20050246 Ver 1_Complete File_20050309

WAr?9?c
r
Michael F. Easley, Governor
?q O William G. Ross Jr., Secretary
rh Caroli ment of Environment and Natural Resources
Q?Y,9 ??oo O Alan W. Klimek, P.E. Director
Sr? f Division of Water Quality
IWA. March 9, 2005
McDowell County
DWQ Project No. 050246
N. C. Highway 226 (NCMA 13025R & NCMA 13063R)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain, Jr., P.E.
Division Engineer
N C Department of Transportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, to impact 113 linear feet of
Young's Fork Creek and two (2) unnamed tributaries to Young's Fork Creek, (83 linear feet of new culvert and 30 linear
feet of rip rap for stream bank stabilization), in order to make safety improvements to N. C. Highway 226 in McDowell
County. The project must be constructed in accordance with the application dated February 7, 2005 (received February 9,
2005), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the
U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you must acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,
Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit
unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the
conditions. If total wetland fills for this project (now or in the future) exceed one acre, or 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 be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. 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
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. 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 Suf face Mining Manual.
Noe Carolina
,Xatmrallff
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Mr. J. J. Swain, Jr., P.E.
March 9, 2005
Page Two
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. 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 six months of the date that the Division of Land Quality has released the project.
4. Adequate sedimentation and erosion control measures should be implemented prior to any ground disturbing activities
to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation should be
planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion
control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. Matting should be secured in place with staples, stakes or, wherever possible, live stakes and native trees.
Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5. Stormwater shall be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for
the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing
vegetated buffers is strongly discouraged, so that they may be utilized for stormwater diffuse flow.
6. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size
with the floor of the culvert placed in the main flow channel or thalweg to allow for aquatic life passage. Culverts
that are 48-inch diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream
bottom material to become established in the culvert following installation and to provide aquatic life passage during
periods of low flow. This may require increasing the size of the culvert to meet flow conveyance requirements. If
any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless
demonstrated that this is topographically unfeasible. Where more than one pipe or barrel is used, one pipe or barrel
should be installed to receive base flow and the other barrels should be modified to receive only flow during storm
events (i.e., level of floodplain bench at or near bankfull elevation). This ensures adequate flow and water depth in
the base flow barrel, during low and normal flow periods. If box culverts are longer than 40-50 linear feet, the WRC
is requesting alternating or notched baffles be installed in a manner that mimics existing stream patterns. This type of
culvert installation should enhance aquatic life passage by, depositing sediments in the barrel, maintaining channel
depth and flow regimes, and providing a resting place for fish and other aquatic life.
7. Removal of vegetation at the stream crossing and adjacent to streams should be minimized. Native trees and shrubs
(e.g. Rhododendron, dog hobble, willows, alders, sycarnores, dogwoods, black walnut and red maple) should be
planted along the streambank to reestablish the riparian zone and to provide long-term erosion control in the vicinity
of the road crossing and along the streams within dedicated rights of way.
8. Riprap placed for bank stabilization should be limited to the streambank below the high water mark, and
vegetation should be used for stabilization above the high water elevation.
9. The dimension, pattern and profile of the stream, above and below the culvert, should not be modified by widening the
stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural
geomorphic conditions aquatic life and/or fish passage.
10. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and to reduce the likelihood of introducing other pollutants into the stream.
11. 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.
12. Excavation of the stream crossings and relocations should be conducted in the dry, if possible. Sandbags, cofferdams,
flexible pipe or other diversion structures should be used to minimize excavation in flowing water.
13. If concrete is used during culvert installation (e.g., headwalls), a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be
discharged to surface waters due to the potential for elevated pH.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
strictly prohibited.
r ?
Mr. J. J. Swain, Jr., P.E.
March 9, 2005
Page Three
15. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts. Instream dredging has catastrophic effects on aquatic life, and disturbance of the natural form
of the stream channel will likely cause downstream erosion problems, possibly affecting other landowners.
16. Rock check dams at culvert outlets should be removed at project completion to avoid blocking movement of aquatic
life.
17. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for
permitted areas associated with culvert conditions.
18. All work shall be performed during low flow conditions (below bankfull).
19. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form
to notify the NCDWQ when all work included in the §401 Certification has been completed. The responsible party
shall complete the attached form and return it to the Transportation Permitting Unit of the NC Division of Water
Quality upon completion of the project. The NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone or Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc' Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
?gie Pennock, USACE Asheville Field Office
ransportation Permitting Unit
Mike Parker, Asheville Regional Office
oa SfATj' o
0 5 0246
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
__3GP: 0 VV7 [ED
PO BOX 3279, ASHEVILLE, NC 28 L9
February 7, 2005 s
FEB 9 2005
Mrs. Angie Pennock DENR - WATER QUALITY
US Army Corps of Engineers WEL4NDS MID STOt3MWER BRANCH
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Nationwide Permit #14 and #33 N.C. 226 from N.C. 221 to approximately 500 feet east of S.R. 1794
State Project No. 37851 (DWQ Minor Permit Fee $200)
McDowell County, NC
Dear Mrs. Pennock:
I have enclosed diagrams, a PCN application for NWP #14 and # 33, and a vicinity map
relative to the proposed project on N.C. 226 from N.C. 221 to approximately 500 feet
east of S.R. 1794, in McDowell County, N.C.
N.C. 226 is currently a 22-foot wide paved road. Division of Highways plans to pave an
additional 18 feet for an additional travel lane and for additional shoulder width.
We propose to extend one (1) existing four barrel box culvert on Young's Fork Creek
(Site 1) and two (2) existing culverts on Unnamed Tributaries (UTs) to Young's Fork
Creek (Sites 2 & 3). Young's Fork Creek is an approximately 25 foot wide creek with
riffle/pool habitats, gravel/sand substrate, and bed/bank features. The UTs of Young's
Fork Creek are approximately '/z-1 foot wide channels with riffle/pool habitats,
gravel/sand substrate, and bed/bank features with some areas of vegetated channel.
Total culvert and pipe extensions will be 113 linear feet. Existing channel morphology
will be maintained upstream and downstream of the culvert and pipes. The culvert and
pipes will be placed below existing streambed elevation. Riparian vegetation will be
reestablished along disturbed areas associated with the culvert extensions. Stormwater
will be diverted through grass-lined ditches or vegetated buffers prior to entering streams.
No effect on federally listed species (threatened or endangered) or their, habitats is
anticipated.
PAYMENT
RECEIVED
Mrs. Angie Pennock
Page -2 NC 226, McDowell County
February 7, 2005
As a part of the 401 Certification process, a copy of the application will be forwarded to
the NC State Historic Preservation Office as required by Section 106 of the National
Historic Preservation Act of 1966 and GS 121-12(a).
By copy of this letter, we request David McHenry, North Carolina Wildlife Resources
Commission Coordinator, to comment directly to the Corps concerning the permit
request.
By copy of this letter, we are asking Ed Ingle, Area Roadside Field Operations Engineer,
to comment on the above project. The stream is not classified as trout. A buffer variance
will -not be required.
By copy of this letter, I am forwarding seven (7) copies of the application package to
Brian Wrenn, NC Division of Water Quality, 401/Wetland Unit and an additional copy to
Mike Parker, NC DWQ Asheville Regional Office for review and comment. Please
charge the application processing fee of $200.00 to WBS element # 37851. Please
forward comments directly to the Corps with copy to Division 13 Environmental Officer.
Your earliest consideration for this request would be greatly appreciated. If you have any
questions or information needs, please contact me at [phone].
Sincerely,
p .?
9?4
Roger D. Bryan
Division 13 Environmental Officer
Enclosures
cc: J.J. Swain, Jr., P.E.
D. R. McNeal, P.E.
Ed Ingle
David McHenry
Brian Wrenn
Mike Parker
(----
77771
FEB 9 1C!
DENR - WRY Ep; Q ;,a ,
VMTLAWbSAND STOR-M' Vbhtc rc .Pet, H
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Office Use Only: Form Version April 2001 050246 USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank. 1? 1E
47 U 00
I. Processing
1. Check all of the approval(s) requested for this project: FEB 9 2005
X Section 404 Permit DENR - WATER QUAD; „
? Section 10 Permit WETLANDS ANDSTORMWl;7?f BRANCH
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: J.J. Swain, Jr., P.E., Division Engineer
Mailing Address: NC Department of Transportation
P.O. Box 3279
Asheville NC 28802
Telephone Number: 828-251-6171 Fax Number: 828-251-6394
E-mail Address: rdbryan(a,dot.state.nc.us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.) N/A
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
[A GO- L U`6
FEB 9 2005
111. Project Information
DEAR - WATER QUSALI i Y
WETLANDS AND STOR%ffiff ER BRANCH
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:.. NC 226 from approximately 500 feet east of N.C. 221 to approximately
500 feet east of S.R. 1794 --
2. T.I.P. or State Project Number (NCDOT Only):MA13063R & MAI3025R
3. Property Identification Number (Tax PIN): N/A
4. Location
County: McDowell Nearest Town: Marion
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): NC 226 from approximately 500
feet east of N.C. 221 to approximately 500 feet east of S.R. 1794.
5. Site coordinates, if available (UTM or Lat/Long): 35°39'13"N 81° 57'28"W (Site 1)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing paved road
r
7. Property size (acres): 12.0
8. Nearest body of water (stream/river/sound/ocean/lake): Young's Fork Creek
9. River Basin: Catawaba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: We propose to widen the road 18 feet for an
additional travel lane and added shoulder. We propose to extend one (1 existing four barrel
box culvert on Young's Fork Creek (Site 1) and two (2) existing culverts on Unnamed
Tributaries Ms) to Young's Fork Creek (Sites 2 & 3). Total stream impacts will be 113
linear feet. The culverts will be installed to insure aquatic life passage within the stream
11. List the type of equipment to be used to construct the project: Excavator, backhoe, and
trucks.
12. Describe the land use in the vicinity of this project: Rural, homes, and wooded.
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.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No, no future plans.
VI. Proposed Impacts to Waters of the United States/Waters of the State
t
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.
F5 4?-7j
Page 3 of 8 ??
0W,7[7 ?
FEB 9 2005
1. Wetland Impacts
DENR - WAT ER QUA' - ITY
WETLANDS AND STOrRMWMER MANCH
4
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

List each impact separately and identity 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.)
List the total acreage (estimated) of existing wetlands on the property: 0.0
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Site 1 Box Culvert 50 Young's Fork Creek 25 P
Rip Rap and
Site la Bank 30 Young's Fork Creek 25 P
Stabilization
Site 2 Culvert 20 UT to Young's Fork 1 1
Creek
Site 3 Culvert 13 UT to Young's Fork 1 P
Creek

List each impact separately and identity temporary impacts. impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.sov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 113 feet.
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number

(indicate on ma
Type of Impact* Area of
Impact

acres
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

+J?- .,<. I -1-L acFa awry allU IUGIIUIy LUMPUtdty 11I1patAS. impacts mciuue, out are not nnutea to: tut, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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 ? 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 existing raved road must be improved to upgrade current safety standards for paved
roads and to increase needed traffic capacity on N.C. 226. The culvert extensions requested are
the minimum necessary to establish the additional roadway and shoulders Riparian ve etg_ation
will be established on disturbed areas associated with the project construction
VIII. Mitigation - N/A
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than t? impacts to
FEB 9 ??f?5
Page 5 of 8 DENIM k,
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
httl2://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
NCDOT does not believe that stream impacts associated with Site 2 should require
mitigation due to the low quality and intermittent nature of the feature. Additionally, it does
not appear that this feature could support aquatic life.
For the remaining impacts (93 feet), we propose to utilize the Ecosystem Enhancement
Program (EEP) for the mitigation requirements. NCDOT will be coordinating with the EEP
to obtain the appropriate mitigation credits.
G
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htg2://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appro ?g thr ee and provide
the following information:'
E
FEB g
?005
Page 6 of 8 DENR - wAi Ep Cjr;;al i y
WETLhNDSAND STORAAVVATER.BR,4NCH
L Lz' k! f>UU
FEB 9 2005 WATER QUALITY
WETLA?V S A ID 5 0 i; VV Epp BRANCH
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 (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes X No ?
X.
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 X
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 ?
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) - N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 3
2 1.5
Page 7 of 8
C
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 213.0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The existing paved road acts as an impervious surface and the additional paved area will act as
an impervious surface. Stormwater will be diverted throu settling basins or grass lined
buffers prior to entering the streams.
XII. Sewage Disposal (DWQ Only)- N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes F-1 NoX ?@
N®R
1
Is this an after-the-fact permit application?
Yes ? No X FEB 2005
XIV. Other Circumstances (Optional):
c N f V r,,; ,.?
1rdETt:e?'? ?nV y `vri: OPvR
u N
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).
With reaard to hazardous spill basins, the proiect is not in a water supply or High Oualitv Water
(HQM watershed. AccordinglL it will not require a hazardous spill basin.
a -72o0S
Applic t/Agent's ature to
(Agent's signature is valid only if an authorization letter from the applicant is provided.
Page 8 of 8
NORTH CAROLINA
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DIVISION OF HIGHWAYS
MCDOWELL COUNTY
MOVING AHEAD PROJECT NO. MA13063R
CULVERT EXTENSION
FOR DIVISION 13 WIDENING PROJECT
ON NC 226 OVER
YOUNGS FORK CREEK
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1' 59' 0.00" W 081' 58'0.00" W 081'57'0.00"W 081' 560.00" W
Name: MARION EAST Location: 035° 39' 15.62" N 081' 57'28.20" W
Date: 1/5/2005 Caption: NC 226 NC Moving Ahead Project
Scale: 1 inch equals 2000 feet
Copyright (C) 1998, Maptech, Inc.
Photos: Site 1 -NC 226, McDowell County, NC.
Photo 1: A view of the upstream section.
Photo 2: A view of the downstream section.
FEB 9 2005
uENR'd>- WATER QUALITY
wVETC,4+:,;; Aa Sr??y?,`ER BP,gNCk
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2045
';?IgUALITY
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Photos: Site 2 -NC 226, McDowell County, NC.
;
Photo 1: A view of the upstream section. i99
Photo 2: A view of the downstream section. _ wer.
Photo 1: A view of the upstream section.
Photo 2: A view of the downstream section.
Photos: Site 3 -NC 226, McDowell County, NC.
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