20031245 Ver 1_Complete File_20030924

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Michael F. Easley
=_ 1 t / Governor
vvv William G. Ross, Jr., Secretary
?Fp §epartment of Environment and Natural Resources
2 3 )???1•5 Gregory J. Thorpe, Ph.D.
Acting
ND,S yh ?r` QUALITY Director
TO Division of Water Quality
wrTAWCH
DWQ Project No.: 200312LIS County: ALLEGHANI
Applicant: We_00r
Project Name: Nc- - SR 1121
Date of Issuance of 401 Water Quality Certification: 0 /17 200
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
4011Wetlands 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, lif 21?1-(V*^i V? • OA417'00lc" , 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 spe¢if tions and other supporting materials.
Signature: 2 1 ), _ J Date: i_4 UQV_
Agent'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:
N this project was designed by a Certified Professional
I, , 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.
Signature Registration No. Date
NnEN
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
a...,. rn4rn moo Conn
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`OHO RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
> i Coleen H. Sullins, Deputy Director
.? Division of Water Quality
October 17, 2003
Alleghany County
DWQ Project No. 031245
SR 1339 (Phipps Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E. WETLANDS/401 GROUP
Division Engineer
N C Department of Transportation OCT 2 3 2003
Post Office Box 250
North Wilkesboro, North Carolina 28659 WATER QUALITY SECTION
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to impact 164 linear feet
of four unnamed tributaries to Elk Creek (114 feet of new pipe and 50 feet of riprap and temporarily impact 20 linear
feet) in order to improve SR 1339 (Phipps Road) in Alleghany County. The project must be constructed in
accordance with your application dated September 22, 2003 (received September 24, 2003), including the
environmental commitments made in the application letter. Please be aware that Elk Creek and its tributaries are
classified as C+ Waters and are subject to special managements strategies for Outstanding Resource Waters, to
protect downstream water uses. 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 of
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. Elk Creek and its tributaries are classified as C+ Waters and are subject to special management strategies for
Outstanding Resource Waters to protect downstream uses.
2. 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.
585 Waughton Street Winston-Salem, NC 27107 Telephone: [phone] Fax: [phone] Customer Service: 1-877/623-6748
Mr. Mike Pettyjohn, P.E.
October 17, 2003
Page Two
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 Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. 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.
4. 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
Resources has released the project.
5. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities in the stream buffer zone to provide long-term erosion control. NCDOT is encouraged to
use onsite vegetation and materials for streambank stabilization when practicable.
6. In-stream activities are prohibited during the fish-spawning season of May 1 through July 15 to protect the egg
and fry stages of fish from off-site sedimentation during construction.
7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
8. Stormwater should 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 stre?uns. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow.
9. Where practicable, culverts that is less than 48-inch in diameter should be buried to a depth equal to or greater
than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in 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. These
measurements must be based on natural thalweg depths. 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. All waters must
flow through without freefalling or damming on either end of the culverts during low flow conditions, to
maintain aquatic life and/or fish passage.
10. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
11. Disturbed floodplains and streams should be restored to natural geomorphic conditions.
12. Any riprap used must not interfere with aquatic life passage during low flow conditions.
13. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will
lessen the change of altering the stream's water chemistry and causing a fish kill.
14. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
15. 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.
16. 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.
17. All work shall be performed during low flow conditions.
18. 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. NCDOT is strongly advised to send in photographs upstream and
downstream of each structure to document correct installation.
Mr. Mike Pettyjohn, P.E.
October 16, 2003
Page Three
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 Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the
Asheville Regional Office at 828.251.6208.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
John "Thomas, USACE Raleigh Field Office
Wetlands/401 Unit
Winston Salem Regional Office
Mike Parker, NCDWQ Asheville Regional Office
Central Files
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: Steve Maiiney
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1339 County ALLEGUANY
Project Number 03 1245 County2
Recvd From DOT Region Winston-Salem
Received Date 9/24/03 Recvd By Region
Project Type pave road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
F14 Stream PT -ON 10 6 ??- 50,703. 164.00 164.00
F_33F_ O Y ®N ?????? F- I
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetiand Rating Sheet Attached? Q YO N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y Q N Recommendation: Q Issue0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 363412 Longitude (ddmmss) 811410
Comments:
DOT is proposing tom, widen and pave Phipps Road SR 1339 in Alleghany Coun . Four
culverts will need to be extended for a total length of 164 feet affecting four unnamed tributaries to
Elk Creek which is classified C+ waters,(Protect downstream uses for ORW).
It is recommend that WO Cetification Nos. 3404 and 3366 be issued.
The 401 Certification was issued on October 17, 2003.
cc: Regional Office
Central Office Page Number 1
ro
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all

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE [phone] SECRETARY
September 22, 2003
Mr. John Thomas
U. S. Army Corps of Engineers 031245
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #14 & #33
SR 1339 (Phipps Road)
Alleghany County, North Carolina
Project Number: 11C.003021 (DWQ Permit Fee:
Dear Mr. Thomas:
"TL 51401 Ci
SEE
YVATERQUALITYS
ECTI'ON
$475)
The NC Department of Transportation is scheduled to grade, drain, base and pave SR 1339 in
Alleghany County. The existing 16 foot wide gravel road will be widened to 18 feet and paved.
Total project length is approximately 1.24 miles. Impervious surface area will increase by 0.3
acres. This project will require the replacement of four (4) wet cross lines as shown below:
1) Replace existing 40'x 36" CMP at station 16+25 with a 60'x 48" CMP.
2) Replace existing 30'x 30" CMP at station 28+30 with a 60'x 48" CMP.
3) Replace existing 26'x 36" CMP at station 73+37 with a 60'x 48" CMP.
4) Replace existing 20'x 71"x47" CSPA at station 74+32 with a 50'x 71"x47" CSPA.
Miscellaneous rip-rap impacts will total 50 linear ft. or less. New stream impacts =164 In. ft.
** Please note that the existing pipe at station 16+25 is perched and will likely remain perched
after replacement due to slope. In the event that pipe slope would be too steep to warrant pipe
burial, a riprap energy dissipater pad will be placed in the streambed at the pipe outlet.
** A small stream parallels the existing roadway from approximate station numbers 65+00-
73+00 (Lt.). The roadway will be shifted away from this riparian area to minimize water quality
impacts.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAX [phone]
Mr. John Thomas
SR 1339, Phipps Road, Alleghany
Page 2
September 22, 2003
The replacement of the deteriorating pipe at station 74+32 will require temporary dewatering. An
impervious sandbag dike will be constructed approximately 20 feet upstream of the existing
crossing to create a small pool. Clean water will temporarily be pumped around the construction
area and will be discharged into a buffer area downstream. Any dirty water located inside the
construction area will be pumped into a silt bag. The dewatered area will total approximately 270
square feet or 0.006 acres. Once the new structure is in place, the impervious dike will be
removed and preconstruction streambed elevations will be restored.
Construction of this project will require impacts to waters of the United States in the New River
Basin. Each of the above noted wet cross lines carry different unnamed tributaries to Elk Creek
(Class: C+). This project was reviewed for the presence of threatened and endangered species on
September 15, 2003. The subject project will have no effect on any federally listed endangered
plant or animal species. The NCDOT Historical Architecture Section has reviewed this project
and determined that there are no NR/SL/DOE properties along this roadway that will be impacted
by the proposed project.
Since this is an existing roadway, the modifications proposed in this application should not
remove or degrade existing water quality uses. Any widening of the existing roadway will be
directed away from any adjacent creek whenever possible with minimum fill placed in any buffer
area. Pipe sizes used will be the minimum necessary to create a safe roadway. By utilizing the
erosion control measures outlined in the attachments to this application, downstream water
quality standards will be protected. All appropriate BMPs will be used during construction.
Attached is a Preconstruction Notification Form, plan sheets with proposed erosion control
measures, a marked county map, a marked topography map and photographs.
By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with
the North Carolina Wildlife Resources Commission comment directly to you concerning the 404
Nationwide Permit application with a copy sent to me.
By copy of this letter, I am forwarding seven (7) copies of this application package to Cynthia
Van Der Wiele, NCDENR, Division of Water Quality, 401/Wetlands Unit, for her review. It is
requested that any comments related to the 401 certification be forwarded directly to me with a
copy sent to the US Army Corps of Engineers.
We would like to begin construction as soon as possible. If further information is required, please
let me know. Your early review and consideration will be appreciated.
Sincerely,
*d ---
Heath Slaughter
Division Environmental Officer
Mr. John Thomas
SR 1339, Phipps Road, Alleghany
Page 3
September 22, 2003
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Cynthia Van Der Wiele, Division of Water Quality (7 copies)
Mike Parker, Division of Water Quality
Mike Pettyjohn, PE, Division Engineer
Charles Reinhardt, PE, District Engineer
Roger Todd, Road Maintenance Supervisor
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Dennis Bennett, Bridge Maintenance Engineer
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ N0.031245
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: NW #14 & #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: 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: Heath Slaughter, Division Environmental Officer
Company Affiliation: 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]
Page 3 of 12
111. 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 1339, Phipps Road
2. T.I.P. Project Number (NCDOT Only): I IC.003021
3. Property Identification Number (Tax PIN):
4. Location
County: Alleghany Nearest Town: Turkey Knob
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):
28+30 DD: 36 5701N 81.2361W
74+32 DD: 36.5723N 81.2269W
(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/Farm
7. Property size (acres): Approximately 7.5 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): UTs to Elk Creek (Class: C+).
9. River Basin: New
(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 4 of 12
10. Describe the purpose of the proposed work: Improvement of SR 1339.
11. List the type of equipment to be used to construct the project: Trackhoe, backhoe, motor
grader and dump trucks.
12. Describe the land use in the vicinity of this project: Residential/Farm/Rural.
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
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
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***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, till,
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://wwtiv.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 acres
Total area of wetland impact proposed: 0 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average
Width of
Stream Before
Impact Perennial or
Intermittent?
(please specify)
Station No. 16+25 Pipe replacement 20 feet UT #1 to Elk Creek 2-3 feet Perennial
Station No. 28+30 Pipe replacement 30 feet UT #2 to Elk Creek 3 feet Perennial
Station No. 73+37 Pipe replacement 34 feet UT #3 to Elk Creek 2-4 feet Perennial
Station No. 74+32 Pipe replacement 30 feet UT #4 to Elk Creek 3 feet Perennial

All of the above Miscellaneous
rip-rap
placement for
stabilization
50 feet or
less.
UTs to Elk Creek
2-4 feet
Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, 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
wmv.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., VMv.to_pozone.com.
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 164 In. ft. of new impacts.
Page 6 of 12
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.
Station 74+32 Temporary Dewatering 0.006 UT 44 to Elk Creek Stream

* 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
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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 roadway must be widened to achieve an acceptable section width, thus increasing
public safety. The existing pipes must be replaced for the same reason. By utilizing
the erosion control measures as shown in the attached drawings, adverse impacts to streams in
the area will be minimized. Since this is an existing roadway, the stream impacts cannot be
avoided. However, the replacement pipe lengths will be the minimum needed to construct the
widened roadway. All appropriate BMPs will be used during construction.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
N/.
Page 8 of 12
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 littp://h2o.enr.state.nc.us/w!p/index.litm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): 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 (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 [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.
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:
Page 9 of 12
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 1 extends out 30 feet perpendicular from near bank of channel; "Lone 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.
'A
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 increase by 0.3 acres. All appropriate best manal?ement practices
for sediment and erosion control will be implemented during construction.
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 10 of 12
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).
Z2/ 03
Applicant/Agent's Signature a Date
(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 Avery 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
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page I 1 of 12

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P .F; DN CDh"I D -T.AN SIM E'T'
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?ilt basin eve 3's will"be constructed to the dimension of
six meet. by . three feet by three feet un] ess o". wise noted
on the plans. _
Generally, the Dr der of inS ta11 at i on D L the prDS1 on CDntrDl
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7-elnporary silt basins seal] 'oe instal]en before
z2earin? and grubbing begins_
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installed after zlearimp and before praaing.
rempDraz-y stone 3itch -cbechs shat] be ir_stal]er1 as
so6n as ditchline is established.
Pipe Dut2et ant inlet protection wi11 be none as
soDn as the nine is installed-
SeeCinL g ana other pe=nanemt erosion con tr Dl
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Bottom: Downstream view at station 73+37 on SR 1339, Phipps Road, Alleghany. ()31245
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