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HomeMy WebLinkAbout20030515 Ver 1_Complete File_20030423Michael F. Easley, Govemor � Wq.T�, William G. Ross Jr., Secretary �O '9Q North Carolina Department of Environment and Natural Resources O ,G �. . �r,. Alan Klimek, P.E., Director ] . � Division of Water Quality � -� Coleen H. Sullins, Deputy Director Division of Water Quality March 2, 2007 DWQ # 03-0515 Forsyth County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ms. Trish Simon, DEO NCDO, Division 12 Po Box 47 Shelby, NC 28151-0047 Dear Ms. Simon: On April 23, 2003 you requested a 401 Water Quality Certification from the Division of Water Quality (DWQ) for your project on SR 2008 in Forsyth County. We wrote you on May 19, 2003 discussing concerns that we have regarding the design of the project and placing it on hold until those concerns are addressed. Therefore we are returning your applications. Once you have collected sufficient information to have a complete application (please see our hold letter for the missing information), you will need to reapply for the DWQ approval. Your file is hereby retired and will not be reviewed until our earlier concerns are addressed. Please contact me at 919-733-5694 if you have any questions or would like to discuss this matter. i cerely, G� t ' �r�.. _.. John Hennessy Transportation and Permitting Unit. cc: DWQ Wilmington regional office US Army Corps of Engineers Wilmington Field office Eile Copy Central Files � ���: ���P�� N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fa�c), (http,//h2o.enr.state.nc.us/ncwetlands _ ., ��r �. swr °� SY r., �.. � � � .� . � �,. ow., STATE oF NORTH CAROLINA ,�' � +1' _ � '�� DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 2761 I-5201 DAVID MCCOY GOVERNOR SECRETARY Apri123, 2003 SUBJECT: Forsyth County - SR 2008 Tyner Road Work Order Number 9.20342; �����f,a����" . -� ,^ , di Mr. John Dorney R � � ����r,Gn'�� /`� NC Division of Water Qualiry E�OZ V�/ 4401 Reedy Creek Raleigh, NC 27607 Dear Mr. Domey, � � �'db ����4� ��,��� _ U �i nr �d����� In an effort to obtain the necessary permits for the subject road project, we are providing location plans and supporting documentation for the restoration of the embankment of Tyner Road and a slight relocation of a small stream in ForsS�th County. There are no wetlands in the project area. We propose to replace the eroded road embankment (which was washed out in a heavy rainfall event) and restore and relocate a 40 foot length of the streani. Currently, there is an old car, several appliances, dres and other debris in the stream, as can be seen in the attached photos. T1us material has caused the flow to erode the road embankment, which runs parallel to the stream. By clearing out the debris, and moving the stream over and restoring it to a more natural condidon, we believe the area �vill be enhanced for wildlife and also for safety of the travelling public. Natural material �vill be use.d where practical and the construction �vill take place in.the dry and stabilized prior to mo«ng the ilow over. No endangered species were found on a survey conducted on 4/11/03. We believe this project can be accomplished under Nationwide permit numbers 1� and 33. By copy of this letter, we are also seeking approval from the NC Wildlife Resources Commission, the State Historic Preservation Office (tluough your office), the Corps of Engineers, and US Fish and Wildlife Sen�ice. Therefore, we are submitling the enclosed material to them. If you have any questions, comments or need additional information after re�iewing this material, please contact our office at (336) 761-2613. Thank you for your cooperalion in this matter. Respectfully, �.C-cu-..� �-�-.� Diane K. Hampton, P,E. Division Environmental Engineer Enclosures P��p e R �`����/ CF: Mr. Pat Ivey, P.E., Di��sion Engine:,r ' �Cf/� � Mr. Gary Neal, Count� Maintenance Engineer ��/� C!` File Division of Highwa}�s o Division Nine • 2125 Cloverdale Avenue, Winston-Salem, NC 27103 Telephone (336) 761-2613 e Fax (336) 761-2606 • Courier Box 13-12-04 .- , ;��� t� '�F,�A.>i�v ��, -.� F���� ����°�'� : .. . � .. . . . : r,,,, . .. , ' . ;� � . . .�: , . , x: - .' . - , , �:: . , . . , , ., . • . . : •�� " ` . . , ,,,. �:. ,,. - �� �' � . *,, , x .. . , , . �` �. , ,.. . . . . . , :.,. ;,,,: , ; : _, _ -:.,:, . . ; . . , . , „. r: . , -. . . � , -. -... . . .. �,' , , , „ _ .. ' 1. ' , . . y' j , . . _. . .. . � . .. .. t. �{'. �:r . ' . ' � .. . . . , '' . . .. .. . .. . .. . . .. . .,...._ �:t. . � _.. . � . . � " . . � � ~ . � . t , ," ` h � ' . ' .., • ' .. . .. . . ' . � ' ' � . � .. . ' . . . . 'i .y . . . ' : . . . ' +. _ . � , .y ; . ' . ' . . , ... ,. M1`.. . , . . . ..� � ' ' . . . �F - . f::. . . . � � ._ . . . ' . . � . . 5 A � � ' ' �� . ' ' - ' f � ' .. . . . r` � y . -. . • ' , � . . � ,. r �r � b. � . . . . � � ' . � �� � � . � , �y` . . , . , .. s. _ ' � - � .. > -. � . . . . . . , .. .. . ' . . . ,.y - . . . . � . , � Y . . • . . . . . • t . . , . . , - ' ` . .' i' . �.. . . � � Ofiice ITse Only: USACE Action ID No. Form Version Agri12001 �wQ rro. 0305��. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than l�aving the space blank. 0 � Processiaig 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. NW-33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for rnitigation of impacts (see section �III — Mitigation), check here: ❑ Applaca�t d�formation 1. Owner/Applicant Information Name: I'dC Department of Transportation. S P Ivey, PE Div. 9 En 'n�� eer Mailing Address: 2125 Cloverdale Ave. Winston-Salem NC 27055 � Telephone Number: 336-761-26 � 3 Fax Number: 336-761-2606 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Aufhorization letter must be . attached if the A.gent has signatory authority for the owner/applicant.) Name: Diane Hampton, PE DEO Company Affiliation: NCDOT — Division 9 Mailing Address: 2125 Cloverdale Ave Winston-Salem NC 27055 Telephone Number: 336-761-2613 Fax Number: 336=761-2606 E-mail Address: dkhampton�a dot state nc us DORP 4 ..f�t� ,� � ' ,�.� III. Project Information Attach a viciaeity map clearly showing the locatian of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed sate pian shbwing 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 footprirrts of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topogaphic 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 I1 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: Creek Relocation and Bank Stabilization — Tvner Rd. Fors, h County 2: T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIl�: N/A 4. Location County: Fors�th Nearest Town: Walkertown Subdivision name (include phase/lot number): N/A Directians to site (include road numbers, landmarks, etc.): Starting in VValkertown at TJS 31 l, go north on SR 1992 Sullivantown Rd for approximately 3 miles. Turn right onto SR 2008 T�ner Rd, site is .5 mile on right. 5. Site coordinates, if available (UTM or Lat/Long): 36°12'S.6" N$0°0?'6.1" 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: Woaded road embankment/creek site full of �unk cars, appliances, tires, etc. 7. Property size (acres}: N/A 8. Nearest body of waYer (stream/river/sound/ocean/lake): West Belews Creek 9. River Basin: Roanoke (Note — this must be one of North Cazolina's seventeen designated major river basins. The River Basin map is available at http://l�o.enr.state.nc.us/admin/ma�s/.) Dnon A nf 77 � ��, � v. � 10. Describe the purpose of the proposed work: to clean out creek and relocate sli�htiv to allow re�air of eroded road embankment for safet� and to restore creek to a more n;aturat state The road is currently closed due to hazardous conditions. � 11. List the type of equipment to be used to construct the project: standard road constructian e�ui�ment includin._g a trackhoe 12. Describe the land use in the vicinity of this project: wooded unauthorized dump site Praor Project �estory 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 usefu� information. Describe previausly approvet3 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. Futeere Pa�oject Pians Are any additional anticipated work, application: N/A permit requests anticipated for this project in the future? If so, describe the and provide justification for the exclusion of this work from the current Proposed Impacts to dVaters of the iTnited States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all i�paCts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. Ali proposed impacts, permanent and tempvrary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (i�termittent 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 Dnr.0 G ..f 1'1 , . � ,. mitigation, iist and describe the irnpact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wedand Impact Area of Located within Distance to � Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wedand*** indicate on ma acres ( es/no) (linear feet) N/A * List each nnUact separately and identify temporary itnpacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditchiugldrainage, etc. For dams, separately list unpacts due to both structure anct tloodmg. ** i00-Year floodplains aze identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FBMA-approved local floodpiain maps. Maps are availabie through the FEMA Map Service Center at 1-800-358-9b16, or online at httn:/lwww.femagov. *** List a wefland type that best describes wefland 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: none Tota1 area of wetland impact proposed: none 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact 5tream Name** of Stream Intermittent? indiCate on ma inear feet Before Im ct lease s c" 1 Unnamed Trib to W. Belews 6 Perennial relocaiion 40 Creek " List each impact separately and identify temporary impacts. Impacts include, but are not lunited to: culverts and associaied rip-rap, dams (separately list unpacts due to bott� suucture ana ttooamg�, reiocaaan �znoiuue mirzu �cC� c,cl�,� ��u �,.�, a�u �i�� 1���,sauy, stabilization activities (cement wall, rip-rap, crib wali, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles sho�uing 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 LTT (unnamed tributazy) to .the nearest downsheam named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.�zone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to a11 streams on site: 40 feet Dnnn F. nf 7'1 e 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 map) N/A Area of Type of Impact* Impact List each impact separately and identify temporary impacts. flooding, drainage; bulkheads, etc. � Name of Waterbody T3'Pe of Waterbody (if applicable) (lake, pond, eshiary, sound, ba , ocean, etc j acts include, but are not limited to: fill, excavation, dredging, 4. Pond Creation 1V/A ' If construction of a pond is proposed, associated wetiand 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 tha.t apply): Q uplands, ❑ stream ❑,wetlands Describe the method of constY`uction (e.g., dam/embankment, excavation, installation 'of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): —_ Size of watershed draining to pond: Expected pond surface area:, __ �anpact �ustif cation (Avoidance and Minimizat�on) 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, aceessibility, 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 creek needs to be cleaned out and relocated slightiv to a11ow for the road embankment to be reconstnacted for safety Heavy rains in the �.ast month have washed the embankment out. The creek has a�unk cax� several apvliances and tires in it causing severe erosion and obstructions. The creek is �roposed ta be moved over with the same geometry as before The side slones will be stablized with ri�ran All other areas will be reveg,etated The pattern profile and dimension of the creek will remain the same exce�t for a mirrored o�posite of what is existin�. All efforts to insure erasion control and to minimize the�lacement of rip rap will be made. Natural materials will be used to stabilize the banks where possible Construction will be comuleted in a timelv fashion to not upset the natural and human communitv. n.,..a ^r ,.v i � � � �ffi. 1Vlitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division af 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 Modificatibn 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 envirorzment are minimal. Factors inaluding 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 af the project; establishing and maintaining „wetland and/or upland vegetated buffers to protect op�n w�ters such as streams; and replacing losses af 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 applica.tion complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shali be placed on hold as incompiete. 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 httu�//h2o enr.state.nc.us/ncwetlands/strm,�ide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions andlor map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation praposed (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. The creek will be restored ta a better state than before without losin� stream len h, so no mitigation is proposed n..rto a „f i � .. , � '. ` m 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreemetrt. 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 mitiga.tion 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 httv//h2o.enr.state.nc.us/wrplindex.htm. If use of the NCWRP is proposed; please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): I%. Environanent�l Documentation (DWQ �Dnly) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) land? y 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, ca11 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 Clea.ringhouse? If so, .please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ X. Pa-oposed Impacts on Rnparia�n and i�Vaterstned Bu�'crs (IDWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map a11 impacts to required state and laca.l buffers associated with the project. T'he applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identiiiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the bu�ers. Correspondence from the DWQ Regional Office may be included as appropriate. Photagraphs may also be included at the applicant's discretion. D., �.o O ..F t '7 , ' � ��. . �� � Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and VVater Supply Buf�er 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* I .,, �pa�,,.. I Multiplier I R,equired 2 Total * Zone 1 extends out 30 feet peipendicular fi additiona120 feet from the edge of Zone 1. 3. 1.S near bank of channel; Zone 2 extends an If buffer mitigation is requireti, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Ri,pazian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buff�r Restoration Fund). Please attach a11 appropriate information as identified within 15A NCAC 2B .0242 or .0260. 5torapwater (DWQ Only) Describe impervious acrea.ge (bath e�sting and proposed) versus total acreage on the site. Discuss starnnwater controls proposed in order to protect surface waters and wetlands downstream from the praperty. Sewage IDisposal (1DWQ Omly) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed pro1ect, or available capacity of the subject facility. �ffi. �nolagaons (IDWQ O�tly� Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No � n., Ro i n;,f i � r � Is this an after-the-fact permit application? Yes ❑ No � I�Y�. Othe� Ci�cu�asiances (Opii�mnal): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to a11ow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that rnay 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). � A.Gid���-�-�.,��-- �% 2_L.. ) O 1 Applicant/Agent's Signature Date (Agent's signature is vatid only if an authorization letter from the applicant is provided.) �JS Araa�y Corps ()f Engineers �'�cld Ufirces amd County Coverage Asheville Reguiatory Field Off ce US Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Telephone: (828) 271-4854 Fax: (828) 271-4858 Raleigh Regulatory Field Office US Army Cotps Of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Telephone: (919) 876-8441 Fax: (919) 876-5283 Alexander Avery Buncombe Burke Cabarrus Caldwell Catawba Alamance Allegliany Ashe Caswell Chatham Davidson Davie Cherokee Clay Cleveland Gastan Grat►am Haywood Henderson Durham Edgecombe Franklin Forsyth Gra�nville Guilford HalifaY Iredell Jackson Lincoln Macon Madison McDowell Mecklenburg Johnston Lee Nash Northampton Orange Person Randolph Washington Regulatory Field 4ffice Beaufort Currituck Janes US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 . Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (2S2) 975-1616 Chowan Hertford Pasquotank Faac: (252) 975-1399 Craven Hyde Perquimans VVilmington Regulatory Field Office �Anson Duplin Onslow US Army Corps Of Engineers Bladen � Harnett Pender Donn 1 1 nF 1'1 Mitchell Polk Rowan Rutherford Stanley Swain Transylvania Rockingham Stokes Swry Vance Wake Warren Wilkes Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only � � � ry ' . . . �� \ � " / � 6� • �i -�iel 9- � - b�l o �I �g •., _- h n� _ . . � � � ' � EI• LI' u PI ' �I ` $ - NI ~m4`° �. � 2, � � � ���--~�-�_ �I �. ��� ,- �I � � �. " �I ��1�,31-.� �. �I ��, � � al � � �� .� . �.� � � � o, e� � .,o � s � �°�, i " , \ � &� ° � $ . o� � a �� i� o . P `� �. ,o o a� � � . .'N 8 Im '�t� ' �'' \o �`� \'�r., �.�I � ��,�: $ 6� 3�� ,� � , ��. �I � o �I � . °� % �' '� �I �I �� .:,�� : � _ OI \ . PI �__�'_�� .�. �._ � �N RI . . . � . � � fl �\ 9�I � oi �I$ ' . 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A �� � � 3 S Q � � a � � .� � Z D 0� � � 3 � � f 4 0 4 3 �. z � I' 4 � N ' ; X �: Q u1 � �� '� ='� >� ��£� ro � �', A � '� F �. �.�: ! � :� � v� i �� � � ,. , � ;��` J ,�, � ; �� � �� `�� (% > � � . � r A i� f Q � 1 � 4 W P � 4 3 � � � w z � Qo J � � � � � � � � i � ; V� � �7 � ,> . ��o� � �„� �, ' �` ' � ���.E coP �-���. � _ � . �, ,r .> STATE oF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY June 10, 2003 SUBJECT: Forsyth County - SR 2008 Tyner Road Work Order Number 9.203421 �E�����/A�� ��o�� is Mr. John Dorney NC Division of Water Quality Jv� � e� ?D03 4401 Reedy Creek Raleigh, NC 27607 ����� ���LI iV �a��T10 1►'ey fl� ►a Dear Mr. Domey, This letter is in response to yow letter of May 19, attached. I have spoken with Mr: Todd St John on June 10'�' and would like to follow up the conversation with this letter. You letter had four issues that I am addressing. The first issue is the name and address of the applicant. Your response letter was sent certified mail to Division 12 instead of Division 9. Please correct the name and address for your records and also to avoid delays in correspondence. The second issue was the type of Nationwide permit for this work. I consulted Mr. Eric Alsmeyer to deternune which pernut applies and was advised to use Nationwi e 14. I will be withdrawing the request for the Nationwide 33. The third and fourth issues involve specific details on pattern, side slopes and profile of the stream relocation. I am having a site survey made, which will depict the e,Yisting conditions as well as the proposed relocation. Specif c details on bank stabilizalion, revetment, side slopes and pattern and profile will be addressed. The efforts will also address the cleaning of the debris from the stream, which will make it flow more smoothly, and nahually, avoiding bank erosion. rfI'he new information will be coming to your office and the Corps of Engineers as soon as it becomes available. Thank you for your consideration of this applicaUoq and also your time in reviewing it. If you have any questions or comments, please contact me at (336) 761-2613. Sincerely, - � .�-a�r�� . � ' Diane K. Hampton, P.E. DiviSion Environmental Engineer Enclosure � ' CF: Mr. Pat Ivey, P.E., Division Engineer Mr. Gary Neal, County Maintenance Engineer Mr. Eric Alsmeyer, Corps of Engineers File . Division of Highways o Division Nine • 2125 Cloverdale Avenue, Winston-Salem, NC 27103 Telephone (336) 761-2613 • Fax (336) 761-2606 • Courier Box 13-12-04 . _ � � ��� {��,; � �� � � � :. � � . . ��§ �� �' ��� � ��° :� � ' . , � . � e_3 . _., .. , . , . ,, 1 . , . . ' :, ��� W A T�RP �O G � r > � � Y Michael F. Easiey, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality � ��� , Forsyth County DWQ Project No. 030515 Proposed stream relocation of LTT to West Belews Creek on SR 2008 (Tyner Road) CERTIFIED MAIL: Return receint repuested Ms. Trish Simon, DEO NCDOT Division 12 P.O. Box 47 Shelby, North Carolina 28151-0047 Dear Ms. Simon: The Division of Water Quality staff has reviewed your submittal for a§401 Water Quality Certification for the aforementioned project received April 24, 2003. Review of the water quality certification application revealed several deficiencies: 1. Water Q��c�lity Certifications � � DWQ understands that you are applying for water quality certifications for the restoration of the embankment of Tyner Road and a small (40-foot) stream relocation of the UT to West Belews Creek. We believe that this work would involve NW 13 (WQC No. 3399) Bank Stabilization and NW 27 (WQC No. 3399) Wetland and Riparian Restoration and Creation rather than NW 14 and 33 as no culverts are involved in this project. Please contact the US Army Corps of Engineers to determine which permits are most appropriate. 2. Strenm Relocatiori Plar1 � ■ The plan proposes to relocate a 40-foot section of stream in the "nurror opposite" of the existing stream's pattern; dimension, and profile. Please provide specific detail of how this proposal will ameliorate the problem rather than further de-stabilize the stream. 3. �Bank Stabilization � � ■ Please provide typical details for all bank stabilization/revetment structures. Please provide detail on the side slopes. Please specify the location where bank stabilization/revetment structures are to be empioyed on the site pians. Pursuant to 15A NCAC 2H .0507(a)(3), the permit application is placed on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of `Vater Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place the permit application on hold. North Carolina Division of Wa4er Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Bivd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ ��� !NL'[?€P„=i We look forward to working with you to expedite the processing of your permit application. If you have any questions or require additional information, please contact Cynthia F. Van Der Wiele at 919.733.5715 or Todd St. John at 919.733.9584. Sincerely, �,. � / ��i�1vY� � ��`2`-.�� / � � � �.7,� John R. Dorney �� Water Quality Certification Program pc: USACE Wilmington Regulatory Office JL�hn Thnrrlag� T�JC„ACE R2IP?oh Field Offce Todd St. John, NCDWQ NCDWQ Winston-Salem Regional Office Owen F. Anderson, NCWRC File Copy Ofince TTse Only: " Form Version Apri12001 03 051 � USACE Action ID Na DWQ No. �f any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. L Processing � 1 2. � ��l ����� i ��� � �g.���� Check all of the approval(s) requested for this project: APR �� f�t!3 � Section 404 Permit ❑ Section 10 Permit #�u�����i ��A�e�� �'������ �� � 401 Water Quality Certification ��Id � J 3� Z% ,, ❑ Riparian or Watershed Buf%r Rules Nationwide, Regional or General Permit Number(s) Requeste : NW-14. NW-33 If this notification is solely a courtesy copy because written appro ertification is not required, check here: ❑ � � 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is propased for mxtigation of irnpacts (see section VIII — Mitigation), check here: ❑ Applacant Information l. Owner/Applicant Information Name: 1'dC De�uiment of Transnortation. S P Ivey, PE�Div: 9 Engineer Mailing Address: 2125 Cloverdale Ave Winston-Salem NC 27055 Telephone Namber: 336-'761-2613 Fax Number: 336-?61-2606 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Diane Hamnton PE, DEO Company Aff'iliation: NCDOT — Division 9 Mailing Address: 2125 Clo�erdale Ave Winston-Salem, NC 27055 Telephone Number: 336-761-2613 Fax Number: 336-761-2606 E-mail Address: dkhampton(c�dot state nc us S�� ��0'J _. �� `5 �Dnnn Z ..f 7'1 Gt �� ' S ����� �.� � � � �2 � �G. --� ���,� � � G�/D c � � r�� ��� � �� - r��� ���; � � � � , � s�� �� ��� ���� � 9B �o '� l �`�f P,� y��:NT �F������ 5.� ffi. Project Inforanation Attach a vicimity map clearly showing the tocation of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed sate p�am shawing 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 footprirrts of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topograpbic 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 a.s 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 fizll-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: Creek Relocation and Bank Stabilizatian — Tmer Rd., Forsy�h Count,y__ 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIl�: N/A 4, Location County: Forsyth Nearest Town: Walkertown Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Sta.rtin�. in Walkertown at US 311, go north on SR 1992 Sullivantown Rd for approximately 3 miles. Tum right onto SR 2008 Tyner Rd, site is .5 mile on rigl�t. 5. Site coordinates, if avaiiable (UTM or Lat/I,ong): 36°12'S.6" N$0°07'6.1" 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: Wooded road embankmenticreek site full of junk cazs, appliances, tires, etc. 7. Praperty size (acres): N/A 8. Nearest body of water (stream/river/soundlocean/lake}: West Belews Creek 9. River Basin: Roanoke (Note — this must be one of North Ca.rolina's seventeen designated major river basins. . The River Basin map is available at htt.p://h2o.enr.state.nc.us/admin/maps/.) Dn nn A nf 7 7 10. Describe the purpose ofthe proposed work: to clean out creek and relocate sli�htly to allow reQair of eroded road embankment for safety and to restore creek to a more naturai state The road is currentiv closed due to hazardous conditians. 11. List the type of equipment to be used to construct the project: standard road construction e�uipment including a trackhoe 12. Describe the land use in the vicinity of this project: wooded unauthorized dump site IV. Prior Project Hisi�ry If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivisian) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, applicatio� date, and date permits and certifications were issued ar withdrawn. Provide photocopies af previously issued permits, certifications or other useful informatian. Describe previously approved wetiand, stream and buffer impacts, along wittt associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: N/A VI. Proposecd Ianpacts to Wate�s of the ITnited 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 (i�termittent 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 Dnnn G ..f 1'1 .< � � mitigation, iist and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a sepaxate sheet. 1. Wetland Impacts Wetiand Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wefland*** (indicate on ma acres ( es/no (linear feet) N/A * List each nnpact separateiy and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. r'or dams, separateiy hst unpacts aue to uom saucture ana uooamg. *4i i00-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIIZM), or FEMA-approved local floodpiain maps. Maps aze available through the FEMA Map Service Center at 1-800-358-96i6, or online at httu://�wvw.fema.�o_v. **'� List a wefland type that best describes wefland 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: none Tota1 area of wetland impact proposed: none 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Im ct lease s c' i Unnamed Trib to W. Belews 6 Perennial relocaYion 4'� Cree " List each unpact separately and identify temporary unpacts. Impacts include, but are not lnnited to: culverts and associated rip-rap, dams (separately list usipacts due to bott� suucture ana uoonmgJ, reiocanon �uicivae unear xec� ue�u�G auu u��, aiiu uc� iv���aui�, stabilization activities (cement wall, rip-rap, crib wali, gabions, etc.), excavation, ditching/straightening, etc. If stream retocation 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 LTT (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.�ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.t�zone.com; ven�vw.mapquest.com, etc.). Cumulative impacts (linear distance in feet) fo a11 streams on site: 40 feet � � , DnrTn F nf 7'1 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 map) N/A Area of Name of Waterbody Type of Impact* Impact �� applicable) .,..._....� * List each unpact separately and flooding, drainage, bulkheads, etc. � 4. Pond Creation N/A temporary impacts. Impacts include, but are not Type of Waterbody (lake, pond, esh�ary, sound, to: fill, If construetion of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed po�d 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 cansttuction (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 storniwater requirement, etc.): Size oiwatershed draining to pond: Impact �eastification (Avoid�nce 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 creek needs to be cleaned out and relocated sli�htly to a11ow for the road embankment to be reconstructed for safet� Heavy rains in the �ast month have washed the embankment out. The creek has a junk car several�vliances and tires in it causin� severe erosion and obstructions. The creek is �roposed to be moved over with the same geometrv as before The side slones will be stablized with ri�raQ All other azeas will be reveg,etated The pattern profile and dimension ' " " . .. . . •�1 M_''__ materials will be used to stabilize the banks where passible Construction will be comvleted in a� timel,y fashion to not u�.set the natural and human communitv. . � ,� � , p.,..o � ,.c � � .< , , Vffi. 1Vlitig�tion � 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 inaluding 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. Ex�mples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland andlor upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or p�reserving similar functions and values, preferable in the same watershed. If mitigat�on is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the applicalion complete for processing. Any application lacking a required mitigation plan or NCWRP concunence 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/strm�ide. html . Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach d'uections 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. , The creek will be restored to a better state than before, without losing stream len h so no miti¢ation is �rouosed Dnno Q �f 17 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 hnp:Nh2o.enr.state.nc.us/wrp/inde�htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): � Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): I%. Endi�onanental IDocumentatia�n (DWQ Onty) Does the project invo�ve 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 Pvlicy 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 ❑ Na � If yes, has the document review been finalized by the State Clearinghause? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ 7�. Proposed Impacts on ltapr�rian and �Vaterstaed ��ffers (ID�VQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and locai 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 accampaz�ying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Conespondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. � n�,.a o ,.� , � .< . � � � Will the project impact protected riparian buffers identified within 15A I`�TCAC 2B .4233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico}, 15A NCAC 2B .0250 (Randleman Rules and VVater Supply Buffer Requirements), or ather (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. Ii buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * - - Impact I I Required Zone �------- r--�� Multiplier *,�;.;,,,,��. 1 2 3 1.5 Total � � � Zone 1 extends out 30 feet perpendicular &om near bank of chmmel; Zone 2 extends an additiona120 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 (D�'Q Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss starmwater controls proposed in order to protect surface waters and wetlands downstream from the property. XtI. Sewage Disposal (I2WQ Omly) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or availabla capacity of the subject facility. Xffi. Violations (DWQ O�tly) Is this site in violation of DWQ Wetland Rnles (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No � � � , n.. rte � n „f i � 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 a11ow processing time for these permits. However, an applicant may choose to list constraints assaciated with construction or sequencing that may impose timits 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). � ,�.A,�.°� °��`�-�_ d-I Z.z..I O � Applicant/Agent's Signature Date (Agent's signature is vatid only if an authorization letter from the appli�ant is provided.) I1S �rmy Corps CDf Engineers F'neld �fffices and County Caverage Asheville Reguiatory Field dffice US Army Corps af Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Telephone: (828) 271-4854 Fax: (828) 27i-<1858 Raleigh Regulatory Fie1d Office US Army Corps. Of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Telephone: (919) 8'76-8441 F�: (919) 876-5283 Alexander Avery Buncombe Burke Cabam�s Caldwell Catawba Alamance Alle,ghany Ashe Caswell Chatbam Davidson Da�ie Cherokee Clay Cleveland Gaston Graham Haywood Henderson Durham Edgecombe Frdnklin Forsyth - Granville Guilford Halifax Iredell Jackson Lincoln Macon Madison McDowell Mecklenburg Johnston Lee Nash Northampton Orange Person Randolph Washington Regulatory Field Office � Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Catnden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (2S2) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perqnimans Wilmington Regulatory Field Office Anson Duplin Onslow US Arnty Corps Of Engineers Bladen Harnett Pender . � � Do..o /1 ..f 1'1. � . . 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L'���v.� ✓29�iF ,. 04'iace Use Only: USACE Actaon ID No. DWQ No. 0 3 0 515 Form Version April 2001 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than l�aving the space blank. �, Pracessing ����1�4'���"� �� ��� � 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 APR � � � 003 a�g� p ,��, �, , u�y����i, Y._v r�4�s-„`�� � F ��c��4�N 2. Nationwide, Regional or General Permit IVumber(s) Requested: NW-14, NW-33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification , is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is propased for mitigation of irnpacts (see section �iIII — Mitigation), check here: ❑ Applica�t �formation 1. Owner/Applicant Information Name: 1'dC Llepartment of Trans�ortation S P Ivey, PE Div 9 En ing eer Mailing Address: 2125 Cloverdale Ave. Winston-Salem, NC 27055 Telephone Number: 336-761-2613 Fax Number: 336-761-2606 E-mail Address: 2. Agent InFormation (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Diane Hampton PE DEO �ompany Affiliation: NCDOT — Division 9 Mailing Address: 2125 Cloverdale Ave. � Winston-5alem NC 27455 � Telephone Number: 336-761-2613 Fax Number: 336-761-2606 E-mail Address: , dkhampton(a�dot state nc us ��� ��.�� n� r � �E�E/��p � � �, Dnna 2 ..f 17 `^ , . . �.' , ffi. Project Information Attach a viciaaity map clearly showing the location of the property with respect to loeal landmarks such as towns, rivers, and roads. Also provide a detailed site pian showing property boundaries and development plans in relation to surrounding properties. Bath the vicinity map and site plan must include a scale and north arrow. The specific footprirns 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 tong 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 pape�work 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: Creek Relocation and Bank Stabiliza,tion — Tvner Rd. Forsvth County 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Forsyth Nearest Town: Walkertown Subdivision name (include phase/lat number): N/A Directions to site (include road numbers, landmarks, etc.): Startin� in Walkertown at US 311�o north on SR 1992 Sullivantown Rd for approximatelv 3 mites. Turn right onto SR 2008 T ney r Rd, site is .S mile on right. 5. Site coordinates, if avaiiable (UTM or Lat/Long): 36°12'S.6" N$0°07'6.1" W (Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the eoordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Wooded road embankmern/creek site full of j,unk cars, agpliances, tires, etc. 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): West Belews Creek 9. River Basin: Roanoke (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt.p://h2o.enr.state.nc.us/admin/maas/:) ,�. ,,- � � Dn nn A nf 1 7 > ,� ��. ` 10. Descrihe the purpose of the proposed work: to cle,.�n out creek and relocate slightiv to allow reuair of eroded road embankment for safe� and to restore creek to a more natural state The road is currentiv closed due to hazardous conditiQns __ 11. List the type of equipment to be used to. construct the project: standard road construction �uinment including a trackhoe 12. Describe the land use in the vicinity of this project: wooded unauthorized dump site IV. Prior Project �story If jurisdictional determinations and/or permits have been requested and/or. abtained for this project (including all prior pha.ses of the same subdivisian) 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 u�eful information. Describe previously approved wetiand, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Futeere Project Plans Are any additional permit requests anticipated for this praject in the future? If so, describe the anticipated work, and provid� justification for the exclusion of this woik from the current application: N/A VI. Proposed I�npacts to dVa#e�s of the IJnited 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. Ali 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 (imermittent and perennial) must be shown on a delineation map, whether or not. impacts are proposed to these systems. Wetland and stream evaluation and delineation forrns should be included as appropriate. Photographs may be included at the applicant's discretion. .If this proposed impact is strictly for wetland or stream Dn..nCnf17 mitigation, iist and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheefi. 1. Wetland Impacts Wetland Impact Area of I,ocated within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream (indicate an ma (acres ( es/no linear feet) N/A *a as* Type of Wefland*** List eaoh impact separately and identify temparary itnpacts. Impacts include, but aze not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both st:ucture and flooding. i00-Year floodplains aze identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FTRM), or FEMA-approved local floodpiain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://www.fema.g.ov. 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 e�sting wetlands on the property: none Tota1 area of wetland impact proposed: none 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet) Before Im ct lease s c' 1 Unnamed Trib to W. Belews 6 Perennial relocation 40 Creek " List each imgact separately and identify temporary impacts. Impacts include, but are not lunited to: cuiverts and associated rip-rap, dams (separately list impacts due to both structure ana tloaamgJ, reiocanon �xncivae unear iee� uC�v�c �u�u tt��, a�tu ctci av��saui/� stabilization activities (cement wall, rip-rap, crib wali, 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 LTT (utmamed tributary) to the nearest downstream named slream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us¢s.�ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.top.,ozone.com, �vww.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 40 feet DnrTO ( nF 17 � � .. , � �, 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 map) N/A I Area of Type of Impact* Impact * List each unpact separately and identify temporary impacts: flooding, drainage, bulkheads, etc. � Name of Waterbody '�'Pe of Waterbody hcable (lake, pond, estuary, sound, �� aPp � ba , ocean, etc. acts include, but are not lunited to: fill, excavation, dredging, 4. Fond Creation IV/A If construetion of a pond is proposed, as�ociated wetland and stream impacts should be included above in the wetland and stream impact sections. A1so, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all tha.t apply): ❑ uplands ❑ stream ❑ wetlands Describe the method of constY'uction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): ' Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size oiwaiershed draining to pond: Expected pond surface area:. — Impact Justi�cation (Avoidance ancl Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide infarmation related to siYe constraints such as topography, building ardinances, 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 creek n�eds to be cleaned out and relocated sli h�tly to a11ow for the road embankment to be reconstnacted for safet� Heavy rains in the �.ast month have washed the embankment out. The creek has a�unk car, several a�liances and tires in it causin� severe erosion and ohstructions. The creek is �roposed ta be moved over with the same geometry as before The side slones will be stablized with ri�rap All other azeas will be reve�etated The pattern profile and dimension of the creek will remain the same except for a mirrored opposite of what is e�stin�. All efforts to insure erosion control and to minimize the�lacement of rip rap will be made. Natural materials will be used ta stabilize the banks where �,ossible Construction will be comvleted in a timelv fashion to not upset the natural and human communitv. Dnrtn'1 nf t'1 ,i � ` `.' �ffi. Mitigation DWQ - In accordance with 1SA 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 freshwatier wetlands or greater than or equal tp 150 linear feet of total impacts to perennial streams. U5ACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on Mazch 9, 2000, tnitigation will be required when necessary to ensure that a.c�verse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and functian and r�elative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Ex�mples of mitigation that may be appropriate and practicable include, but are nat limited to: reducing the size af 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 I3WQ to consider the application complete for proce5sing. 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 htt,p://h2o. enr. state. nc.us/ncwetlandslstrmg,ide. html . Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e,g., deed restrictians, conservation easement, etc.), and a description of the current site conditions and proposed methad of construction. Please attach a separate sheet if more space is needed. The creek will be restored ta a better state than before, without losin�,stream length so no miti�ation is prouosed n....e a „f � � 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreemerrt. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approv�d 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 httQi/h2o enr state nc.us/wrp/indexhtm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide , the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): II�. Environanental l)ocumentation (�3WQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) land? Yes � � No ❑ If yes, does the project require preparation of an enviranmental document pursuant to. the requirements of the National or North Carolina Environmental Policy Act (N�PA/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 ar SEPA final approval letter. Yes ❑ No ❑ 7�. Pxoposed Impacts on �p�rian and Watershed �u�%rs (IDWQ 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 accampanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buf�ers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Dn r.n O nf 17 < ,, `� Will the project impact protected riparian buffers identified within 15A NCAC ZB .0233 (Neuse), lSA.NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or ather (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 huffer mitigation is required calculate the required amount of mitigation by applying the 'buffer multiplier�. I Impact I I Required Zone* ,_---.._.. r ..�. Multiplier r,�;+;..�,;,,, 1 2 3 1.5 T°tal � � � Zone 1 e�ctends out 30 feet peipendicular from near bank of chavnel; Zone 2 extends an additiona120 feet from the edge of Zone i. 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 a11 appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (YDWQ Only) Describe impervious acreage (both e�sting and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage �Disposal (IDWQ Oa�ly) 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. Xffi. �iolataons (IDW� O�ly) Is this site in violation of DWQ Wetland Rules (ISA NCAC 2H .0500) or any Buffer Rules? Yes ❑ No � Dorto 1!1 nf 7'f Is this an after-the-fact permit application? Yes ❑ No � I�V. Othe� Ci�cunestances (�pti�nal): 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). �� .C-���A.1-�►�5��'S� �1 7 2._.L. ) � Z Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) iTS .Army Corps CDf Engineers Field (Jffices �nd Co�anty Caverage Asheville Reguiatory Field Office US Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Telephone: (828) 27I-4854 FaY: (828) 27i-Q�858 Raleigh Regulatory Field Office US Army Corps Of Engineers 6508 Falls of the Neuse Road 5uite 220 Raleigh, NC 27615 Telephone: (919) 8'16-8441 Fax: (919) 876-5283 Ale�nder Avery Buncombe Burke Cabam�s Caldwell Catawba Alan�ance Alleghany Ashe Caswell Chatham Davidson Davie Cherokee Clay Cleveland Gaston Graham Haywood Henderson Durham Edgecombe Franklin Forsyth Granville Guilford Halifax Iredell Jackson Lincoln Macon Madison McDowell Mecklenburg Johnston Lee Nash Northampton Orange Person Randolph Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir � Post Office Box 1000 Camden Gates Martin W�shington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank - FaY: (252) 975-1399 Craven Hyde Perq�t�manc VVilmington Regulatory Field Office Anson Duplin Onslow US Artny Corps Of Engineers Bladen Harnett Pender �...�o t t..f t �. Mitchell Polk Rowan Rutherford Stanley Swain Transylvania Rockingbam Stokes Suay Vance Wake Warren Wilkes Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan Nationat Forest Only � g '\ \ / ' b' � �I 9 • nl ' � t a o dI h � I ' g8 � � '.\ . � H � . uu pl . \_ ' $ m NI ,m��' E�� ��� B , � , I \• NI NI � �• �• �I • N �il � � _ Zf • . „ , I �"r...� &I ^�,rl i7 �i �o � .�gl .�yl'.3' o. �I . i' '\ 2G S �I S ^ ��', �,�o '� R RI o .o' $ ',B1• �o g ° �i � . .. � S . .o� h � o o � 't. � . �•� so• n ,�o $ $I nl 6 �. '.\ o SI p • � ' `'� \ .a� �� $�N� �a�^ °��il� ' �-' �'. • o ° ��� `��. a� ^ o �. � gl a ol �- ; � �. ,� <I 3� , �g ��� R � R �I —••--•_ __ ' . P . � �N o �I _ � � � Yfl 7 QEI �Ig . '�' ,I � N � O vl � � . �I �I �' ' al A � �I � R� g �I 4 °- •p � H �„ �I ^ � �,. ml. �o a ��, . . _. —.._..\ r .\ O . � � � ''� al � � r ``'; -�. ob. �I �'� � •, �. .\. e . � . 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P� -' � �i .5' - � � �I � g � �I � � ,.� - � ��� �. ;� , � i� �I `�� � .N �i � '.°° ^� ! --- „ ,.� - ---- - T I' Z � J y �� � � a � � � 4 2 O � °� �� a , � �� � � 3 S � T � � J Q- � .�' � � � � � � �, u � f W �. a � 3 �„- z � �_ ��� � � U� � � ;a ��—�� ►o �' �� F �� �n ; k�. V � . �� �� � ,. ,F� � ,� .�r�� : ,a �Y U> q � � � i d r a �� � Q z j , � A w p � 3 4 ��� �� �� w x r� �� 90 � � � � � r � �' � � � � i � , � � � • A • � � • . •.�,�.,��� ,,�x;�����n �.��;:, �� ��.;�,�,,, �:�, Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality _-- -- _ _ _ __ �,� �� ;��•�. -- -- �� a•�'� � Forsyth County DWQ Project No. 030515 Proposed stream relocation of LJT to West Belews Creek on SR 2008 (Tyner Road) CERTIFIED MAIL: Return receiut repuested Ms. Trish Simon, DEO NCDOT Division 12 P.O. Box 47 Shelby, North Carolina 28151-0047 Deaz Ms. Simon: The Division of Water Quality staff has reviewed your submittal for a§401 Water Quality Certification for the aforementioned project received Apri124, 2003. Review of the water quality certification application revealed several defciencies: 1. Water Quality Certifications DWQ understands that you are applying for water quality certifications for the restoration of the .. embankment of Tyner Road and a small (40-foot) stream relocation of the UT to West Belews Creek. We believe that this work would involve NW 13 (WQC No. 3399) Bank Stabilization and NW 27 (WQC No. 3399) Wetland and Riparian Restoration and Creation rather than NW 14 and 33 as no culverts are involved in this project. Please contact the US Army Corps of Engineers to deternune which pernuts are most appropriate. 2. Stream Relocation Plan ■ The plan proposes to relocate a 40-foot section of stream in the "mirror opposite" of the existing stream's pattern, dimension, and pro�le. Please provide specific cletail of how this proposal will ameliorate the problem rather than further de-stabilize the stream. 3. Bank Stabilization ■ Please provide typical details for all bank sfabilization/revetment structures. Please provide detail on the side slopes. Please specify the location where bank stabilization/revetment structures are to be employed on the site plans. Pursuant to 15A NCAC 2H .0507(a)(3), the pernut application is placed on hold until we are supplied the necessary information. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers continue to place the pernut application on hold, � North Carolina Division of Water Qualiry, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Acidress) 2321 Crabtree Bivd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ � �. �: � We look forward to working with you to expedite the processing of your pernut application. If you have any questions or require additional information, please contact Cynthia F. Van Der Wiele at 919.733.5715 or Todd St. John at 919.733.9584. Sincerely, �U ��,i�T'2%�/ Gj�� John R. Dorney � � Water Quality Certification Program pc: USACE Wilmington Regulatory Office John Thomas, USACE Raleigh Field Office Todd St. John, NCDWQ NCDWQ Winston-Salem Regional Office Owen F. Anderson, NCWRC File Copy ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: NCDOT — Division 12 Post.Office Box 47 Shelby, NC 28151-0047 03=0515 — Forsyth � 2. ArtideNumber i(fransfer from service � PS Forms381�1�,�Augu A. X B. D. Is delivery a� If YES, enter � .� � l:, Agent ❑ Addressee (Printed ame) C. Date of D rvery L �� - S ��l � �ress different from item 1? ❑ es deli . .averG dd e�s.below: ❑ No � ��n 1' ��� 29 � 3. S�rciice Type ��--/ � � Certified Mail w s Maii' ❑ Registered Return Receipt for Merohandise ❑ Insured Mail ❑ C.O.D. I4. Restricted Delivery7 (Extra Fee) ❑ Yes 7�02 3150 00�4 9315 3407 c 102595-02-M-1540 UNITED STATES POSTAL SERVICE , �IFi"6! ss Mail ���c9 Fees Paid �� � Permit\��.�C 10 � L, l u`_, — • Sender: Please print your name, address, and ZIP+4'in this , .� NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 o� I��I�II���I�II�+I1���J��I��I�I,�I�I�II����II�J�1�11�����11�1