. Property Identification Number (Tax PIN):
4. Location
County: Brunswick Nearest Town: Shallotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take US 17 S SR 1318A is
on the right approximately 4.4. miles on the right South of NC 179 at Shallotte.
5. Site coordinates, if available (UTM or Lat/Long): 33.9559630° N 78.4714612° 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): N/A
7. Nearest body of water (stream/river/sound/ocean/lake): Cool Run
8. River Basin: Lumber River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
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 unpaved secondary road is bordered by
residential and forested areas
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
To grade drain, base and pave the existing secondary road using standard road construction
equipment. Existing; roadbed is 24 ft shoulder point to shoulder point and will be built to
standard secondary road typical of 20 ft of pavement and 6 ft earthen shoulders within the.
acquired 50/60 ft of ROW.
11. Explain the purpose of the proposed work: To improve the existing secondary road by
bringing it up to NCDOT standards' providing a better and safer road for residents,
commuters and school buses that utilzed this facility.
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.
No previous permits have been issued
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.
No additional permits request are anticipated in the near future
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is. needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Impacts will include 20 linear
stream for shoulder construction
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
N/A

: r :,.. e....t.: ..,.i i.1,,.,N4'., 4 mm?nraty im nartfc Tmnartc ;nchtde_ but are not limited to: me chanized clearing, grading, fill,
..._,..?.... „r---- ------- -- -- - - -_ .. _.
excavation, flooding, ditchirWdrainage, 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 htttr://www.femagov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) 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: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases eci
SITE A 42" CUT 20 UT Cool Run 5 perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not !orated to: cutvens and associated np-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 wail, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name
Wat)
(if applicable) . Type of Waterbody
(lake pond, estuary, sound,
bay, ocean, etc.)
an, etc.
N/A None

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, eta
5. Pond Creation N/A
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 FQ 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.
To minmize impacts shoulders slopes will be reduced to 3:1 at iurisdictional crossing.
All wetlands or surface waters not affected by this project will be protected from unnecessary
encroachment. Strict enforcement of sedimentation and and erosion control Bws will be
enforced.
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 9 of 12
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.
The DM@rtment has avoided and minimized impacts to jurisdictional resources to the
greatest extent possible as described above. As discussed at the 12/8/04-field meeting, no
mitigation will be required for the remaining, unavoidable impacts to 20 linear feet of stream
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): NIA
Amount of Coastal wetland mitigation requested (acres): NIA
Page 10 of 12
TX. 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 Z
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 applicants (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 V
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* (square feet Multiplier Required
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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 (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.
Strict enforcement of Sedimentation and Erosion control BMP's will be enforced during
construction to protect waters of US
XII. 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.
N/A
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
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).
-Z-011--
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Date: 5/2/2005 Caption: SR 1318A Mintz Cemetary Rd
Scale: 1 inch equals 2000 feet Brunswick Co
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
To:
From:
Date:
Mason Herndon
Vanessa E. Patrick
March 4, 2005
Subject: Brunswick County Secondary Road Projects
LYNDo TIPPETT.
SECRETARY
In response to your request, based on the recommendations of the North
Carolina State Historic Preservation Office (HPO), I surveyed the following
secondary road projects in Brunswick County for historic architectural resources
on March 3, 2004:
SR 1318A - Mintz Cemetery Road,
SR 1929 - Beachway Trail, and
SR 1934 - Schyler Road.
Neither the federal permit areas, nor the entire project areas contain any
properties listed on or eligible for the National Register of Historic Places and,
specifically, no properties built prior to 1955. The three projects thus are in
compliance with North Carolina General' Statute 121-12(a) and Section 106 of
the National Historic Preservation Act for historic architecture.
The attached table summarizes architectural review for the above projects and
eleven other secondary road projects you have submitted to the HPO during the.
second half of 2004.
Thanks, as always, for all. your help.
X.VE.
Copies to: Renee Gledhill-Earley, HPO
Sarah McBride, HPO
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BUILDING
OFFICE OF HUMAN ENVIRONMENT 2728 CAPITAL BOULEVARD, SUITE 168
1583 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG. RALEIGH, NC 27604
RALEIGH NC 27699-1583