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HomeMy WebLinkAbout20021782 Ver 1_Complete File_20021107f? 0 2 0 ® ?+ io es3f/1as .. NOV 7 2002 ?f r ETLAH LITY, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS GOVERNOR November 4, 2002 U. S. Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. Steve Lund, MS, PWS 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 W. LYNDO TTPETT SECRETARY Subject: Stanly County, Proposed Replacement of Bridge No. 228 on SR 1730 (Clodfelter Road) over Mountain Creek. State Work Order No. 5.6552 (DWQ Minor Permit Fee $200.00) Dear Mr. Lund: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 228 on SR 1730 (Clodfelter Road) over Mountain Creek in Stanly County. The purpose of this letter is to request authorization from U. S. Army Corps of Engineers under a Section 404 General Permit No. 198200031 to construct the project. The existing 18' timber bridge will be replaced by two 11 T' x 79" corrugated metal pipe (arched). The cross pipes will be installed so as to allow the stream to flow through only one pipe during low flow conditions. Traffic will be maintained using an off-site detour. The Project Development and Environmental Analysis section of the NCDOT performed a natural resource investigation on June 6, 2001 and the project is described in a Minimum Criteria Checklist. It has been determined that the construction of this project will not have an effect on any listed threatened or endangered plant or animal species. Impacts to waters of the United States will result from project construction. There are no wetlands present, although impacts to surface waters will occur. There will be 210 square feet of fill in surface resulting from the pipe and no more than 20 square feet of fill due to the addition of rip rap for erosion control purposes. r = ?1 The NCDOT proposes to temporarily dewater the stream, as needed, during the construction of the project. This will involve the temporary placement of sandbags, sheet metal cofferdams, or Class B or Class 2 riprap, covered with filter fabric, in the stream channel approximately 10 feet upstream of the proposed culvert inlet. In order to maintain water flow during construction, water upstream of this impervious structure will be temporarily pumped out and conveyed IQ 716 West Main Street, Albemarle, NC 28001 • (704) 982-0101 • Fax (704) 982-3146 downstream of the construction activity where it will be allowed to filter through vegetation before flowing back into the stream channel. This activity will result in temporary impacts to the aforementioned surface waters. Approximately 80 linear feet of stream channel will need to be dewatered. This would result in 280 square feet of dewatered streambed. Any dewatering activity that occurs will be conducted for less than five consecutive working days and the sandbags or rip rap covered filter fabric will be entirely removed from the stream channel after construction. The volume of temporary fill required for this activity would consist of no more than 6 cubic yards. The stream is located in a rural area approximately 3.0 miles east of the town of Albemarle and is located in the Yadkin River Basin, Hydrologic Unit 03040105. A permit drawing and pre- construction notification form are attached to this letter. The NCDOT anticipates that the permit application will be authorized under a Section 404 General Permit No. 198200031. We are also hereby requesting a 401 Water Quality Certification, General Certification 3375, from the Division of Water Quality. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. Thank you for your assistance with this project. If you have any questions or need any additional information concerning this project, please contact Mr. Larry Thompson, Division Environmental Officer, at (704) 982-0101. Sincerely, Benton G. Payne, P. E. Division Engineer LBT/BGP Enclosures cc: Mr. John Domey, NCDWQ Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Mr. Garland Haywood, Bridge Maintenance Mr. Larry Thompson, DEO Mr. Phil Suggs, Field Operations Office Use Only' Form Version April 2001 USACE Action ID No. DWQ No-021782 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) Requested: RGP 198200031 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: N C Department of Transportation Mailing Address: 716 West Main Street Albemarle NC 28001 Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146 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: Benton G Payne P. E. Company Affiliation: Division Enaineer Mailing Address: 10`h Highway Division 716 W. Main Street Albemarle NC 28001 Telephone Number: (704)982-0101 Fax Number: (704) 982-3146 E-mail Address: bpWme@a dot state nc us Pagel of 9 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 1730 (Clodfelter Rd.) 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Stanly County Nearest Town: Albemarle Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Albemarle. Travel East on 24/27 Turn left onto SR 1720 (Henderson St.) Right onto SR 1730 (Clodfelter Rd.). Location is just before end of pavement. 5. Site coordinates, if available (UTM or Lat/Long): See Attached (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: Residential/Subdivision 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Mountl~an Creek. . 9. River Basin-,' Yadkin (Hydrologic Unit 03040105) . (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 9 (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/map-/ 10. Describe the purpose of the proposed work: Installation of 2 lines of 117" x 79" CMPA. This will replace an existing 18' single span bridge 11. List the type of equipment to be used to construct the project: Heavy construction equipment ( Trackhoe back hoe d= truck boom truck etc 12. Describe the land use in the vicinity of this project: Wooded on both sides of road. 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 Page 3 of 9 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 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*** ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleanng, 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 floodplam traps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://w-vvNv.tcma.2ov. List a wetland type that best describes wetland to be impacted (e.g., freshwater/salt-,vater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) S1 Dual Culverts 20' UT to Mountain Crk. Approx. 3.5' Intermittent S1(a) Inlet Stabilization 5' UT to Mountain Crk. Approx. 3.5' Intermittent SI(b) Outlet Stabilization 5' UT to Mountain Crk. Approx. 3.5' Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limned to: culverts and associated np-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, ctib.,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.usQs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toymne.com, www.ma)quest.com, etc.). Page 4 of 9 Cumulative impacts (linear distance in feet) to all streams on site: Approximately 30 feet of permanent im acts 40 feet of Tem or 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 Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) __?__?_ ?... .. ..,.. t:. ..-A t- fill Pv vatinn drefivinQ_ ' List each impact separately and identity temporary impacts. impa.., IIBAUU, . Vu. ••?• 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 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. All wetlands or surface waters not affected by the project will be protected from unnecessary encroachment No staffing of construction equipment will be allowed in or near wetlands or waters of the United States Strict enforcement of sedimentation and erosion Best Manal7ement Practices for the protection of wetlands and surface waters will be enforced during all phases of - project construction. Page 5 of 9 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-//h-lo.enr.state.nc.us/ncwetlands/strrntzide.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. No mitigation is proposed for this project 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 bereviewed and approved before it can be used to satisfy mitigation requirements. Applicants Page 6 of 9 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 htti)://h2o.enr.state.nc.us/Nvm/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 (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (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 (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. 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 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. Page 7 of 9 Zone* Impact (square feet Multiplier Required Mitigation 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. 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. There will not be an increase in impervious area as a result of the proposed pipe improvements.. Temporary dewatering and all appropriate Best Management Practices for sediment and erosion control will be implemented during pipe replacement activities. 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 Is this an after-the-fact permit application? Yes ? No Page 8 of 9 YAV. 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). //- 0,/- 0.,-- Applicant/ gent s ign a Date (Agent's signature is va id only if an authorization letter from the applicant is provided.) Page 9 of 9 +NEID Fq `\???, stn - ? \ ? • ? ? ti ?\? 1 ?. !LAXE,i U/ 1 / NEW s LONDON s 23 H.n.V.rry \ / I 1 roI. 037 lw.tlia, \ G' / =•L---- - --`-- --- - ---„ -N SACN - - ytr \ ,DAN 1 j 1 `i• , smnl County` UDIN Airpen :Trot. 1,7n] V. VLL m 7, c 73 I p so -- i i M ALBEhV RLE / u wJ "'" a s j //? / \ rot. IS.NT 3I1, C.F _? 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PY , We r ?. > ? < O m ' m m ?ya? t? ? cwo 1 x m m R =J Ecg m `` Eq ?, f eic SwF CTe?s :? 0 f . m " b.. m n 0 07 m n m v n' - m n m l 7c, IE m _ m R, W .. m CO yC p ° m ?? t W I J q? m ?3 p T T ;r 0 . 4 C r o caw co ` r c tD Y -4 m t' d W + .d L oo m y 2 'd F? n ?Y.. n m m ,t' L TbB ot+ z T z i:??. t+ timed . ti co ° W a; 6e• ? North Carolina Department of Transportation Typical Plan and Elevation of Pipe Installation Permits Asphalt Crown Amount of Fill over Pipe v L C CC O O O Y sy?ac a? t) BPI y o O p C? Cd ? a its L At Nag a oo A N 'Sa u 1 O s. ? 'fir .-+ CG OG Class I Roadway 16 ft - . W G. o Shoulder = 6- fl x 2.0, U? 6tlce belWeen ) Typical Plan View With Class I or II Rip Rap on inlet and Outlet end 22.0' Overall Span Length 9.5' reek Bed to rown in Roadway II Rip Rap Overall 60-ft. of Pipe I or Class II Rip Rap Elevation 2 Lines of Corragated Metal Pipe Arch, 117" x 79" With Class I,or H Rip Rap Slope Protection on Inlet and Outlet end p?? / pG ? r > -! North Carolina Department of Environment ano yawra - Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project No.: D 2 Applicant: C DeA Project Name: Date of Issuance of 401" 2 County: ater (duality Certification: ?`- Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable 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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 , 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 be 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: Date: Agent's Certificatio 1 hereby state that, to the best of my abilities. due care and diligence w used in the observation of the construction such that the construction was observed to be built within substanti- compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approv l ns specifications, and other supporting materials. Signature: Date: I ' ?`j ' CJ S If this sect was designed by a Certified Professional 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 Permitee 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 be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Date Signature Registration No. t+I?.DEM' North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http:llh2o.enr.state.nc.us/ncwetiands/ V?IATF Michael F. Easley, Governor 0 RQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rte- Alan W. Klimek, P.E. Director Division of Water Quality November 8, 2002 Stanley County DWQ Project No. 021782 Bridge No. 228 on SR 1730 (Clodfelter Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Benton G. Payne, P.E., Division Engineer NCDOT Division 10 716 West Main Street Albemarle, North Carolina 28001 Dear Mr. Payne: You have our approval, in accordance with the attached conditions and those listed below, to incur 30 linear feet of permanent and 40 linear feet of temporary impacts to Mountain Creek in order to replace Bridge No. 228 on SR 1730 (Clodfelter Road) in Stanley County. NCDWQ understands that4he bridge will be replaced with dual 117 x 79" corrugated metal pipe (arched). The project should be constructed in accordance with your application dated November 4, 2002 (received November 7, 2002). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3366 and 3375 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 33 and General (Regional) Permit No. 198200031. In addition, you should 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 only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us in writing, and you may be required to send us 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 stream impacts 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. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and adhere to "Design Guidelines for Sensitive Watersheds" [15A NCAC 4B .0124] prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. 2. NCDOT shall comply with WS-IV Water Supply Watershed regulations, including the requirement for a 30-foot vegetated buffer. 3. Storm water shall be directed to grassed swales, vegetated buffer areas or a storm water collection device and not routed directly to streams where practicable. 4. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 5. The structure required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ above and below locations of the pipe. The structure shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the streams. 6. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 7. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify 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 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please include photographs upstream and downstream of the 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 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 Ms. Cynthia Van Der Wiele at 919.733.5715 or W. Michael Parker of the Mooresville Regional Office at 704.663.1699. Sincerely, Attachment fa P.E. Pc: Wilmington District Corps of Engineers Steve Lund, USACE Asheville Field Office NCDWQ Mooresville Regional Office Central Files File Copy ? z A-_ MICHAEL F. EASLEY GOVERNOR 1? 2 er?II r Zu_ d..s *V 7 f 2002 ...-WE n Alan., __ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS November 4, 2002 U. S. Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. Steve Lund, MS, PWS 151 Patton Avenue, Room 208 FILE COPY Asheville, NC 28801-5006 W. LYNDO TIPPETT SECRETARY Subject: Stanly County, Proposed Replacement of Bridge No. 228 on SR 1730 (Clodfelter Road) over Mountain Creek. State Work Order No. 5.6552 (DWQ Minor Permit Fee $200.00) Dear Mr. Lund: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 228 on SR 1730 (Clodfelter Road) over Mountain Creek in Stanly County. The purpose of this letter is to request authorization from U. S. Army Corps of Engineers under a Section 404 General Permit No. 198200031 to construct the project. The existing 18' timber bridge will be replaced by two 11 T' x 79" corrugated metal pipe (arched). The cross pipes will be installed so as to allow the stream to flow through only one pipe during low flow conditions. Traffic will be maintained using an off-site detour. The Project Development and Environmental Analysis section of the NCDOT performed a natural resource investigation on June 6, 2001 and the project is described in a Minimum Criteria - Checklist. It has been determined that the construction of this project will not have an effect on any listed threatened or endangered plant or animal species. Impacts to waters of the United -? r-n States will result from project construction. There are no wetlands present, although-impacts to A .,:::: surface waters will occur. There will be_ 210 square-feet, of fill in surface resulting from the pipe.- D- and no more than 20 square feet of fill: due to the addition of. rip rap for erosion control purposes. ? - The NCDOT proposes to temporarily;dewater the stream, as needed, during the construction of the project: This will involvethe temporary placement of sandbags, sheet metal .cofferdams; or Class B or Class 2 riprap, covered with filter fabric, in the stream. channel!. approximately 10 feet upstream of the proposed culvert inlet. ;In order, to maintain water flaw, during construction; water upstream of this impervious structure will be temporarily pumped out :and conveyed 716 West Main Street, Albemarle, NC 28001 9 (704) 982-0101-.* Fax (704) 982-3146 downstream of the construction activity where it will be allowed to filter through vegetation before flowing back into the stream channel. This activity will result in temporary impacts to the aforementioned surface waters. Approximately 80 linear feet of stream channel will need to be dewatered. This would result in. 280 square feet of dewatered streambed. Any dewatering activity that occurs will be conducted for less than five consecutive working days and the sandbags or rip rap covered filter fabric will be entirely removed from the stream channel after construction. The volume of temporary fill required for this activity would consist of no more than 6 cubic yards. The stream is located in a rural area approximately 3.0 miles east of the town of Albemarle and is located in the Yadkin River Basin, Hydrologic Unit 03040105. A permit drawing and pre- construction notification form are attached to this letter. The NCDOT anticipates that the permit application will be authorized under a Section 404 General Permit No. 198200031. We are also hereby requesting a 401 Water Quality Certification, General Certification 3375, from the Division of Water Quality. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. Thank you for your assistance with this project. If you have any questions or need any additional information concerning this project, please contact Mr. Larry Thompson, Division Environmental Officer, at (704) 982-0101. Sincerely, Benton G. Payne, P. E. Division Engineer LBTBGP Enclosures cc: Mr. John Dorney, NCDWQ Ms. Marella Buncick, USFWS Ms. Marla Chambers, NCWRC Mr. Garland Haywood, Bridge Maintenance Mr. Larry Thompson, DEO Mr. Phil Suggs, Field Operations 2 Office Use Only' 021782 Form Version April 2001 USACE Action ID No. DWQ No. If any particular- item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 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) Requested: RGP 198200031 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: N C Department of Transportation Mailing Address: 716 West Main Street Albemarle NC 28001 Telephone Number: (704) 982-0101 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: Benton G Payne P. E. Company Affiliation: Division Engineer Mailing Address: 10`h Highway Division 716 W. Main Street Albemarle NC 28001 Telephone Number: (704) 982-0101 Fax Number: (704) 982-3146 E-mail Address: bpayne dot state nc.us Fax Number: (704) 982-3146 Pagel 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 1730 (Clodfelter Rd.) 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Stanly County Nearest Town: Albemarle Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Albemarle, Travel East on 24/27 Turn left onto SR 1720 (Henderson-St.), Right onto SR 1730 (Clodfelter Rd.). Location is just before end of pavement. 5. Site coordinates, if available (UTM or Lat/Long): See Attached (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: Residential/Subdivision 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): Mountlan Creek. 9. River Basin: Yadkin (Hydrologic Unit 03040105) '(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/mUs/.) Page 2 of 9 (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/mgp 1/.) 10. Describe the purpose of the proposed work: Installation of 2 lines of 117" x 79" CMPA. This will replace an existing 18' single span bridge. 11. List the type of equipment to be used to construct the project: Heavy construction equipment ( Trackhoe back hoe dump truck boom truck etc 12. Describe the land use in the vicinity of this project: Wooded on both sides of road. 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. 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 Page 3 of 9 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 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*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing. grading. run. excavation, flooding. dit&ng/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 ham:/hti??w.fema.eov. s'• 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: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases eci ) S1 Dual Culverts 20' UT to Mountain Crk. Approx. 3.5' Intermittent SI(a) Inlet Stabilization 5' UT to Mountain Crk. Approx. 3.5' Intermittent S1(b) Outlet Stabilization 5' UT to Mountain Crk. Approx. 3.5' Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not umrted 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.usas.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tg ozone.com www.matxruest.com, etc.). Page 4 of 9 Cumulative impacts (linear distance in feet) to all streams on site: Approximately 30 feet of permanent im acts 40 feet of Tem or 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 Name ;applicable) Waterbody (if Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact sep e y an- 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 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. All wetlands or surface waters not affected by the project will be protected from unnecessary encroachment No staging of construction equipment will be allowed in or near wetlands or waters of the United States Strict enforcement of sedimentation and erosion Best Management Practices for the protection of wetlands and surface waters will be enforced during all phases of project construction. - Page 5 of 9 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-/ih2o.enr.state.nc.us/ncwetlands/strrngide.html. 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. No mitigation is proposed for this project 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 Page 6 of 9 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 b.9p://h2o.enr.state.nc.us/-,vrp/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. X. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (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 ? 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. 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 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. Page 7 of 9 Zone* Impact (square feet Multiplier Required Mitigation 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. 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. There will not be an increase in impervious area as a result of the proposed pine improvements.. Temporary dewatering and all appropriate Best Management Practices for sediment and erosion control will be implemented during pipe replacement activities. 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. N/A XHL Violations (DWQ Only) 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 8 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). 1-0-1-0.7- Applicant/ gents ign a Date (Agent's signature is va id only if an authorization letter from the applicant is provided.) Page 9 of 9 /.` TUCKER • 9 J TO-- DAM 03 RICHFIELD - POP. 576 1• FR \ \-ti _ \ \\ L/ ? L/ `? 1\ - - •\ \ \ •, ? ?ADINj, wj .S \ !LAKE ? ` \ `_ I / \ NEW \ LONDON W\f H4•ny \ P s9 ?/ / > ?- - L---- \ POP. 677 hnnian 1 - --- - - - --- > - - i G- - ---- tud iDAA( J , ' Staniv --- g C ounty 40 / \ •" Ax.tln Mill. \ '. - § - = \ - , BADIN Airport •• : I POP. 1.767 \ \ o '\ •\ P41uun9 I \ t \ Lr?H / \ F \ 1r / \ N4In no MILL MT. 10*0 e V ALBEMARLE xnral uw A MORROW MOUNTAIN j . 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Terms of Use ? Q ? CJ m 590 C00 O d t II o -co F s i to ft% m m. _ `. li .v...r-r O ro-.. s . r m o Q rn s co ? O ?4 m m a Fq co c s - 0 co ^ o co Z Qa. ?•4" ?o,n ?_ o ? . C reekOai ° c U n m wF -"?v-f W Z .r n' C m ik, \ +" W m n 1 7 p I North Carolina Department of Transportation Typical Plan and Elevation of Pipe Installation Permits Asphalt Crown Amount of Fill over Pipe 9.5' Creek. Bed to Crown in Roadway Typical End Elevation Elevation 2 Lines of Corragated Metal Pipe Arch, 117" x 79" With Class I,or 11 Rip Rap Slope Protection on Inlet and Outlet end Class I Shoulder = L C ?l w C ? O o O ?V C/] N 03 64 O O ti °D C3 ? ? en as A N '? V V V .-? C1 CG Roadway 16 ft - . W a o Shoulder = 6- ft. ? a V O - 2.0 DEggce between b Typical Plan View With Class I or H Rip Rap on Inlet and Outlet end 22 0' - ? . Overall Span Length II Rip Rap Overall 60-ft. of Pipe I or Class II Rip Rap