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HomeMy WebLinkAbout20051000 Ver 1_Complete File_20050907Certificate of Completion DWQ Project No. Applicant: 0?--1000 tkDO r County: Project Name: _ckf>v.s ?Qt'! Aoa lS Date of Issuance of 401 Water Quality Certification: 5 gLer,b e zo0 - 6-Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, Mt. , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Re-,.Date: Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: If this project was designed by a Certified Professional Date: 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: I9 p?0FWATFT r o ? Mr. Mike Holder, P.E. NCDOT Division 12 P.O. Box 47 Shelby, NC 28151 SFp 1 ?ir?NOS? ?S aRkc??gt?jll/i5 MWgR1111qlvCH 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 September 7, 2005 DWQ# 05-1000 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 temporarily impact an additional 38 linear feet (If) (for riprap streambank armoring) of an unnamed tributary's to Sailors Branch as described in the permit modification application received by the Division of Water Quality (DWQ) on September 6, 2005. This modification is being issued in addition to the original water quality certification dated June 20, 2005 and does not supersede the original certification. The location of the project is State Road 1820 (Alexis High Shoals Road) in Gaston County. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404. This certification corresponds to Nationwide Permit 14 issued by the U.S. Army Corps of Engineers (USACE). 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 will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design that you described in your permit modification application (unless modified below). 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 listed in the attached certification and those listed below: 1. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions. 2. The presence of equipment in the channel must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel. 3. 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: 'No stream determination performed. North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet: h2o.enr.state.nc.us Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 14 C° Caro ina Naorturally An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper *R Page 2 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. 4. 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. 5. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can be provided. 6. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened. 7. 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. 8. 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. 9. All work shall be performed during low or normal flow conditions. 10. Discharging hidroseed mixtures ana"washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 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. 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. M Page 3 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 Rob Ridings, DWQ Wetlands Unit Central Files File Copy $,4ti q";io , STATE of NORTH CAROLINA ?o* ' rFA O? s,?NO H;y?`4? RBhANCh DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY August 29, 2005 Mr. John Hennessy Division of Water Quality 401/ Transportation Permitting Unit 1650 Mail Service Center Raleigh, N. C. 27699-1650 100D V 7? SUBJECT: Permit Modification for additional riprap impacts for DWQ# 05-1000 - Pipe replacement, SR 1820 (Alexis High Shoals Road), Gaston County Dear Mr. Hennessy: Per Ms. Polly Lespinasse's request from the DWQ Mooresville Regional Office, NCDOT request a permit modification for the subject project. The scope of work included replacing an existing 72-foot long, 36" CMP with a 90-foot long, 36" steel pipe on a skewed alignment by boring/jacking. Due to the location of the stream channel at the toe of the newly constructed road embankment, NCDOT believed it was necessary to provide armoring at this location. There was a total of 38 feet of riprap impacts associated with this project. DWQ Permit #05-1000 previously permitted ten feet of riprap impacts. The new pipe was placed on grade; therefore, a rock ladder, as previously proposed, was not constructed. The total amount of linear impacts for this project was 20 feet of stream loss due to the skewed pipe alignment and 38 feet of riprap impacts for the rock stabilization to an unnamed tributary to Sailors Branch, which is classified as WS-W waters by the Division of Water Quality. The proposed project is not located within '/Z mile of any critical watershed area, nor is SR 1820 a rural or urban arterial. Hazardous spill basins are not required. This office has conducted a GIS and field survey for this project and is recommending a finding of "no effect" for T &E species and historical structures. Enclosed is a PCN application for a WQC#3404 (NW #14) modification, photographs documenting conditions, and location maps relative to the project. -..M;. SR 1820, Alexis High Shoals Road Page 2 8/29/05 Project information for the 401 Automated Payment Procedure is as follows: 0 Work order number: 150456-55120005-12.203611-3855 • TIP #: NA • Project Category $200.00 Fee If you have any questions or concerns, please feel free to contact me at (704) 480-9044. Thank you for your time and consideration to this matter. Rgspectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: Trish Simon Division 12 Environmental Supervisor Enclosures Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 05- (0 00v' 7 (If any 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: NW 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: ? H. Applicant Information 1. Owner/Applicant Information Name: Mike Holder N. C. Department of Transportation Mailing Address: P.O Box 47 Shelby North C arolina 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 C arolina 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimon@dot state nc us Pagel of 9 IR 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: Permit Modification for SR 1820, (Alexis HigLh Shoals Road) pine replacement for additional riprW impacts. 2. T.I.P. Project Number or State Project Number (NCDOT Only): 12.203611 3. Property Identification Number (Tax PIN): NA 4. Location County: Craston Nearest Town: Stanlev Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): Hwv 27 west from Stanlev. Turn right onto SR 1820 and proceed approximately 2 miles to site. 5. Site coordinates, if available (UTM or Lat/Long): 35°24'09'W81°08'42"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 acre. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Sailors Branch, WS-IV from source to Hoyle Creek). 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/m4ps .) 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 on paved road. General Land Use- wooded. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: Reolcement of a deteriorating pipe on low flow, intermittent stream by borinWiackinst method A new 90- foot. 36" steel pipe =laced an existing 72-foot 36" CW on a skewed alignment The old pipe was perched and on a -5.5% grade The new pine was installed at grade therefore, the rock ladder that was original/ ronosed was not built. Due to the intermittent stream location at the toe of the newly built road slope, ripran stabilization was extended down the channel to the point of embankment disturbance This resulted in a total of 38 feet of riprap impacts. Work was done using a trackhoe. 11. Explain the purpose of the proposed work: The purpose of the work is to replace a deterioratingpipe. 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. NA. 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 future permit requests at this site are anticipated VL 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: Permanent impacts from stream loss due to new pipe skew and associated rip=. Page 3 of 9 Tn,l;ui.i„All., list wetland imnactc helow: NO WETLAND IMPACTS * 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.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.) 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 Wetland Impact Y- Site Number e •. _ - a . Area of Impact ---- Located within 100-year Floodplain** Distance to Nearest Stream Type of Wetland*** indicate on ma t* * Impact* 1 acres es/no linear feet '2 TnA;[rvi71al1V Hat all intermittent and perennial stream imnacts below: Stream Impact Length of Average Width of Perennial or Site # (indicate Type of Impact* Impact Stream Name** Stream Before Intermittent? on ma linear feet Impact lease specify) Unnamed tributary to 1 Fill in stream 20 feet Sailors Branch 1 foot Intermittent 1 Rock stabilization 38 feet 1 11 .1 * T for -1k imp rt wnwmttaly And identify u nnnnnirv impact s. Impacts include. but are not limited to: culver ts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gam), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchmg/straigluening, 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.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Total fill (including ripranl = 58 feet. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and an other water of the U.S. below: 0 Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wate) (if applicable) 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. 5. Pond Creation: NO POND I ViPACTS 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. Page 4 of 9 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. The pipe is being r_gplaced with a slightly longer length pipe to allow for adequate reconstruction of the failing road shoulder and to jack/bore the new pipe on a skew to allow for a better stream alignment The stream channel is located at the toe of a newly reconstructed road embankment: therefore. NCDOT believes it is necessary to provide riprap armoring; at this location VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also. choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmizide.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 Page 5 of 9 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 STREAM IS AN INTERMITTENT UNMORTANT STREAM. 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 (919) 733-5208 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 (919) 733-5083 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, 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. Page 6 of 9 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; * Zone Impact (Square feet Multiplier Required Miti gation 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. If buffer the buffer 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 Identify the square feet and acreage of impact to each zone of the riparian buffers. mitigation is required calculate the required amount of mitigation by applying multipliers. 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. There will be no increase in impervious acreage Appropriate erosion and sedimentation control measures will be in place during the pipe replacement. XIL 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 MUL 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 9 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 9 MT >uar iss ?I I l ¢ I TIN, f Z9Ld I 1 = i I - izc I iii r- I WT ,•'? ?. I I i mr, I ''I I• Ur mr, I •? ?• I LEE OLL r 'art I •..._•• aar, , / LSl ;'- I. - iii I % . r ' % • I 'do 4 / / S' awl / I I ? art X / . ------191 i WWI i 1 it LLL !. r tvE II I EF Ui Mr, cc' 'fir 1 \ W I ?. j 8LL I -AP-H air ! I I=T 1 I /. \ nw, I , 1 09L i ? 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J Yj • { ? rl t4 h li 5? ? ?{ I JNJ}W' ! n+4 1 '..f ra } +?1d{i F ?I?k t ?! er 1 I w i ,_ ?.G(k tt i @titi? !)r'h7.L?7Y-'1 S+la M111R ;:dx"fr FI. t lyS??. ? ?.4 ')n e a t?_,? s 1? 1 a I' .4 1+?akl ttv }1'y'I .a: +a tt'hl! ? nl ,????yl?a 1+j r~ a t ?? 1,? l a , r dj ' r. 'ti Jr • 4 Pipe Replacement 95 ?_. tt ,t R:.1 t 7 • t. }{. 1 • 1 a >*?? ;. JI" t ri+ rr,, a' ? ? a . r1r r? • t 1 s!p s '+n 1 , ?A" 44 , s. i(k 1 may-"" 14'(", ,Iti ?d 5 r?l I Y£ rY t r' y t I ? r II r ' , I. Name: LINCOLNTON EAST Location: 035° 24' 09.61" N 081° 08'42.74" W Date: 5131x2005 Caption: Pipe Replacement, SR 1820 (Ale)ds High Shoals Road), UT to Scale: 1 inch equals 1000 feet Sailors Branch, WSAV Waters, Catawba River Basin Copyright (C) 1998, hUptech, Inc 4 oW A r?9p? co r nd0 `iii? `C Mr. Mike Holder, P.E. NCDOT Division 12 P.O. Box 47 Shelby, NC 28151 Michael F. Emielcv. Governor William G. Ross Jr.. Secretary North Carolina Department of Environment mid Natural Resources , 5 all? ?? ? Alan W. sion P,E. Duality Division of of Water Quality June 20, 2005 JUN DWQ# 05-1000 Gaston County DENR `r ` :. iMWI. ..:.rt YVETIA?DS M'11' "` APPROVAL 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 a 35 linear feet (If) (20 If for pipe replacement, 10 If for rock ladder construction and 5 If for riprap inlet protection) of an unnamed tributary* to Sailors Branch. The impacts are proposed for the purpose of replacing an existing, deteriorating pipe as described in your application received by the Division of Water Quality (DWQ) on June 6, 2005. The location of the project is State Road 1820 (Alexis High Shoals Road) in Gaston County. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3404. This certification corresponds to Nationwide Permit 14 issued by the U.S. Army Corps of Engineers (USACE). 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 will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design that you described in your application (unless modified below). 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 listed in the attached certification and those listed below: 1. Due to the perched pipe conditions (which would require the placement of the pipe on steep grade) DWQ will not require the burial of the culvert in the streambed. However, design and placement of the culvert and other structures, including the rock ladder and any 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 patter and profile) are to be maintained above and below the location of the culvert. The applicant may be required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ. 2. Riprap must not interfere with thalweg performance and aquatic life passage during low flow conditions. 3. The presence of equipment in the channel must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel. 'No stream determination performed. Nom` Caro ina Naturally North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet h2o.enrstate.ne.us Mooresville, NC 28115 Phone(704)663-1699 Fax (704) 663-6040 An Equal Opportunity/Affirmative Action Employer - 500% Recycled/100% Post Consumer Paper Page 2 4. 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. 5. 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. 6. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can be provided. 7. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened. 8. 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. 9. 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. 10. All work shall be performed during low or normal flow conditions. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. 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. 13. 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. 14. 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. Page 3 15. 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 Rob Ridings, DWQ Wetlands Unit Central Files File Copy e STATE OF NORTH CAROLINA 9 6' . 'L?sO?'?PGq ?OGf v?/ ?cy DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY May 31, 2005 Mr. Steve Lund US Army Corp of Engineers Asheville Regulatory Field Office 0 510 Q O 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 SUBJECT: Pipe replacement, SR 1820 (Alexis High Shoals Road), Gaston County ' 'k ' V L_ Dear Mr. Lund: The North Carolina Department of Transportation proposes to replace a deteriorating pipe on SR 1820 (Alexis High Shoals Road) in Gaston County. An existing 72-foot long, 36" CMP will be replaced by boring/jacking with a 90-foot long, 36" steel pipe on a skewed alignment. The - 450 ft staging area necessary for the boring and jacking operation will be located at the outlet end of the pipe. The existing pipe is perched approximately 4 feet and on a -5.5% slope. Reconnecting the upstream and downstream elevations would result in an extreme pipe slope (-10%), which could promote stream destabilization; therefore, the proposed pipe will be bored/jacked at the same grad+lope as the existing pipe. A 10-foot rock ladder will be constructed at the pipe outlet to allow for 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 pipe replacement. The stream is a low-flow, intermittent stream; therefore, the stream will be dammed during the pipe boring/jacking with no further stream management. The scope of the work will result in 20 feet of stream loss due to the skewed pipe alignment and 10 feet of riprap impacts for the rock ladder construction to an unnamed tributary to Sailors Branch, which is classified as WS-1V waters by the Division of Water Quality. The proposed project is not located within '/2 mile of any critical watershed area, nor is SR 1820 a rural or urban arterial. Hazardous spill basins are not required. This office has conducted a GIS and field survey for this project and is recommending a finding of "no effect" for T &E species and historical structures. Enclosed is a PCN application for a NWP # 14, sketches of planned activities, photographs documenting existing conditions, and location maps relative to the project. SR 1820, Alexis High Shoals Road Page 2 5/31/05 If you have any questions or concerns, please feel free to contact me at (704) 480-9044. Thank you for your time and consideration to this matter. Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: 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) Office Use Only: O C 1 O O 0 Form Version May 2002 USACE Action ID No. DWQ No. ,7 (If any 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: NW 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: ? H. 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: 704480-9020 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: 704-480-5401 E-mail Address: tsimon@dot state.nc.us Fax Number: 704-480-5401 Page I of 9 M. 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 1820, (Alexis High Shoals Road) Pipe replacement 2. T.I.P. Project Number or State Project Number (NCDOT Only): 12.203611 3. Property Identification Number (Tax PIN): NA 4. Location County: Gaston Nearest Town: Stanlev Subdivision name (include phasellot number): NA Directions to site (include road numbers, landmarks, etc.): Hwy 27 west from Stanley. Turn right onto SR 1820 and proceed approximately 2 miles to site. 5. Site coordinates, if available (UTM or Lat/Long): 35°24'09"N/81°08'42"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 acre. 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Sailors Branch, WS-IV (from source to Hoyle Creek). 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 on paved road. General Land Use- wooded. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: Replacement of a deteriorating pipe on low-flow,, intermittent stream by boring/jacking`method. A new 90- foot 36" steel pipe is to be bored and jacked near the existing 72-foot, 36" CNW on a skewed alignment The existing pipe is perched and on a -5.5% grade To reconnect the upstream bed elevation and the downstream elevation would result in an extreme pipe grade: therefore, the new pipe will be placed on the same grade and an 8-10 foot "rock ladder" will be constructed at the pipe outlet to provide some aquatic passage Work will be done using a trackhoe. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to replace a 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. NA. 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 future permit requests at this site are 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: Permanent impacts from stream loss due to new pipe skew and associated riprap for rock ladder. Page 3 of 9 2. Individually list wetland impacts below: NO WETLAND ]IMPACTS Wetland Impact T e of Area of Located within Distance to *** Site Number m Impact 100-year Floodplain** Nearest Stream Type of Wetland indicate on ma ct* I acres es/no linear feet * 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 (ITH M), 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. *** 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 3. individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width of Perennial or Site # (indicate Type of Impact* Impact Stream Name** Stream Before Intermittent? on ma (linear feet Impact lease specify) Unnamed tributary to 1 Fill in stream 20 feet Sailors Branch 1 foot Intermittent 2 Rock ladder 10 feet " 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, fist 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.com, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Total fill (including rock ladder) = 30 feet. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and anv other water of the U. S.) below: 0 Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (d applicable) (lake, pond, estuary, sound, indicate on ma 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. 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 Page 4 of 9 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. The pipe is being replaced with a slightly longer length pipe to allow for adequate reconstruction of the failing road shoulder and to jack/bore the new pine on a skew to allow for a better stream alignment The pipe is perched and on approximately a 5.5% slope To reconnect the upstream and downstream elevations would result in extreme pipe slopes (-10%) and would mostly likely create stream destabilization The stream is a low-flow, intermittent stream; therefore, the pipe will be bored/jacked at the same grade/slope as the existing pipe. An 8-10 foot rock ladder will be constructed at the pipe outlet to allow for 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 in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/strmmide.html. Page 5 of 9 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 STREAM IS AN INTERMITTENT UNIMPORTANT STREAM 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 (919) 733-5208 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes E] 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, 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 Page 6 of 9 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: Identify the mitigation is multipliers. square feet and acreage of impact to each zone of the riparian buffers. If buffer required calculate the required amount of mitigation by applying the buffer Zone* Impact t 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. 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 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. There will be no increase in impervious acreage. Appropriate erosion and sedimentation control measures will be in place during the pipe replacement. XH. 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 XM. 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 9 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). NI V / r! 3 _0:5- Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 9 / / I I ??- - -.-._ .-. - _r - - !s - - - - - - - - - ---•_•. -- i 1920 - • --- • _ _ _ _ 9e7 ---•-•-•-?- 1919 $ H • 173 1886 ALI IGH :MODS I "b , ror. svl ?? 2 leez I _ I 158 I LamI 2 1001 1919 ' \ I I 812 / 1 / Hplle I p° ? '? 172 \ I I IW7 1911 15 / 1910 )' I 160 I \ 1001 ! \ / I 859 i \ ) IWJ \5 IV I % \ ? H*W1, I 178 r law \ 1907. .1. 17 'nf 1922 `-- ,\ \ I' S7 1607 1909 1992 1907'' IBA ' - I 344 / II I / 177 ii I W7 \ C171 \. 161--\ ' g / / \ 97 C343 ,i ?P /157 337 ?? A 170 1 i 321 - .. _ .. I P162 $ - - 19&1 i •? 1e66 7 ? 1996 676 IM2 le" I I ? I / I ?1 I I? I J. I I \ I I I I ? I \ I I I I I 1995 \ I I I 1 ? 1 I I I I .g I I I I I I I I \I • . C f: I r ? % LI ti f7 •?a • • Pipe Replacement 1 W ? Q 1 !?o r ?- Name: LINCOLNTON EAST Location: 035° 24' 09.61" N 081° 08' 42.74" W Date: 5/31/2005 Caption: Pipe Replacement, SR 1820 (Ale)as High Shoals Road), UT to Scale: 1 inch equals 1000 feet Sailors Branch, WS-IV Waters, Catawba River Basin Copyright (C) 1998, Wirtech, Inc 30 °W ? ppY o S kls NC ? ? ? Op o lor g; hf II `?6• ? +? q ?,? yy 4A I I \?? ? ? q ?? ? A•oA rn ? x 11 1 N ?? x ?!y ? x o n r y ? b y n 'may b ?< C1 n q , '? A yp O 0 y L O O m aL?s R X90 y c lV ~ ? ''Pp? O ? q m • ACTION ID INTERMITTENT CHANNEL EVALUATION FORM APPLICANT NAME /?C ,fix/ DATE PROPOSED CHANNEL WORK(i.e., culvert, relocation, etc.) WATERBODY/RIVERBASIN CAI-ft 14Ver S?GIA COUNTY/CITY \-Y t w, Ce RECENT WEATHER CONDITIONS P SP NP Observation Comments or Description Fish/Shelltish/Crestaccans Present Bouthio Macro Invertebrates Amphibians Present/Breading QtY,?S Algae And/Or Fungus (water quality funotion) J Wildlife Channel Use (i.e. tracks, faces, shells, others) Federally Protected Species Present (Discontinue) , Ritllelpool structure Stable Streambanks Channel Substrate i.e. grisvel, cobble, rook, coarse sand Riparian Canopy Present (SP =h 50% closure) Undercut Banks/Instroam Habitat Structure Flow In Channel ?C Wetlands AdjacentTo/Contig. With Channel (Discontinue) Persistent Pools/Saturated Bottom June through Sept.) Seeps/Groundwaier Discharge (June through Sept.) Adjacent Floodplain Present Wrack Material or Drift Lines 1 Hydrophytic Vegetation in/adjacent to channel Important To Domestic Water Suppr. Y ? Does Channel Appear On A Quad Or Soils Map? Y(9 AWTUL Drainage Anea ? 1? 04 r S Perennial Channel (stop) Important Channel: LF PROJECT MCK Initials _ Intermittent Channel (prooad) Unimportant Channel: LF Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel) Ditch Through Upland (no jd) Evaluator's Signature• -i/ (if other than C.O.E. project manager) P=Present SP=Stongly Present NP=Not Present 11/4/98 North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: Project S r- 1`? ZO Latitude: 35,2 q, a Evaluabor: 31to: Longitude: g f ° Total Points: other `t rk o Stream Is at least Intermittent -County e.g. Quad Name: ?? N z 19 or rennlal l/ t 30 A. Geomorphology Subtotal = ) t Weak Moderate Strong 1 °. Continuous bed and bank 1 2 3 2. Sinuosity 2 3 3. In-channel structure: riffle-pool sequence 1 3 4. Soil texture or stream substrate sorting j 1 3 5. Active/relic floodpiain 2 3 6. Depositional bars or benches 1 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 1 3 9 ° Natural levees o 1 3 10. Headcuts Q I 1 2 3 11. Grade controls Z) 0.5 1 t1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 1 / Yes = 3 Man-made ditches are not rated; see discussions In manual Li. 1 VII - .,,..,....... - 14. Groundwater flow/discharge 0 1 2_ 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or growing season 0 C, 2 3 16. Leaflitter 1.5 _ 0.5 0 17. Sediment on plants or debris 0 01 5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 .5 1 1.5 19. Hydric soils (rsdoximor)hic features) present? No = 0 as =1_5 20 . Fibrous roots in channel 3 2 1 0 21 . Rooted plants in channel 3 2 1 0 22 Crayfish 0.5 1 1.5 23. Bivalves (0 ') 1 2 3 24. Fish 0 l -0.5 1 1.5 25. Amphibians 0 ( 0.5, 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0. 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5 _29". Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBI = 1.5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence of upiana plants, loom"rocuses on the presence ui aquaw u, r uanu F-1- Sketch: Notes: (use back side of this form for additional notes.) J 20.E I ` NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 19 County: C'actnn Project ID: 12.203611 River Basin: Catawba Bridge No: Pipe Replacement Route: SR 1820, Alexis High Shoals Road Stream: UT to Sailor Branch, WS-IV Waters Water uality Criteria: Yes No Stream Crossing Blue Line On USGS r P ORW F P WSI F P WS 11,111 OR IV, Crossing Within 0.5mi of W. S. Critical Area r r Roadway Criteria: Route Designation- Yes No Arterial Urban r W Arterial Rural r V Additional Site Information: Is a Hazardous Spill Basin Required? Yes No r p Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). ?Oq'yOS?q?t? ? `N ''1r ? ?P ?0 00 v •va.rVs' ??gGq(i `s STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY 051000 1"a MEMO TO: John Hennessy, DENR/DWQ/401/Transportation Permitting Unit FROM: Trish Simon, Division 12 Environmental Supervisor 1> DATE: May 31, 2005 SUBJECT: Pre-Construction Notification/401 Automated Payment Enclosed are seven copies of a pre-construction notification for a NCDOT project in Gaston County for your review. Project information for the 401 Automated Payment Procedure • Work order number: 150456-55120005-12.203611-3855 • TIP #: NA • Project Category: $200.00 Fee is Post Office Box 47 Shelby, North Carolina 28151-0047