20051265 Ver 1_Complete File_20050713

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ?e
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MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
July 8, 2005
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office 0451265
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #13
SR 1140, shoulder failure
Watauga County, North Carolina
Project Number: 11.209511 (DWQ Permit Fee: $475)
Dear Mr. Thomas:
A small section of the roadway shoulder on SR 1140, Arnett Hollow Road, has failed. After a
site visit, it appears that the failure was due at least in part to the erosive forces of Hayes Branch
(Class: C), which is located at the toe of the failed slope. In order to adequately build the
shoulder back at this location, we are proposing to add 180 linear feet of gabion baskets along the
creek bank. The gabion baskets will be topped with class B rip rap and ABC (see attached
drawing).
OVERALL TOTAL STREAM IMPACT: 180 linear feet
Attached is a Preconstruction Notification Form, a plan view sheet, a marked county map, a
marked topography map and photographs.
If further information is required, please let me know.
Sincerely,
Jaci?Hi?ningg
Division Environmental Specialist
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAX [phone]

Mr. John Thomas
SR 1140, Arnett Hollow Road, shoulder failure, Watauga
Page 2
July 8, 2005
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
John Hennessy, Division of Water Quality (7 copies)
Sue Homewood, Division of Water Quality
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Kevin Whittington, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Office Use Only: Form Version April 2MI
USACE Action ID No. DWQ No. 2 0 0 5 1 2 6 5
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requestcd:_ NW #13
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: North Carolina Department of Transportation
Mailing Address: P O Box 250, North Wilkesboro, NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Staci Hining, Division Environmental Specialist
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P. 0 Box 250, North Wilkesboro NC 28659
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: sshininp,@dot state nc.us
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JUL 7 3 1005
DENR. W,41ER Page 3 of 11
TUNDSAND STORgMWTER BRANCH
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1140, shoulder repair
2. T.I.P. Project Number (NCDOT Only): 11.209511
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Watauga Nearest Town: Lovill
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached SR map.
5. Site coordinates, if available (UTM or Lat/Long): DD: 36.22235° N, 81.73641 ° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing ofa distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Forest/Residential
7. Property size (acres): Approximately .04 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Hayes Branch (Class: C).
9. River Basin: Watauga River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state_nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Repair failed roadway shoulder.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe and dump
Page 4 of I 1
12. Describe the land use in the vicinity of this project: Forest/Residential
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: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
Page 5 of 1 I
N/A
* List each impact separately and identify temporary impacts. impacts mciuac, nut arc not mmuea to: mecnanize:a cicanng, gradmg, Dui,
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 htlp;//_ucvw.tcnui.t pv.
*** 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:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of Perennial or
Site Number Type of Impact* Impact Stream Name**
Stream Before Intermittent?
(indicate on map) (linear feet)
Impact (please specify)

* 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 afler, 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
cNcNw,us_1S VO •. Several Internet sites also allow direct download and printing of USGS maps (e.g., ? nt\ tt )o/unc.com.
vcww.nuI x we t.cout, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Impact Name of Type of Waterbody
Site Number Type of Impact* (acres) Waterbody (lake, pond, estuary, sound,
indicate on ma if applicable) bay, ocean, etc.
SR 1 140 shoulder Gabion basket placement 0.01 Hayes Branch Stream
repair for slope protection (180 linear feet)
i I I - I
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
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 6 of I 1
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 roadway shoulder on SR 1140 at this site has failed. The proposed repairs are necessary in
order to maintain a safe roadway. AlI appropriate BMPs will be used _during construction.
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
htth_ //h2o_enr_ state. nc. us/ncwet lands/strmgide. htm I.
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,
Page 7 of 11
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.
N/A
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 ht1p;(/h2oenr.sia1c.ncus/N%rplindcx.1itnn. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): To be determined by the COE
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A ---
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 8 of 11
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular Gom near frank of channel; Zane 2 extends an
additional 20 Iect from the edge of Lone 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.
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.
Impervious surface area will not increase.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 9 of 1 I
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature / Dite
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Wilkes Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 10 of 11

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Name: BOONE Location: 036.2221584° N 081.7372097° W
Date: 7/8/2005 Caption: Shoulder failure on SR 1140, Watauga County
Scale: 1 inch equals 1333 feet
Copyright (C) 1998, Maptech,
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Streambank erosion and shoulder failure on SR 1140, Arnett Hollow Road, Watauga.
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imap://rob.ridings%40dwq.denr.ncmail.net @cros.ncmai1.net:143/fet...
Subject: Re: [Fwd: Re: 051266 (and 051265)]
From: Sue Homewood <[e-mail]>
Date: Tue, 28 Feb 2006 16:15:35 -0500
To: John Hennessy <[e-mail]>
CC: Rob Ridings <[e-mail]>
So Rob,
1 guess that means maybe enter the date into BIMS that you normally would for issuance of a
non-written concurrence. And there's a current one I have that's also a 13, less than 500 feet, not for
mitigation, so no written conc.
sue
On 2/28/2006 4:00 PM, John Hennessy wrote:
The simple answer on the 13 is that it depends on what is being done and what the purpose of the
project is. If it is wetlands for mitigation, then it requires written concurrence. If it is wetlands that
are not for mitigation then it does not. Same for streams. if they use it for stream bank stabilization,
then impacts over 500 trigger written concurrence. As far as what to do with the existing. File them.
If it required written concurrence, send a waiver letter. If not, file and report in BIMS only. Hope this
helps.
Sue Homewood wrote:
hey, somehow i've gotten all confused about NW 13s. (see my email to rob below).
i didn't realize that DOT had not marked courtesy copy and paid on the two from last year. if i
should be issuing written conc. for NW 13s, then how do you want me to handle these 2 that are
WAY past the 60 day mark? I'm sure the work is done. should Rob just put the 60 day date in
BIMS as issued by statutory deadline?
sorry.
-------- Original Message --------
Subject:Re: 051266 (and 051265)
Date:Fri, 24 Feb 2006 15:18:39 -0500
From:Rob Ridings <[e-mail]>
Organization:NC DENR DWQ
To:Sue Homewood <[e-mail]>
References:<[e-mail]> <[e-mail]>
Sue,
Beats me, I'm afraid. I've read the GC3495 many times over the years and I'm still clueless about
that, to be honest!
But, since the PCN did not have "courtesy copy" checked off, and they included the full fee
information, I simply assumed they needed it. Thus, I sent it your way.
1 of 2 2/28/2006 4:27 PM
imap://[e-mail]:143/fet...
Also ...there's another one. 051265 (SR 1140, Watauga) was also applied for the same day, also for
a NW 13. I sent it over the same day, presumably.
So, since they did pay, my guess would be these two will at least need waivers?
Let me know what you decide to do.
rob
PS- This project got my attention because they applied for another NW 13 for NC 194 in Watauga.
I didn't give it the same number as the other one since it's on a different stretch of roadway.
(060269). So keep an eye out for it! -r
Sue Homewood wrote:
i apparently never issued one. i thought that a NW 13 didn't require written concurrence unless it
was in a buffer basin or greater than 500 ft. am i totally missing something?
On 2/22/2006 10:03 AM, Rob Ridings wrote:
Sue,
Did you issue #051266 in Watauga County?
for that one.
If so, could you get another copy sent?
Thanks,
rob
Sue Homewood <[e-mail]>
NC DENR
WSRO
I don't think I ever received a copy of the 401
2 of 2 2/28/2006 4:27 PM