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
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�. . �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
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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
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STATE oF NORTH CAROLINA
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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;
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Mr. John Dorney R � � ����r,Gn'�� /`�
NC Division of Water Qualiry E�OZ V�/
4401 Reedy Creek
Raleigh, NC 27607
Dear Mr. Domey,
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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
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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
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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.
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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
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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/.)
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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
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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
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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.
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�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
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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.
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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.
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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 �
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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
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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
. _ � � ��� {��,; � �� � � �
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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.
�
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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
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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.
. � ,�
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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. � . .
Mitchell
Polk
Rowan
Rutherford
Stanley
Swain
Transylvania
Rockingham
Stokes
Surry
Vance
Wake
Warren
Wilkes
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only,
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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
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Mitchell
Polk
Rowan
Rutherford
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Transylvania
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Suay
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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