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STATE of NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DNISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
Apri125, 2007
Mr. John Hennessy O 7 ® 7
401/Transportation Permitting Unit '" O
1650 Mail Service Center
Raleigh, N.C. 27699-1650
SUBJECT: Pipe Replacement on SR 1809 (Love Road), Catawba County
Dear Mr. Hennessy:
The North Carolina Department of Transportation proposes to replace a 50.foot, 60" pipe on SR
1809 (Love Road) in Catawba County with a 50.foot, 72" CMP with inlet and outlet headwalls
and associated riprap for structure stabilization. The stream dimensions immediately downstream
of the existing pipe is overwidened; therefore, a ~30-foot rock-faced bench will be constructed at
the new pipe outlet to restructure the channel to "normal" channel dimensions. The pipe will be
buried one foot below existing streambed elevation base upon the enclosed thalweg profile.
Temporary cofferdams and bypass pumping will be used for stream management during
construction. Upon project completion, the area impacted by the temporary cofferdams will be
returned to pre-project conditions and seeded and stabilized. The total scope of the work will
result in 35 feet of permanent rock impacts (from structure stabilization and rock-faced bench) to
an unnamed tributary to Hagan Fork Creek, which is classified as a WS-1V watershed by the
Division of Water Quality.
The project is not located within '/z mile of any critical watershed area nor is SR l 809 a rural or
urban arterial; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill
basin checklist.
This office has conducted a GIS and field survey for the project for historical sites and
threatened/endangered species sites. No sites listed on the National Register of Historic Places
are located in the vicinity of the project nor did there appear to be any eligible structures. The
federally listed species for Catawba County (USFWS listed dated March 8, 2006) include the
dwarf-flowered heartleaf (Hexastylis nan~ora).
SR 1809, Love Road
Page 2
Apri125, 2007
Natural Heritage Program records document the nearest dwarf-flowered heartleaf location
approximately 1.0 mile east of the proposed project area. The heartleaf is usually found on dry to
moist ravine slopes (usually north facing and of the oak-hickory-pine forest type) and in boggy
areas near springheads. There is minimal habitat within the proposed project area and no species
were observed. NCDOT is recommending a finding of "no effect" for T&E species and historical
structures.
I have enclosed apre-construction notification for a NW#14, sketches of planned activities, and
location maps relative to the project.
Project information for the 401 Automated Payment Procedure is as follows:
• Work order number: 150463-55120005-12B.201811-3855
• TIP #: NA
• Project Category: $200.00 Fee
If you have any questions or concerns, please feel free to contact me at (704) 480-9044. Thank
you for your time and consideration to this matter
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
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Trish Simon
Division 12 Environmental Supervisor
Enclosures
Cc: Polly Lespinasse, DWQ, Mooresville Regional Office
Ron Linville, Wildlife Resources Commission (Courtesy Copy)
Office Use Only: Form Version March 05
20070750
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #14 (WQC#3404)
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: Mike Holder, N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby, North Carolina 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent/Consultant 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: Trish Simon
Company Affiliation: N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby, North Carolina 28151
Telephone Number: 704-480-9044 Fax Number: 704-480-5401
E-mail Address: tsimon(a~dot.state.nc.us
Page 1 of 8
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: Pipe Replacement, Love Road (SR 1809)
2. T.LP. Project Number or State Project Number (NCDOT Only): 12B.201811
3. Property Identification Number (Tax PIN):
4. Location
County: Catawba Nearest Town: Newton
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Newton, east on
Hwy 10, turn right onto SR 1810; turn right onto Love Road (SR 1809) and proceed ~1 mile
t~ site_
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°40' 17"°N 81 °07' 19"°W
6. Property size (acres): < 0.10 acres
7. Name of nearest receiving body of water: Unnamed tributary to Hagan Fork Creek, WS-IV
Watershed (from Catawba County SR 1806 to McLin Creek).
8. River Basin: Catawba
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing Conditions-ape on paved secondary road. General
Land Use- wooded, residential.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used_
Replacement of a 60" 50-foot ape with a 72", 50-foot CMP with inlet and outlet headwall.
Class II riprap will be utilized at the inlet and outlet for structure stabilization. Rock-faced
bench will be constructed on the downstream side to reconstruct this currently overwidened
section of channel to "normal" channel dimensions. Typical heavy equipment (trackhoe,
backhoe etc.) will be used for the construction of this project.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to replace
a deteriorating_nipe for the safety of the travelling_public.
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.NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated at this site.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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. Provide a written description of the proposed impacts: Minor impacts from rock-faced
bench construction and riprap structure stabilization.
Page 3 of 8
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin .
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no (linear feet
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acrea e, multiply len h X width, then divide b 43,560.
Stream Impact
Stream
Perennial or Average Stream Impact Area of
Number Name Type of Impact Intermittent? Width Before Length Impact
(indicate on ma Im act linear feet) (acres
UT to Rock-faced bench
1 Hagan Fork construction and perennial 4 feet 35 feet .0032
Creek Riprap for structure
stabilization
Temporary
1 Cofferdams/Bypass 45 feet .004
piping
* 35 feet
Total Stream Impact (by length and acreage)
permanent permanent
'Permanent impacts contained within area of temporary impacts 45 feet .004
temporary temporary
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc. (acres)
Total Open Water Impact (acres) 0
Page 4 of 8
6. List the cumulative im act to all Waters of the U.S. resultin from the roject:
Stream Impact (acres): 0.0032
Wetland Impact (acres): 0
O en Water Impact (acres): 0
Total IYn act to Waters of the U.S. (acres) 0.0032
Total Stream Im act (linear feet): 35 feet
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NA
8. Pond Creation NO POND IMPACTS
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The one must be replaced for
the safety of the travelling public. Rock-faced bench to be constructed to restore "normal" stream
dimensions (based upon a downstream reference cross-section).
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 January 15, 2002, mitigation will be required when
Page 5 of 8
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 NCEEP 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.
MITIGATION NOT ANTICIPATED
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
3.
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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)?
Page 6 of 8
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
3. 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 (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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.
* I Impact I Required
Zone ,~,,,,,,,,e F o«, Multiplier ,~,~;,;,~,*;,,,,
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No increase in impervious surface is proposed.
Page 7 of 8
XII. Sewage Disposal (required by DWQ)
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.
No wastewater is generated from the project.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The wipe replacement and rock faced bench construction will not result in additional
development of the surrounding area.
XV. 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).
~l. ~. ~'-~'~ ~ l/-ate-d ~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
SR 1809, Love Road, Pipe Replacement
Downstream
Inlet
Outlet
Upstream
Exts#tnq Areo of flood bench to be removed
to maintain normal channel dimensions
Pipe to be shifted to ~
the EOSt approx. ~'
5' ~ Existing 60' CMP
Proposed stream width
to be opprox.3.0'-4.0'
?9• *,
CIOSS 11 Rip-Rap Or Shot Rock
to be placed to create o flood
bench. Bench to be approx.
I.0' higher than normal water flow.
Area to be bock ftNed with excavated
bench material
NOTES:
p Pumping system to be used to divert
stream around the construCtlon site
as needed
2) Any Contaminated water within the
construction sits is to be pumped
Into o silt bog
3) Silt fence to be placed around stock
pile and protect os Tt oeows
4) Upon completion of the project Otisiit
fences are to be placed as needed .Also
seeding and mu~hing of disturbed areas
O
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Drainage
Ditch
``~
Unnamed irTbutory
to Holton Fork
Creek
Proposed 72'
Ct~ 50' Long a
with Heodwotl
on both ends
Bench Mork tNoil) in
Power Pole Assume
Elev.100.0
Sheet lof 3
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s
Portion of a O '- 50' Lonq
~,_..dtloptdoted ~./
Ptpe to be shifted
cons headwall
~- Drotnoge~ to the West opprox.4.5'
~~~ DttCh
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3/07
Approximate Stream
___„ Wfdth 3'-4' ~._
90'
85'
p' S' 10' 15'
Reference Cross Section Approximately
80' Downstream from the CL of Road
Looking Downstream
Proposed Rock Faced Stream width t0 be between 3'-4'
Flood Bench. Rock to be
PloGed Approximately 1.0'
Above Normal Water Flow
Extsttnq Flood t3ench To Be Excavated
to Malntaln Normal Stream Width
90'
85' Y-
p' S' 10' 15'
Cross Section Approximately 40'
Downstream from the Centerline
of Rood Looking Downstream
Sheet 3 of 3
NCDOT 12TH DIV.
t3rldge Maintenance
Pipe Replacement On SR 1809
Love Rood Catawba Co.
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Name: CATAWBA Location: 035° 40' 17.73" N 081 ° 07' 19.8" W
Date: 4/20!2007 Caption: Pipe Replacement, SR 1809 (Love Road), UT to Hagan Fork
Scale: 1 inch equals 1000 feet Creek, WS-IV Watershed, Catawba River Basin
1998, Maptech, Inc.
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NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 1 ~. County: C'.atawha Project ID:
River Basin: Catawba Bridge No: Pipe Replacement
Route: SR 1809, Love Road
Watershed
Water uality Criteria:
Stream: UT to Hagan Fork, WS-IV
Yes No
Stream Crossing Blue Line On USGS r f
ORW r r
WSI r ~
WS II,III OR IV, Crossing Within O.Smi of W.S. Critical Area r r
Roadway Criteria:
Route Designation-
Additional Site Information:
Yes No
Arterial Urban r r
Arterial Rural r r
Yes No
Is a Hazardous Spill Basin Required? r r
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).