HomeMy WebLinkAbout20031436 Ver 1_Complete File_20031113d??o
u
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202 LYNDO TIPPETT
GOVERNOR PHONE: 919-733-2520 SECRETARY
November 3, 2003
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office WETLANDS 1401 GROUP
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
NOV 13 2003
Subject: Nationwide Permits #14 and #33
SR 1157 (Spice Creek Road) WATER QUALITY SECTION
Watauga County, North Carolina
Project Number: 11C.095056 (DWQ Permit Fee: $475)
Dear Mr. Thomas:
The NC Department of Transportation is scheduled to grade, drain, base and pave SR 1157, Spice Creek
Road in Watauga County. As proposed, the total project length is approximately 0.94 miles. The roadway
will be widened from 16 feet to 20 feet and impervious surface area will increase by 0.456 acres. The
project requires the replacement of six (6) wet cross lines and the addition of a double culvert structure,
which will replace bridge # 296 at station 0+50. The impacts are outlined below and a diagram of the
proposed double culvert structure at station 0+50 has been attached. Note that a bench will be constructed
around one of the two pipes at stations 0+50, 36+00 and 47+90 to isolate flow into one barrel during
normal flow conditions. Also, note that temporary dewatering will be necessary during the installation of
culverts associated with impacts at stations 0+50, 36+00 and 47+90.
All of the proposed impacts are in the Watauga River Basin and will directly impact Spice Branch (Class:
C) along with its unnamed tributaries. Note that the project area has been reviewed for the presence of
threatened and endangered species and that the proposed work should have no effect on any federally listed
threatened or endangered species. Furthermore, the NCDOT Historical Architecture Section has reviewed
this project and determined that there are no NR/SL/DOE properties along this roadway.
In general, the project impacts are minor in nature and should not remove or degrade existing water quality
uses. To ensure preservation of downstream water quality, all construction activity will done in accordance
with the NC Department of Transportation Best Management Practices (BMP's), and the attached
sediment/erosion control plan.
A Preconstruction Notification Form, along with a construction plan, erosion control measures, county
map, a topography map and photos have been attached. By copy of this letter and application, it is
requested that Mr. Ron Linville, Mountain Region Coordinator, with the North Carolina Wildlife
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE (336) 903 9223 FAx (336) 903 9239 ; ! ?.
1
Mr. John Thomas
" SR 1157, Spice Branch Road, Watauga
Page 2
November 3, 2003
Resources Commission and Cynthia Van Der Wiele, with the NC DENR, Division of Water Quality
respond directly to both our offices.
Impact Summary:
# Channel Station
# Existing Proposed Temp.
Impacts
In. ft. Perm. Impacts
(1n. ft.)
1 Spice Creek 00+50 Bridge #296 2 117"x 79" x 50' Pipes - 50
2 Spice Creek 00+50 Rip Rap - 20
3 Spice Creek 00+50 Dewaterin 100
4 UT 1 10+50 24" x 30' Pie 36" x 40' Pie 10
5 UT 1 10+50 Rip Rap - 10
6 UT 2 27+25 18" x 40' Pi 24" x 40 Pie 0 0
7 UT 2 27+25 Ri Ra - 10
S ice Creek 36+00 2 48" x 40' Pi es 2 48" x 50' Pi es 10
L S ice Creek 36+00 Ri Ra - 20
S ice Creek 36+00 Dewaterin 100
1 UT 3 41+50 18" x 30' Pi 24" x 40' Pi - 10
12 UT 3 41+50 Rip Rap - 10
13 UT 4 43+50 18" x 30' Pi 24" x 40 Pi - 10
14 UT 4 43+50 Rip Rap - 10
15 Spice Creek 47+90 2 48" x 30' Pipes 2 48" x 40' Pipes - 10
16 . Spice Creek 47+90 Rip Rap - 20
17 S ice Creek 47+90 Dewaterin 90
Totals 290 200
**Note the existing pipes at station 36+00 (see photos) are perched and that the new pipes may remain
perched due to steep terrain. However, the slope of the pipe will be minimized to prevent scouring and to
facilitate faunal migration.
If you have any questions about the project or if additional information is required, please respond
promptly.
Sincerely,
&. 4
teve Roberts
Environmental Specialist
cc: John Thomas, US Army Corps of Engineers (I 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
Kevin Whittington, County Maintenance Engineer
Kipp Turner, PE, District Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Dennis Bennett, Bridge Maintenance Engineer
Office Use Only' 33 6 Form Version April 2001
ACE Action ID No. DWQ NO.
14
US
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. 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 #'s 14 and 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: (336) 903-9223 Fax Number: (336) 903-9239
E-mail Address: sdroberts(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: Steve Roberts DOT Environmental Specialist
Company Affiliation: North Carolina Department of Transportation
Mailing Address: P O Box 250, North Wilkesboro, NC 28659
Telephone Number: (336) 903-9223 Fax Number: (336) 903-9239
E-mail Address: sdrobertsna dot state nc us
Page 3 of 12
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 1157, Spice Creek Road
2. T.I.P. Project Number (NCDOT Only): 11C.095056
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Watauga Nearest Town: Rominger
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): 0+50 DD: 36.2315 °N. 81.8497 V
36+00 DD: 36.2239 °N 81.8559 °W 47+90 DD: 36.2218 °N 81.8571 0 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 5.697 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Spice Branch and UT's (Class: C). .-
9. River Basin: Watauga
(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: Grade drain, base and pave SR 1157.
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
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
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 are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.aov.
*** 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: NA
Total area of wetland impact proposed: NA
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of
Impact Average
Width of Perennial or
Site Number Type of Impact*
(linear Stream Name**
Stream Before Intermittent?
(indicate on map)
feet
Impact (please specify)
Station # 00+50 Replace Bridge 50 Spice Branch 4' P.
with pipe
Station # 10+25 Pipe Replacement 10 UT 1 to Spice Branch 2' I
Station # 27+25 Pipe Replacement 0 UT 2 to Spice Branch 2' P
Station # 36+00 Pipe Replacement 10 Spice Branch 5' P
Station # 41+50 Pipe Replacement 10 UT 3 to Spice Branch 2' I
Station # 43+50 Pipe Replacement 10 UT 4 to Spice Branch 1' I
Station # 47+90 Pipe Replacement 10 Spice Branch 4' P
100 feet
(20' at
Miscellaneous 00+50
36+00,
Spice Branch and UT's
1-5 feet
Perennial/
All of the above rip-rap placement 47+90 and to Spice Branch Intermittent
for stabilization 10 at all
other wet
pipes)
* 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, ditchingistraightening, 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.Qov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.MmNuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2001n 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 Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
00+50 Temporary Dewatering 0.009 Spice Branch Stream
36+00 Temporary Dewatering 0.012 Spice Branch Stream
47+90 Temporary Dewatering 0.008 Spice Branch 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.
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
safely construct the paved 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.
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:/Wo.enr.state.nc.us/wrp/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 (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:
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 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.
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 increase by 0.456 acres. All appropriate best management
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.
N/A
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).
11-3-6
Applicant/Agent's Signature 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: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 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: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 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: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 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: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page l l of 12
•9 245 -
' v
•
•
1243' .1•--4 ?t
?
•
o• / t
34; 20
P •\
•
S r
1 $
111;
139. 1231 h°
8 13Ji
'•} 6 '\ - O?^ -
? `
1233
t 27'1 ' ? / .
12_V
•
-'
/•. , 1223
134 BUCKE->5 KPivB , ig b •1302
a ?r e
2 7 i 3B6 13?
• / •' .... . - .
0
• 1207 nwb.I h • ?
1229`^ R . 3C.. '
i
/ r
•
/
5 ,-po;E •.
- 1218
ry
1222 1m1 t 13 •2 6 1303 a
•
1201
• m ?
? 1304 ' /
9 O
1219 •-
I -_
•
j, r
9
\
` •4 X365
-
$,, a .m"" r
1'1,:
378 1374
; \ N
O 6
1305
?
1206
1207 1208 7. sew \ 1201 - -T-
1 6
a 121 3.0 305
•
• -
/
.6
/
_ e
134
• 1233 •
1201
Ce
6 121 130
'
6
lb 71205 t 20. ,
\ 0 m 372
R ',?-•• .0 12 2 1306
Slwnron. ' , 1386
e7 1211
most.
1239 hmi4 1204
4,
1135 • A
?• .P 1213 121
.6 -.6 N -
1209
1383
12'01
\ '?'C 1201 2.1 1203 - ?. ; 1244 1306
•r' 1216 "1233 •21394 '
.1 ;7\ 1203 1306 tl(
` 2 1213 i - \• '1307
•\ 1201 ?1202 > . a \ • • \ \:. 1233 t30t8 1368 \ 1102
+ -
?,o
'b-v (
1 2 RIVER
• 1234 121 121 6
- •. cl 1212 1309 13?i 1 ?.
- • y,
,
•, 9 • 1 ;•J
237
7
1 :
-d
•
•
' J
1202
I 1312 1373 t
, 1241
h 209
1238 \ m
p
-
•
• 1 176 421
\
1128 \.S 321 1211 \ {Suaw x N 321 1, 1 1131 I ?-
36 75. r - 1125 •' 1312
n 6 ?
/. 2
1139 _ 2. t 11 •
-P 1703 . 7 •O • / de Liq? '? 1117 }: 9 1408 1313 ° 380
1 1 1 G - ' '
'
•
ICdLrnilb \
? l
Vill- 1311 '> t•3
11-15.2
•
{• "
9
en
1128
• 1156 ,! .m
;
9 Ita9 MAST \ '.1,•• 1313
GAP •.` 6rs?gi. N 1375
1125
--
1153. ?/• 11
-- r
3. 116 •8
0 N .7+165 9 94 1177 •< •7!
L-11
.3
"1142
128 \ •, 1120
•
•• 2,
1 Fy
\ i OM
``` ` r 11 1126 KNOB 1117 O 1115
Rort.np.,
O1 1123
\ S 'v
1119 .2
"
r
•' aLEV 429.5 1122/ 11131 / 1141
11
-
,
\ -.,
9
S 157
.
1116
170 ?4F) •• 1 v
p
\ ?
,
01129
•\ //??, -
'B 1113 f
?
I
BEECH
L 1 1 MOUNTAIN 1
1 '
\ P h ROCKY FACE
cq 5 t±?; P
\ POP. 267
1 PISGA-i
F . 1128 11 Vall. Ctutil 1114
1,32 11
I r
\
?.
? 1130
s -5 1160
I ¢
1127
1135
t. 1122 .112 /
1 \ (O \' •• N .
1130 a, ) I
N 1111
,
N
N
?- - ` 84 1122
. 1136
`
L,
- l?
/
1
- ` J.- '\ /•
3 `lo/ 1.2 1553
1131 1134 .•6' 1112 1181 --
- 1169 •?.j
<
-' --
- y
I 58
\ ?% ?,Ij• 1133'• FNATIONAI 1_5
1130 1131 /
v N
/
\
0
OWERS I - \ / j Shulb Ivll
Jr
GAP
,
1 134 11 /•
1
\ 131
1
/
1175
1 136
3e IlY
6
_•
t `
f
•`
1
?
. O rIANG:,yG ROCK
MTN,
ELEV. 52'8 4
1
• 1-g ?
x
1580
; -
•
16
- 1161 g ,k'. { •' .? p
. - OS 11.4 Fe.m
1659
•
? I 1660 •7
'
a,'-'?-- '? '
FOREST
r
c"t,
1
'
1i? roVOW? f? 115?- Sf, ce (_ /?crc ?? I
D
>. , .
-
•
?
L
d
I SE`/EN 0tY1LS
05 ; a POP. 132 `
r
•' r
B
' J
•
(/? •
! -
(M4 Q IN
ar
l/ t?'?
N
ty
7OLI 1561
'1 1561 • ?
10
.2 .9
221
GRANDFATHER MTN.
ELEV.5964
= ? t ``? •^ 1\f".r?^??- ? L,\.-\????t`•1 I + 15J??- ?1 /._ ? 't S rr-_- ??-- .?
?f`•1? ? ! ?? ..may ? ; ? - --?,.+`??-_?,\ \- ? ? FttT' f _ '`t\} \ r_?? J ? ? 1 ?,! \ ? '+ ? 11 ??
l 1
e_l
? ? ? ? l ! - .' 1. l' , • ? ? ? ?-?_-_ ..'lam ?? / '-' -- ? ? ' ?r -- - -
I ••- `: ? f. -- 1 !a ; ? _ ? ,j( `?.?. - ? =?._ ? ? f?-.?'1 t x,11
?' ? \; ;?+ ? ?? ?? ; ? ??` - .° __ mss' ? / ??_- ? \ `? ? - l •-'' ? ' _ ',' "I ?
1
1 I c'- 9J ? f t • ? f
U'f
- ` • a `` ;nom
y Grove
off
I "y
36+00
TTi
LY,
i?? ?? lJ I _ _ 1 ?? ) `ty ?_ 3.379
90 ?Vi
I??, 1 } 1') - -1f? _? 47+90
I _j
???••? ? ??`?•ti ? ?'? ? :`?1y -? J J ! '`. '.\ \; f 1111 ` 5? h.
1998,
\orth Carolina Department of Transportation
Erosion and Sedimentation Control an
. .. - s ?;?c creek Project Road: Road:?R Count: fi? 7G(> ?_
Prepared b-: 1 M Date:
Approved by- Date:
9 -30-03
_ -. _ , County aanccEntincs • _ ...• _
.
:.. Date:
District Engneer
- Date:
Rmd-side Environmental Engineer
Std- f Description Svmbol
1630-03 Temporary Silt Ditch T S D
1630.05 Temporary Diversion , T D -
1605.01 Teinpora*y Silt Pence + + , +++ „+
1622.01 Temporary Slope Drain
1630.01 Silt Basin Type-.-A-
16.30.02 Silt Basin Type -B
1633.01 Temporary Rock SDt Check Type
-!?
16333.02 Temporary Rock Silt Check Type-B
1634.01 Temporary Rock; Sediment Dam Twe-e
16.34.02 Tempom,-,y Roc' k. Sediment Dam Type-B
1435.01 Rock Pipe Inlet Sediment Trap T1pe _A .,: %» ??????
163-SM Rock Pipe Inlet Sediment Trap Type-?
- ''`' r
B
1636.01 Rock Silt Screen . -
- 1630.01 Stilling Basin r=
Rock Inlet Sediment Trap:
1632.01 Type .4
-A L?J
or A)
1
632.02 Tape a r
$ 1 . or D
1632.03 Type-C CET or C)
868.01 Rip Rap ? ? 1 \ 1 1 1
Pipe Outlet 1--:n--gyDisipnto
Ditch Liner
Pipe Outlet or Inlet Srabiiizz on D
COTE: Silt Basin Tlpe B: 3's3'by 6' long unless otherwise noted by Engineer
y
f
GENERAL NOTES ON EROSION CONTROL
Silt Basin Type B's will be constructed to the dimension of six feet by three-
feet by three feet unless otherwise noted on the plans.
Where slope protection treatment is required, Section 868 and Section 1042 of
the 1990 Standard Specifications for Roads and Structures will be followed.
.Any material obtained from the project must be clean before being placed.
Generally, the order of installation of the erosion control measures will be as
follows:
Temporary Silt Basins shall be installed before clearing and
grubbing begins.
Silt Fences and Temporary Silt Ditches shall be installed after
clearing and before grading.
Temporary Stone Ditch Checks shall be installed as soon as
ditchhne is established.
Pipe Outlet and Inlet Protection will be done as soon as the pipe
is installed.
Seeding and other permanent erosion control measures are to be
implemented as soon as practical-
r
l PIPE INSTALLATION
1. Install erosion control devices. In streams, where necessary, rock silt
screens will be used and installed prior to pipe replacement or any
work being done to channel.
2. Remove material and existing pipe while limiting, as much as
possible, material and sediment from entering a stream and/or
escaping from project.
3. Prepare pipe foundation while again taking care to limit, as much as
possible, material and sediment from entering a stream and/or
escaping from project. Where possible, new grade will be below
existing stream bed. If needed, bedding material will be clean stone.
4. Place the new pipe and compact backfill-
5. Install slope protection on outlet and inlet ends of pipe. Also
complete installation of erosion control measures and perform
maintenance as needed on existing measure.
6. Establish permanent vegetation as soon as possible.
7. Remove rock silt screens as soon as possible after vegetation is
established. Prior to removal of rock silt screens any accumulated silt
must be removed.
M
v
i ?
W
? ? 3 O
W C7
v 3 W
Lai
Q
CL
Y m ?
t: W a `
C7
Of-r
WWa-
F- Z ?
0.
Z-?
?U
r F- W
fO j
WW
2Lr)
0::D LD
Z
II Z F-
Z= x
OF- W
F-
OU) Q
WU) W N
F-W Or X
OJ('t'7
UU) (n x
Cf) W W Cr
Wc?
a-LD
F-
L
Q
LO
(n (')
W CT`
J
Q O
U
U) N
W (\j
O N
O
O
c?
>- O?:
00
?m
+25
to
n
@
O
F-
@
@
tc
w
Z
O
t-
N
W
J
LL
W
Z
O
F
N
cr
w
J
LL
v
Ala
u_ 6'
W ?t
O ---a
?o
CO
?+25
? W
W
Z
O
I-
N
cr W
W Z
? O
J ~
N
W
W
F-
J
LL
F-
U)
Q
LO
U)
W 6-
J
? m
Q O
2
U
-------- - fi ----------w - ------ ------- --Imp -amllw,
----- --------
J
Q ------------------------------ --------------------------------
Y
M
w o0
?
O o
? N
U C-0
O LD
N F--?
Q O
W O m
N
t!7
n
m
a'
O
m
LO
(!l N
W N
O N
O ?
2
('7
>- c
00
m m
w
Z
O
F
N
to
v ?
W
m F
t!'1 J
+
n LL
O
F
m
m
+
Q
MATH -LINE
v v
A
W
Z
Z O
tFl?
O
N cr
W
cr
W F
J
J
F
'
ti
MAT • N
U_ 6-
?r-0
F- ?
W ?
00 O
? m
rr
0
W
LL,
3i
w?
U N
0
O LD ^
0C
N m
U CD t+
O LD c
O
Q O
O co
s
't
ML
4v
}
0
4'1
c~
MATCH N
r r
r r U)
Q?
J
?
J
w
r ? ZC
Q
® W
Z
O
W
J
ti
W +40
Z
O
f-
N
W =
J ? C
? ® ? CC
W
m ?
CC
MAT H N
D
r
I
r
y
D
rr
O
J N ,
O > W
z
? N E-
LLJ tn
Q
W cr
W
W J m
W Q ?
LL.
Ln O ls+nn nn
ai.
N
a
0
LU
O
@
W
O CD
Q ?
H
z
O ?
(f) r?-
W O
Q CO
W
z
O
N
W
F
J
LL
LL)
z
0
t-
M
W
H
J
LO
Ln
v Li
n
O -
Lt7
+20
1? L?1? MAT
Q
J
CL
® a
~ N
i
d-
? ?t
Q
J D?
-10 3
W
LD
Q
CD
0- rr
?
W O m m
rr
+2. ?? ? ??
0
un
W
tai
t?l
23f0?Q?0i0
O
-J N
Q?
~ N
W
LLJ
-I m
W p
O
w
z
0
oc
w
J
LL.
J
w
z
0
F-
N
w
J
LL.
F-
U) N
Q r--
2:7
i
?t
?Q ?
J ?
J O
~-? co
3
e_j
as
ti
W
N
JOE HICKS
DB 228-784
19
C*r
O N
J ?
Q
N 4
c
LJ
LL]
Jm
F'
v
L1J O
LL
O `
LL
MAT
ATAUGA
BOR
+651 1
+65
U
O
H
W
3
Lli
Z
O
N
W F
? C
J <
LL
F
C
L
C
® zZ
O
N
W
H
J
® ti
¦
COUNTY LAND CORP.
657-126
W
? N
L LD
L
i
?00
J
- m
M
O T C)
Q
N
C7
U O
F- r' i 4
W F- m
0 O o
N
v=, O m W
oom 1--
J
W- LL
LESLIE MCDANIEL
BOR 617-361
W
Z
O
N
Ix
W
J
LL
mot'
?CO
U
2 CO
N
W N
O in
'-3 O
W
Z
O
E-
N
W
f-
J
LL
T.
?,
4
00
3G!)
W
F
J
LL
m?
w?
J
L7 i
Z O
3 LO
v
wm
u 00
Om
w
w
3
2
u
0
H
a.
cr-
O
U
O
Z
Q (D
N
?
? -i
} n
A F-
QDD
C ::D
v 0 c
_ U 0
L m
Q
C7
= Q
H-
0 3
1 •
O
ti
W
Lei
tnz
W
Z
`O
r
N
W
J
w
0
>- I
LLJ m
= CD
N
CD
Z
u 00
H ?
F- Ir w
00 ~
U M J
W LL
?- F --- ?
W
Z
O
N
Q
W
J
LL
t
34+QOd0
Q-
W
Z
`O
r
N
m
w Lo
J
O
J ?
3 0
N
Nr
(r
O
W
Y m
j
e
w I?
?
O @
~
N W
CC)
U
(" 7
Ix ?
W c r-
H ?
J
LL m O
/ cim
e
W
J ?
O LIB
Z m
3 LC)
= LLI
u ?m
° 0 00
m
LLI
W
3
0
01 X Lo
O 0-
LL N
W W r-
Z
r
W
O
?
W
M
J
i a:
W @
Q N
C7 i
U 00
M
00
m
U
U)
44+00.00 MAT N?
x
w
z
w
?
N
LLI 6
z
a N
x 0
w c) 07
Q- w J W
43+00.00
? (.C
o 1
x
s ??
c:
U
Cr W
I
a
w x
X
+15 _ +15
42+W M
U
H
a
3
w
O
N I Z
?
? N
J cr.
w
LL.
® F-
J U)
w
J @
3 co
N
Er
Er rr
@
W
ED
Y
40 m
r r
MAT N
? 4
- +95
W
t?
O CO
W C\j w p-
CC o0 X O co
rN tDcn
0
Q m c: i
W N
~
m0 v
O X
I m
w
49+00M MATCH
W
:D
M
M
Q
W ?
N
J ?
cD
W
ZO OC jr
Ir O
LLJ N 30 ? ?
Z
CL N
Q in
in
Q'-o
O
Z m
c
w
u
U)
Q W
. O
F. O
-
-- - + cn cr cM
a
ir
W = cc
E- u O
?
J
?
co
J
J
O
N j
W if
(f) O cr O
i W M
C
0 ll
-
CL
Q
W O
W
W m
J
e-i 45 +QQnQ +00 `
W
Z --c
W
O
IM
I
44+0000
x?
O 6-
?- N
+47
F- ?
Q?
w 0-
W N
W O
m
1
O
.?
v 7
I ^ ,V-
U) ')
` U
/` 4 J
V4
Hy ,?^
2 A
W
O cc
O
co
J
W
Z 6t
W N
0-- OD
a N
Q m
O
Z
95?
w p,
Z) cY)
C7 (Y)
Q
W N
h- CO
v
?m
cr O
wm
m m o?? Q
O e a
I
M m 'p
r n C)
.4
oo ?
A
m m
?' o r a m
m ' m'n > t0
z
a,
a I o? e. e
2 ao
m ..?
'. jR ^ V
w 0
ZE D
x .?.
o SID
1
o cn
? 4 N 9
i
w m
0 3 m
o iv
m
r 4 Z Fri
m
a
? O
o
z ?
m
' m
N
r
v
x
V
}
t 1 x
I !? lA
I ! ?
i
'?
?Z I I
I !
m
W I I
8
m
Z Z 199
-W OO
?a
On
m
z° V
ZZ
Xm
Dh
ro
Z
O
Z00z ZOIElsiQ EN009 MON VUSSMZ9 YVd 0£:Si COOZ/LZ/OT
?o
b C A
b M ~
b
wt N
0 ? N
eo
? a
b
o
?i
eo 0
«, b
0
r?
y?
a
y?
Oa
m
D
m
r
D ?
m
N
c
m ?
n
m
i
--? I I
?
m I I
r I I
? I I
< I I
? I
I
I
I
O I
O
00
000
----------
I 0
I 8
----
I
::I
---------
?O
O 0
?O- 20 -
0
I
I
• I
I I
I
I
I
I
i I
I
i
y C
O ?
a
n
D
r
cc
0
to
N
O
W
0
w
CA
N
-iI,MIICE LO-L
CA (fl w -i
o in cn
c a - -
r 0
0 o C!)
m w j -n
m co
O co
m D o
D -1 w cn
H m D
m -0
ao al r
D D r-
> to z D
r m -t z
-i
0 ic
C X H
? X
Cl)
m
W
N
"O
C'I
D o
r ..
to
N to
rn n
0
z
Oft
A
tit
m
70
Ct
0
x
a
-c
z
o ?
m p
L
a m
< n
m -?
3 .?
M
z a'
CO
v
a ,.
x
Z
N
C7
1
O c
= co e
O ? (
.D O
CA
a me
z
m
N
C)
O
C
Z
D
C
O
D
F W rE Michael F. Easley, Governor
`QUO ?QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
> rl Coleen H. Sullins, Deputy Director
p Division of Water Quality
December 18, 2003
Watauga County
DWQ Project No. 031436
SR 1157 (Spice Creek Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250 ?T LANDS 401 GROUP
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn: DEC 3 2003
You have our approval, in accordance with the attached conditions and those listed below,?Ui impact 200
linear feet and temporarily impact 290 linear feet of Spice Branch and four (4) of its unnamed tributaries (100 feet of
new pipe, 100 feet of riprap and temporary dewatering 290 linear feet) in order to improve SR 1157 (Spice Creek
Road) in Watauga County. The project must be constructed in accordance with your application dated November 3,
2003 (received November 13, 2003), including the environmental commitments made in the application letter. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404
and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition,
you must acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below)., Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or 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.
Erosion and sediment cpntrol 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
water standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
585 Waughton Street Winston-Salem, NC 27107 Telephone: 336/771-4600 Fax: 336/771-4633 Customer Service: 1-877/623-6748
t ?
Mr. Mike Pettyjohn, P.E.
December 18, 2003
Page Two
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
4. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long-term erosion control. NCDOT is encouraged to use onfite vegetation and
materials for streambank stabilization when practicable.
5. Because of possible impacts to downstream trout waters, in-stream work and land disturbance within the 25-foot
wide buffer zone are prohibited during the rainbow trout spawning season of January 1, through April 15, to
protect the egg and fry stages of trout from offsite sedimentation during construction.
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. The existing pipe at Sta. 36+00 will be replaced but will remain perched due to steep slope conditions.
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 streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow.
9. Where fish passage is present or where significant aquatic life may be present upstream (and where practicable),
culverts should be oversized and buried to prevent perched culverts. If oversized piping cannot restore aquatic life
passage by reconnecting the stream ecosystem, riprap installation should be accomplished in a manner to provide
or restore water channels downstream to help facilitate aquatic life movement.
10. Where practicable, culverts that are 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.
11. 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 stream depth. 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 chance 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. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
18. All work shall be performed during low flow conditions.
Mr. Mike Pettyj ohn, P.E.
December 18, 2003
Page Three
19. 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.
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,
wq ?Z' P-dj?
0 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
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 27, 2004
Watauga County.
DWQ Project No. 031436
SR 1157 (Spice Creek Road)
MODIFICATION to APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
T(1 /401 GROUP
MAR 9 2004
You have our approval, in accordance with the attached conditions and those listed below, to incur the following
impacts in order to improve NCSR 1157 (Spice Creek Road) in Watauga County:
• 60 linear feet of new stream piping impacts (10 linear. feet at each site);
• 200 linear feet of piping impacts and temporary impacts to 290 linear feet of stream, previously authorized, to
Spice Branch and four (4) of its unnamed tributaries (100 feet of. new pipe, 100 feet of riprap and temporary
dewatering 290 linear feet).
The project must be constructed in accordance with your original application dated November 3, 2003 (received
November 13, 2003) and the new application dated January 16, 2004, (received January 21, 2004), including the
environmental commitments made in the application letters.
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 he valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
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
water 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 %;ontrol 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: 336/771-4600 Fax: 3361771-4633 Customer Service: 1-877/623-6748
14
Mr. Mike Petty-john, P.E.
February 27, 2004
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. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
4. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long-term erosion control. NCDOT is encouraged to use onsite vegetation and
materials for streambank stabilization when practicable.
5. Because of possible impacts to downstream trout waters, in-stream work and land disturbance within the 25-foot
wide buffer zone are prohibited during the rainbow trout spawning season of January 1, through April 15, to
protect the egg and fry stages of trout from offsite sedimentation during construction.
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. The existing pipe at Sta. 36+00 will be replaced but will remain perched due to steep slope conditions.
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 streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow.
9. Where fish passage is present or where significant aquatic life may be present upstream (and where practicable),
culverts should be oversized and buried to prevent perched culverts. If oversized piping cannot restore aquatic life
passage by reconnecting the stream ecosystem, riprap installation should be accomplished in a manner to provide
or restore water channels downstream to help facilitate aquatic life movement.
10. Where practicable, culverts that are 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.
11. 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 stream depth. 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 chance 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.
Mr. Mike Pettyjohn, P.E.
February 27, 2004
Page Three
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. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions
can be provided.
18. All work shall be performed during low flow conditions.
19. 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.
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,
X,Z?Z
1-2 ?
f--Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
Wetlands/401 Unit
Winston Salem Regional Office
Mike Parker, NCDWQ Asheville Regional Office
Central Files
4
031431 Apo
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 276 1 1-5202 LYNDO TIPPETT
GOVERNOR PHONE: 919-733-2520 SECRETARY
January 16, 2004
Mr. John Thomas
U. S. Army Corps of Engineers
}f?,? w `ice :
Raleigh Regulatory Field Office}??
6508 Falls of the Neuse Rd, Suite 120
Raleigh, NC 27615,
Subject: Permit modification for: SR 1157 (Spice Creek Rd)
Watauga County, North Carolina
DOT Project #: 11C.095056 Permit Fee ($475.00 )
DWQ Project #: 031436
Action ID #'s: 200420161 and 200420162
Dear Mr. Thomas:
The purpose of this letter is to notify you of the fact that permit modifications are necessary for the SR 1157 (Spice
Creek Rd) project in Watauga County. The PCN was submitted on November 3, 2003, the USACE Permit
Verification is dated November 28, 2003 and the DWQ 401 Certification is dated December 18, 2003. Copies of
each of these documents have been attached along with a second Preconstruction Notification Form (PCN). Note
the slopes are relatively long and steep in certain areas along this roadway. In an effort to minimize impacts to
channels, DOT surveyors underestimated the length of six (6) proposed pipes. The method for estimating pipe
length in such areas has been addressed to prevent similar complications in the future. In this case, the error was
discovered by the project engineer, prior to construction. Therefore, we are requesting that you respond to the
attached PCN and confirm that the proposed modifications are permitted under the Nationwide Permitting system.
Station
# Type of
Impact NW
# Existing
Pipe Previous
Permitted
Pipe
Length Current
Proposed
Pipe Channel ID Additional
Piping Impact
(ft.)
10+50 Pie 14 24"00' 36"x40' 36"x50' UTl Spice Creek 10
27+25 Pipe 14 18"x40' 24"x40' 24"x50' UT 2 Spice Creek 10
36+00 Pi 14 (2 48"x40' 2)48"x50' (2 48"x60' Spice Creek 10
41+50 Pie 14 18"00' 24"x40' 24"x50' UT 3 Spice Creek 10
43+50 Pipe 14 18"00' 24"x40' 24"x50' UT 4 Spice Creek 10
47+90 Pipe 14 (2)48"x30' (2)48"x40' (2)48"x50' Spice Creek 10
Total 60
Note, although dewatering has been permitted and will occur at stations 36+00 and 47+90, additional dewatering
impact is not necessary.
The proposed environmental impacts have been minimized to the maximum practical extent allowed by roadway
safety standards. By implementing the NC-DOT Best Management Practices (BMP's) during construction, the
P. O. Box 250, N. WILKESBORO, NC 28659
PHONE (336) 667-9111 FAX (336) 667-4549
i r,
i Mr. John Thomas
SR 1157 (Spice Creek Rd)
Page 2
January 16, 2004
potential impacts associated with adverse weather will also be minimized. Furthermore, the completed project will
certainly reduce sedimentation currently caused by gravel road run-off and ditch maintenance.
Seven (7) copies of this letter and PCN have been forwarded to Cynthia Van Der Wiele of the NC DENR, Division
of Water Quality for her review, and one (1) copy has been forwarded to Ron Linville of the NC Wildlife Resource
Commission. It is requested that their responses be mailed to our offices concurrently.
If you have any questions about the project, please contact me at (336) 903 9223, or by email at
(SDRoberts@ dot.state.n c.us).
Sincerely,
teve Roberts
KEnvironmental Specialist
Cc:
John Thomas, US Army Corps of Engineers (2 copies)
Cynthia Van Der Wiele, Division of Water Quality (Raleigh) (7 copies)
Mike Parker, Division of Water Quality (Asheville) (Courier)
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Kevin Whittington, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Ron Linville, Wildlife Resources Commission
Dennis Bennett, Bridge Maintenance Engineer
OF VV n I 4F, uunaci r. caaicy, ouvwnor
\O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
( r Alan W. Klimek, P.E. Director
> Coleen H. Sullins, Deputy Director
0 Division of Water Quality
December 18, 2003
Watauga County
DWQ Project No. 031436
SR 1157 (Spice Creek Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 200
linear feet and temporarily impact 290 linear feet of Spice Branch and four (4) of its unnamed tributaries (100 feet of
new pipe, 100 feet of riprap and temporary dewatering 290 linear feet) in order to improve SR 1157 (Spice Creek
Road) in Watauga County. The project must be constructed in accordance with your application dated November 3,
2003 (received November 13, 2003), including the environmental commitments made in the application letter. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404
and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition,
you must acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or 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. 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
water 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 lYlanual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Po:lution Control Act.
585 Waughton Street Winston-Salem, NC 27107 Telephone: 336/771-4600 Fax: 336/771-4633 Customer Service: 1-877/623-6748
Mr. Mike Pettyjohn, P.E.
December 18, 2003
Page Three
19. 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.
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, I
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
I .
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200420161 & 200420162 County Watauga
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent: NCDOT/SR 1157 (Spice Creek Road)/11C.095056
Address: Attn: Mr. R.C.McCann, P.E., Division Engineer
Post Office Box 250
North Wilkesboro, North Carolina 28659
Telephone No.: (336) 903-9236
Size and Location of project (waterway, road name/number, town, etc.): SR 1157 (Spice
Creek Road) located south of the intersection with SR 1123, west of Rominger, in Watauga
County, North Carolina. The project is located adjacent to Spice Creek.
Description of Activity
Mechanized landclearing, excavation and filling activities associated with the replacement of
existing bridge #296 at station 00+50 with two lines of 50'x1 17"x79" CMPA, existing 30'x 24"
CMP at station 10+50 with a 40'x 36" CMP, existing 40'x 18" CMP at station 27+25 with a
40'x 24" CMP, existing two lines of 40'x 48" CMP at station 36+00 with two lines of 50'x 48"
CMP, existing 30'x 18" CMP at station 41+50 with a 40'x24" CMP, existing 30'x18" CMP at
station 43+50 with a 40'x24" CMP, and existing two lines of 30'x48" CMP at station 47+90
with two lines of 40'x48" CMP associated with secondary road improvements from an unpaved
surface to a paved surface. The project will permanently impact 100 linear feet of previously
unimpacted stream channel, temporarily impact 290 linear feet of stream channel (at stations
00+50, 36+00, and 47+90) during cofferdam construction and dewatering and 100 linear feet of
stream bank through the placement of rip rap for bank stabilization and energy dissipation.
CONDITION: All recommendations in the attached letter, from the North Carolina Wildlife
Resources Commission dated November 7, 2003, are hereby incorporated as special conditions
of this permit.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
14 & 33 Nationwide General Permits.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal, State, or
local approvals/permits. The permittee may need to contact appropriate State and local agencies
before beginning work. By signature below, the pe itt certifies an u erstanding d
acceptance of all terms and conditions of this perm' .
Regulatory Project Manager Signature- - If
Date November 28, 2003 Expiratio ate November 28, 2005
SURVEY PLATS, FIELD SKETCH, WETL DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Permit Number: 200420161 & 200420162
Name of Permittee: NCDOT/SR 1157 (Spice Creek Road)/11 C.095056, secondary road
upgrade
Issuance: 11/28/03
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
RALEIGH REGULATORY FIELD OFFICE
6508 FALLS OF NEUSE ROAD, SUITE 120
RALEIGH, NORTH CAROLINA 27615
Please note that your permitted activity is subject to a compliance inspection by an U.S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee
?f +
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: John Thomas, USACOE 1
17
aleigh RegulatoryField Office`''''
R
lop
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: November 7, 2003
SUBJECT: North Carolina Department of Transportation (NCDOT), SRI 157, Spice
Creek Road, Spice Branch and Unnamed Tributaries, Watauga County
NCDOT proposes to grade, drain, base, and pave SRI 157. 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).
The project will replace six (6) wet cross lines plus replace Bridge No. 296 with a double
barrel culvert structure. Temporary dewatering will be necessary for installations at
stations 0+50, 36+00 and 47+90. Miscellaneous riprap impacts will total 140 linear feet.
New permanent stream impacts will be 200 linear feet. NCDOT has reviewed the project
for federally listed species. Their findings indicate that no federally listed species will be
affected.
While our preference would be to replace bridges with another spanning structure, we
will not object to the use of the dual pipes and the proposed pipe replacements provided
the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the rainbow trout spawning season of January 1 through
April 15 to protect the egg and fry stages of trout.
2. Culverts 48" diameter or larger should be buried a foot into the streambed.
Culverts less than 48" 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. Where practicable, waters must
Mailing Address: Division of Inland fisheries • 1721 Mail Service Center • Raleigh, NC 2 7699-1 72 1
Telephone: NIO.- 7))- V,)) cm. 21%'1 ' Pa%: (919) 71i-76-{j
SRI 157, Spice Creek Road 2 November 7, 2003
flow through without freefalling or damming on either end during low flow
conditions to maintain aquatic life and/or fish passage. f It is our
understanding that this may not be possible, at station 36+00.}
3. The use of riprap should be minimized. To the extent practicable, any riprap
used must not interfere with aquatic life movement during low flows.
4. The dimension, pattern, and profile of perennial streams above and below the
pipes 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.
5. Where dual barrels are installed, one barrel should receive base flow while the
second barrel should be designed and installed to receive only stormwater
flow. The second barrel should be placed on floodplain bench elevation and
,reconnected to floodplain benches instead of being silled. This practice
should enhance stormwater conveyance and avoid noxious waters *and/or
mosquito breeding conditions.
6. Temporary dewatering sites must be restored to preexisting conditions unless
more natural geomorphic conditions can be provided.
7. 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.
8. 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.
9. Stringent erosion control measures should be installed where soil is disturbed
and maintained until project completion.
10. Temporary or permanent native herbaceous vegetation should be planted on
all bare soil within five (5) days of ground disturbing activities in the twenty-
five (25) foot trout buffer to provide long-term erosion control. We encourage
NCDOT to utilize onsite vegetation and materials for streambank stabilization
when practicable.
We continue to be concerned that only federal listed species are being reviewed and
indicated in NCDOT 404 applications. State listed species should also be evaluated as
the Clean Water Act indicates that existing uses are to be maintained. Any assistance that
can be provided by NCDOT would be helpful and appreciated.
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
Mike Parker, DWQ
Marla Chambers, WRC
Heath Slaughter, DOT
Marella Buncick, USFWS
Becky Fox, EPA
r
Office Use Only: Form Version April 2001
3 /1(36
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.
I. 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
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: (336) 903-9223 Fax Number: (336) 903-9239
E-mail Address: sdroberts@-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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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
Page 3 of 11
r
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 1157 Spice Creek Rd.
2. T.I.P. Project Number or State Project Number (NCDOT Only): 11C.095056
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Watauga Nearest Town: Rominger
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached Site Vicinity map.
5. Site coordinates, if available (UTM or Lat/Long):
0+50 DD: 36.2315 °N 81.8497 0 W
47+90 DD: 36.2218 °N 81.8571 °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 / Agriculture
7. Property size (acres): Approximately 5.697 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Spice Branch (Class: C)
9. River Basin: Watauga
(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: Grade drain base and pave.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, dump
trucks and motor grader.
12. Describe the land use in the vicinity of this project: Residential/Farm
Page 4 of 11
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.
Refer to cover letter for the information requested above
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:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
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***
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at I-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
Page 5 of 11
r
List the total acreage (estimated) of existing wetlands on the property: NA
Total area of wetland impact proposed: NA ,
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Width of
Perennial or
Site Number Type of Impact* Impact
(linear Stream Name** Stream Before Intermittent?
(indicate on map)
feet) Impact (please specify)
feet
Station # 10+50 Pipe Replacement 10 UTl Spice Creek 2 Intermittent
Station # 27+25 Pipe Replacement 10 UT 2 Spice Creek 2 Perennial
Station # 36+00 Pipe Replacement 10 Spice Creek 5 Perennial
Station # 41+50 Pipe Replacement 10 UT 3 Spice Creek 2 Intermittent
Station # 43+50 Pipe Replacement 10 UT 4 Spice Creek 1 Intermittent
Station # 47+90 Pipe Replacement 10 Spice Creek 4 Perennial
Refer to the cover letter for a more detailed outline of the proposed impacts.
* 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 losstgain),
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.usQs.¢ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapduest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60 In. ft..
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
Type of Impact* Area of
Impact Name of Waterbody Type of Waterbody
(lake, pond, estuary, sound,
indicate on ma acres (if applicable) bay, ocean, etc.
NA
* List each impact separately and identify temporary impacts. impacts include, out are not nrmtea to: nn, exurvauv,,, weug,,,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.):
Page 6 of 11
Size of watershed draining to pond:
VII.
Impact Justification (Avoidance and Minimization)
Expected pond surface area:
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 The replacement pipe lengths will be the minimum needed to safely
construct the widened roadway.
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/strrngide: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,
Page 7 of 11
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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 ht!p://h2o.enr.state.nc.ustwm/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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No M.
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
Page 8 of 11
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.
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; Gone l 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 increase by 0.42 acres 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
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Page 9 of 11
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
-I6-0
Applicant/Agent's Signature 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: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 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: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 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: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 10 of 11
f-Z
- 1t?` 1?? ??/yr?'? fit` t k??J'? ! I ? 4• ? ? - -1^ - _J i` ?? `-"' 1 ?r v -' 1? ?`.? ?_ ?l ?'
?- + '_. /?i •?? +- 41'4 ,???' ?', { ?? \\` J '` ? ?l - \? ?\? ?? r..' ?f?yl
INV
` - ?ti fir- Z? ._ - - ? ?.. _' f r° ` ? ? ? I ? •' 1 • ' i? --_-
u'
? ~_ ?`? ? - ' - \ ' \ • ? ???? 11 - ? • f!/r- Jr??r' ?`_- i. l I ' _,!+_ •?11. ?rJ? 1 +' I ? ? ?r.
(? - - 1541 t t! / i r 1 •? ` , 1? it 1 +
`
P*mey Grove -Ch A y-'-
o
SR 1157 `,
- +'• ti;',? 1` i t
? - -, ??', i' `1? .' tit J" 4 - ' ? • ` '' , ,5 ` '
o\ 1,
Vi,
,??\? -1 I =
Wes`
'ROMI
r ti \\ _ I
iv FH -1
- ?l' f• -_ -?`?-? 1\ S.G,? - L,'J 1k1(?` till `'``'1 k -379 ?\l,4•-
- ? , • '? ? 9 r * ' ??ice/t? Jrr i - ?_?,y'4 `?? ?- -??'- - --
-? 4 TOM. s Knoh
p•, r• r
:?? __' I I 1 _ l.- -y. • ?-fir ?' ! 1) % ?? : ? - t .? ?` \ / -,? ? I l + `\ eil
,`'1 \?`?`? -- ?$-a?-???1 ? •' - +1t ' i (?i r !,??. J l I I ,??; ,? ` '}4, ? _ ' p ,?,- ?+•
?, - fl'-1 _ _ l"`4 ? =\??4 ?``t ?"hC??GfTi ?!•?? rF J r' .%f. 11, ?'?, f.
j I,/
,
A
%' .?% ? 3t r `\?\oG - `'-,? -(? tJ----? ? ,,,,;? ,k,. r • .?- __-,, 41, 4,`ir -. '!
,
?? `-•.-- ,1'?`? , i
NVk-
1$eech`'M r?taiJJ'C1r;
•'??:\yr` - _ - - "_'" ?' a yam'` F'\? ? ?r ? l? - ,,' y?,• ?1 ? , ' -
~?S ?? •`^L\ L '? ' ? ? i? ' I r' ..---^?J?.4`??•-+ '; ??-,'^{-? ?`-` ?? r.. 9 ? : _ . ~., 1 ,1 ? ?l,Y ? '' ,? ? l .
copyngnt ((;) 199b, maptecn, Inc.
031436
031436
Top: Perched pipe outlets at station 36+00 on SR 1157, Spice Creek Road, Watauga.
Bottom: Outlet view of pipes at station 47+90 on SR 1157, Spice Creek Road, Watauga.
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: Steve Tedder
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT - SR 1157 County WATAUGA
Project Number 03 1436 County2
Recvd From DOT Region Asheville
Received Date 11113103 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 O YO N F__ 8-17-2 F C F__ 40,201. ? 490.00 140.00 60.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y 6 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? p Y 0 N Recommendation: Q Issue * Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 36.2315 Longitude (ddmmss) 81.8497
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name NCDOT SR 1157
Project Number 03 1436
Recvd From DOT
Received Date 11113103 Recvd By Region
Project Type pave road
County WATAUGA
County2
Region Winston-Salem
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 FT -@N F- 8-17-2 F _cF_-?0 71. F 200.00 140.00 60.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 36.2315 Longitude (ddmmss) 81.8497
Comments:
DOT is proposing to grade, widen and pave NCSR 1157. There is ?ronose I to be 200 linear feet of
new impacts consisting of 100 linear feet of new pipe and 100 linear feet of rig rap. Fifty feet of new
nioplace an existing bridge. Also, there will be temporary _impacts totaling 290 linear feet due
to temporary dewatering during nine ins tallatatiion.
It is recommended that WO Certification Nos. 3404 and 3366 be issued.
T?liart was issued. on Dgmber 18, 2003,
cc: Regional Office
Central Office Page Number 1