20071972 Ver 1_Application_20071121

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STATE of NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
November 16, 2007
Mr. Steve Lund
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, N. C. 28801-5006
SUBJECT: Pipe repair and rock ladder construction, Hwy 182, Lincoln County
Dear Mr. Lund:
The North Carolina Department of Transportation proposes to repair a section of disconnected pipe and
construct a rock ladder on Hwy 182 in Lincoln County. A four-foot section of the existing 46-foot long, 66"
RCP will be reconnected. The existing pipe is perched ~ 3 feet and a scourhole has formed at the existing pipe
outlet; therefore, NCDOT proposes to embed rock in the existing scourhole and construct a rock ladder at the
end of the repaired end section. The armored scourhole will provide energy dissipation to prevent further stream
destabilization and the rock ladder will facilitate some aquatic passage.. Due to the existing site conditions,
NCDOT requests a waiver from the Regional Condition 2(b)(e) permit depth specification, for the
construction of this project. Temporary cofferdams and bypass pumping will be utilized to manage the
stream during pipe installation. Upon project completion, the channel disturbed by the staging area and
temporary cofferdams will be restored to pre-project conditions and the surrounding area seeded and stabilized.
The scope of the work will result in a 18 feet of permanent impacts for the construction of the rock
ladder/armored scourhole to the unnamed tributary to Mill Creek, which is classified as a WS-II HQW
watershed by the Division of Water Quality.
Hwy 182 is a rural/urban arterial; however, the project is not located within '/2 mile of any critical watershed
area; therefore, hazardous spill basins are not required. Enclosed is the hazardous spill basin checklist.
This office has conducted a GIS and field survey for the project for historical sites and threatened/endangered
species sites. No sites listed on the National Register of Historic Places are located in the vicinity of the project
nor did there appear to be any eligible structures. The federally listed species for Lincoln County (USFWS listed
dated May 10, 2007) include Michaux's sumac (Rhus michauxii) and the dwarf-flowered heartleaf (Hexastylis
nan~ora). Natural Heritage Program records document the nearest Michaux's sumac location approximately
26 miles southeast (in Mecklenburg County) of the proposed project area. There are no known sites of
Michaux's sumac in Lincoln County. The sumac is typically found in sandy or rocky, open woods and appears
to survive best in areas with some disturbance, such as artificially or naturally maintained clearings. Michaux's
sumac was not observed in the project area nor did there appear to be suitable habitat. Natural Heritage Program
records document the nearest dwarf-flowered heartleaf location approximately 1.1 miles south of the

Hwy 182
Page 2
November l6, 2007
nronosed nroiect area. The heartleaf is usually found on dry to moist ravine slopes (usually north facing and of
the oak-hickory-pine forest type) and in boggy areas near springheads. There is no suitable habitat within the
proposed project area and no species were observed. NCDOT is recommending a finding of "no effect" for
T&E species and historical structures.
I have enclosed apre-construction notification for a NW#3, sketches of planned activities, and location maps
relative to the project.
Project information for the 401 Automated Payment Procedure is as follows:
• Work order number: 150463-55120005-12B.105511-3861
• TIP #: NA
• Project Category: $240.00 Fee
If you have any questions or concerns, please feel free to contact me at [phone]. Thank you for your
time and consideration to this matter
Respectfully yours,
M.L. Holder, P.E.
Division Engineer
Twelfth Division
w, ~~~
Trish Simon
Division 12 Environmental Supervisor
Enclosures
Cc: Brian Wrenn, DWQ, 401/Transportation Permitting Unit
Polly Lespinasse, DWQ, Mooresville Regional Office

Office Use Only' Form Version March OS
20071 972
USACE Action ID No. DWQ No.
,.
(If any particular item ~s not appucanie to mss pro~eci, pICdSC emcr iwi r~NNu~av~c v~ ~.~.~ -/
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW #3 (WQC#3687)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Mike Holder N.C. Department of Transportation
Mailing Address: P.O. Box 47
Shelby North Carolina 28151
Telephone Number: 704-480-9020 Fax Number: 704-480-5401
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Trish Simon
Company Affiliation: N C Department of Transportation
Mailing Address: P.O. Box 47
Shelby North Carolina 28151
Telephone Number: 704-480-9044 Fax Number: 704-480-5401
E-mail Address: tsimon(a~dot state nc us
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
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boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project Hwy 182• Pipe se m~replacementlRock Ladder Construction
2. T.I.P. Project Number or State Project Number (NCDOT Only): 12B.105511
3. Property Identification Number (Tax PIN): NA
4. Location
County: Lincoln Nearest Town: Lincolnton
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): From Lincolnton, Hwy
182 to site (~1/2 mile from intersection with Hw 274_)_
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees
(6 digits minimum): 35°26' 11 "N/81 °24'38"W
6. Property size (acres): < 0.10 acres- permit site
7. Name of nearest receiving body of water: UT to Mill Creek, WS-II HQW (from source to
0.5 mile upstream of mouth).
8. River Basin: Catawba
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h?o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing Conditions-ape on paved highway. General Land
Use- wooded, agricultural.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used. Repair of 66"
pipe. A 4-ft end section which has disconnected from the remaining_pipe will be repaired. The
,pipe is perched ~3 feet; therefore, a rock ladder will also be constructed to facilitate aquatic
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Work will be done using a trackhoe.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to repair a
broken wipe section and construct a rock ladder.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.NA
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No permit requests are anticipated at this site in the immediate future.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent impacts from riprap for
rock ladder construction.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding. NO WETLAND IMPACTS.
Page 3 of 8

Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(inuicaie Ali IiiaN~ L__, ~ ~._ , ~~ ~~ ~
uc~ vawvua, vvg, ~~.,.~ Floodplain

( es/no) Stream

(linear feet) (acres)
0
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.

Stream Impact

Stream

Perennial or Average

Stream Width
Impact
Area of
Number

'
Name Type of Impact ~
Intermittent.
Before Length Impact
indicate on ma
(
p)
Im act (linear feet) (acres)

1 UT to Mill Rock Ladder
Construction/
Perennial
5 feet
18 feet
002
Creek Scourhole armoring .
Temporary
1 Cofferdams/Bypass 20 feet .002
Pi in
* 18 feet *,002acre
permanent permanent
Total Stream Impact (by length and acreage) 20 feet .002 acre
*Permanent impacts contained within area of temporary impacts temporary temporary
impacts to impacts to
open channel open channel
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma ocean, etc.) (acres

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.002
Wetland Im act (acres): PERMANENT 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.002
Total Stream Impact (linear feet): 18 feet
Page 4 of 8

7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
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the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation NO POND IMPACTS
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, in igation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. No increase in pipe len tgth
associated with the pine seement replacement. A rock ladder will be constructed to facilitate
some aauatic passace and the existing scourhole will be armored to provide ener~v dissipation
and to prevent further stream destabilization.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 5 of 8

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
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lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h?o.enr.state.nc.us/ncwetlands/strmgide.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 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.
NO MITIGATION ANTICIPATED.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/.h?o.enr.state.nc.usiwr~lindex.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
Page 6 of 8

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
• -~ +~*~ ~^~ local b,,;ffers wss~~i~ted ~arith the nrniert The annlicant must also provide
r~.it uireu a~uw uaau r' J- rr
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi liers.
Zone* Impact Multiplier Required
(square feet) Mitigation
3 (2 for Catawba)
I.5
Total I ~ ~ ~
* Zone 1 extends ou[ 30 fee[ perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No increase in impervious surface is proposed. .
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater is generated from the project.
Page 7 of 8

XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Ves ^ PTO ~
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
tf yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The pipe segment replacement and rock ladder construction will not result in additional
development of the surrounding area.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA

-/lo -o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

Z
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Concrete Headwall
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Existing 66' RCP with -/
One 4' Section Disconnected
(Existing Grade Running Q
Approx. 1,7%)
NOTES:
DPumping system to be used to
divert the stream around the
construction site os needed
2) Any contaminated water within
the consructton site is to be
pumped Into o silt bog
Nall Set in Power Pole
Assume Elev, 100.0'
The 4' Section to be
reconnected O on invert
..~ ,,.
Li0 V . %a~1~,/r V Ji. 7J.7
MILL CREEK
Place S~ ~k~prox. 10'
Down Str~'ofi "of the end the Ptpe
~` Creating o Rock Ladder
0
N
.-~
9
3) Sllt fence to be placed around
stock pile and project os it allows
4) Upon completion of the protect all
slit fences are to be Dlaced os needed.
Also seeding and mulching of disrurbed areas
PLAN
Hartz: I'=20'
100
95
90
The 4' Section to be
Reconnected
t~
Existlnq 66' RCP
Cross Section
SCOIe: Horiz: I'=20' Vert: I'=10'
Shot Rock or Class II Rip Rap
Used to Construct o Rock Ladder
Rock to be embedded in the
Scour Areo
10/07

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Name: CHERRYVILLE Location: 035° 26' 11.48" N 081 ° 24' 38.52" W
Date: 11/15/2007 Caption: Pipe Segment ReplacemenU Rock Ladder Construction, Hwy
Scale: 1 inch equals 1000 feet 182, UT to Mill Creek, WS II HQW, Catawba River Basin
Copyright (C) 1998, Maptech, Inc

KEY TO MAP
............... .
SPECIAL FLOOD NA2ARD ZONE~A
AREA
EXPLANATION OF ZONE DESIGNATIONS
ZONE EXPLANATION
A Areas of 100-year flood; base flood elevations and
flood hazard factors not determined.
C Areas of minimal flooding. (No shading)
D Areas of undetermined, but possible, flood hazards.
V Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
nut determined.
Certain areas not in the special flood hazard areas (zones A and V)
may be protected by flood control structures.
This map is for flood insurance purposes only; it does no[ neces-
sarily show all areas subject to flooding in the community or
all planimetric features outside special flood hazard areas.
For adioining map panels, see separately printed Index To Map
Panels.
INITIAL IDE NTIFICATION~
DECEMBER 27. 197.E

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NCDOT
HAZARDOUS SPILL BASIN CHECKLIST
Division: 1 ? County: T incnln Project ID:
River Basin: Catawba Bridge No: Pipe Repair
Route: Hwy 182 Stream: UT to Mill Creek, WS II HQW
Water Quality Criteria:
Yes No
Stream Crossing Blue Line On USGS ~ r
ORW r
WSI ~ r
WS II,III OR IV, Crossing Within O.Smi of W.S. Critical Area ~
Roadway Criteria:
Route Designation-
Yes No
Arterial Urban r r
Arterial Rural ~ r
Additional Site Information:
Yes No
Is a Hazardous Spill Basin Required? r
Criteria Based Upon NCDOT "Best Management Practices for the
Protection of Surface Waters" (March, 1997).