20030086 Ver 1_Complete File_20030129

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: [phone] SECRETARY
January 22, 2003
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit #3 & #33
Pipe #2238 on SR 1117
Avery County, North Carolina
Project Number: 5.7252002
Dear Mr. Thomas:
2,9
W
4
(DWQ: No Permit Fee Required)
The North Carolina Department of Transportation is scheduled to replace Pipe #2238 on SR 1117
with a new pipe at the same location. The existing pipe is a 40'x 60"x 46" CSPA. The proposed
new structure is a 60'x 66"x 51" CSPA with a concrete headwall.
Miscellaneous rip-rap impacts will total 20 linear feet or less. New stream impacts = 40.1n. feet.
The replacement of the existing pipe will require temporary dewatering. An impervious sandbag
dike will be constructed approximately 20 feet upstream of the existing culvert to create a small
pool. Clean water will temporarily be pumped around the construction area and will be
discharged into a buffer area located approximately 80 feet downstream of the sandbag dike. Any
dirty water located inside the construction area will be pumped into a silt bag. The dewatered
area will total approximately 240 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 French
Broad River Basin. Pipe #2238 carries Squirrel Creek (Class: WS-V, Trout). The Division 11
Environmental Officer reviewed this project for the presence of threatened and endangered
species on January 21, 2003. The subject project will have no effect on any federally listed
endangered plant or animal species. Historic compliance work will be scheduled and concurrence
with the State Historic Preservation Office will be obtained if required.
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE [phone] FAx [phone]
Mr. John Thomas
Pipe #2238 on SR 1117, Avery
Page 2
January 22, 2003
Attached is a Preconstruction Notification Form, plan sheets, 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.
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,
-A ? J/
Heath Slaughter
Division Environmental Officer
Enclosures
cc: John Thomas, US Army Corps of Engineers (1 additional copy)
Ron Linville, Western Piedmont Region Coordinator, NCWRC
Cynthia Van Der Wiele, DWQ (2 copies)
R. C. McCann, PE, Division Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Dennis Bennett, Bridge Maintenance Engineer
Office Use Only' 03 00 Form Version April 2001
86
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: NW #3 & NW #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: ?
H. 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: hslaughter@a dot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
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: hslau hter dot state nc us
Page 3 of 12
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: Pipe #2238 on SR 1117
2. T.I.P. Project Number or State Project Number (NCDOT Only): 5.7252002
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Avery Nearest Town: Hughes
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Pipe is at the intersection of SR
1153 and SR 1117.
5. Site coordinates, if available (UTM or Lat/Long): DD: 36 0543° N. 81.9508° W
(Note - If project is linear, such as a road.or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential/Farm
7. Property size (acres): Approximately 0.03 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Squirrel Creek (Class: WS-V, Trout)
9. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
aps/.)
River Basin map is available at http://h2o.enr.state.nc.us/admin/m
Page 4 of 12
10. Describe the purpose of the proposed work: Upgrade existing stream crossing.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe and dump
trucks.
12. Describe the land use in the vicinity of this project: Residential/Farm
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

?Xno fill
* List each impact separately and identity temporary impacts. Impacts mcluue, out arc 11ut u..tvu w. uia.anwa+..a ...........r„ b ......_„
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
gov.
online at htti)://www.fema.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
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?

lease specify)
Pipe #2238 Pipe
Replacement 20 feet Squirrel Creek 3 feet Perennial

Pipe #2238 Miscellaneous
rip-rap
placement for
stabilization
20 feet or
less
Squirrel Creek
3 feet
Perennial

-A x otxi rir,-ran
* List each impact separately and identity temporary impacts. unp-LS 111-uuc, uu1 mu 11V1 1u1111W .V. W..v., a ..r --r,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.sov, Several Internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mapouest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 401n ft of new permanent 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.
Pipe #2238 Temporary Dewatering 0.006 Squirrel Creek Stream

* List each. impact separately and identify temporary impacts. impacts mc?uc onn are „vr 1-HEW w. u,., a.nvo. 4-9 -r --r„
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_niM must be replaced due to its condition 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.htnil.
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.
N/A
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 http://h2o enr state.nc.ggm /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): 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 213 .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; zone 1 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.
N/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 not increase All appropriate best management practices for
sediment and erosion control will be implemented during construction.
XH. 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
XM. 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-fast permit application?
Yes ? No
Page 10 of 12
XYV. 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).

17, ?, 03
App --Ti-cant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corp s Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
Telephone: [phone]
Fax: [phone] Alexander
Avery
Buncombe
Burke
Cabarrus
Caldwell
Catawba Cherokee
Clay
Cleveland
Gaston
Graham
Haywood
Henderson Iredell Mitchell Union
Jackson Polk Watauga
Lincoln Rowan Yancey
Macon Rutherford
Madison Stanley
McDowell Swain
Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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
*Croatan National Forest Only
Page 11 of 12
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CULVERT CONSTRUCTION SEQUENCE
LPLACE PROPER EROSION CONTROL DEVICES
(SILT BASINS, TEMP. DIVERSION, SILT FENCE ECT.)
2.CONSTRUCT IMPERVIOUS DIKE UP STREAM TO
CREATE SMALL POOL (DO NOT DIG A HOLE) SO
WATER CAN BE PUMPED AROUND CONSTRUCTION
AREA DOWN STREAM. (THIS WILL BE CLEAN WATER)
ANY UNCLEAN WATER FROM INSIDE CONSTRUCTION
AREA WILL BE PUMPED INTO A SILT BAG.
3. TAKE OUT EXISTING PIPE
4.CONSTRUCT PIPE
5.REMOVE IMPERVIOUS DIKE
6.COMPLETE ROADWAY (THIS INCLUDES SEEDING
AND MULCHING)
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TO: John Thomas, USACOE
Raleigh Regulatory Field Office
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: January 28, 2003
SUBJECT: North Carolina Department of Transportation (NCDOT), SRI 117, Pipe
No. 2238, Squirrel Creek, Avery County
NCDOT proposes to replace the referenced pipe. Biologists with the North Carolina
Wildlife Resources Commission are familiar with habitat values in the area. These
comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina
Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25).
NCDOT will replace the existing 40' x 60" x 46" CSPA with a new 60' x 66" x 51"
CSPA. The project will occur on Squirrel Creek, a Designated Public Mountain Trout
Water that is hatchery supported. Squirrel Creek also supports populations of wild brown
trout.
We will not object to the project provided the following conditions are followed:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning seasons of October 15 through April 15
to protect the egg and fry stages of trout.
2. Culverts 48" or larger should be buried 1' into the streambed. Culverts less
than 48 inches in diameter should be buried to a depth equal to or greater than
20% their size to allow for aquatic life passage. These measurements must be
based on natural thalweg depths. All waters must flow through without
freefalling or damming on either end during low flow conditions to maintain
aquatic life and/or fish passage. Any riprap used must not interfere with
aquatic life movement during low flows.
SRI 117, Pipe No. 2238, 2 January 28, 2003
Squirrel Creek
3. If bedrock is encountered, NCDOT should contact this office to discuss
options. The dimension, pattern, and profile of the stream above and below
the barrel should not be modified by widening the stream channel or reducing
the depth of the stream. Previously disturbed floodplains and streams should
be restored to natural geomorphic conditions whenever practicable.
4. If concrete will be used, work must be accomplished so that wet concrete does
not contact stream water. This will lessen the chance of altering the stream's
water chemistry and causing a fish kill.
5. Heavy equipment should be operated from the bank rather than in the stream
channel in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream.
6. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
7. Temporary or permanent herbaceous vegetation should be planted on all bare
soil in the trout buffer within 5 days of ground disturbing activities to provide
long-term erosion control. We encourage NCDOT to utilize onsite vegetation
and materials for streambank stabilization when practicable.
Thank you for the opportunity to review and comment on this project during the early
planning stages. If you have any questions regarding these comments, please contact me
at 336/769-9453.
Cc: Cynthia Van Der Wiele, DWQ
Heath Slaughter, DOT
Marella Buncick, USFWS
Becky Fox, EPA
Marla Chambers, WRC
TopoZone - The Web's Topographic Map
Page 1 of 2
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Target is 36.05431N, 81.95081W - NEWLAND quad [Qu_ad_ Info]
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1/7/03
Top: Inlet view of Pipe #2238 on SR 1117, Avery County.
Bottom: Outlet view of Pipe #2238 on SR 1117, Avery County.
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